OAR 340-163-0010: Definitions

As used in this Division, the following definitions apply: (1) “Commission” means the Environmental Quality Commission. (2) “Confirmed Release” means petroleum contamination observed in soil or groundwater as a sheen, stain, or petroleum odor, or petroleum contamination detected in soil by the Northwest Total Petroleum Hydrocarbon Identification Analytical Method (NWTPH-HCID, DEQ, December, 1996), or analytical results of 50 mg/kg or greater for Diesel/Lube Oil Range Hydrocarbons by Method NWTPH-Dx (DEQ, December, 1996), or detected in groundwater having concentrations detected by any appropriate analytical method specified in OAR 340-122-0218. (3) “Corrective Action” has the same meaning as given in ORS 466.706. (4) “Decommissioning” means to remove an underground heating oil tank from operation by an approved method specified in OAR 340-177-0025, such as abandonment in place (e.g. cleaning and filling with an inert material) or by removal from the ground. (5) “Department” means the Oregon Department of Environmental Quality. (6) “Fee” means a fixed charge or service charge. (7) “Firm” means any business, including but not limited to corporations, limited partnerships, and sole proprietorships, engaged in the performance of heating oil tank services. (8) “Heating Oil” means petroleum that is No. 1, No. 2, No. 4-heavy, No. 5-light, No. 5-heavy, and No. 6 — technical grades of fuel oil: other residual fuel oils (including Navy Special Fuel oil and Bunker C); and other fuels when used as substitutes for one of these fuel oils. (9) “Heating Oil Tank” means any one or combination of underground tanks and above ground or underground pipes connected to the tank, which is used to contain heating oil used for space heating a building with human habitation or, water heating not used for commercial processing. (10) “Heating Oil Tank Services” means the decommissioning of a heating oil tank or the performance of corrective action necessary as a result of a release of oil from an underground heating oil tank. (11) “Licensed” means that a firm or an individual with supervisory responsibility for the performance of heating oil tank services has met the Department’s qualification requirements to offer or perform such services and has been issued a license by the Department. (12) “Responsible Person” means “owner or operator” as defined in ORS 465.200(19) and any other person liable for or voluntarily undertaking remediation under 465.200, and is used synonymously with the term “tank owner” in this Division. (13) “Service Provider” is a firm licensed to offer and perform heating oil tank services on underground heating oil tanks in Oregon. (14) “Supervisor” means a licensed individual who is charged with the responsibility for directing and overseeing the performance of heating oil tank services at a tank site. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.]