OAR 340-177-0055: Cleanup and Reporting Requirements

(1) Within 72 hours after a confirmed release of petroleum from an underground heating oil tank is identified, the licensed service provider or supervisor must report the release to the Department by telephone or in writing, in accordance with OAR 340-163-0020(4). The Department will assign a “site identification” or “log” number for each release, which will serve as confirmation of reporting. If work on the tank is being performed by the tank owner, the tank owner is responsible for the required notification to the Department. (2) The responsible person must take the following initial abatement actions for any release which has or may result in a sheen on surface water or groundwater, any below-ground release, any above-ground release in excess of 25 gallons, or any above-ground release of less than 25 gallons if the responsible person is unable to contain or clean up the release within 24 hours: (a) Take immediate action to prevent any further release of heating oil into the environment; and (b) Identify and mitigate any fire or safety hazards posed by vapors or free product. (3) If groundwater is encountered at any time during release identification or cleanup, or if any fire or safety hazards are posed by vapors or free product that has migrated from the excavation zone, the Department must be notified immediately. The Department may require that additional investigation or cleanup be conducted before proceeding further with the requirements of OAR 340-177-0055(3) and (4). Any free product observed must be removed in accordance with the requirements of 340-122-0235; (4) The following actions must be taken for each release: (a) Remove as much of the product as possible from the heating oil tank to prevent further release to the environment; (b) Conduct a visual inspection of any above-ground release(s) or exposed below-ground release(s) and take actions necessary to prevent any further migration of the heating oil into surrounding soils and groundwater; (c) Remedy any hazards posed by contaminated soils that are excavated or exposed as a result of release confirmation, site investigation, abatement, or cleanup. If cleanup includes treatment or disposal of contaminated soils, the responsible person and service provider must comply with all applicable state and local requirements. Stockpiled contaminated soil must be placed on an impermeable material (e.g. visqueen) and covered and bermed to prevent run-off. Storage of contaminated soil longer than 30 days requires a solid waste letter of authorization permit from the Department and may be prohibited by local jurisdictions; and (d) Measure for the presence of a release where contamination is most likely to be found at the residential heating oil tank site. In selecting sample types, sample locations, and measurement methods, the responsible person or service provider must consider the nature of the stored substance, the type of back-fill material that is present, depth to groundwater, and other factors as appropriate for identifying the presence and source of the release. (5) Within forty-five days after the date a release from a heating oil tank is reported to the Department, the responsible person or service provider must submit a written initial cleanup report to the Department, if groundwater is encountered at any time during cleanup or during tank investigation, if any fire or safety hazards posed by vapors or free product have not yet been eliminated, or if cleanup at the site is not expected to begin until after forty-five days from the date the release is reported. (a) The written report may be a narrative report or on a form provided by the Department, that adequately describes any and all actions taken in accordance with section (3) of this rule; (b) The amount in gallons of heating oil removed and the name of the disposal or reuse location must be included in the report; and (c) If cleanup has not been initiated within the first forty-five days after the release is discovered, a proposed schedule for cleanup of the release must be included in the report. (6) Within sixty days of completing cleanup at a heating oil tank release site or within another longer period of time approved by the Department, the responsible person or service provider must submit to the Department, as a narrative report or on a form provided by the Department, a final cleanup report, which includes, as a minimum, the following information: (a) A narrative section describing how the release was discovered, what initial measures were taken to control the spread of contamination, what was observed when the tank was removed from the pit (odor, sheen, stained soils, holes in tank or lines, etc.), how the cleanup was done, how much contaminated soil was removed, what was done with the contaminated soil and the decommissioned tank and piping, who collected the samples, how the samples were collected, stored, and shipped to the laboratory, and any problems encountered during the cleanup or sample collection process; (b) A description of all actions taken under OAR 340-177-0055(3), as a narrative report or on a form provided by the Department; (c) A site map, drawn approximately to scale, showing the location of all buildings on the property and on adjacent properties, and location of the heating oil tank; (d) A sketch of the site that clearly shows all of the sample locations and depths and identifies each location with a unique sample identification code; (e) Copies of chain-of-custody forms for all soil and water samples collected, which forms include, but are not limited to: the date, time and location of the sample collection; a unique sample identification number; the name of the person collecting the sample; and any unusual or unexpected problems encountered during the sample collection which may have affected the sample integrity; (f) Copies of all laboratory data reports; (g) Copies of all receipts or permits related to the disposal of free product, contaminated soil, contaminated water, or decommissioned tanks and piping; (h) A summary of the concentrations measured in the final round of samples from each sampling location; (i) In cases where groundwater was present in the tank excavation zone, a summary of the data collected; (j) The type of cleanup option selected and implemented under OAR 340-177-0065(1); and (k) Any other relevant information that adds clarity to the specifics of the individual cleanup project, such as photographs taken during tank cleaning, removal, and sample collection activities. (7) All written reports and correspondence required to be submitted to the Department must include the following information: (a) Name of property owner and address of property; (b) Site identification or log number assigned to the property by the Department; (c) Name of the service provider working on the project, including license number and expiration date; and (d) Name and signature of the person preparing the report.