About The Tanks Section

The Tanks Section (more commonly known as the Underground Storage Tank (UST) Program), developed in 1987, is a driving force behind restoring, enhancing and maintaining the quality of Oregon's air, water and land by the proper installation of new tank systems; the monitoring, maintenance and upgrade of existing tank systems; and the timely cleanup of petroleum contamination from UST releases.

Oregon's Tanks Section has four major components: Compliance and Prevention, Service Provider and Supervisor Licensing, Leaking Underground Storage Tank (LUST) Cleanup, and Heating Oil Tanks (HOT).

• Compliance and prevention requires the registration of USTs and specifies the technical requirements for new and existing UST systems. A regulated UST (requiring a permit) is any tank that has at least 10% of its volume underground and which is used to store petroleum or certain hazardous substances. Tanks not requiring permits include: farm and residential tanks holding 1,100 gallons or less of motor fuel used for noncommercial purposes; residential and commercial heating oil tanks; septic tanks; and tanks holding less than 110 gallons.
• Service provider and supervisor licensing requires both companies (service providers) and individuals (supervisors) to obtain a license before performing UST work.
• The UST cleanup program, commonly know as the Leaking UST or LUST Program, requires the reporting of petroleum releases, and the investigation and remediation of soil and groundwater contamination resulting from leaks and spills of petroleum products. The LUST Program offers various closure options including Risk Based, Generic Remedies, Low Impact Sites, and Soil Matrix.
• Heating Oil Tank (HOT) releases must also be reported to the DEQ. Cleanup and certification work is performed by licensed HOT service providers. HOT owners can have both cleanup and decommissioning certifications registered with the DEQ.

Working with the Tank Compliance Program

Many types of facilities with underground storage tanks are managed in the Tank Program including tanks owned by government agencies, hospitals, small businesses, large grocery stores and oil companies. The Tanks Program provides a framework in which the permittees, tank owners and property owners can obtain technical and regulatory advice on the installation, modification, operation or removal of USTs holding regulated substances (petroleum products and listed hazardous substances).

An initial requirement is for USTs to be registered with DEQ, including furnishing information on the facility location, ownership of the USTs and property, number of USTs, size, material of construction and environmental controls such as spill and overfill protection devices, corrosion control systems and leak detection devices. Facilities with active USTs are issued operating certificates which allow the depositing of fuel or product into the UST. Distributors are authorized to deliver only to facilities with valid operating certificates.

DEQ plans to inspect all operating facilities at least once every five years. In between inspections, DEQ relies on trained System Operators to keep facilities in compliance with environmental requirements. Permittees and tank owners are required to repair malfunctioning equipment promptly, report suspected and actual spills and releases and quickly clean up any spills and releases to minimize environmental contamination. Permittees and tank owners can get the necessary training from private vendors who present material consistent with a training manual published by DEQ. To ensure the financial ability of permittees and tank owners to deal with spills and releases, facilities are expected to comply with the financial responsibility requirements. This is most commonly done by purchasing an environmental liability insurance policy. Some large companies and local governments may be able to demonstrate their ability to self-insure.

Companies working on regulated UST systems or cleaning up soil contamination are required to be licensed by DEQ as Service Providers. Service Providers are expected to use licensed Supervisors to direct the tank or cleanup work. Supervisors demonstrate proficiency by taking a national exam that tests their knowledge of recommended industry practices and environmental requirements.

Working with the Tank Cleanup Program

Many types of cleanups are managed in the Tanks Program, from simple sites with a limited amount of contaminated soil to more complex sites with multiple contaminants impacting soil, groundwater, and surface water. The Tanks Program provides a framework in which the responsible party can obtain technical and regulatory advice and concurrence on their investigation and cleanup activities. Tank Program staff, in partnership with the responsible party, can assess whether the DEQ generic cleanup levels or site-specific target levels are appropriate for your cleanup. This can significantly streamline the process. DEQ is always available to help you understand the rules and provide technical assistance and project advice. Most importantly, DEQ provides the regulatory expertise, which helps ensure that the final cleanup complies with Oregon law and protects human health and the environment.

Due to the large numbers of sites with cleanup activities pending, the Tanks Program must prioritize sites based on their threat to human health and the environment. The DEQ appreciates that mid to lower environmental priority sites may be a high priority for the responsible party. When this is the case, the responsible party can request review of their site by signing a cost recovery agreement with the DEQ. The Tanks Program can also work with potential purchasers of contaminated property through Prospective Purchaser Agreements to provide for site cleanup while offering additional liability protection.

Enforcement of Environmental Requirements

Most permittees and tank owners voluntarily comply with the compliance and cleanup requirements. If violations are documented while following up on a complaint or discovered during an inspection, DEQ expects the facility to come into compliance in a timely manner. For administrative violations, DEQ may take informal action by sending a request letter identifying the deficiencies and outlining a timeframe for correcting the deficiencies. Under an expedited enforcement program, DEQ inspectors can issue field citations of $50 to $500 for minor violations, with a maximum facility penalty of $1,500 for multiple violations. If the number of violations documented were to exceed the maximum penalty of $1,500, or in the case of serious environmental harm, DEQ takes more formal enforcement action by assessing civil penalties of up to $10,000 per violation per day. Upon presenting documentation to local District Attorneys, criminal penalties of up to $10,000 per day per violation can also be assessed for significant UST violations.

Working with the Heating Oil Tank Program

Since March 2000, the Heating Oil Tank (HOT) Program has allowed for third party certification of HOT decommissionings and cleanups of contaminated soil and groundwater. HOT owners and contractors should proceed to our Heating Oil Tank Web Pages for information on the current HOT Program.

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