2017 ORS 466.903¹
Financial assistance program for fuel tanks holding aircraft or marine fuel
  • application
  • fees

(1) The Department of Environmental Quality shall conduct a financial assistance program as described in this section and ORS 466.905 (Eligibility for financial assistance), for the purpose of upgrading or replacing fuel tanks, conducting corrective action or installing stage I and II vapor collection system underground piping, hoses and nozzles at a fuel tank facility holding an accumulation of aircraft or marine fuel for resale.

(2) An applicant for financial assistance shall submit an application for financial assistance to bring the applicant’s fuel tank facility into compliance with any applicable technical and financial responsibility requirements.

(3) An applicant under subsection (2) of this section shall sign a consent agreement with the department to bring the applicant’s fuel tank facility into compliance with all applicable technical and financial responsibility requirements. In the consent agreement, the department may require the applicant to conduct daily inventory control and reconciliation, investigate a suspected release, report a confirmed release within 24 hours, determine whether an imminent hazard exists through adequate investigation and testing and conduct other reasonable fuel tank facility management activities that do not require capital investment.

(4) An applicant who the department determines is eligible for financial assistance shall not be subject to enforcement action under ORS 466.706 (Definitions for ORS 466.706 to 466.882 and 466.994) to 466.882 (Rules) and 466.994 (Civil penalties for violations of underground storage tank regulations) if the applicant is making a good faith effort to:

(a) Bring the applicant’s fuel tank facility into compliance with all technical and financial responsibility requirements on or before December 22, 1998; or

(b) Permanently close the fuel tank facility in accordance with applicable fuel tank requirements on or before December 22, 1998.

(5) In order to manage the funds available in the Fuel Tank Compliance and Corrective Action Fund, and to process the projected number of financial assistance applications, the department may establish a schedule for starting construction of the projects receiving financial assistance under this section and ORS 466.905 (Eligibility for financial assistance). If the department finds that it is necessary to adjust an applicant’s schedule, the department shall consult with the applicant in establishing the new schedule. The applicant’s financial assistance from the department shall not be adversely affected by a schedule change imposed by the department.

(6) Any port that does not submit an application for financial assistance shall comply with all applicable technical and financial responsibility requirements. Any port that receives financial assistance shall comply with all applicable technical and financial responsibility requirements within 60 days after completing the upgrade or replacement project.

(7) An applicant for financial assistance shall:

(a) Hold a valid underground storage tank permit for the facility for which the applicant is requesting the assistance;

(b) Pay all annual underground storage tank compliance fees, including any fees currently due;

(c) Take appropriate corrective action in accordance with rules of the Environmental Quality Commission in the event of an imminent hazard involving ground water contamination or a threat of fire and explosion from a spill or release of fuel; and

(d) If the applicant closes a fuel tank facility, conduct closure operations in accordance with requirements established by rule by the commission. [1997 c.788 §2]

Note: See note under 466.901 (Definitions for ORS 466.901 to 466.915).

Chapter 466

Law Review Cita­tions

29 WLR 297 (1993)

1 Legislative Counsel Committee, CHAPTER 466—Hazardous Waste and Hazardous Materials Ii, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors466.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 466, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano466.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.