OAR 340-012-0072
Used Oil Management Classification of Violations

(1)

Class I:

(a)

Using used oil as a dust suppressant, pesticide, or otherwise spreading used oil directly in the environment;

(b)

Burning a used oil mixture where the used oil mixture has less than 5,000 Btu/pound;

(c)

Offering for sale used oil as specification used oil fuel when the used oil does not meet used oil fuel specifications;

(d)

Selling off-specification used oil fuel to a facility not meeting the definition of an industrial boiler or furnace;

(e)

Burning off-specification used oil in a device that does not meet the definition of an industrial boiler or furnace and is not otherwise exempt;

(f)

Failing to make an on-specification used oil fuel determination when required, by a used oil generator, transporter, burner or processor;

(g)

Storing or managing used oil in a surface impoundment;

(h)

Failing to determine whether used oil exceeds the permissible halogen content, by a used oil transporter, burner or processor;

(i)

Failing to perform required closure on a used oil tank or container, by a used oil processor or re-refiner;

(j)

Failing to maintain required secondary containment at a used oil transfer facility or by a processor, burner, or marketer of used oil; or

(k)

Failing to immediately clean up spills or releases or threatened spills or releases of used oil, by any person having ownership or control over the used oil.

(2)

Class II:

(a)

Failing to obtain a one-time written notification from a burner before shipping off-specification used oil fuel, by a used oil generator, transporter, processor or re-refiner;

(b)

Failing to develop, follow and maintain records of a written waste analysis plan, by a used oil processor;

(c)

Failing to close or cover a used oil tank or container;

(d)

Failing to timely submit annual used oil handling reports, by a used oil processor;

(e)

Failing to label each container or tank used for the accumulation or storage of used oil on site, unless otherwise classified;

(f)

Failing to keep a written operating record at the facility, by a used oil processor;

(g)

Failing to prepare and maintain an up-to-date preparedness and prevention plan, by a used oil processor; or

(h)

Transporting, processing, re-refining, burning or marketing used oil without first obtaining an EPA ID number.

(3)

Class III:

(a)

Failing to label one container or tank in which used oil was accumulated on site, if five or more tanks or containers are present;

(b)

Failing to label up to two containers used for the accumulation or storage of used oil on site; or

(c)

Failing to label a tank having less than 100 gallon capacity when used for the accumulation or storage of used oil on site.

Source: Rule 340-012-0072 — Used Oil Management Classification of Violations, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=340-012-0072.

340‑012‑0026
Policy 340‑012‑0028
Scope of Applicability 340‑012‑0030
Definitions 340‑012‑0038
Warning Letters, Pre-Enforcement Notices, and Notices of Permit Violation 340‑012‑0041
Formal Enforcement Actions 340‑012‑0045
Civil Penalty Determination Procedure 340‑012‑0053
Classification of Violations that Apply to all Programs 340‑012‑0054
Air Quality Classification of Violations 340‑012‑0055
Water Quality Classification of Violations 340‑012‑0060
Onsite Sewage Disposal Classification of Violations 340‑012‑0065
Solid Waste Management Classification of Violations 340‑012‑0066
Solid Waste Tire Management Classification of Violations 340‑012‑0067
Underground Storage Tank (UST) Classification of Violations 340‑012‑0068
Hazardous Waste Management and Disposal Classification of Violations 340‑012‑0071
Polychlorinated Biphenyl (PCB) Classification of Violations 340‑012‑0072
Used Oil Management Classification of Violations 340‑012‑0073
Environmental Cleanup Classification of Violations 340‑012‑0074
Underground Storage Tank (UST) Cleanup Classification of Violations 340‑012‑0079
Heating Oil Tank (HOT) Classification of Violations 340‑012‑0081
Oil and Hazardous Material Spill and Release Classification of Violations 340‑012‑0082
Contingency Planning Classification of Violations 340‑012‑0083
Ballast Water Management Classification of Violations 340‑012‑0097
Dry Cleaning Classification of Violations 340‑012‑0130
Determination of Violation Magnitude 340‑012‑0135
Selected Magnitude Categories 340‑012‑0140
Determination of Base Penalty 340‑012‑0145
Determination of Aggravating or Mitigating Factors 340‑012‑0150
Determination of Economic Benefit 340‑012‑0155
Additional or Alternate Civil Penalties 340‑012‑0160
DEQ Discretion Regarding Penalty Assessment 340‑012‑0162
Inability to Pay the Penalty 340‑012‑0165
Stipulated Penalties 340‑012‑0170
Compromise or Settlement of Civil Penalty by DEQ
Last Updated

Jun. 8, 2021

Rule 340-012-0072’s source at or​.us