Is Oil Tank Closure Required in Oregon?
Oregon requires you to empty an unused underground heating oil tank, but not to decommission it. Under ORS 466.878, the property owner must have the tank emptied of oil when it is replaced or the building converts to another heat source. A seller must also give the buyer documentation showing that any known abandoned heating oil tank has been emptied. Oregon DEQ's bulletin on tanks no longer in use states that once a tank is emptied of oil, actual decommissioning is voluntary. If the tank is emptied but not decommissioned, the vent line must be left in place. Oregon treats a tank that heats an occupied building, a house or a business, as a heating oil tank under DEQ's Heating Oil Tank Program, and those tanks are exempt from the rules for regulated USTs. DEQ does not regulate aboveground heating oil tanks.
A homeowner may decommission a heating oil tank personally, but DEQ says it is not legal to act as a general contractor and hire subcontractors for the work. A business doing heating oil tank work needs a DEQ service provider license under ORS 466.862, and the job needs a DEQ HOT Supervisor. DEQ's rules call for two soil samples: one from each end of the excavation if the tank is removed, or one from each end of the tank if it is filled in place. Any area that looks or smells contaminated is sampled too. Sampling is the owner's choice, but the bulletin warns that a tank closure without samples won't qualify for registration with DEQ. DEQ's HOT Program page lists a $104 filing fee for a clean decommissioning, and higher fees when cleanup is involved. In Portland, city code lets the owner of a commercial or a one- or two-family residential underground heating oil tank request a city permit and inspection that documents its decommissioning.
Regulated underground storage tanks, such as those at gas stations, follow OAR 340-150-0168, in Oregon DEQ's UST rules. The owner files a notice of intent to decommission at least 30 days before starting, then confirms the date and time at least three working days ahead. Unless the owner does the work itself under OAR 340-150-0156, after passing a national UST supervisor exam and notifying DEQ, the work must be supervised by a DEQ-licensed supervisor working for a licensed UST service provider. A single tank removal calls for two to four soil samples. Closure in place is allowed only after DEQ approves a written site assessment plan, with at least four samples. The decommissioning checklist and site assessment report are due within 30 days after the field work, and DEQ approves the tank closure by letter.
Oregon has no EPA-approved state fund for tank cleanup. EPA's list of State Financial Assurance Funds names Oregon among the states that rely on privately funded financial responsibility, such as insurance, to pay for UST cleanups. Oregon DEQ's Heating Oil Tank Program page lists fees paid to DEQ, for report filing and contractor licenses, not money paid to owners. A release found during the work has its own deadline: DEQ must be notified within 24 hours for a regulated UST and within 72 hours of discovery for a heating oil tank. DEQ publishes separate lists of licensed UST service providers and licensed HOT service providers. Before hiring any contractor on this page, confirm its license on the DEQ list that matches your tank.