Heating Oil Tanks Program

Cleanup Agreement

Background

On March 15, 2000, the DEQ Heating Oil Tank Program began licensing companies to certify that heating oil tank decommissionings and cleanups were protective of human health and the environment. Between March 15, 2000 and Dec. 31, 2011, DEQ received 23,516 notifications of leaking HOTs and 21,838 have been certified as cleanups completed. One reason why some HOT projects are not certified is because the cleanup is more complex.

Examples of these complex sites include but are not limited to the following:

• Where significant releases to soil cannot be removed to Oregon cleanup criteria due to large volumes;
• Where buildings or other subsurface features make removal of soil contamination infeasible;
• Where contamination may affect current or future beneficial uses of groundwater or surface water;
• Where engineering controls are needed to achieve protective conditions at the site. An example of an engineering control would be a vapor barrier or depressurization system designed to eliminate the ability of sub-surface vapors to enter a structure;
• Where on-going monitoring will be needed to confirm engineering controls are performing properly or beneficial groundwater uses are not affected; and/or
• Where filing of an institutional control, or deed restriction, to restrict a specific use of the site will be necessary.

The current certification fee ($200) allows DEQ to provide limited direction and technical assistance to homeowners and service providers. These complex sites generally require more coordination between DEQ and the service providers. To meet this need, DEQ developed a HOT Cleanup Agreement that allows DEQ to be adequately involved in complex sites.

How do I enter into a HOT cleanup agreement?

HOT Program staff will work with your licensed HOT service provider to determine if issues associated with your site warrant HOT Program Cleanup Agreement enrollment. If so, DEQ will mail the HOT Program Cleanup Agreement packet to you for your review and completion.

Enrollment in the HOT Program’s Cleanup Agreement requires an initial deposit of $500. Once you sign the agreement and submit the deposit to DEQ, an account will be established for your site.

If project costs exceed the account balance, DEQ will submit to you an invoice for all costs in excess of the advance up to a ceiling of $1,000. Note: The $1,000 ceiling applies to residential properties only, and not commercial or industrial sites.

Is the certification registration fee required?

Yes a certification registration fee of $200 must be submitted when filing the certification for HOT Program review. If a Cleanup Agreement is in place, the certification registration fee is included with the $500 deposit.

Do service providers still need to certify work?

Yes, licensed HOT service providers must still certify that the work performed meets the requirements of Oregon law (Oregon Administrative Rules 340-122-0205 through 340-122-0360 Chapter 340, Division 177).

Will a closure letter or no further action letter be issued?

Depending on site conditions, a conditional no further action letter may be issued for the site. A site that may warrant issuance of a no further action letter in lieu of a closure letter would involve the presence of an engineering control that would require operation and maintenance.

Am I required to sign up?

No, but you are required to satisfactorily complete the cleanup. At complex sites, your service provider may recommend that you hire an environmental consulting firm (i.e. registered geologist or professional engineer) to design a protective cleanup and allow the contractor to certify the project. DEQ recommends that you sign up because we think that the HOT Cleanup Agreement will allow DEQ to work more closely with your service provider and ultimately provide a more cost-effective certification.

For more information

• Tim Brown, Project Manager
  503-229-6170
  

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