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DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION 124
STANDARDS APPLICABLE TO DRY CLEANING
FACILITIES AND DRY STORES
340-124-0010
Purpose of Rules
(1) These rules establish the standards and procedures to be used to implement ORS 465.200 and 465.500 through 465.548.
(2) These rules establish:
(a) Definitions for terms used in the rules;
(b) Requirements for minimizing waste and releases from dry cleaning facilities;
(c) Conditions dry cleaning facilities must meet to be eligible for funding;
(d) Criteria used to determine the order in which remedial actions receive funding;
(e) Criteria used to reimburse dry cleaner owners and dry cleaner operator for preapproved remedial action costs; and
(f) The process by which inactive sites will be listed as required in accordance with Section 16 of 2001 Oregon Laws chapter 495.
Stat. Auth.: ORS 465.505(5), ORS 468.020
Stats. Implemented: ORS 465.200 and ORS 465.500 through 465.548
Hist.: DEQ 13-2002, f. & cert. ef. 10-9-02
340-124-0015
Applicability
These rules are applicable to:
(1) Persons operating a dry cleaning facility or dry store.
(2) Persons delivering perchloroethylene to a dry cleaning facility in Oregon.
(3) Persons who own real property underlying active and inactive dry cleaning facilities.
(4) Persons generating hazardous waste at a dry cleaning facility.
Stat. Auth.: ORS 465.505(5), ORS 468.020
Stats. Implemented: ORS 465.200 and ORS 465.500 through 465.548
Hist.: DEQ 13-2002, f. & cert. ef. 10-9-02
340-124-0020
Definitions
For the purposes of OAR 340-124-0010 to 340-124-0080, unless otherwise defined therein, the words and phrases used in these rules have the following meanings:
(1) "Account" means the Dry Cleaner Environmental Response Account created under ORS 465.510.
(2) "Claim" means a demand in writing for payment from the Account for cleanup at a dry cleaning facility.
(3) "Claimant" means the person who files a claim against the Account.
(4) "Closed direct-coupled delivery system" means the method and equipment necessary to deliver perchloroethyelene solvent to a dry cleaning facility that minimizes the opportunity for perchloroethyelene to be released. Closed direct-coupled delivery includes delivery of solvent to the dry-cleaning facility in containers that are pumped into the dry cleaning machine using closed, self-sealing couplings on both the machine and the delivery line for input of solvent into the dry cleaning machine and closed, self-sealing couplings on the vapor displacement outlet on both the machine and the vapor vent line that captures perchloroethyelene gas vapors and returns them to the delivery container.
(5) "Commission" means the Environmental Quality Commission.
(6) "Container" means a portable device in which material is stored, transported, treated, disposed of or otherwise handled.
(7) "Department" means the Department of Environmental Quality.
(8) "Director" means the Director of the Department of Environmental Quality.
(9) "Dry Cleaner Environmental Response Account" means the Account created under ORS 465.510.
(10) "Dry cleaning facility" means any active or inactive facility located in this state that is or was engaged in dry cleaning apparel and household fabrics for the general public, and dry stores, other than:
(a) A facility located on a United States military base;
(b) A uniform service or linen supply facility;
(c) A prison or other penal institution; or
(d) A facility engaged in dry cleaning operations only as a dry store and selling less than $50,000 per year of dry cleaning services.
(11) "Dry cleaning operator" means a person who has, or had, a business license to operate a dry cleaning facility or a business operation that a dry cleaning facility is a part of or any person that owns the dry cleaning business, leases the operation of the dry cleaning business from the owner, or makes any other kind of agreement or arrangement where by they operated the dry cleaning business.
(12) "Dry cleaning owner" means a person who owns or owned the real property underlying a dry cleaning facility.
(13) "Dry cleaning solvent" means any nonaqueous solvent for use in the cleaning of garments or other fabrics at a dry cleaning facility, including but not limited to perchloroethylene and petroleum based solvents and the products into which dry cleaning solvents degrade.
(14) "Dry cleaning wastewater" means water from the solvent/water separation process of the dry cleaning machine.
(15) "Dry store" means a facility that does not include machinery using dry cleaning solvents. A dry store includes but is not limited to a pickup store, drop off store, call station, agency for dry cleaning, press shop, route service, pickup and delivery service that is operated by an independent contractor.
(16) "Dry store operator" means the person who controls the operation of a dry store.
(17) "Enrolled inactive dry cleaning facility" means property formerly used, but not currently used, for providing dry cleaning services, and that is on the Department's list of inactive dry cleaning facilities established in accordance with Section 16 of 2001 Oregon Laws chapter 495 and OAR 340-124-0080.
(18) "Environment" includes the waters of the state, any drinking water supply, any land surface and subsurface strata and ambient air.
(19) "Facility" means any building, structure, installation, equipment, pipe or pipeline including any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, above ground tank, underground storage tank, motor vehicle, rolling stock, aircraft, or any site or area where a hazardous substance has been deposited, stored, disposed of, or placed, or otherwise come to be located and where a release has occurred or where there is a threat of a release, but does not include any consumer product in consumer use or any vessel.
(20) "Free phase dry cleaning solvent" means solvent that has separated from water in the solvent/water separation process of the dry cleaning machine and consists primarily of pure solvent.
(21) "Hazardous waste" means a hazardous waste as defined in 40 CFR 261.3 (2002).
(22) "Hazardous waste determination" means the process in OAR 340-102-0011 (2002).
(23) "Inactive dry cleaning facility" means property formerly used, but not currently used, for providing dry cleaning services.
(24) "Non-enrolled inactive dry cleaning facility" means property formerly used, but not currently used, for providing dry cleaning services, that is not on the Department's list of inactive dry cleaning facilities established in accordance with Section 16 of 2001 Oregon Laws chapter 495 and OAR 340-124-0080.
(25) "Person" means an individual, trust, firm, joint stock company, joint venture, consortium, commercial entity, partnership, association, corporation, commission, state and any agency thereof, political subdivision of the state, interstate body or the federal government including any agency thereof.
(26) "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment including the abandonment or discarding of barrels, containers and other closed receptacles containing any hazardous substance, or threat thereof, but excludes:
(a) Any release that results in exposure to a person solely within a workplace, with respect to a claim that the person may assert against the person's employer under ORS chapter 656;
(b) Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel or pipeline pumping station engine;
(c) Any release of source, by-product or special nuclear material from a nuclear incident, as those terms are defined in the Atomic Energy Act of 1954, as amended, if the release is subject to requirements with respect to financial protection established by the Nuclear Regulatory Commission under section 170 of the Atomic Energy Act of 1954, as amended, or, for the purposes of ORS 465.260 or any other removal or remedial action, any release of source by-product or special nuclear material from any processing site designated under section 102(a)(1) or 302(a) of the Uranium Mill Tailings Radiation Control Act of 1978; and
(d) The normal application of fertilizer.
(27) "Remedial action" means those actions consistent with a permanent remedial action taken instead of or in addition to removal actions in the event of a release or threatened release of a hazardous substance into the environment, to prevent or minimize the release of a hazardous substance so that it does not migrate to cause substantial danger to present or future public health, safety, welfare or the environment. "Remedial action" includes, but is not limited to:
(a) Such actions at the location of the release as storage, confinement, perimeter protection using dikes, trenches or ditches, clay cover, neutralization, cleanup of released hazardous substances and associated contaminated materials, recycling or reuse, diversion, destruction, segregation of reactive wastes, dredging or excavations, repair or replacement of leaking containers, collection of leachate and runoff, on-site treatment or incineration, provision of alternative drinking and household water supplies, and any monitoring reasonably required to assure that the actions protect the public health, safety, welfare and the environment.
(b) Offsite transport and offsite storage, treatment, destruction or secure disposition of hazardous substances and associated, contaminated materials.
(c) Such actions as may be necessary to monitor, assess, evaluate or investigate a release or threat of release.
(28) "Remedial action costs" means reasonable costs which are attributable to or associated with a removal or remedial action at a facility, including but not limited to the costs of administration, investigation, legal or enforcement activities, contracts and health studies.
(29) "Removal" means the cleanup or removal of a released hazardous substance from the environment, such actions as may be necessary taken in the event of the threat of release of a hazardous substance into the environment, such actions as may be necessary to monitor, assess and evaluate the release or threat of release of a hazardous substance, the disposal of removed material, or the taking of such other actions as may be necessary to prevent, minimize or mitigate damage to the public health, safety, welfare or to the environment, that may otherwise result from a release or threat of release. "Removal" also includes but is not limited to security fencing or other measures to limit access, provision of alternative drinking and household water supplies, temporary evacuation and housing of threatened individuals and action taken under ORS 465.260.
(30) "Wastewater treatment unit" means a device that meets the definition in 40 CFR 260.10 (2002).
Note: Because dry cleaning wastewater can be a federal hazardous waste, all onsite treatment of this waste shall occur in a device that meets the federal definition of wastewater treatment unit.
Stat. Auth.: ORS 465.505(5), ORS 468.020
Stats. Implemented: ORS 465.200 and ORS 465.500 through 465.548
Hist.: DEQ 13-2002, f. & cert. ef. 10-9-02
340-124-0040
Waste Minimization Requirements
In addition to the otherwise applicable hazardous waste management requirements of OAR 340-100-0001 and 0002 that apply to hazardous waste generators and facilities, the following waste minimization requirements implement ORS 465.505. The following apply to dry cleaning facilities and dry stores:
(1) Hazardous waste:
(a) Persons generating hazardous waste at a dry cleaning facility in amounts of 220 pounds a month or less or who never store onsite more than 2,200 pounds of hazardous waste shall manage hazardous waste as follows:
(A) All waste meeting the state and federal criteria for hazardous waste identified in OAR 340-102-0011, excluding wastewater, generated at a dry cleaning facility and containing dry cleaning solvents, shall be managed and disposed of regardless of quantity generated as a hazardous waste at a permitted hazardous waste treatment, storage, disposal or recycling facility or at some other waste disposal facility approved by the Department;
(B) Store all hazardous wastes, including dry cleaning wastewater, in closed containers labeled with the words "hazardous waste" and the date waste was first placed in the container;
(C) Ship hazardous waste offsite within one year of placing waste in the hazardous waste container, and
(D) May submit a written request for an extension of one additional year to store hazardous waste onsite prior to shipping it offsite if the dry cleaning facility is in a remote location in Oregon, or if the dry cleaning facility does not generate hazardous waste in economically feasible quantities to ship within one year of the date the waste was placed in the container;
(E) Retain onsite hazardous waste shipping records for three years; and
(F) Post the Oregon Emergency Response System notification information.
(b) Persons accumulating hazardous waste at a dry cleaning facility in amounts greater than 2200 pounds at any time shall consult OAR 340-100-0001 and 0002 for the applicable hazardous waste regulations that apply.
(c) Persons generating hazardous waste at dry cleaning facilities in amounts greater than 220 pounds but less than 2,200 pounds in a month shall consult OAR 340-100-0001 and 0002 for the applicable hazardous waste regulations that apply.
(d) Persons generating hazardous waste at dry cleaning facilities in amounts of 2200 pounds or more in a month shall consult OAR 340-100-0001and 0002 for the applicable hazardous waste regulations that apply.
(e) Any dry cleaning operator making the claim they do not generate a hazardous waste shall maintain documentation of their hazardous waste determination as required by OAR 340-102-0011 and provide such documentation to the Department on request.
(f) No person shall dispose of or place dry cleaning solvent, filters, lint from dry cleaning machine cleanout, button trap cleanout, prefilter cleanout, spent diatomaceous earth, sludge, dry cleaning wastewater, still bottoms or other waste material containing hazardous waste dry cleaning solvent in a dumpster or trash receptacle, on the ground or in any location other than in an appropriately labeled hazardous waste storage container for these wastes.
(g) No person shall dispose of or place dry cleaning solvent, filters, lint from dry cleaning machine cleanout, button trap cleanout, prefilter cleanout, spent diatomaceous earth, sludge, dry cleaning wastewater, still bottoms or other waste material containing hazardous waste dry cleaning solvent in a sanitary sewer, drain, storm sewer, septic tank or any other underground structure which may result in a release to the waters of the state.
(h) Each dry cleaning operator or dry cleaning owner of a dry cleaning facility which ceases operation as a dry cleaning facility for 45 continuous days shall remove dry cleaning solvent, including dry cleaning solvent remaining in the dry cleaning machine and waste materials containing dry cleaning solvent from the dry cleaning facility, within 45 days after the last day of operation. A dry cleaning operator or dry cleaning owner shall remove dry cleaning solvent and solvent-containing residue from a dry cleaning machine in accordance with 40 CFR 261.4(c) prior to the dry cleaning machine being disposed, recycled or reused.
(i) Any dry cleaning operator or dry cleaning owner may request from the Department a written extension of the 45-day time limit in subsection (h) above, subject to Department approval.
(2) Dry cleaning wastewater shall be managed as follows:
(a) Dry cleaning wastewater shall not be discharged into any sanitary sewer, storm sewer, septic system, boiler, or into the waters of the state.
(b) Dry cleaning facilities generating dry cleaning wastewater containing hazardous waste, in amounts of 220 pounds a month or less or never store onsite more than 2,200 pounds of hazardous waste, shall manage the hazardous dry cleaning wastewater as follows:
(A) Collect the wastewater in a closed container, labeled with the words "hazardous waste" and the date waste was first placed in the container, count the wastewater toward the dry cleaning facility's monthly hazardous waste generator category and send the wastewater offsite to a permitted hazardous waste treatment, disposal or recycling facility;
(B) Collect the wastewater in a closed container, labeled with the words "hazardous waste" and the date waste was first placed in the container, count the wastewater toward the dry cleaning facility's monthly hazardous waste generator category unless the wastewater is managed immediately upon generation in a wastewater treatment unit and treated in a wastewater treatment unit; or
(C) Directly pipe the wastewater to a wastewater treatment unit and treat onsite.
(c) Dry cleaning operators treating wastewater containing hazardous waste at a dry cleaning facility in a wastewater treatment unit shall meet the following conditions:
(A) The wastewater treatment unit meets the definition in 40 CFR 260.10, and shall have the following components:
(i) A second solvent water separator settling chamber to recover free-phase dry cleaning solvent from the wastewater that exits the dry cleaning machine's water separator;
(ii) An initial filter with filter media capable of removing dry cleaning solvent dissolved in the dry cleaning wastewater that exits the second solvent water separator;
(iii) A monitor-alarm that automatically shuts down the wastewater treatment unit when the initial filter becomes saturated with solvent; and
(iv) A second filter with filter media capable of removing dry cleaning solvent dissolved in the dry cleaning wastewater after it passes through the initial filter and past the monitor-alarm.
(B) All treated wastewater is evaporated, misted, atomized or released such that no visible liquid deposition or accumulation is present, and the discharge does not create a nuisance according to OAR 340-208-0300;
(C) All spent filters from the wastewater treatment unit are managed as hazardous waste;
(D) An operational and maintenance manual is kept onsite at all times; and
(E) If the monitor-alarm shuts down the wastewater treatment unit, the dry cleaning operator shall, before continuing to use the wastewater treatment unit:
(i) Replace the initial and second filter with new filters; or
(ii) Replace the initial filter with the used second filter and install a new second filter.
(d) A dry cleaning operator may treat dry cleaning wastewater in equipment other than described in OAR 340-124-0040(2)(c) provided the following conditions are met:
(A) The equipment meets the definition of wastewater treatment unit in 40 CFR 260.10;
(B) The wastewater treatment unit is designed to remove free phase dry cleaning solvent;
(C) The treated wastewater discharged from the wastewater treatment unit does not meet or exceed the hazardous waste levels in 40 CFR 261.20 to 261.24;
(D) The unit ceases operation if the levels under (C) are exceeded;
(Note: The toxic characteristic hazardous waste regulatory level for perchloroethylene is 0.7 parts per million and for benzene is 0.5 parts per million analyzed by the Toxic Characteristic Leaching Procedure (TCLP). If other hazardous waste constituents are present they must similarly be compared to the hazardous waste levels in 40 CFR 261.20 and 261.24).
(E) Documentation that under normal use, concentrations do not exceed the hazardous waste level in 40 CFR 261.20 to 261.24;
(F) All spent filters from the wastewater treatment unit are managed as hazardous waste;
(G) An operational manual and maintenance manual is kept onsite at all times; and
(H) All treated wastewater is evaporated, misted, atomized or released such that that no visible liquid deposition or accumulation is present and the discharge does not create a nuisance according to OAR 340-208-0300.
(e) Dry cleaning wastewater containing hazardous waste may be treated in a wastewater treatment unit other than that described in OAR 340-124-0040(2)(c) provided the treatment process utilizes a technology that is capable of providing equivalent or better levels of solvent removal than the limits defined in 340-124-0040(2)(d) of this rule. Any person proposing to use an alternate wastewater treatment unit shall demonstrate that the alternative unit provides treatment at equivalent or better levels of solvent removal under operational conditions than the limits defined in 340-124-0040(2)(d) of this rule. All requests for an alternative wastewater treatment unit will be submitted to the Department in writing.
(3) Containment systems: All dry cleaning operators shall comply with the following requirements to be in compliance with ORS 465.505:
(a) A secondary containment system under and around the dry cleaning machine must be constructed of rigid metal material impermeable to the solvent in use. Dry cleaning machine containment systems must be installed in such a way as not to compromise the integrity of the containment. A secondary containment system under and around the dry cleaning machine shall be capable of containing at least 110% of the capacity of the largest tank in the dry cleaning machine for 72 hours. The containment system for a dry cleaning machine shall extend to the outside perimeter of the dry cleaning machine to provide protection from leaks and drips from seals;
(b) All sealant and caulk used on each secondary containment system shall be impermeable and impervious to the dry cleaning solvent and dry cleaning waste in use, inspected for leaks, and maintained in a non-leaking condition;
(c) A secondary containment system under and around dry cleaning solvent stored at a dry cleaning facility shall be constructed of rigid material impermeable to the solvent in use and capable of containing 110 percent of the capacity of solvent being stored;
(d) Outdoor storage areas shall be secured and covered to protect from accumulation of rainfall and unauthorized entry;
(e) A secondary containment system under and around the wastewater treatment unit shall be constructed of rigid material impermeable to the solvent in use and capable of containing 110 percent of the capacity of each wastewater treatment unit;
(f) A secondary containment system under and around a hazardous waste storage container/s shall be constructed of rigid material impermeable to the solvent in use and capable of containing 110 percent of the volume of the liquid contained in each hazardous waste storage container. Outdoor storage areas shall be secured and covered to protect from accumulation of rainfall and unauthorized entry;
(g) All other items of equipment in which dry cleaning solvent is used, treated or stored shall have secondary containment constructed of rigid material impermeable to the solvent in use and capable of containing 110 percent of the volume of the liquid contained in each piece of equipment; and
(h) Any dry cleaning operator many petition the Department to use another material for secondary containment for the dry cleaning machine, provided they can demonstrate to the Department that the material is impermeable to the dry cleaning solvent in use.
(4) Annual reporting for dry cleaning facilities and dry stores:
(a) All dry cleaning operators and/or owners of a dry cleaning business shall report annually to the Department on forms supplied by the Department regarding compliance with the waste minimization requirements set forth in this rule; and
(b) All dry store operators shall report to the Department annually on forms supplied by the Department.
(5) Spill reporting:
(a) All dry cleaning operators shall prominently post the Oregon Emergency Response System telephone number 1-800-452-0311, so the number is immediately available to employees of the dry cleaning facility in case on an emergency;
(b) All spill reporting shall be made to the Oregon Emergency Response System, OERS;
(c) All dry cleaning operators shall report the release of more than 1 pound of dry cleaning solvent in a 24-hour period released outside of a containment system;
(d) All dry cleaning operators shall take emergency action as required by OAR 340 division 142 "Oil and Hazardous Materials Emergency Response Requirements" for releases of more than 1 pound of dry cleaning solvent in a 24-hour period released outside of a containment system; and
(e) Dry cleaning operators are not required to report releases of dry cleaning solvent, provided the release is contained within an existing containment system, is cleaned up immediately, and repairs are made immediately to the cause of the release.
(6) Closed direct-coupled delivery of perchloroethylene:
(a) All perchloroethylene dry cleaning machines shall be fitted with closed, self-sealing couplings for input of solvent into the dry cleaning machine and closed, self-sealing couplings on the vapor displacement outlet that captures perchloroethylene gas vapors and returns the vapor to the delivery container; and
(b) All suppliers of perchloroethylene to dry cleaning facilities shall deliver solvent to the dry cleaning facility in containers that are fitted with closed, self-sealing couplings on the delivery line for input of solvent into the dry cleaning machine and closed self-sealing couplings on the vapor displacement vent line that captures perchloroethyelene gas vapors and returns the vapor to the delivery container, or the supplier of perchloroethylene solvent may use an alternative delivery system to that required in (6)(b), subject to the condition that the system provides the same or better protection from releases and is approved by the Department. All requests for alternative systems shall be submitted in writing, including system schematic to the Department for approval.
Stat. Auth.: ORS 465.505(1)(c) and 465.505(5), ORS 468.020
Stats. Implemented: ORS 465.505:
Hist.: DEQ 13-2002, f. & cert. ef. 10-9-02
340-124-0050
Notification of Change at A Dry Cleaning Business or Dry Store
The dry cleaning operator and/or dry store operator shall notify the Department on forms provided by the Department within 60 days of the applicable activities listed below:
(1) Closure of a dry cleaning business;
(2) Closure of a dry store;
(3) Change of dry cleaning owner;
(4) Change of dry cleaning operator;
(5) Change of dry store operator;
(6) Sale of a dry cleaning business;
(7) Opening a new dry cleaning business; and
(8) Opening a new dry store.
Stat. Auth.: ORS 465.505(5), ORS 468.020
Stats. Implemented: ORS 465.505 :
Hist.: DEQ 13-2002, f. & cert. ef. 10-9-02
340-124-0055
Requirements for Dry Stores
Any dry cleaning machinery at a dry store location shall have dry cleaning solvent and solvent-containing residue removed from the dry cleaning machinery in accordance with 40 CFR 261.4(c) and the dry cleaning machine shall not be connected to any utilities.
Stat. Auth.: ORS 465.505(5), ORS 468.020
Stats. Implemented: ORS 465.505
Hist.: DEQ 13-2002, f. & cert. ef. 10-9-02
340-124-0060
Funding from Dry Cleaner Environmental Response Account at Dry Cleaning Facilities
(1) For a contaminated dry cleaning facility to receive funding for remedial actions, conditions A through C must be met.
(a) The person performing the remedial action shall submit a claim on a form to be provided by the Department:
(A) If the claimant is not the real property owner, the claim shall provide proof that the real property owner has been notified of the claim;
(B) If the property is leased, and the claimant is not the lessee, the claimant shall provide proof that the lessee has been notified of the claim;
(C) The claim must contain the information requested by the Department, as well as all other known information concerning environmental contamination at the contaminated dry cleaning site.
(b) The Department will review the completed claim and make a funding determination considering the criteria set forth in OAR 340-124-0065 and 0070.
(c) The Department shall send a written notice of the funding determination to the claimant as soon as a determination is made. If the site is determined ineligible for funding, the notice of the determination shall state the reason or reasons for ineligibility.
(d) The claimant shall be responsible for the deductible required under ORS 465.510(a) and (b). Adequate employee payroll records that document and support the number of employees employed in the dry cleaning business at the time of the release shall be provided to the Department. If the time of release is not known, the deductible will be calculated using the current number of employees. If adequate employee records are not available, the deductible shall be $10,000.
(2) If an active dry cleaner becomes out of compliance with the requirements in ORS 465.505 (waste minimization), excluding subsection (3)(reporting), during the period of time the Department is assessing or remediating a site, the dry cleaner will be responsible for costs incurred by the Department at the site during the period of time the claimant was out of compliance. Costs incurred while the claimant was in compliance will be paid for from the Account.
(3) Inactive dry cleaning facilities must be enrolled on a list as established in OAR 340-124-0080 to be eligible for funding from the Account.
(4) If a claimant withdraws as a claimant, the Department may stop payment from the Account for remediation costs incurred at the dry cleaning facility.
Stat. Auth.: ORS 465.505(5), ORS 468.020
Stats. Implemented: ORS 465.510
Hist.: DEQ 13-2002, f. & cert. ef. 10-9-02
340-124-0065
Priority Ranking System
The Department shall determine the order in which to use funds from the Account using standardized site assessment prioritization criteria. The criteria shall include but not be limited to:
(1) Risk to the environment based on the following:
(a) Solvent and waste containment;
(b) Depth to which soil is contaminated with dry cleaning solvent;
(c) Depth to groundwater;
(d) Distance to known groundwater wells;
(e) Soil type;
(f) Distance to surface water;
(g) Quantity of soil or groundwater contaminated with dry cleaning solvent;
(h) Current and reasonably likely future use of groundwater and land affected by contamination;
(i) Toxicity of dry cleaning solvent;
(j) Water solubility of dry cleaning solvent;
(k) Land use and sensitive populations near hazardous substance;
(l) Vulnerable areas near hazardous substance; and
(m) Likelihood for direct exposure to hazardous substance.
(2) Each facility's risk relative to the risk posed by other facilities.
(3) The need for removal or remedial action at the dry cleaning facility relative to Account availability.
(4) The nature of the activities for which expenditures are necessary, in the following order of preference:
(a) Direct cost of cleanup, provided that adequate technical investigation has been completed;
(b) Direct cost of technical investigation and remedy evaluation;
(c) Administrative and indirect costs; and
(d) Enforcement, cost recovery and legal actions.
(5) The Department may also consider the following:
(a) The release was caused by gross negligence of the dry cleaning business owner, dry cleaning property owner or dry cleaning operator;
(b) The release resulted from an action or omission that was a violation by the dry cleaning business owner, dry cleaning property owner or dry cleaning operator of federal or state laws in effect at the time of the release, including but not limited to waste minimization requirements imposed under OAR 340-124;
(c) The dry cleaning business owner, dry cleaning property owner or dry cleaning operator willfully concealed a release of dry cleaning solvent contrary to laws and regulations in effect at the time of the release or did not comply with release reporting requirements applicable at the time of the release;
(d) The dry cleaning business owner, dry cleaning property owner or dry cleaning operator denies access or unreasonably hinders or delays removal or remedial action necessary at the facility; or
(e) The dry cleaning operator of the facility where the release occurred has failed to pay fees under ORS 465.517 to 465.523 in relation to dry cleaning activity at any dry cleaning facility.
Note: The above provisions are contained in ORS 465.503(3).
(6) In instances when redevelopment or other activity at a contaminated dry cleaner site creates an opportunity to reduce the cost of remedial action, the Department may include the cost savings into the prioritization.
(7) For low priority sites the site assessment prioritization scores will be increased each year the site is on the program waiting list.
Stat. Auth.: ORS 465.505(5), ORS 468.020
Stats. Implemented: ORS 465.510(3)
Hist.: DEQ 13-2002, f. & cert. ef. 10-9-02
340-124-0070
Remedial Actions Prior to Funding from Account
(1) A person performing remedial action at a dry cleaning facility may apply to the Department to be reimbursed by the Account for remedial action costs incurred. The Department may use funds from the Account to reimburse the claimant for remedial action costs at the facility under the following circumstances:
(a) Reimbursement from the Account shall be made in accordance with a written agreement or order between the claimant and the Department expressly authorizing reimbursement from the Account. The agreement or order must be entered into before the claimant conducts any remedial action for which reimbursement will be sought;
(b) Actions of the claimant expedite remedial action at the site;
(c) Remedial actions are conducted under Departmental oversight pursuant to the agreement or order;
(d) Costs are preapproved and determined by the Department to be reasonable and necessary;
(e) Funds from the Account will not be used for costs incurred during remedial action due to negligence or incompetence of claimant or claimant's agent; and
(f) A claim filed against the Account may be paid only from monies in the Account and only in accordance with the provisions of these rules. Any obligation to pay or reimburse claims against the Account shall be expressly contingent upon availability of monies in the Account. Neither the State nor any of its agencies shall have any obligation to pay or reimburse any costs for which monies are not available in the Account.
(2) If a claimant undertakes actions that are preapproved and reimbursable pursuant to a DEQ order or agreement before Account money is available for reimbursement, funds shall be obligated for and reimbursed to the claimant for eligible expenses, as funds become available pursuant to the priority ranking system in section OAR 340-124-065.
(3) Claimants shall meet all requirements for fund eligibility applicable at the time the activities are performed in order to receive reimbursement.
(4) Only work plans and cost proposals approved in writing by Department staff prior to remedial action being conducted are eligible for reimbursement.
(5) The Account shall provide reimbursement for the reasonable cost of Department-preapproved, investigation and remedial action. All costs consistent with cost proposals approved by the Department shall be considered reasonable costs.
(6) Claims for reimbursement of costs shall be submitted in a format established by the Department and shall, at a minimum, include an itemization of all charges according to labor hours and rates, analytical charges, equipment charges, and other categories which may be identified by the Department, or which the claimant may wish to provide.
(7) A claim for payment shall be received within one year from the date of performance of the work, which is the subject of the claim.
(8) Payments from the Account will be made directly to the claimant. The claimant is responsible for final payments to the contractor(s) performing the work.
Stat. Auth.: ORS 465.505(5), ORS 468.020
Stats. Implemented: ORS 465.510
Hist.: DEQ 13-2002, f. & cert. ef. 10-9-02
340-124-0080
Enrolled Inactive Site List
(1) The opportunity to be listed is limited to inactive dry cleaning facilities eligible to receive funding from the Account as of December 31, 2001.
(2) To be eligible to receive funding from the Dry Cleaner Environmental Response Account, the current or former owner or former operator of an inactive dry cleaning facility or its representative must submit a completed Listing Application Form as provided by the Department.
(a) For facilities that became inactive before December 31, 2001, an application for listing must be submitted on or before January 1, 2003.
(b) For facilities that become inactive after January 1, 2002, an application for listing must be submitted within 180 days of becoming an inactive dry cleaning facility.
(3) The Listing Application Form shall include the following information:
(a) Dry cleaning facility name, address, contact person, telephone number and date facility began dry cleaning operations,
(b) Dry cleaner operator information, including name, mailing address, contact person, phone number;
(c) Information pertaining to the owner of the underlying real property, including owner name, mailing address, contact person, phone number;
(d) Evidence that the dry cleaner operator operated the inactive facility listed on the application (e.g. local business license, receipts from dry cleaning supplies, tax returns, contracts, insurance policies); and
(e) Any other information the Department may request.
(4) An application is not complete and the Department shall reject any application in any of the following circumstances:
(a) Applicant fails to provide information required by subsection 3 of this section;
(b) Applicant falsified any information in its application that was material to the determination of the eligibility of the facility, priority ranking, nature, scope and extent of contamination to be assessed or remediated, or the appropriate means to contain and remediate the contaminants.
(c) The $250 application fee is not paid.
(5) Fees established in Section 16 of 2002 Oregon Laws chapter 495 shall be paid to maintain funding eligibility on an enrolled inactive facility until DEQ has issued a determination that no further action is necessary to remediate the site. The applicant may extend funding eligibility on an enrolled inactive dry cleaning facility after the no further action determination by continuing to pay the applicable annual fee.
Stat. Auth.: ORS 465.505(5), ORS 468.020
Stats. Implemented: Section 16, chapter 495, Oregon Laws 2001
Hist.: DEQ 13-2002, f. & cert. ef. 10-9-02
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