TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND
UNDERGROUND STORAGE TANK PROGRAMS
PART 731
UNDERGROUND STORAGE TANKS
SUBPART A: PROGRAM SCOPE AND INTERIM PROHIBITION
Section
731.101
Definitions and exemptions (Repealed)
731.102
Interim prohibitions (Repealed)
731.103
Notification Requirements (Repealed)
731.110 Applicability
731.111
Interim Prohibition for Deferred Systems (Repealed)
731.112 Definitions
731.113
Incorporations by Reference
731.114
Implementing Agency (Repealed)
SUBPART B: UST SYSTEMS: DESIGN, CONSTRUCTION, INSTALLATION
AND NOTIFICATION
Section
731.120
Performance Standards for New Systems (Repealed)
731.121
Upgrading of Existing Systems (Repealed)
731.122 Notification Requirements
SUBPART C: GENERAL OPERATING REQUIREMENTS
Section
731.130
Spill and Overfill Control (Repealed)
731.131
Operation and Maintenance of Corrosion Protection
731.132 Compatibility (Repealed)
731.133
Repairs Allowed (Repealed)
731.134
Reporting and Recordkeeping (Repealed)
SUBPART D: RELEASE DETECTION
Section
731.140
General Requirements for all Systems (Repealed)
731.141
Petroleum Systems (Repealed)
731.142
Hazardous Substance Systems (Repealed)
731.143 Tanks (Repealed)
731.144 Piping (Repealed)
731.145 Recordkeeping (Repealed)
SUBPART E: RELEASE REPORTING, INVESTIGATION AND
CONFIRMATION
Section
731.150
Reporting of Suspected Releases (Repealed)
731.151
Investigation due to Off-site Impacts (Repealed)
731.152
Release Investigation and Confirmation (Repealed)
731.153
Reporting and Cleanup of Spills and Overfills (Repealed)
SUBPART F: RELEASE RESPONSE AND CORRECTIVE ACTION
Section
731.160 General
731.161 Initial Response
731.162
Initial Abatement Measures and Site Check
731.163
Initial Site Characterization
731.164
Free Product Removal
731.165
Investigations for Soil and Groundwater Cleanup
731.166
Corrective Action Plan
731.167 Public Participation
SUBPART G: OUT-OF-SERVICE SYSTEMS AND CLOSURE
Section
731.170
Temporary Closure (Repealed)
731.171
Permanent Closure and Changes-in-Service (Repealed)
731.172
Assessing Site at Closure or Change-in-Service (Repealed)
731.173
Previously Closed Systems (Repealed)
731.174
Closure Records (Repealed)
SUBPART H: FINANCIAL RESPONSIBILITY
Section
731.190 Applicability (Repealed)
731.191
Compliance Dates (Repealed)
731.192 Definitions (Repealed)
731.193
Amount and Scope of Required Financial Responsibility (Repealed)
731.194
Allowable Mechanisms and Combinations (Repealed)
731.195
Financial Test of Self-insurance (Repealed)
731.196 Guarantee (Repealed)
731.197
Insurance or Risk Retention Group Coverage (Repealed)
731.198
Surety Bond (Repealed)
731.199
Letter of Credit (Repealed)
731.200
UST State Fund (Repealed)
731.202
Trust Fund (Repealed)
731.203
Standby Trust Fund (Repealed)
731.204
Substitution of Mechanisms (Repealed)
731.205
Cancellation or Nonrenewal by Provider (Repealed)
731.206 Reporting (Repealed)
731.207 Recordkeeping (Repealed)
731.208
Drawing on Financial Assurance (Repealed)
731.209
Release from Financial Assurance Requirement (Repealed)
731.210
Bankruptcy or other Incapacity (Repealed)
731.211 Replenishment (Repealed)
731.900
Incorporation by reference (Repealed)
731.901
Compliance Date (Repealed)
Appendix A
Notification Form
Appendix C
Statement for Shipping Tickets and Invoices
AUTHORITY: Implementing and authorized by Ill. Rev. Stat. 1989, ch. 111 1/2, pars.
1022.4, 1022.13 and 1027 (Sections 22.4(d), 22.13(d) and 27 of the Environmental
Protection Act, as amended by P.A. 87-323).
SOURCE: Adopted in R86-1 at 10 Ill. Reg. 14175, effective August 12, 1986; amended
in R86-28 at 11 Ill. Reg. 6220, effective March 24, 1987; amended in R88-27 at 13 Ill.
Reg. 9519, effective June 12, 1989; amended in R89-4 at 13 Ill. Reg. 15010, effective
September 12, 1989; amended in R89-10 at 14 Ill. Reg. 5797, effective April 10, 1990;
amended in R89-19 at 14 Ill. Reg. 9454, effective June 4, 1990; amended in R90-3 at 14
Ill. Reg. 11964, effective July 10, 1990; amended in R90-12 at 15 Ill. Reg. 6527,
effective April 22, 1991; amended in R91-2 at 15 Ill. Reg. 13800, effective September
10, 1991; amended in R91-14 at 16 Ill. Reg. 7407, effective April 24, 1992.
SUBPART A: PROGRAM SCOPE AND INTERIM PROHIBITION
Section 731.101 Definitions and exemptions (Repealed)
(Source: Repealed at 13 Ill. Reg. 9519, effective June 12, 1989)
Section 731.102 Interim prohibitions (Repealed)
(Source: Repealed at 13 Ill. Reg. 9519, effective June 12, 1989)
Section 731.103 Notification Requirements (Repealed)
(Source: Repealed at 13 Ill. Reg. 9519, effective June 12, 1989)
SUBPART A: PROGRAM SCOPE AND INTERIM PROHIBITION
Section 731.110 Applicability
a) This Part applies to owners and operators of an Underground Storage
Tank (UST) system as defined in Section 731.112 except as otherwise
provided in subsections (b) or (c).
b) The following UST systems are excluded from the requirements of this
Part:
1) Any UST system holding hazardous waste or a mixture of such
hazardous waste and other regulated substances.
2) Any wastewater treatment tank system that is part of a wastewater
treatment facility regulated under Section 12(f) of the
Environmental Protection Act (Ill. Rev. Stat. 1989, ch. 111 1/2,
par. 1012(f)).
3) Equipment or machinery that contains regulated substances for
operational purposes such as hydraulic lift tanks and electrical
equipment tanks.
4) Any UST system whose capacity is 110 gallons or less.
5) Any UST system that contains a de minimis concentration of
regulated substances.
6) Any emergency spill or overflow containment UST system that is
expeditiously emptied after used.
c) Deferrals. Section 731.122 does not apply to any of the following types of
UST systems:
1) Wastewater treatment tank systems;
2) Any UST systems containing radioactive materials that are
regulated by the Nuclear Regulatory Commission under the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.);
3) Any UST system that is part of an emergency generator system at
nuclear power generation facilities regulated by the Nuclear
Regulatory Commission under 10 CFR 50, Appendix A,
incorporated by reference in Section 731.113;
4) Airport hydrant fuel distribution systems; and
5) UST systems with field-constructed tanks.
e) Heating oil USTs.
1) Definitions. The following definitions apply to this subsection
only:
"Beneath the surface of the ground" is as defined in Section
731.112.
"Consumptive use" with respect to heating oil means consumed on
the premises.
“HEATING OIL,” MEANS PETROLEUM THAT IS NO. 1, NO.
2, NO. 4 LIGHT, NO. 4 HEAVY, NO. 5 LIGHT, NO. 5
HEAVY, OR NO. 6 TECHNICAL GRADES OF FUEL OIL;
OTHER RESIDUAL FUEL OILS INCLUDING NAVY
SPECIAL
FUEL OIL AND BUNKER C. (Section 22.18(e)(1)(H) of the Act)
"HEATING OIL UNDERGROUND STORAGE TANK" OR
"HEATING OIL UST" MEANS AN UNDERGROUND
STORAGE TANK SERVING OTHER THAN FARMS OR
RESIDENTIAL UNITS THAT IS USED EXCLUSIVELY TO
STORE HEATING OIL FOR CONSUMPTIVE USE ON THE
PREMISES WHERE STORED. (Section 22.18(e)(1)(I) of the
Act)
"On the premises where stored" with respect to heating oil means
UST systems located on the same property where the stored
heating oil is used.
"Pipe" or "piping" is as defined in Section 731.112.
"Regulated substance" is as defined in Section 731.112.
"Tank" is as defined in Section 731.112.
"Underground storage tank" ("UST") is means any one or
combination of tanks (including underground pipes connected
thereto) which is used to contain an accumulation of regulated
substances, and the volume of which (including the volume of the
underground pipes connected thereto) is ten per centum or more
beneath the surface of the ground.
2) Subsection (a) through (c) notwithstanding,
THIS PART APPLIES
TO OWNERS AND
OPERATORS OF ANY HEATING OIL
UST. (Section 22.4(d)(5) of the Act)
3) The owner or operator of a heating oil UST shall comply with the
same requirements as the owner or operator of a “petroleum UST”,
as defined in Section 731.112, any other provisions of this Part
notwithstanding.
BOARD NOTE: This subsection implements Section 22.4(d)(5) of
the Act, which requires that this Part be applicable to “heating oil
USTs”, as that term is defined in Section 22.18(e) of the Act.
However, that and related terms are used in a manner which is
inconsistent with the definitions and usage in this Part. The
definitions used in this applicability statement are therefore limited
to this subsection.
(Source: Amended at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.111 Interim Prohibition for Deferred Systems (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.112 Definitions
“Aboveground release” means any release to the surface of the land or to
surface water. This includes, but is not limited to, releases from the
aboveground portion of an UST system and aboveground releases
associated with overfills and transfer operations as the regulated substance
moves to or from an UST system.
“Act” means the Environmental Protection Act (Ill. Rev. Stat. 1989, ch.
111 ½, par. 1001 et seq.).
“Agency” means the Illinois Environmental Protection Agency.
“Ancillary equipment” means any devices including, but not limited to,
such devices as piping, fittings, flanges, valves and pumps used to
distribute, meter or control the flow of regulated substances to and from an
UST.
“Belowground release” means any release to the subsurface of the land
and to groundwater. This includes, but is not limited to, releases from the
belowground portions of an underground storage tank system and
belowground releases associated with overfills and transfer operations as
the regulated substance moves to or from an underground storage tank.
“Beneath the surface of the ground” means beneath the ground surface or
otherwise covered with earthen materials.
“Board” means the Illinois Pollution Control Board.
“CERCLA” means the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended (42 U.S.C. 9601 et
seq.)
“Connected piping” means all underground piping including valves,
elbows, joints, flanges and flexible connectors attached to a tank system
through which regulated substances flow. For the purpose of determining
how much piping is connected to any individual UST system, the piping
that joins two UST systems must be allocated equally between them.
BOARD NOTE: For “consumptive use” see Section 731.110(e).
“Dielectric material” means a material that does not conduct direct
electrical current. Dielectric coatings are used to electrically isolate UST
systems from the surrounding soils. Dielectric bushings are used to
electrically isolate portions of the UST system (e.g., tank from piping).
“Electrical equipment” means underground equipment that contains
dielectric fluid that is necessary for the operation of equipment such as
transformers and buried electrical cable.
“EMA” means the Illinois Emergency Management Agency.
“Excavation zone” means the volume containing the tank system and
backfill material bounded by the ground surface, wall and floor of the pit
and trenches into which the UST system is placed at the time of
installation.
“Farm tank” is a tank located on a tract of land devoted to the production
of crops or raising animals, including fish, and associated residences and
improvements. A farm tank must be located on the farm property.
“Farm” includes fish hatcheries, rangeland and nurseries with growing
operations.
“Fire Marshal” means the Office of the State Fire Marshal.
“Flow-through process tank” is a tank that forms an integral part of a
production process through which there is a steady, variable, recurring or
intermittent flow of materials during the operation of the of the process.
Flow-through process tanks do not include tanks used for the storage of
materials prior to their introduction into the production process or for the
storage of finished products or by-products from the production process.
“Free product” refers to a regulated substance that is present as a
nonaqueous liquid phase (e.g., liquid not dissolved in water.)
“Gasoline Storage Act” means Ill. Rev. Stat. 1989, ch. 127 ½, par. 151
et seq., as amended by P.A. 87-323.
“Gathering lines” means any pipeline, equipment, facility or building used
in the transportation of oil or gas during oil or gas production or gathering
operations.
“Hazardous substance” means any substance listed in 40 CFR 302.4,
incorporated by reference in Section 731.113 (but not including any
substance regulated as a hazardous waste under 35 Ill. Adm. Code 721).
BOARD NOTE: This definition is derived from the definition of
“hazardous substance UST system” in 40 CFR 280.12, as adopted at 53
Fed. Reg. 37194, September 23, 1988, and “hazardous substance” in
Section 101(14) of CERCLA. The United States Environmental
Protection Agency (USEPA) regulations which implement the statutes
cited in CERCLA have been inserted in place of the authorizing statutes.
“Hazardous substance UST system” means an underground storage tank
system that contains a “hazardous substances”, or any mixture of
“hazardous substances” and “petroleum” which is not a “petroleum UST
system”.
BOARD NOTE: This definition is derived from the corresponding
definition in 40 CFR 280.12, as adopted at 53 Fed. Reg. 37194,
September 23, 1988, inserting terms defined elsewhere in this
Section.
“Heating oil” means petroleum that is No. 1, No. 2, No. 4--light, No. 4--
heavy, No. 5--light, No. 5--heavy or No. 6 technical grades of fuel oil;
other residual fuel oils (including Navy Special Fuel Oil and Bunker C); or
other fuels when used as substitutes for one of these fuel oils. Heating oil
is typically used in the operation of heating equipment, boilers or furnaces.
BOARD NOTE: For the applicability of these rules to heating oil
USTs, see Section 731.110(e).
“Hydraulic lift tank” means a tank holding hydraulic fluid for a closed-
loop mechanical system that uses compressed air or hydraulic fluid to
operate lifts, elevator and other similar devices.
“Liquid trap” means sumps, well cellars and other traps used in
association with oil and gas production, gathering and extraction
operations (including gas production plants), for the purpose of collecting
oil, water and other liquid. These liquid traps may temporarily collect
liquids for subsequent disposition for reinjection into a production or
pipeline stream, or may collect and separate liquids from gas stream.
“Motor fuel” means petroleum or a petroleum-based substance that is
motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel or any grade
of gasohol, and is typically used in the operation of a motor engine.
“New tank system” means a tank system that will be used to contain an
accumulation of regulated substances and for which installation has
commenced after December 22, 1988. (See also “Existing Tank System.”)
“Noncommercial purposes” with respect to motor fuel means not for
resale.
BOARD NOTE: For the definition of “on the premises where
stored”, see Section 731.110(e).
“Operator” means any person in control of, or having responsibility for,
the daily operation of the UST system.
“Overfill release” is a release that occurs when a tank is filled beyond its
capacity, resulting in a discharge of the regulated substance to the
environment.
“Owner”
means:
In the case of an UST system in use on November 8, 1984, or
brought into use after that date, any person who owns an UST
system used for storage, use or dispensing of regulated substances;
and
In the case of any UST system in use before November 8, 1984,
but no longer in use on that date, any person who owned such UST
immediately before the discontinuation of its use.
“Person” means an individual, trust, firm, joint stock company, federal
agency, corporation, state, unit of local government, commission, political
subdivision of a state or any interstate body. Person, also includes a
consortium, a joint venture, a commercial entity and the United States
Government.
“Petroleum” means crude oil or any fraction thereof which is liquid at
standard conditions of temperature and pressure (60 degrees Fahrenheit
and 14.7 pounds per square inch absolute). The term “petroleum”
includes, but is not limited to, petroleum and petroleum-based substances
comprising a complex blend of hydrocarbons derived from crude oil
through processes of separation, conversion, upgrading and finishing, such
as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants,
petroleum solvents and used oils.
BOARD NOTE: This definition is derived from the definitions of
“petroleum UST system” and “regulated substance” in 40 CFR
280.12, as adopted at 53 Fed. Reg. 37194, September 23, 1988.
“Petroleum UST system” means an underground storage tank system that
contains petroleum or a mixture of “petroleum” with de minimis quantities
of other “regulated substances”.
BOARD NOTE: This definition is derived from the corresponding
definition in 40 CFR 280.12, as adopted at 53 Fed. Reg. 37194,
September 23, 1988, inserting terms defined elsewhere in this
Section.
“Pipe” or “Piping” means a hollow cylinder or tabular conduit that is
constructed of non-earthen materials.
“Pipeline facilities (including gathering lines)” are new and existing pipe
rights-of-way and any associated equipment, facilities or buildings.
“Regulated substance” means any “hazardous substance” or “petroleum”.
BOARD NOTE: This definition is derived from the corresponding
definition in 40 CFR 280.12, as adopted at 53 Fed. Reg. 37194,
September 23, 1988, inserting terms defined elsewhere in this
Section.
“Release” means any spilling, leaking, emitting, discharging, escaping,
leaching or disposing from an UST into groundwater, surface water or
subsurface soils.
“Residential tank” is a tank located on property used primarily for
dwelling purposes.
“Septic tank” is a water-tight covered receptacle designed to receive or
process, through liquid separation or biological digestion, the sewage
discharged from a building sewer. The effluent from such receptacle is
distributed for disposal through the soil and settled solids and scum from
the tank are pumped out periodically and hauled to a treatment facility.
“Storm water or wastewater collection system” means piping, pumps,
conduits and any other equipment necessary to collect and transport the
flow of surface water run-off resulting from precipitation, or domestic,
commercial or industrial wastewater to and from retention areas or any
areas where treatment is designated to occur. The collection of storm
water and wastewater does not include treatment except where incidental
to conveyance.
“Surface impoundment” is a natural topographic depression, man-made
excavation, or diked area formed primarily of earthen materials (although
it may be lined with man-made materials) that is not an injection well.
“Tank” is a stationary device designed to contain an accumulation of
regulated substances and constructed of non-earthen materials (e.g.,
concrete, steel, plastic) that provide structural support.
“Underground area” means an underground room, such as a basement,
cellar, shaft or vault, providing enough space for physical inspection of the
exterior of the tank situated on or above the surface of the floor.
“Underground release” means any below-ground release.
“Underground storage tank” or “UST” means any one or combination of
tanks (including underground pipes connected thereto) which is used to
contain an accumulation of regulated substances, and the volume of which
(including the volume of the underground pipes connected thereto) is ten
per centum or more beneath the surface of the ground. Such term does not
include any:
Farm or residential tank of 1,100 gallons or less capacity used for
storing motor fuel for noncommercial purposes.
BOARD NOTE: For the applicability of these rules to
heating oil tanks, see Section 731.110(e).
Septic
tank.
Pipeline facility (including gathering lines) regulated under:
The Natural Gas Pipeline Safety Act of 1968 (49 U.S.C.A.
1671 et seq. (1987 and 1987 Supp.)), or
The Hazardous Liquid Pipeline Safety Act of 1979 (49
U.S.C.A. 2001 et seq. (1987)), or
The Illinois Gas Pipeline Safety Act (Ill. Rev. Stat. 1989,
ch. 111 2/3, pars. 551 et seq.).
Surface impoundment, pit, pond or lagoon.
Storm-water or wastewater collection system.
Flow-through process tank.
Liquid trap or associated gathering lines directly related to oil or
gas production and gathering operations. Or,
Storage tank situated in an underground area (such as a basement,
cellar, mineworking, drift, shaft or tunnel) if the storage tank is
situated upon or above the surface of the floor.
The term "underground storage tank" does not include any pipes
connected any tank which is described in the above subparagraphs.
"USEPA" means United States Environmental Protection Agency.
"UST system" or "Tank system" means an underground storage tank,
connected underground piping, underground ancillary equipment, and
containment system, if any.
"Wastewater treatment tank" means a tank that is designed to receive and
treat an influent wastewater through physical, chemical or biological
methods.
(Source: Amended at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.113 Incorporations by Reference
a) CFR (Code of Federal Regulations). Available from the Superintendent of
Documents, U.S. Government Printing Office, Washington, D.C. 20401,
(202) 783-3238:
10 CFR 50, Appendix A (1991)
40 CFR 280.3 (1987) (repealed September 23, 1988)
40 CFR 302.4 and 302.6 (1991)
b) This Section incorporates no later editions or amendments.
(Source: Amended at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.114 Implementing Agency (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
SUBPART B: UST SYSTEMS: DESIGN, CONSTRUCTION, INSTALLATION
AND NOTIFICATION
Section 731.120 Performance Standards for New Systems (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.121 Upgrading of Existing Systems (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.122 Notification Requirements
a) Any owner who brings an underground storage tank system into use after
May 8, 1986, shall within 30 days of bringing such tank into use, submit,
in the form prescribed in Appendix A, below, a notice of existence of such
tank system to the Fire Marshal.
BOARD NOTE: Owners and operators of UST systems that were in the
ground on or after May 8, 1986, unless taken out of operation on or before
January 1, 1974, were required to notify the Fire Marshal in accordance
with RCRA and 40 CFR 280.3 (1987), unless notice was given pursuant to
40 CFR 302.6, incorporated by reference in Section 731.113. Section
4(b)(1) of the Gasoline Act (Ill. Rev. Stat. 1987, ch. 127 1/2, par.
156(b)(1)) required notification by December 31, 1987, for tanks which
held regulated substances after January 1, 1974. Owners and operators
who have not complied with the notification requirements may use
portions I through VI of the notification form contained in Appendix A.
c) Owners required to submit notices under subsection (a), above, shall
provide notices to the Fire Marshal for each tank they own. Owners may
provide notice for several tanks using one notification form, but owners
who own tanks located at more than one place of operation shall file a
separate notification form for each separate place of operation.
d) Notices required to be submitted under subsection (a), above, must
provide all of the information in Sections I through VI of the form for
each tank for which notice must be given. Notices for tanks installed after
December 22, 1988, must also provide all of the information in Section
VII of the prescribed form for each tank for which notice must be given.
e) All owners and operators of new UST systems shall certify in the
notification form compliance with the following requirements:
1) Installation of tanks and piping;
2) Cathodic protection of steel tanks and piping;
3) Financial responsibility; and
4) Release detection.
f) All owners and operators of new UST systems shall ensure that the
installer certifies in the notification form that the methods used to install
the tanks and piping complies with regulatory requirements.
g) Beginning October 24, 1988, any person who sells a tank intended to be
used as an underground storage tank shall notify the purchaser of such
tank of the owner's notification obligations under subsection (a), above.
The form provided in Appendix C may be used to comply with this
requirement.
(Source: Amended at 16 Ill. Reg. 7407, effective April 24, 1992)
SUBPART C: GENERAL OPERATING REQUIREMENTS
Section 731.130 Spill and Overfill Control (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.131 Operation and Maintenance of Corrosion Protection
(Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.132 Compatibility (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.133 Repairs Allowed (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.134 Reporting and Recordkeeping (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
SUBPART D: RELEASE DETECTION
Section 731.140 General Requirements for all Systems (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.141 Petroleum Systems (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.142 Hazardous Substances Systems (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.143 Tanks (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.144 Piping (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.145 Recordkeeping (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
SUBPART E: RELEASE REPORTING, INVESTIGATION AND
CONFIRMATION
Section 731.150 Reporting of Suspected Releases (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.151 Investigation due to Off-site Impacts (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.152 Release Investigation and Confirmation (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.153 Reporting and Cleanup of Spills and Overfills (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
SUBPART F: RELEASE RESPONSE AND CORRECTIVE ACTION
Section 731.160 General
Owners and operators of petroleum or hazardous substance UST systems must, in
response to a confirmed release from the UST system, comply with the requirements of
this Subpart except for USTs excluded under Section 731.110(b) and UST systems
subject to RCRA corrective action requirements under 35 Ill. Adm. Code 724.200,
724.296, 725.296 or 725.Subpart G.
(Source: Added at 13 Ill. Reg. 9519, effective June 12, 1989)
SUBPART F: RELEASE RESPONSE AND CORRECTIVE ACTION
Section 731.161 Initial Response
Upon confirmation of a release or after a release from the UST system is identified in any
other manner, owners and operators shall perform the following initial response actions
within 24 hours of a release:
a) Report the release to EMA (e.g., by telephone or electronic mail);
b) Take immediate action to prevent any further release of the regulated
substance into the environment; and
c) Identify and mitigate fire, explosion and vapor hazards.
(Source: Amended at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.162 Initial Abatement Measures and Site Check
a) Owners and operators shall perform the following abatement measures:
1) Remove as much of the regulated substance from the UST system
as is necessary to prevent further release to the environment;
2) Visually inspect any aboveground releases or exposed
belowground releases and prevent further migration of the released
substance into surrounding soils and groundwater;
3) Continue to monitor and mitigate any additional fire and safety
hazards posed by vapors or free product that have migrated from
the UST excavation zone and entered into substance structures
(such as sewers or basements);
4) Remedy hazards posed by contaminated soils that are excavated or
exposed as a result of release confirmation, site investigation,
abatement or corrective action activities. If these remedies include
treatment or disposal of soils, the owner and operator shall comply
with 35 Ill. Adm. Code 722, 724, 725 and 807 through 815.
5) Measure for the presence of a release where contamination is most
likely to be present at the UST site, unless the presence and source
of the release have been confirmed in accordance with the site
check or the closure site assessment. In selecting sample types,
sample locations and measurement methods, the owner and
operator shall consider the nature of the stored substance, the type
of backfill, depth to groundwater and other factors as appropriate
for identifying the presence and source of the release; and
6) Investigate to determine the possible presence of free product, and
begin free product removal as soon as practicable and in
accordance with Section 731.164.
b) Within 20 days after release confirmation, owners and operators shall
submit a report to the Agency, summarizing the initial abatement steps
taken under subsection (a), above, and any resulting information or data.
(Source: Amended at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.163 Initial Site Characterization
a) Owners and operators shall assemble information about the site and the
nature of the release, including information gained while confirming the
release or completing the initial abatement measures in Section 731.160
and Section 731.161. This information must include, but is not
necessarily limited to the following:
1) Data on the nature and estimated quantity of release;
2) Data from available sources or site investigations concerning the
following factors: surrounding populations, water quality, use and
approximate locations of wells potentially affected by the release,
subsurface soil conditions, locations of subsurface sewers,
climatological conditions and land use;
3) Results of the site check required under Section 731.162(a)(5); and
4) Results of the free product investigations required under Section
731.162(a)(6), to be used by owners and operators to determine
whether free product must be recovered under Section 731.164.
b) Within 45 days after confirmation of the release, owners and operators
shall submit the information collected in compliance with subsection (a) to
the Agency, in a manner that demonstrates its applicability and technical
adequacy.
(Source: Added at 13 Ill. Reg. 9519, effective June 12, 1989)
Section 731.164 Free Product Removal
At sites where investigations under Section 731.162(a)(6) indicate the presence of free
product, owners and operators shall remove free product to the maximum extent
practicable, while continuing, as necessary, any actions initiated under Section 731.161
through Section 731.163, or preparing for actions required under Section 731.165
through Section 731.166. In meeting the requirements of this Section, owners and
operators must:
a) Conduct free product removal in a manner that minimizes the spread of
contamination into previously uncontaminated zones by using recovery
and disposal techniques appropriate to the hydrogeologic conditions at the
site, and that properly treats, discharges or disposes of recovery by
products in compliance with applicable local, state and federal regulations;
b) Use abatement of free product migration as a minimum objective for the
design of the free product removal system;
c) Handle any flammable products in a safe and competent manner to
prevent fires or explosions; and
d) Prepare and submit to the Agency, within 45 days after confirming a
release, a free product removal report that provides at least the following
information:
1) The name of the persons responsible for implementing the free
product removal measures;
2) The estimated quantity, type and thickness of free product
observed or measured in wells, boreholes and excavation;
3) The type of free product recovery system used;
4) Whether any discharge will take place on-site or off-site during the
recovery operation and where this discharge will be located;
5) The type of treatment applied to, and the effluent quality expected
from, any discharge;
6) The steps that have been or are being taken to obtain necessary
permits for any discharge; and
7) The disposition of the recovered free product.
(Source: Added at 13 Ill. Reg. 9519, effective June 12, 1989)
Section 731.165 Investigations for Soil and Groundwater Cleanup
a) In order to determine the full extent and location of soils contaminated by
the release, and the presence and concentrations of dissolved product
contamination in the groundwater, owners and operators shall conduct
investigations of the release, the release site, and the surrounding area
possibly affected by the release if any of the following conditions exist:
1) There is evidence that groundwater wells have been affected by the
release (e.g., as found during release confirmation or previous
corrective action measures);
2) Free product is found to need recovery in compliance with Section
731.164;
3) There is evidence that contaminated soils may be in contact with
groundwater (e.g., as found during conduct of the initial response
measures or investigations required under Section 731.160 through
Section 731.164); and
4) The Agency requests an investigation, based on the potential
effects of contaminated soil or groundwater on nearby surface
water and groundwater resources.
b) Owners and operators shall submit the information collected under
subsection (a) as soon as practicable or in accordance with a schedule
established by the Agency.
(Source: Added at 13 Ill. Reg. 9519, effective June 12, 1989)
Section 731.166 Corrective Action Plan
a) At any point after reviewing the information submitted in compliance with
Section 731.161 through Section 731.163, the Agency may require owners
and operators to submit additional information or to develop and submit a
corrective action plan for responding to contaminated soils and
groundwater. If a plan is required, owners and operators shall submit the
plan according to a schedule and format established by the Agency.
Alternatively, owners and operators may, after fulfilling the requirements
of Section 731.161 through Section 731.163, choose to submit a corrective
action plan for responding to contaminated soil and groundwater.
b) The Agency shall approve the corrective action plan only after ensuring
that implementation of the plan will adequately protect human health,
safety and the environment. In making this determination, the Agency
shall consider the following factors as appropriate:
1) The physical and chemical characteristics of the regulated
substance, including its toxicity, persistence and potential for
migration;
2) The hydrogeologic characteristics of the facility and the
surrounding area;
3) The proximity quality and current and future uses of nearby
surface water and groundwater;
4) The potential effects of residual contamination on nearby surface
water and groundwater;
5) An exposure assessment; and
6) Any information assembled in compliance with this Subpart.
c) Upon approval of the corrective action plan or as directed by the Agency,
owners and operators shall implement the plan, including modifications to
the plan made by the Agency. They shall monitor, evaluate and report the
results of implementing the plan in accordance with a schedule and in a
format established by the Agency.
d) Owners and operators may, in the interest of minimizing environmental
contamination and promoting more effective cleanup, begin cleanup of
soil and groundwater before the corrective action plan is approved
provided that they:
1) Notify the Agency of their intention to being cleanup;
2) Comply with any conditions imposed by the Agency, including
halting cleanup or mitigating adverse consequences from cleanup
activities; and
3) Incorporate these self-initiated cleanup measures in the corrective
action plan that is submitted to the Agency.
(Source: Added at 13 Ill. Reg. 9519, effective June 12, 1989)
Section 731.167 Public Participation
a) For each confirmed release that requires a corrective action plan, the
Agency shall provide notice to the public by means designed to reach
those members of the public directly affected by the release and the
planned corrective action. This notice must include, but is not limited to,
public notice in local newspapers, block advertisements, public service
announcements, publication in the Illinois Register, letters to individual
household or personal contacts by field staff.
b) The Agency shall ensure that site release information and decisions
concerning the corrective action plan are made available to the public for
inspection upon request.
c) Before approving a corrective action plan, the Agency shall hold a public
meeting to consider comments on the proposed corrective action plan if
there is sufficient public interest, or for any other reasons.
d) The Agency shall give public notice that complies with subsection (a) if
implementation of an approved corrective action plan does not achieve the
established cleanup levels in the plan and termination of that plan is under
consideration by the Agency.
(Source: Added at 13 Ill. Reg. 9519, effective June 12, 1989)
SUBPART G: OUT-OF-SERVICE SYSTEMS AND CLOSURE
Section 731.170 Temporary Closure (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.171 Permanent Closure and Changes-in-service (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.172 Assessing Site at Closure or Change-in-Service (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.173 Previously Closed Systems (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.174 Closure Records (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
SUBPART H: FINANCIAL RESPONSIBILITY
Section 731.190 Applicability (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.191 Compliance Dates (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.192 Definitions (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.193 Amount and Scope of Required Financial Responsibility
(Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.194 Allowable Mechanisms and Combinations (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.195 Financial Test of Self-insurance (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.196 Guarantee (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.197 Insurance or Risk Retention Group Coverage (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.198 Surety Bond (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.199 Letter of Credit (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.200 UST State Fund (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.202 Trust Fund (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.203 Standby Trust Fund (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.204 Substitution of Mechanisms (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.205 Cancellation or Nonrenewal by Provider (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.206 Reporting (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.207 Recordkeeping (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.208 Drawing on Financial Assurance (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.209 Release from Financial Assurance Requirement (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.210 Bankruptcy or other Incapacity (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.211 Replenishment (Repealed)
(Source: Repealed at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.900 Incorporation by Reference (Repealed)
(Source: Repealed at 13 Ill. Reg. 9519, effective June 12, 1989)
Section 731.901 Compliance Date (Repealed)
(Source: Repealed at 13 Ill. Reg. 9519, effective June 12, 1989)
Section 731.Appendix A
The Board incorporates by reference 40 CFR 280, Appendix I (1991). This Section
incorporates no future editions or amendments. Persons required to notify shall use
forms provided by the Fire Marshal if available. Otherwise, they may prepare forms
based on 40 CFR 280, Appendix I.
(Source: Amended at 16 Ill. Reg. 7407, effective April 24, 1992)
Section 731.APPENDIX C Statement for Shipping Tickets and Invoices
Note.-A Federal law (The Resource Conservation and Recovery Act (RCRA), as
amended (Pub. L. 98-616)) requires owners of certain underground storage tanks to
notify designated State or local agencies by May 8, 1986, of the existence of their tanks.
Notifications for tanks brought into use after May 8, 1986, must be made within 30 days.
Consult USEPA's regulations, issued on November 8, 1985 (40 CFR 280) to determine if
you are affected by this law.
(Source: Added at 16 Ill. Reg. 7407, effective April 24, 1992)