ILLINOIS POLLUTION CONTROL BOARD
April
9,
1992
IN THE MATTER OF:
)
)
UST UPDATE
)
R9l-l4
USEPA REGULATIONS
)
(Identical in
(1/1(91
—
6/30/91)
)
Substance
Rulemaking)
Adopted Rule.
Final Order.
ORDER OF THE BOARD
(by J. Anderson):
Pursuant to Section 22.4(d)
of the Environmental Protection
Act
(Act), the Board is amending the UST underground storage tank
regulations in 35 Ill.
Adm. Code 731.
The Board is adopting a
separate Opinion on this same day.
Section 22.4 of the Act governs adoption of regulations
establishing the RCRA/UST program in Illinois.
Section 22.4(d)
provides for quick adoption of regulations which are “identical
in substance” to federal regulations.
Section 22.4(d) provides
that Title vii of the Act and Section 5 of the Administrative
Procedure Act
(APA)
shall not apply.
Because this rulemaking is
not subject to Section 5 of the APA,
it is not subject to first
notice or to second notice review by the Joint Committee on
Administrative Rules
(JCAR).
The federal UST rules are found at
40 CFR 280.
This rulemaking updates Illinois’ UST rules to
correspond with the following USEPA actions, during the period
January
1 through June 30,
1991.
The complete text of the rules
is attached to this Order.
The rules will be filed, and will appear
in the Illinois Register
in the near future.
IT IS SO ORDERED.
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
~
hereby certify that the above order was adopted on the
7~
day of
____________,
1992,
by a vote of
70
~
M~.
Dorothy M. inn,
Clerk
Illinois P~ilutionControl Board
132—699
2
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
731.102
731.103
731.110
731.111
731.112
731.113
731. 114
Section
731.120
731.121
731.122
Section
731.130
731. 131
731. 132
731. 133
731.134
Section
731.140
731.141
731.142
731.143
731.144
731.145
SUBPART
Section
731. 150
731.151
731. 152
731. 153
Definitions and exemptions
(Repealed)
Interim prohibitions
(Repealed)
Notification Requirements
(Repealed)
Applicability
Interim Prohibition for Deferred Systems
(Repealed)
Definitions
Incorporations by Reference
Implementing Agency
(Repealed)
SUBPART B:
tJST SYSTEMS:
DESIGN, CONSTRUCTION,
INSTALLATION
AND
NOTIFICATION
Performance Standards for New Systems
(Repealed)
Upgrading of Existing Systems (Re~ea1ed)
Notification Requirements
SUBPART
C:
GENERAL
OPERATING
REQUIREMENTS
Spill
and
Overfill
Control
(Repealed)
Operation and Maintenance of Corrosion Protection
Compatibility
(Repealed)
Repairs Allowed
(Repealed)
Reporting and Recordkeeping
(Repealed)
SUBPART D:
RELEASE DETECTION
General Requirements for all Systems (Re~ea1ed)
Petroleum Systems (Repealed)
Hazardous Substance Systems (Re~ea1ed)
Tanks
(Repealed)
Piping
(Repealed)
Recordkeeping (Re~ealed)
E:
RELEASE REPORTING,
INVESTIGATION
AND
CONFIRMATION
Reporting of Suspected Releases
(Repealed)
Investigation due to Off-site Impacts
(Repealed)
Release Investigation and Confirmation
(Repealed)
Reporting and Cleanup of Spills and Overfills
(Repealed)
132—700
3
SUBPART F:
RELEASE RESPONSE AND CORRECTIVE ACTION
Section
731.160
731.161
731.162
731.163
731.164
731.165
731.166
731.167
Section
731.170
731.171
731.172
731.173
731.174
Section
731.190
731.191
731.192
731.193
731.194
731.195
731.196
731.197
731.198
731.199
731.200
731.202
731.203
731. 204
731.205
731.206
731.207
731. 208
731. 209
731.210
731.211
731.900
731. 901
Appendix A
Appendix C
General
Initial Response
Initial Abatement Measures and Site Check
Initial Site Characterization
Free Product Removal
Investigations for Soil and Groundwater Cleanup
Corrective Action Plan
Public Participation
SUBPART
G:
OUT-OF-SERVICE SYSTEMS
AND
CLOSURE
Temporary Closure (Repealed)
Permanent Closure and Changes—in—Service (Repealed)
Assessing Site at Closure or Change—in—Service
(Repealed)
Previously Closed Systems (Repealed)
Closure Records (Repealed)
SUBPART H:
FINANCIAL RESPONSIBILITY
Applicability
(Repealed)
Compliance Dates
(Repealed)
Definitions
(Repealed)
Amount and Scope of Required Financial
Responsibility (Re~ea1ed)
Allowable Mechanisms and Combinations (Repealed)
Financial Test of Self—insurance
(Repealed)
Guarantee
(Repealed)
Insurance or Risk Retention Group Coverage
(Repealed)
Surety Bond
(Repealed)
Letter of Credit (Repealed)
UST State Fund
(Repealed)
Trust Fund f~pea1ed)
Standby Trust Fund
(Repealed)
Substitution of Mechanisms
(Repealed)
Cancellation or Nonrenewal by Provider
(Repealed)
Reporting (Repealed)
Recordkeeping
(Repealed)
Drawing on Financial Assurance (Repealed)
Release from Financial Assurance Requirement
(Repealed)
Bankruptcy or other Incapacity (Repealed)
Replenishment (Repealed)
Incorporation by reference
(Repealed)
Conipliance Date
(Repealed)
Notification Form
Statement for Shipping Tickets and Invoices
132—701
4
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—l2 at 15 Ill.
Reg.
6527,
effective April 22,
1991;
amended in R9l—2 at 15 Ill.
Reg.
13800, effective September 10,
1991;
amended in R91—14 at
16 Ill.
Reg.
effective
NOTE:
Capitalization denotes statutory language.
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),
(a) or
(d).
Any
UCT cystem li3tcd in
3ubscation
(a)
TnuQt moct tho roquircmcntc
of Sootion
731.111 or
(c).
b)
The following lIST 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.
19871989,
cli.
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.
132—702
5
5)
Any
lIST system that contains a de minimu3 minimis
concentration of regulated substances.
6)
Any
emergency spill or overflow containment UST
system that is expeditiously emptied after used.
c)
Deferrals.
Cubparte B,
C,
D, E and C do 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.
d)
Dcferral~. Cubpart D doc~not apply to ~ny UCT oy~tem
that otorcri fuel r~o1c~1vfor uoc by cmcra~ne~.r
no~zcr
rlcncrptpr~.
~j
Heating oil USTs.
fl.
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 lIST”
MEANS AN
UNDERGROUND
STORAGE TANK
SERVING OTHER THAN
FARMS
OR
132—703
6
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 ~ro~ertv 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 storaae 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 centuin or
more beneath the surface of the ground.
21
Subsections
(a) through
(c) notwithstanding, THIS
PART
APPLIES TO
OWNERS
AND OPERATORS OF
ANY
HEATING OIL UST.
(Section 22.4(d) (5)
of the Act)
~j.
The owner or operator of a heating oil UST shall
comply with the same requirements as the owner or
operator of a “petroleum
lIST”,
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.
effective
Section 731.111
Interim Prohibition for Deferred Systems
(Repealed)
132—704
7
in CCCtL.,i
~:;ulated
ilcr of 3inglc or
1)
Will prcvcnt reicaoca due to corroaion or
~truoturn1
faUiirc~
fQr
thr~ ~ncr~tinri~i1
lifc~ c~f
th~
—3
aonotructca of nonaorroaiblc material, Gtccl clad
with a noncorrodible material, or dcoigncd in
a
m~rn~rvtc~
~revc~r~h
thc
r~1c~t~
~r
threatened
ion
(a), an UCT cyatem without
..~
~e
inøtallcd at.. oite that i.~
Source:
Repealed at 16 Ill.
Reg.
Section 731.112
Definitions
effective
“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
lIST system.
“Act” means the Environmental Protection Act
(Ill.
Rev.
Stat.
1~871989,cli.
111 1/2, 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
132—705
a)
No pcraon ahall inatall an UST ayatein liGtcd
731.110(c)
for the purpo3c of ctoring
£~1J
—3
2+
Ia cathodically pr~
b)
Notwithatanding
3)
Ia conatructcd or lincd with material that ia
compatible with the atored aubatancc.
corroaion protccti~.~~~
determined by a corroolon
p~x~
no~ ~.o uc
corro3tve
enough to cauoc
it to havc a releace due to corrocion
during ito operating life.
Owncra and operatoro dial?
maintain rccorda that demonatratc compliance with thc
requirementa
of thia aubacotion for the remaining life
of
the
tank.
BOARD NOTES
NACE RP0285, incorporated by reference in
Section 731.113, may be uacd ac guidance for compliance
with thia aubocction.
8
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.
“Cathodic protection” is a technique to prevent
corrosion
of
a
metal surface
by
making
that
surface
the
cathode of an clectrochemical
ccli.
For
example,
a
tank system can be cathodically protected through the
application of either galvanic anodes or impressed
current.
“Cathodic protection tester” means a person who can
demonstrate an understanding of the principles and
measurements of all common types of cathodic protection
systems as applied to buried or submerged metal piping
and
tank
systems.
At a minimum,
ouch persons shall
have education and experience in soil resistivity,
stray current, structure—to-soil potential and
component electrical isolation measurements of buried
metal
nir~inrc
and
tank
systems.
“CERCLA” means the Comprehensive Environmental
Response, Compensation and Liability Act of 1980,
as
amended
(42 U.S.C.
9601 et seq.)
“Compatible” means the ability of two or more
substances to maintain their respective physical and
chemical properties upon contact with one another for
tho design hf
p
of the tank system under conditions
likely to be encountered in the UCT.
“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 lIST system, the piping that joins two UST
systems must be allocated equally between them.
132—706
9
“consumptive use” with respect to heating oil means
consumed
on
the
premises.
BOARD
NOTE:
For “consumptive use” see Section
731.110(e).
moans
t~hr’
reason
r~f
“t~ri4r~rt
expert”
,
z
knowl
of
the
physical
..._ienc~
...nd
the
~inccri~~
~.
~.
~
..~
matncmatics
acquircu
LIy
U
professional education
anu rcia~ccu
practical
experience,
is qualified to engage in the practice of
corrosion control on buried or submerged metal piping
systems
and metal tanks.
Such a person shall be
accredited or certified as being qualified by the
National Association of Corrosion Engineers or be a
registered professional engineer who has certification
or licensing that includes education and-experience in
corrosion control of buried or submerged metal piping
systems and metal tanks.
“Dielectric material” means a material that does not
conduct direct electrical current.
Dielectric coatings
are used to electrically isolate lIST systems from the
surrounding soils.
Dielectric bushings are used to
electrically isolate portions of the
lIST
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.
means the Illinois
Emcrru’n-~~z
torviccs
ano
Disaster Agency.
“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.
“Existing tank system” means
a tank system uaed to
contain an accumulation of regulated substances or for
which installation has commenced on or before December
~‘,
1988.
Installation is considered to have commenced
if:
The
owner
or
~
~
state
and
local
—-~
_,
I
case
-x
—
A._.
—
—
—
—
— —
— —
132—707
—
of the site or
1
10
And,
if
either!
A
continuous
on-site
physioal
construction
or
installation
program
has
begun;
or,
The
owner
or operator has entered into
contractural obligations, which cannot be
cancelled or modified without substantial
loss, for physical oonstruotion at the site
or installation of the tank system to be
reasonable time.
“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 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
“An
Act
To
Regulate
The
Storage, Transportation,
Sale
And
Usc Of Casolinc And
Volatile Oils”,
as ammended
(Ill.
Rev. Stat.
1987-i,
ch.
127 1/2,
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.
Adin.
Code 721).
BOARD
NOTE:
This definition is derived from the
132—708
11
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
substance”, 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 UST5.
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.
r~rc
~
Ccc
Cct...~...
731.114.
“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.
~nuintcfluflcc~
means the normal operational upkeep
prevent an unacrground ~
ri~rrn~
~stem
from
releasing product.
“Motor fuel” means petroleum or a petroleum—based
132—709
12
substance that is motor gasoline, aviation gasoline,
Uo.
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.
“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.
BOARD NOTE:
For the definition of “on the
premises where stored”, see Section 731.110(e).
“Operational life” refers to the period beginning when
installation of the
tank
system
has commenced until the
time the tank system is properly closed under Subpart
“Operator” means any person in control of, or having
responsibility for, the daily operation of the lIST
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 lIST 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 lIST 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
132—7 10
13
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 minimus 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—earthcrn 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
lIST into groundwater, surface water or subsurface
soils.
“Release detection” means determining whether a release
of a regulated substance has occurred from the UCT
system into the environment or into the interstitial
space between the UCT system and its secondary barrier
132—711
14
means
to
restore
a
tank
or
lIST
system
component that has caused a release of product-
lIST system.
“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 soilds 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 earthern 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—earthcrn 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
132—7 12
15
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.
Tank used for storing heating oil for consumptive
use
Ofl
the premises where stored.
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.
19871989, 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.
“TTr~rn-p~p”
means
~~on
or r~...
~
some
systems such as cathodic protection,
lining or spill
and overfill controls to improve the ability of an
132—7
13
16
underground storage
tank
system to prevent the release
of product.
“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.
effective
Section 731.113
Incorporations by Reference
Thc fol1ow~
reference:
20005,
(202)
682—°~Ge
—4
API
Recommended Practice 1604,
“Removal and
Disposal of Used Underground Petroleum
Storage Tanks”,
Second Edition, December,
1937
API
Recommended Practice 1615,
“Installation
of Underground Petroleum Ctorage Systems”,
Fourth Edition, November,
1987
API
Recommended Practice 1621,
“Bulk Liquid
Stock Control at Retail
fl
1r~t--~”..Pfm1-t~h
Edition,
...cccmber,
1987
132—714
ACT.
Available from the Association for Composite
Tanks,
108 N.
State Ct., Suite
720,
chicago,
IL
60602,
(800)
368—2105:
ACT-100/8C,
“Specification
for
the
Fabrication of
FRP
Clad/Composite Underground
Storage Tanks”, revised March 16,
1988-
ANSI.
Available from the American National
Standards Institute,
1430 Broadway,
Now
York,
New
York
10018,
(212)
354—3300!
Ccc ACHE.
API.
Available from the American Petroleum
Institute,
1220 L Street, N.W., Washington,
D.C.
V
17
API Recommended Practice 1626,
“Storing and
Handling Ethanol and Casolinc-Ethanol Blends
at
Distribution
Terminals
and
Service
Ctations”,
First
Edition, April,
1985
API-Recommended Practice 1627,
“Storage and
Handling of Casolinc-Hethanol/C-oaolvent
Blends at Distribution Terminals and Service
Stations”, First Edition, August,
1986
API Recommended Practice 1631, “Interior
Lining of Underground Storage Tanks”,
Second
PAitir~n.
December-
1~1R7
L~I LJ
LLLJ
~
ill
API Pub~2~
Liquif.~
Pipelines”,
ACME.
Available from
Mt~hnni~1
Engineers,
G017,
(212)
_!7
7
-~-~
can
Society
of-
47th
Street,
NC~
“Chemical
Plant
and
Petroleum
Refinery
Piping”,
ACME/ANSI
B31.3
-
1987, a~
— - -
-— —
-I
— —
—
—
J_.
—
S
—
.1
—
—
c. .~.
— —
S
—
.(
—
“Liquid Transport~tionCyotemc3for
Eycirocarr
Ammonia,
ons,
~gu~u
L~
.L~UJ~.UU
..u
and Alcohols”, ACNE/ANSI
~,
Anhydrous
B31.4
-
1986,
as
supplemented
by
B31.4a
—
1987.
Also
available from
ANSI.-
ACTN.
Available from American Society for Testing
and
Materials,
1916
Race Street,
Philadelphia, PA
19103,
(215)
299—5400i
ACTM
D4021-86,
“Standard
Specification
for
Class-Fiber-Reinforced Polyester Underground
Petroleum
Storage
Tanks”,
approved
July
25,
1986.
RACE.
Available from the National Association of
132—7 15
API
Recommended
Practice
1632,
“Cathodic
~
of
Underground
Petroleum
Storage
Tanks
and Piping Systems”, Second Edition,
December, 1987
API Publication 2015,
“Cleaning Petroleum
Storage Tanks”, Third Edition,
September,
1985
-....L~on
2200,
-“Rcpairing Crude Oil,
i-~ir-ii
,
t~um
C~i~
-
~nd
Product
d
Edition,
April,
18
Corrosion Engineers,
1400 South Creek Dr.,
Hou~ton.
TX
77ORA~,
(713)
AO~—O535r
NACE Standard Recommended Practice
“Control of External Corrosion on
RP0169-83,
Underground
or Cubmcrgcd Metallic Piping Systems”,
JV
NACE Standard Rccommcndcd Practice Rr0285-85,
“Control of External Corrosion on Metallic
Buried, Partially Buried,
or Submerged Liquid
f~irnnrrr’
~stems”,
Approved March,
19fl~
NFPA.
Available from the National Fire Protection
Association, Battcrymarch Park,
Boston, MA
02269,
(617)
770—3000 or
(600)
344-3555:
NFPA 30, “Flammable and Combustible Liquids
Code”,
issued July 17,
1987.
Also available
from
ANSI.
NFPA 385,
“Tank Vehicles for Flammable and
Combustible Liquids”, issued
December 7,
1984.
Also available from
ANSI.
NIOCH.
Available from the National Institute for
Occupational Safety and Health, Publications
Office,
4676 Columbia Parkway,
Cincinnati, OH
45226
(513)
533 8287:
NIOCH Publication No.
80-106,
“Criteria for a
Rccomincndcd Ctandard
..
.Working in a Confined
Spaces”, December,
1979
PEI.
Petroleum Equipment Institute, Box 2380,
Tulsa, OK
74101
918/ 743—9941.
PEI/RP100-87, “Recommended Practices for
Installation of Underground Liquid Storage
Systems”
,
1987 Edition
CTI.
Available from the Steel Tank Institute,
728
Anthony Trail, Northbrook, IL
60062,
(312)
498—
1980:
CTI-P3, “Specification and Manual for
External Corrosion Protection of Underground
Steel Storage Tanks”, effective May 1,
1987.
STI,
“Standard for Dual Nail Underground
Steel Storage Tanks”
(1986).
tJL.
Underwriters Laboratories, Inc., Publications
132—7 16
Stock,
-~
r~
r~
~
19
-
312/ 272—8800
~orthbrook, IL
60062
ion 2612 or 2622:
UL
58
--
1985,
“Standard for Steel
Underground Thnka for Flammable and
tomousti..~...~qu1ao~,
Eighth Edition, April
15,
1g86.
Also available from
ANSI.
for Flammable and Combuotibl.c Liquids and LP-
Gas”,
Fifth Edition, March 12,
1984, as
revised September 30,
1985.
Also available
from ANSI.
UL 1316,
“Ctandard for Class—Fiber-Reinforced
Plastic Underground Storage Tanks for
P~trnleum
Pr~iuc±r”.
Fir~
1~dit~inii
.Tu1~’
1
1987
V
,
—.—J
—,
a
a,~
4
1
-~
fl
I
~i
0
~
—
...A
~N.
,..a~.
)
TTt
t.’~.._..S_
yt_
_a
I—
a
——.~‘..——.,
.—~,
Try
a~?A
C603-N85,
ui~.tiu
for Steel Underground
Tanks
LUL
~
Combustible Liquids”, First Edition, Juno,
1985.
UL Canada Standard CAN4-C603.1-H85,
“Standard
for Calvanic Corrosion Protection Systems for
Steel Underground Tanks for Flammable and
Combustible Liquids”, First Edition, June,
1985.
UL Canada Standard CAN4-C615-H83, “Standard
for Reinforced Plastic Underground Tanks for
Petroleum Products”, First Edition, February,
1983.
UL Canada Standard CAN4-C631-H84,
“Standard
for Isolating Bushings for Steel Underground
Tanks Protected with Coatings and Calvanio
Systems”, First Edition,
Hay,
1984.
UL
Canada Standard CAN4-5633-H84, “Flexible
Underground Hose Connectors for Flammable
~nd
Combuctibic Liquids”, First Edition,
.iunc,
1984.
UL Canada Subject C1O7C—M1984,
“Guide for
Class Fibre Reinforced Plastic Pipe and
132—717
20
Fittings for Flamm;
Edition, June,
l9B.~.
ic
Liquids”,
First
~)-~j~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
(1990)
(1991)
40
CFR
280.3
(1987)
(repealed
September
23,
1988)
40
CFR
302.4,
302.5
and
302.6
(1990) (1991)
e-)-~I. This Section incorporates no later editions or
amendments.
Source:
Amended
at
16
Ill.
Reg.
Section 731.114
Marshal is the implementing
aspects of the program.
effective
SUBPART
B:
UST SYSTEMS:
DESIGN,
CONSTRUCTION, INSTALLATION
AND
NOTIFICATION
Section 731.120
Performance Standards for New Systems
(Repealed)
In order to prevent releases due to structural failure, corrosion
or spills and overfills for as long as the
IJST
system is used to
I
—
—
~y~tcms shall
meet
the
following
rcquircrncnta
r,~.._a
à_..._1_
~.L..
_____.__.I__
..._1_.__S
.._S
—,
conatructed, and any portion underground that routinely
contains product must be protected
from
corrosion,
in
-accorcance with a coac of prootioc ctcvciopca by a
nationally recognized association or independent
~‘~1-inglaborator~
‘-‘i
cnccificd below’
2
Implementing Agency (Repealed)
a)
The implementing agency
is the Fire
Marshal
or
the
Agency,
as
speoified
in
this
Part.
b)
Cencrally
the
Agency
iothc
implementing
ageno”
Source:
Repealed at 16 Ill. Reg.
.1
~.....
The
FL.....
gcncy for all other
effective
13 2—7 18
21
-1)
The
tank
is
constructed
of
fiberglass-reinforced
plastic; or
BOARD
NOTE:
The
following
industry
codes,
incorporated by reference in Section 731.113, may
be used
to-
comply with this subsection:
UL 1316;
UL
Canada
Standard
CAN4-S615;
or
ASTH
D4021.
-~
C.
a~~~Uptep
The tank
i~............
sf steel and
~.odicall3
protected in the following manner:
A)
B)
The
tank
is coated
with
a
suitable dielectric
material;
Field—installed cathodic protection systems
arc designed by a corrosion expert;
C)
Impressed current systems are designed to
allow determination of current operating
status as required in Section 731.131(0);
~thodic pr:t~
731.131; or
BOARD
NOTE:
The following codes and
standards,
incorp-ar-ated
by
reference in
Cection 731.113,
may
be
used
to
comply
with
this subsection:
STI-P3; UL 1746;
UL Canada
Standard CAN4-C603,
CAN4-C603.1 and
CAN4-S631i NACE flP0285 or DL
-58.
3)
The
tank
ic constructcd of a
ec.L—cr3o—rcJ.nLorut~a—p.La~L
ic
compositc;
or
BOARD
NOTE:
The following industry codc~,
incorporated by reference in Section 731.113, may
be used to comply with this subsection:
DL 1746
or
ACT-lOG.
4)
The tQnk is constructed of metal without
that:
S
-
S
A)
The tank is installed at
a site that is
determined
by
a
corrosion
cx~crt
not
to
be
corrosive enough to cause it to have a
release due to corro3ion during its operating
life; and
B)
Owners and operators maintain records that
132—719
D)
uiue~~ion
systems are operated and
..
.
nrn
-
.
i,r
~~r~r~j—
uifh
Iirir,
te compliance with
the
tion
(a) (4) (A)
for the
The piping that routinely contai
and ~
1)
The piping is constructed of
fiberglass-reinforcing plastic; or
BOARD
NOTE:
The following codes and standards,
incorporated by reference in Section 731.113, may
be used to comply with this subsoction:
DL 567;
DL Canada Subject C1O7C; DL Canada Standard
CAN4—8633.
S
_-~
_.S..__I
cathodicaily protected in the following manner:
A)
The piping is coated with a suitable
dielectric material;
Field-installed cathodic protection systems
B)
are
designed
by
a
corrosion
expert;
Impressed current systems are designed
to
C)
allow determination of current operating
status as required in Section 731
•
131(c).
i~wuw nuir.~
‘i-nut
rr~i
I
1
nET
r-~nr1r~r.i
~TIti
~
~
~
s-canaar~’~-..ncorporated
by
reference
i.,
Section 731.113, may he used to comply with
this oubrsootion:
NFPA 30;
API
Recommended
Practice 16151 API Rooommcnded Praotiae 1632
3)
The
piping is cons
additional corrosi
that:
ci of
L.
—
,
.....!J_t.~.....J..
—
A)
The piping is
i
.3— _I_
—
_
—
-
__._
_.__
lied at a site
——
_______1_
.I__
__.L.
1__
duct
132—720
corrosion during its operating
22
of subscc
I
2e_
_a
st..
b)
Piping
suestances
properly aosignoa, construotuu
~inu
u~.t~u
trom
corrosion in accordance with a code of practice
developed by
independent
a nationally recognized association or
testing laboratory as specified below!
regulated
arauna
must
be
n_
S_1~~
—
_.L.
UI
Lu..nuuiu
protecLion
oyoccmo
~ro
oporu~ca
~nu
maintained in accordance with Section
731.121;
or
-
S
S
life;
and
1~~~~~~~
23
a)
Spill and overfill prevention equipment.
-3—S
I_s
It..’.
.I__
_._._
-
—I
associated
product transfer to the UCT system,
owners
with
and
operators shall usc the following spill and
overfill prevention equipment:
...
Spill
.
egui~~.~
that will prevent
release of product to the environment when
the transfer hose is detached from the fill
j..dpe
(for example,
a spill oatchment basin);
and
i)
Automatically shut off flow into the
tank when the
tank
is no more than 95
ci)
~‘?~_~__
Thc UST
At__
~
—-
developed
by a nationally rccogni~cdasoociation or
independent testing laboratory and in accordance with
the manufacturer’s instructions.
BOARD
NOTE:
Tank
stem
practices and procedures dcscri.bed in the following
codes,
incorporated by reference in Section 331.113,
may be used to comply with the requirements this
132—72 1
of
subsection
(b) (3) (A)
f
or
the
remaining
life of the piping; or
NFPA 30
and
NACE Rr0169,
by reforonco in Section 731.113,
BOARD NOTE:
incorporated
may be used to comply with this subsection.
A)
4--
II
___S.4
——
_S.
SL....S
....~
II
I
t
—
..._A_
S.. t..
—
S.
——
— —
—
4.-
4
I
I!!:estrlcting the flow into the tanic or
~iggering
a high-level alarm.
full by
spill and and overfill prevention
specified in subsection
(a) (1)
if,
is
filled
by
transfers
of
no
a
..a
....s~.at
I
I
-
__
a
24
subsection:
API
Recommended Practice 1615; PEI/RP100,
or ANSI/ACME B31.3 and B31.4.
e)
Certification of installation.
All owners and
operators shall cnsurc that one or more of the
following methods of certification, testing, or
inspection is used to demonstrate compliance with
subsection
(d) by providing a certification of
compliance on thc UCT notification form in accordance
with Section 731.122.
1)
The installer has been certified by the tank and
piping manufacturers;
or
2)
The installer has been certified or licensed by
the Fire Marshal; or
3)
The
installation
has
been
inspected
and
certified
by a registered professional engineer with
education and experience in UCT system
installation; or
4)
The installation has been inspected and approved
by the Fire Marshal; or
5)
All
work
li~tcd
in
the
manufacturer’s
installation
checklists has been completed.
Source:
Repealed at 16 Iii. Reg.
effective
Section 731.121
Upgrading of Existing Systems
(Repealed)
a)
Alternatives allowed.
Not later than December 22,
1998,
all existing UCT systems must comply with one of
the
following requirements:
1)
New
UCT systom performance standards under Coction
731.120;
2)
The upgrading requirements in subsections
(b)
through
(d); or
3)
Closure requirements under Subpart C, including
applicable requirements for corrective action
under Subpart F.
b)
Tank upgrading requirements.
Stool
tanks
must be
upgraded to meet one of the following requirements in
accordance with a code of practice developed by a
nationally recognized association or independent
testing laboratory:
132—7 22
25
1 lining if
-
——3
—J
A)
The lining is installed in accordance with
the requirements of Section 731.133, and
B)
Within
10 years after lining, and every
5
years thereafter,
the lined tank is
internally inspected and found to be
ructurall” sound with the linino
~~Fi11
.1
S.
C. Chat
.~
a..
.c~
..~
with original design
upgraded by
cathodic protection if the cathodic protectaon
system meets the requirements of Ccction
731.120(a)(2)(B),
(C) and
(D) and the integrity of
the tank is ensured using one of the following
methods:
A)
The tank is internally inspected and assessed
to ensure that the
tank
is structurally sound
and free of corrosion holes prior to
installing the cathodic protection oystcmj or
B)
The tank has been installed for less than 10
years and is monitored monthly for releases
in accordance with Section 731.143(d)
through
(h); or
C)
The tank has been installed for less than 10
years and is assessed for corrosion holes by
conducting two
(2) tightness tests that meet
the requirements of Section 731.143(c).
The
first tightness test must be conducted prior
to installing the cathodic protection system.
The second tightness tc~tmust be conducted
between three
(3) a~
protection system.
1I....I
•
S._.........I..
——3
——---—---~
—
I
£.l..
—
—
S. 1.. _..3
I
—
—
S.
—
I
-3
—
‘
-by
~_
—
~
~
—
S.
-
--
I
——--—--~
A)
The lining is installed in
with
—-3
B)
~
132—7 23
-system meets the
731.120(a) (2) (B),
(C)
26
BOARD
NOTE:
The following
~candara~,
innn~nnr~itrdhu
Section 731.113, may be us
this Ceation:
API
Recoinmo:
NACE flP0285 and.
API
Recom
1632.
a)
Piping upgrading requirements.
Metal piping that
routinely contains regulated substances and is in
...~ontactwith thC
S.
--
~U
~
?LULUULUU
in accordance
~
ü
uuu~
w.
practice developed by a
nationally recognized association or independent
testing. laboratory and must meet the requirements of
Section 731.120(b)(2)(B),
(C)
and
(D).
BOARD NOTE:
The codes and standards listed in the note
following Section 731.120(b) (2) may be used to comply
with this reauirement.
pvc~rfi
.
.
r~ntion
‘jo r~revcn-c
~
assoc...’......’.~.
..a~.LC
proctuct
transfer to the UCT system,
all existing UCT systems
must comply with new UCT system spill and overfill
prevention equipment requirements specified in Section
7~1 1~fl(t~’~
Source:
Repealed at
16 Ill.
Reg.
effective
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.
—ci to comply with
ciodPrziotico 1631
d)
Spill and
spilling
equipment.
4
_4—___~
_.~4
~~1
132—724
27
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 under Section
731.120(e)
2)
Cathodic protection of steel tanks and piping
under Section 731.120(a) and
(b)
3)
Financial responsibility unctcr Subpart H
and
4)
Release detection under Sections 731.141 and
731.142
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 the regulatory requirements—4~
Section 731.120(d).
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:
Repealed at 16 Ill. Reg.
effective
SUBPART
C:
GENERAL
OPERATING
REQUIREMENTS
Section 731.130
Spill and Overfill Control
(Repealed)
a1
Owners
im~ratorsshall ensure tnat releases duo t
132—725
28
spilling or ovcrfilling do not occur.
The owner and
operator shall ensure that the volume available in the
tank is greater than the volume of product to be
transferred to the tank before the transfer is made and
that
the transfer operation is monitored constantly to
prevent ovorfilling and spilling.
BOARD
NOTE:
The transfer procedures described in NFPA
385,
incorporated by reference in Section 731.113, may
be used to comply with this subsection.
Further
guidance on spill and overfill prevention appears
in
API
Recommended Practice 1621 and NFPA Standard 3&.
~d operator shall report,
investigate and
clean up any spills and overfills in accordance with
Section 731.153.
Source:
Repealed at 16 Ill.
Req.
effective
Section 731.131
Operation and Maintenance of Corrosion
Protection (Re~ealed)
i~i~
owners and operators of steel UCT systems iiith corrosion
on shall comply with the following requirements to ensu
..~.
5~eascsdue to corrosion are prevented
f-or as long as the
UST
system
is used to store regulated substances-i~
a)
All corrosion protection systems must be operated and
maintained to continuously provide corrosion protection
to the metal components of that portion of the tank and
piping that routinely contain regulated substances and
arc in contact with the ground.
b)
All UST systems cquipp~
~S.1.._.3I_
qualified cathodic protection teoter
in
accordance with
the following rcquircmentsi
1)
Frequency.
All cathodic protection systems must
1-~r~t
tril
w4t-h-h, ~
mnnf~h~-*nf
in~f~11M-~r~n nr~rI ,i~
-~
‘~—-i~—
4.~r’r-’r~fter;
and
2)
Inspection
criteria.
The criteria that are used
to
determine-
that
cathodic
protection
is
aucquate
as
required
by
this
Section
must
be
in
accordance
with a code of practice developed by a nationally
recognized association.
~uiuw
NOTE:
NA..t RP0285,
incorporates
D~
reference in Cection 731.113, may be used to
comply with oubscction
(b) (2).
132—726
29
c)
UST systems with
systems must also
impressed current cathodic
be inspected every 60 days
protection
to ensure
the equipment
is
running properly.
2)
Tb
-
its of testing
the last two
~ection (b).
Source:
Repealed at 16 Ill.
Req.
effective
Section 731.132
Compatibility
(Repealed)
Owners and operators shall use an UCT system made of or lined
with materials that are compatible with the substance stored in
the UST system.
BOARD NOTE:
Owners and operators storing alcohol blends may use
the following codes, incorporated by reference in Section
731.113,
to comply with the requirements of this Section:
API
Recommended Practice 1626 and 1627.
Source:
Repealed at
16 Ill.
Req.
effective
Section 731.133
Repairs Allowed (Repealed)
Owners and operators of UCT systems shall ensure that repairs
will prevent releases due to structural failure or corrosion as
long as the UCT- 3ystcm is used to store regulated substances.
The
repairs must meet the following requirements:
a)
Repairs to UST systems must be properly conducted in
accordance with a code of practice developed by a
nationally recognized association or an independent
testing lciboratory-L
BOARD NOTE:
The following codes and standards,
incorporated by reference in Section 731.113, may be
used to comply with this subsection:
NFPA 30,
API
Publication 2200; and API Recommended Practice 1631.
b)
Repairs to fiberglass-reinforced plastic
tanks may be
132—727
d)
1L.
mL~
IIL~
~-
~-
t,uin
c~t~Tth*
nf
For UCT syot
j.~
cathodi: protectL~,
the operation of
the cathodic protection must—be
maintained
(in accordance with Section 731.134)
to
demonstrate compliance with the performance standards
in this Section.
These records must provide the
following:
1)
The results of the last three inspections required
in subsection
(c); and
30
made by the manufacturer’s authorized representatives
or in accordance with
a code
of practice developed by a
nationally recognized association or an inacpcnaent
testing laboratory.
sections and fittings that
hr~yC
released
product as a result of corrosion or other damage must
hr~rr-n1ac~d.
Fibera1~iririr~irn~-r~
arid
fittings may be
d)
Repaired tanks and piping must be tightness tested in
accordance with Section 731.143(c)
and Section
731.144(b) within 30 days following the date of the
completion of the repair except as follows:
1)
inspected in
I
~~.ire&
~
~.
..~ccordanccwith a code of practiu~acvci.opca by ~
nationally recognized association or an
independent testing laboratory;
or
I
S.
L.
S
—
—
— — S. 1...
—
.C
—
1
1
of the UCT system i3
S. t_
—
.I
I
—
—
~
1
S.
—
.....L.
—
21
—
—
—
—
S.
—
5.1...
.L
~
~1
t-~.-~
4—~-.4r.,...4
4
Cection 731.131(b)
and
(a) to ensure that it is
operating properly.
f)
UCT
system owners and operators shall maintain records
of each repair for the remaining operating life of the
UST system that demonstrate compliance with the
requirements of this Section.
Source:
Repealed at
16 Ill. Reg.
Section 731.134
effective
shall cooperate fully with
~ucted by the Fire
a)
Reporting.
following
and operators shall su~
.on to the Fire Marshal
132—7 28
.it the
c)
Metal pipe
S
..1S.t.
S.t.
2)
The repaired portion
-
~1--
-~~-
mc~nitfl~~d
mrm-i
(h)-.
a nicthod spcciiica
afl
~cction 731.143(d)
through
‘‘1
LO~
rc.~.ca~c~
in accoraunor~
~rit~h
Reporting and Recordkeeping (Repealed)
Pursuant
to Section 4(d)
of the Act and Section 4(d)
of the
~1ii~r Ac±(111.
fl~v..
Ft~t.. 1!)R7..
nh.
127
1/2.
n~r.
1S4(d~
irm!’
mr~n~rning
~.1
or Agency, as well as
requests
for document submission, testing
nnd
mnnitnrinri
hu-
thr~ntzni’~
nr nnr~rr~tnr.
31
1)
Notification for all UST
731.122), which includes
installation for new sysi
—J———.~.—
‘——
ccrtificati
(Section 731.l20(e))~
2)
Reports of all releases including suspected
rcloa3cD
(Section 731.150), GpillS and ovcrfili3
731.161)
,
I
Corrective action
1.....1S.S...I
t.....L.___S.
or taken including
(Section 731.162),
arounawater cleanup
-
~Inu
corrective action plan
3)
Documentation of UST system repairs
(Section
731.133(f));
4)
Recent compliance with release detection
requirements
(Section 731.145); and
5)
Results of the site investigation conducted at
pcrmancnt closure (Cection 731.174).
a)
Availability and Mgi
operators
_1~_11
___________
1)
At the UST ~itc and immediately available for
...nspcction by the Fire narshal or Agency
2)
At a readily available alternative site and be
provided for inspection to the Fire Marshal or
Agency upon request.
BOMW NOTE:
In the case of permanent closure
4
‘7
‘~
I
I
‘7A
-a--
required under
132—7 29
,
________
~
~
4n._~tigati~of soil and
(Section 731.16C~
,
(Section 731.166); and
~)
A notificati.....
ngc-in-scrvice (Sectic
.—.I
731.171)
1)
AcOrrO3iOflcxpCrt’saflaly2isofsitc
(a) (4) and
(b) (3)
2)
Documentation of operation of corrosion protection
equipment (Section 731.131)
wi.ii.
~i
~
tht~
r~E(~!(JL---
—of
Records.
Ow
m~srequired
-
I
s and
.~tner
i
32
21
.3
S. L.
—
—
.fl.3
.2
S.
I
— —
—
I
Marshal if they cannot be kept at the site or an
alternative site as indicated above.
Source:
Repealed at 16
Ill. Reg.
effective
SUBPART D:
RELEASE
DETECTION
Section 731.140
General Requirements for all Systems
(Repealed
-and existing UCT systems
._1
~
~ ~thods,
~
shall provide a mctnoa,
or
uoiiwinac.ion
oi
release detection that:
1)
Can detect a release from any portion of the tank
and the connected underground piping that
i~outinclycontains product:
2)
Is installed,
calibrated, operated and maintained
in accordance with the manufacturer’s
instruotions, including routine maintenance anu
service checks for operability or r
cond..~...on
-
Meets
the performance i~guircmentsin Sections
731.143 or 731.144, with any performance claims
and their manner of determination described in
writing by the equipment manufacturer or
installer.
In addition, methods used after
December 22,
1990, except for methods permanently
installed prior to that date, must be capable of
detecting the leak rate or quantity specified for
that
method in Section 731.143(b),
(a) and
(d)
or
Section 731.144(a) and
(b), with a probability of
d-etcction of 0.95 and a probability of false alarm
of 0.05.
~)
When a release detection method operated in accordance
with the performance standards in Cection 731.143 and
731.144 indicates a release may have occurred, owners
and operators shall notify ECDA in accordance with
Subpart E.
e-)
Owners and operators of UCT systems shall comply with
the release detection requirements of this Cubpart in
accordance with the following schedule:
.‘
~
For a~
...zcd pipir~as -defined in
‘~
7-31.141(b) (1), by December 22, 1990.
132—730
Owners and operatoroof
_~
1)
33
2)
For tanks and suction piping in accordance with
Section 731.141(a), 731.141(b) (2) and 731.142 for
tanks:
A)
With an
unknown
installation date,
by
December 22,
1989.
B)
Installed before 1965, by December 22,
1989.
C)
Installed in 1965 through 1969,
by December
22,
1990.
D)
Installed in 1970 through 1974, by December
22,
1991.
E)
Installed in 1975 through 1979, by December
22,
1992.
F)
Installed in 1980 through December
22,
1988,
by December 22,
1903.
—
—
—
S.
—
I
I
—
—
CS.
—
fl
—
d)
Any existing UCT system that
~eleaso detccti~
C
5.1.I
f~)1~~
Vfl 1 ~
1.111
Source:
Repealed at 16 Ill.
Reg.
applyainthod
of
Section 731.141
Petroleum Systems
(Repealed)
eum
UCT systems oh~
d piping as follow:
‘-‘I
must be monitored at lcast every 30 days
for releases usiny onc
OL tnc me~nou~ ii~t.cu in
t~cotion
731. 143(d) through
(h) except that:
1)
UCT
systems that meet the performance standards in
F~*irrn
‘71112fl
rn- F~i-rf~inn‘7~11~1
~nt~
t~hr-~
monthly inventory control requirements in Section
731.143(a)
or
(b), may use tank tightness testing
(conducted in accordance with Section 731.143(c)
at least every
5 years until December 22,
1998 or
until 10 ycaro ~ftcr the tank io installed or
later.
132—73 1
~—/ i
Subpart C by
I~F~T
must
the date
compicte
cnc
on which
ciosure
prru-r~nh1rr’~
release ae’ccction is
required for that UCT system under subsection
(a)
.
effective
lease detection for tanks
34
rith Section 731.143(a)
or
(b)) and
annual tank tightness testing
(conducted in
accordance with Section 731.143(c))
until December
22,
1998, when the tank must be upgraded under
Section 731.171; and
.1
Tanks with
weekly tank
4
—
I
S.ye.C
1S
—
—
I
I
1.143(b))
I
———
——
b)
Piping.
Underground piping that routinely contains
reyuiui..~u
L3urJ~JL3nuc~wuuL.
iJ~
iuonitOreu
.L1.JL
LL~1rJCO
hi
a manner than meets one of the following requirements:
ized piping.
Undcrg:
~
A)
Bc equipped with an automatic line leak
detector conducted in accordance with Section
731.144(a); and
R)
I-Trwt-
r~n
annual
1inc~1~
hfne~v~ tt~’r~t
conductr’rl
in accordance with Section 731.144(b)
or have
monthly monitoring conducted in accordance
with Section 731.144(c).
132—732
2)
UCTsyctcmD
—
__S.t_I
......S.
—
..S..........
I
do not meet the performance
ion 731.120 or 731.121, may use
substances under pressure must;
2)
Suction piping.
Underground piping that
regulated substances under suction must
conveys
either
have a line tightness test conducted at least
accordance with Section
every
3 ~
and in
73-1.144(b,,
~
method
conduct in accordance with Section 731.144(c).
No
release detection is required for suction piping
that is designed and constructed to meet the
following standards s
A)
The
below-grade
piping operates at less than
atmospheric
pressure;
B)
The below-grade piping is sloped so that the
contents of the pipe will drain back into the
storage tank if the suction is released;
C)
Only one check valve is included in
each
suction line;
D)
The check valve
is located directly below and
ugh
(b) (2) (D)
Source:
Repealed at 16 Ill.
Reg.
Section 731.142
effective
Owncrs and opcratof3of h~
S.l~S.~
~b~n~I
,._I
—
I
1
tionatcxictingUcToyctcmo
rnuot
a.
S
a.
~an~a
£ ..a
a. ~Ja.
1s~
~..a.
~.J.a~xan1
~,ta
a.
~Att~JS1~
~
l.
... S S.lfl
731.141.
By December 22,
1998,
all existing hazardous
substance UST systems must moot the release detection
rcquir
1
—
—
—
—
.~ ._S.
—
....S.
.1
.S.
~
tS.~
constructed and installed to:
must be design
A)
Contain regulated substances released from
the
tank
system until
they
arc detected and
removed;
B)
Prevent the release of regulated substances
t~ri +hr’
r~rn~jro~~pnt
-~
~
1~ms- fi11rir~rf+~r
operational life of the
TJST
system; and
—
— 1_
—
_1_
—
.1
—I
every 30 days.
fl~~flflfl
t,amn
..r
rI
1
.
.S_
_.3_
~‘~~.1
2)
Double walled
tanks
and installed to:
be designed, constructed
,
~
~~1
inner tank within the out
wall;
and
fl
*
t
—
S.
—
.....S.
S. t..
—
.t
—
.2
1
—
—
_
—
—
.e
.L.
L..
—
I
II
3)
External liners
(including vaults) must be
d~ianed.
cnn~tructed
and installed
to~
—
a
—
—
— —
132—733
35
aft4
E)
A method is provided that all
.1
(b) (2) (B)
th
Hazardous Substance Systems
(Repealed)
36
A)
Contain 100 percent of the capacity of the
larriost tank within its boundary;
~)
Prevent the interference of precipitation of
groundwater intrusion with the ability to
contain or detect a release of regulated
substances; and
C)
Curround the tank completely
(i.e.,
it is
capable of preventing lateral as well as
I
——
I
—
.2
S.
.1
——
—
.c
eg~~
I
— S.
—
.3
_~t..
.....S.
— —
—
—
4)
Underground piping must be equipped with secondary
containment that satisfies the requirements of
subsection
(b) (1)
(e.g., trench liners, jackoting
of double walled pipe).
In addition, underground
piping that conveys regulated substances under
~-tcssuremust be equipped with an automatic line
detector in accordance with Cecti.~.~
eak
731.144(a).
Source:
Repealed at
16 Ill. Reg.
Section 731.143
Tanks (Repealed)
Each
method of release
requirements of Scctio:
with the following:
detection for tanks
-7
‘14
1
4
—-
— S.
‘I...
—
—
—.
to meet the
.1
—
—
control
(or
~
cquivalcnt pcrrormcince) muot be
OuIluuOL.t.2u luunL.n.Ly
1.0
uCtOOt
a rcic~.iu ui.
at..
i0~LL~L
j.
•
u
percent of flow-through plus 130 gallons on a monthly
basis in the following manner:
1)
Inventory volume measurements for regulated
substance inputs, withdrawals and the amount still
remaining in the
tank
are recorded each operating
day;
2)
rhc equipment used is capable of measuring the
level of product over the full range of the tank’s
height to the nearest one-eighth of an inch;
‘~r~
receipts my measurement of the tank
inventory volume before and after delivery,
extends to within one foot of the
tank
bottomy
132—734
effective
3
3)
regulated substance inputs arc reconciled
with
37
5)
Product dispensing is metered and recorded within
an accuracy of
6 cubic inches for every
5 gallons
of product withdrawn; and
BOARD NOTE:
Metering of petroleum products is
regulated by the Illinois Department of
Agriculture pursuant to Sections 8 and 43 of the
Wrirthl-’,.
‘mn
F~truir~rrir*
Ar+
(ill.
T~r’~~
P1”~t..
1~7..
oh.
147 pars.
108 and 143) and
8 Ill.
Adm.
Code
600.120 and 600.650 et seq.
In that these
rc~rm1r~tinnnun
noti
crnccify the accuracy
of
to using
certification of meter
this Section.
~y prior
6)
The
measurement of any water level in the bottom
of the tank is made to the nearest one-eighth of
an inch at least once a month.
BOARD
NOTE:
Practices described in the
API
Recommended Practice 1621,
incorporated by
reference in Section 731.113, may be used, where
applicable,
as
guidance
in meeting the
requirements of this subsection.
Nanuai.
tanx
‘1~
following
rcq~
removca rrom the tank
~1
....~-
1.....-..4-~.
~
.~,...,.4
and ending of the period
.2
the full
height to the nearest one-eighth of an inch
~
I
..~1..
2
~
~d
and
~j~1
S.....
Neminal Tank
Capac
±
ty
(Callonc)
132—735
——I
1)
Tank
liquid lcvcl
beginning and
r~ndinrz
measurements are
of a pcri~’
taken at
I
the
hours during wnicn no liquid
i
~s
1.
_.....I
4+
table:
rcguircmcn1o
Ui
c~uz~paz~.
.t~ ii cnc
‘IariuL..I.on
DuL.WCUfl
beginning and ending measurements exceeds the
weekly
or monthly standards in the following
I..S.1
~
38
550
lcsolO5
551 to
iuuu
.i~,
lflfli
~ri
~flOO
~i
5)
Only
tanks
of 550 gallons or less nominal capacity may
use this as the sole method of release detection.
Tanks of 551 to 2,000 gallons may usc the method in
place of manual inventory control in Section
731.143(a).
Tanks
of greater than 2,000 gallons
nominal capacity must not usc this method to meet the
requirements of this Cubpart.
accountins
-
while
‘~,
for the
or contraction of the pr
S.
S.
1.. I
d)
Automatic tank gauging.
Equipment for automatic tank
gauging that tests for the loss of product and conducts
inventory control must meet the following requirements:
1)
The automatic product level monitor test can
detect a 0.2 gallon per hour leak rate from any
portion of the tank that routinely contains
product; and
-~-
control
(or another test or ~
--
—-“4valent
~......a.f
orman~....—i.~
.~.n-....
~
.....
~
~
.~._
..1
th
the
requirements of Cection 731.143 (a).
c)
Vapor monitoring.
Testing or monitoring for vapors
within the soil gas of the excavation ~onc must meet
the
following rcquirements:
4eI
porous
(e.g.,
gravel,
sand,
cr
readily allow diffusion of yap.
into the excavation area
a tracer
is not
DV
by the gr
132—736
c)
Tank tightness
another test of
testing.
Tank
tightness testing
equivalent performance) must
(or
be capable
of detecting a 0.1 gallon per hour leak rate from any
r~ort4rinof
thr’
-~mkH~~t
routinely contains product
cxoanoi~,..
crrccts
.-
—
a
2)
1)
The mater
used
backfill
icicntl~
edc
I
.~.
-
-
2)
The
stored
regulated
substa
ouffioicntly volatile (e.g.,
gaaoiinc) to result
in a vapor level that is detectable by the
monitoring devices locatcd in the excavation none
in the event of a release from the
tank;
39
interferences so that a release could go
undetected for more than 30 daysf
4\
The level of backgrouna contamination in
excavation zone will not interfere with the method
used to detect releases from the
tank;
5)
mc -vapor monitors arc desianc~nand nn~ratcdto
detect any significant increase in oonccntration
above background of the regulated substance stored
in the
tank
system,
a component or components of
that substance,
or a tracer compound placed in the
tank system;
6)
In the UCT excavation zone,
the site is assessed
to ensure compliance with subsection
(c) (1)
through
(c) (4) and to establish the
number
and
positioning of monitoring wells that will detect
releases within the excavation zone from any
portion of the tank that routinely contains
rn-pdupt:
and
7)
Monitoring wells are clearly marked and secure.
avoid unauthorized access and tampering.
f)
Groundwater monitoring.
Testing or monitoring for
Lu-~~
on tnc groundwater must meet the following
rcauiremcnts:
1)
The regulated substance stored is immiscible
i
water ana nas a speciric gravity of less than
2)
Croundwater is never more than 20 foot from the
ground surface and the hydraulic conductivity of
the
soils
between
the
UCT
system
and the
monitoring wells or devices is not less than 0.01
pin/sec.
(e.g.,
the soil must consist of gravels,
coarse to medium sands,
coarse silts or other
permeable materials);
3)
The ,lotted
~
of the ~
well czisi-ng
must be designed to prevent migration of natural
soils or filter paok into the well and to allow
entry of regulated substance on the water table
into the well under both high and low groundwater
i~nnditinn~
4)
Monitoring wells must be sealed from the ground
surface to the top of the filter pack;
~j
Monitoring wells or acviccs incerccp
132—737
40
excavation zone or ar
technicaily feasible
S.....
I
S.
nitoring devices
methods used can detect the presence of at least
one-eighth of an inch of free product on top of
the groundwater in the monitoring wells;
w.t’...uifl
Cflu
i
uUu.L~1Luiy
1,e.LUw
LLIL1
Ur..1
excavation zone,
cnc
site
is ase050cu to ensure
compliance
with
the
requirements in subsection
(f) (1) through
(f) (5) and to establish the number
and positioning of monitoring wells or devices
that
will detect releases from any portion of the
tank that routinely contains product; and
8)
Monitoring wells are clearly marked and secured to
avoid
unauthorized access and tampcring--
stitial monitoring.
-
T1c.m
~
between
~....C
~.a.
~
anu a seoonaary barrier
immediately around or beneath it may be used, but only
if the system is designed, constructed and installed to
detect a leak from any portion of the tank that
routinely contains product and also meets one of the
following requirements:
1)
For double—walled UCT systems, the sampling or
testing method can detect a release through the
-inner
wall in any portion of the tank that
~eutinely contains product;
BOARD
NOTE:
The provisions outlined in CTI,
“-Standard for Dual Wall Underground Storage
Tank”,
4ncorporatcd by reference in Section 731.113, may
be used as guidance for aspects of the design and
construction of underground steel double—walled
tanks.
2)
For UCT systems with a secondary barrier within
the excavation zone,
the sampling or testing
method used can detect a release between the UCT
system
and the secondary barrier;
system consists of artificially
constructed material that is sufficiently
thick
and
impermeable
(at
most
0.000001
cm/sec
(ten
to
the
minus
six)
for
the
regulated
substance
stored)
to
direct
a
release
to
the
monitoring
point
and
permit
its
detection
132—73 8
rir~
nrni.inti or
h.nnoath th~
“1-
~.I
S.1._
2
.3
.2
~~.3
.2
— S.
— I
——
1... — I
——
—
S.1..
—
—J
A)-
The secondary
n
Tr~,m
~-
41
B)
The
barrier is compatible with the -regulated
substance stored so that a release from the
UCT system will not cause a deterioration of
the barrier allowing a release to pass
through undetected;
C)
For cathodically protected tanks,
the
secondary barrier must be installed so that
it does not interfere with the proper
operation of the cathodic protection sy~tom;
fl)
groundwater. soil moisture or rainfall
.
I.!
will not render the tc~ting
or camp
m~-t..uuu uut..u iiiup~L-uL.ivuso
iu.~... a release
could go undetected for more than 30 days;
barri~a.
to ensure that the
Monitoring well
.1
c~.arla
..._1_.3
__.3
tampering-L
3)
rti
with an internally
S.1.
-
inner wall of the tank and the liner,
and the
liner is oom~atiblcwith the substance stored.
Ua1,~
1:~~iT1
._.S.1....~
—.~
____,
3._S.
—
....S.
.1
by the Fire Marshal ~~—it~ use to
the protection of human health and the
13 2—739
E)
The site is
for use under such
~cS-a.J
groundwater and not in a 25—year flood plain,
unless the barrier and monitoring designs are
S. t
1)
It can detect a 0.2 gallon per hour leak rate or a
release of 150 gallons within
a month with a
probability of detection of 0.95 and a probability
of false
alarm
of 0.05;
or
2)
The Fire Marshal shall approve by permit condition
another method if the
owner
and operator
demonstrates that the method can detect a release
as effectively as any of the methods allowed in
subsection
(a) through
(h).
In comparing methods,
the Fire Marshal shall consider the size of
release that the method can detect and the
frequency and reliability with which it can be
detected.
If the method is approved, the owncr
and operator shall comply
tr~t~ih
any c~nnc1it~inn~
imposea
-
ensure
42
Source:
Repealed at 16 Ill. Reg.
Section 731.144
Piping (Repealed)
effective
Each method of release
requirements of Cectiol
with the following.
Letection for piping
-7-al.14l must be coni
ed to
in accor
a)
Automatic line loak detectors.
A method which alerts
the operator to the presence of a leak by restricting
or shutting off the flow of regulated substances
through piping or triggering an audible or visual alarm
may be used only if it detects leaks of
3 gallons per
hour at 10 pounds per square inch line pressure within
1 hour.
An annual test of the operation of the leak
detector must be conducted in accordance with the
manufacturer’
a
requirements.
b)
Line tightness testing.
A periodic test of piping may
be conducted only if it can detect a 0.1 gallon per
hour leak rate at one and one—half times the operating
pressure.
a)
Applicable tank methods.
Any
of the methods in Ccction
731.143(c)
through
(h) may be used if they arc designed
to detect
a release from any portion of the underground
piping that routinely contains regulated substances.
Source:
Repealed at 16 Ill. Reg.
effective
Section 731.145
Recordkeeping
(Repealed)
—
—
_J
sance
applicable requirement
include the following:
ahai1
flI~-.a.
-e~?--thisCubpart.
~,
4
cords
in
~
.,44.1..
...‘11
a)
All written performance claims pertaining to any
release detection
system
used,
and the manner in which
these claims havo been justified or tested by the
equipment manufacturer or installer, must be maintained
frn-
ç
~
.1
b)
The results of any sampling, testing or monitoring
be maintained for at least
1 year,
except that the
must
results of tank tightness testing conducted in
accordance with Cection 731.143(0) must be retained
until the next teat is conducted;
and
Written documentation of all calibration, maintenance
a)
132—740
43
and repair of release detection equipment permanently
located on-site must be maintained for at lca~tone
year after the servicing work is completed.
An~j
schedules of required calibration and maintenance
provided by the
rd
manufacturer
~t
I__s.,
I
....S.
detection equipment
be retained for 5 years from the date
Source:
Repealed at 16
Ill.
Reg.
effective
SUBPART
E:
RELEASE REPORTING,
INVESTIGATION
AND
CONFIRMATION
Section 731.150
Reporting of Suspected Releases
(Repealed)
any
of
the following
—4
_t.
—
I
I
—
_S.
S.
—
.1.. I_
—
fl
nn
I
~
Operators
or
othcr3of
reicuseu
reguiateu
~u~~anu~
at.
t.iie u~.i ~iLC
or in
t.iie
surrounding area (such as the prcsencc of free product
or vapors in soils, basements,
sewer and utility lines
or nearby surf~cir
untr~r..
.1
operating conditions
ot
operators (such as the erratic behavior of product
dispensing equipment,
the ~uddcn.loss of product from
the
TJST
system or an unexplained presence of water
in
the tank),
unless system equipment is found to be
defective but not leaking, and is immediately repaired
~c~n1~iccd;and,
der Section 731.141 and
ion
731.142
indicate a release may have occurred unless:
of data
~
not ~
the initial
a.~4.
effective
Investigation due to Off-site Impacts
1Re~ealed)
132—741
a)
The di3covcr~
-
1
~2
.sa.
.1~
-r
1)
The
monitoring device is found to be defective,
and is immediately repaired, recalibrated or
replaced, and additional monitoring does not
confirm
the initial result;
or
2)
In the case of inventory control,
a second month
Source:
Repealed at 16 Ill. Reg.
Section 731.151
44
When required by the Fire Marshal, owners and operators of UCT
systems shall follow the procedures in Section 731.152 to
determine if the UCT system is the source of off-site impacts.
These impacts include the discovery of regulated substances
(such
as the presence of free product or vapors in soils, basements,
sewer
and utility lines or nearby surface and drinking waters)
that has boon observed by the Fire Marshal or brought to its
attention by another person.
The Fire Marshal shall require ouch
an investigation by way of a letter or an oral order followed by
a -written confirmation.
Source:
Repealed at 16
Ill.
Reg.
effective
Section 731.152
Release Investigation and Confirmation
(Repealed)
Unless corrective action is initiated in accordance with Subpart
F, owners and operators shall immediately investigate and confirm
all
suspected releases of regulated substances requiring
reporting
under Section 731.150 within
7
days,-
using the
following stepsi-
.3
_3,,__4-
4-4-..
~~1
(according to the requirements for tightness testing in
Section 731.143(0)
and Section 731.144(b))
that
determine whether a leak cxi~tsin that portion of the
tank
that routinely contains product,
or the attached
delivery piping,
or both.
1)
Owners and operators shall repair, replace or
upgrade the liST system, and begin corrective
action in accordance with Subpart F if the test
results for the system, tank or delivery piping
indicate that a leak exists.
a
sa..
..a.~a.
SAL
V ~.
~.5gat
is..,
is not
a.
~~jsa4fl..s.a
jf
the
results for the system, tank and delivery piping
do not indicate that a leak exists and if
environmental contamination is not the basis for
suspecting a release.
test
3)
Owners and operators shall conduct a site check as
described in subsection
(b)
if the test results
for the system, tank and delivery piping do not
indicate that a leak exists but environmental
contamination is the basis for suspecting
a
release.
‘
•~‘.•
..-4—
~
~
.2
...
.-n~4- 4
A.)
b)
Cite check
—
d operators shall measure for the
‘~
~~amination
is mo3t
13 2—742
45
sample types,
sample locations and measurement methods,
owners and operators shall consider the nature of the
stored
substance, the
type
of initial alarm or cause
for suspicion, the
type
of backfill, the depth- of
groundwater and other faotora appropriate for
identifying the presence and source of the release.
1)
If the test results for the excavation zone or the
liST site indicate that a rclcasc~has occurred,
owners and operators shall begin corrective action
in accordance with Subpart F;
-2-)-
Ifthetest
liST site do not indicate that a release has
occurred,
further investigation is not required.
~i-~
frn-
~hr-
excavation zone ~
effective
Reporting and Cleanup of Spills and Overfills
(Repealed)
a)
Owners
and operators of UST systems shall contain and
immediately clean
up a
spill or overfill and report to
the Fire Marshal within 24 hours,
and—bcgin corrective
action in accordance with Cubpart F in the following
cases:
1)
Spill or overfill of petroleum that results in a
release to the environment that exceeds 25
gallons, or that causes a sheen on nearby surface
water;
and
.
rn-
twt~rf
ill
nf
a
hazardous
~nh~an~r
that
.....1
-&p4::.:.
results
j.1
a....s~35C
to the environment that
equals or exceeds its reportable quantity under
40
G-H~302.4 and 302.5,
incorporated by reference in
Prt~tinr~711111.
b)
Owners and -operators of UCT systems shall contain and
immediately clean up a spill or overfill of petroleum
that is leso than 25 gallons, and a spill or overfill
of a hazardous substance that is less than the
reportable quantity.
If cleanup cannot be accomplished
within 24 hours,
owners and operators shall immediately
notify
ECDA.
BOARD
NOTE:
Under 40 CFR 302.6 and 355.40,
ni-at~d
by reference in Section 731.113,
a release
‘
te-
of
itn
repo~
~
~
..ity
~
~
be ~
(rather than within 24 hours)
to the National Response
13 2—743
hazardous substance
eaua5
..
flu:Int
cxccs.~.
—
~
immea ~
Source:
Repealed at 16 Ill. Reg.
Section 731.153
-~
C.
46
Center (800/424—8802).
In addition,
35
Ill.
Adin.
Code
750.410 requires notification ot tnc
LtIJA
(800/782—7860)
Source:
Repealed at 16
Ill. Reg.
effective
SUBPART F:
RELEASE RESPONSE
AND
CORRECTIVE
ACTION
Section 731.161
Initial Response
Upon confirmation of a release in accordance with Section 731.152
or after a release from the liST 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 the ECDA~ (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.
effective
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
132—744
47
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, 7257 ~
807 and 80~through815.
5)
Measure for the presence of a release where
contamination is most likely to be present at the
liST site, unless the presence and source of the
release have been confirmed in accordance with the
site check—required by Section 731.152(b)
or the
closure site assessment of Cection 731.172(a).
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.
effective
SUBPART
G:
OUT-OF—SERVICE
SYSTEMS
AND CLOSURE
Section
731.170
Temporary Closure
(Repealed)
a)
When an UST sy3tcm is temporarily closed,
owners and
operators
ui..iii.
i.~uiit.inuoup~LuLion
uitu
muintenance of
corrosion protection in accordance with Section
731.131, and any release detection in accordance with
Subpart D.
Subparts E and F must be complied with if a
release is suspected or confirmed.
However, release
detection is not required as long as the UCT system is
empty.
The liST system is empty when all materials have
been removed using commonly employed practices so that
no more-than 2.5 centimeters (one inch)
of residue, or
0.3 percent by weight of the total capacity of the
liST
~j~ifr’m
rr~main
in fhr~
~iyrtt~r~m_
—J
—
——---,
.1
b)
When
an
liST
system is temporarily closed for
3 months
or more,
owners and operators shall also comply with
132—745
48
the following requirements!
1)
.~..cavevent .Linea open and functioning, and
.)
Cap
anu
secure
au.
otner
jingo, pumps,
manway
ancillary equipment.
e-)~
When
an UCT system is temporarily closed for more than
12
months, owners and operators shall permanently close
the UCT system if it does not meet either performance
standards in Section 731.120 for new UCT systems or the
upgrading requirements in Section 731.121, except that
the spill and overfill equipment requirements do not
hn~..rr’
1r.
hr’
met.
~_.
anti
~
rthrill
ocrmancntl”
—
close the substandard UCT systems at the end of this
12-month period in accordance with Ccction 731.171
through Section 731.174.
Source:
Repealed at 16 Ill. Reg.
effective
Section
731.171
Permanent Closure and Changes—in—service
(Repealed)
a)-
At least 30 days before beginning either permanent
closure or a change-in—service under subsections
(b)
or
(e), owners and operators shall notify the Fire Marshal
of their intent to permanently close or
make
the
change—in—service, unless such action is in response to
corrective action.
The required assessment of the
excavation zone
under
Section 731.172 must be performed
after notifying the Fire Marshal but before completion
of the permanent closure or
a change—in—service.
b-)-
To permanently close a tank,
owners and operators shall
empty and clean it by removing all liquids and
accumulated sludges.
All tanks taken out of service
permanently must also be either removed from the ground
or filled it with an inert soild material.
e-)-
Continued use of an UCT system to store a non—regulated
substance is considered a change—in-service.
Before
a
change-in-service,
owners and operators shall empty and
clean the tank by removing all liquid and accumulated
sludge and conduct a site assessment in accordance with
Section 731.172.
BOAflD
NOTE:
The
following cleaning and closure
procedures,
incorporated by reference in Section
731.113, may be used to comply with this Section:
API
Recommended Practice 1604;
API
Publication 2015;
API
Recommended Practice 1631.
NIOCH Publication No.
132—746
—
——
1
-
.1-
49
presence of a release where contamination is most
likely to be present at the UCT site.
In selecting
sample types,
sample locations and measurement methods,
owners and operators shall consider the method of
closure,
the nature of the stored substance,
the
type
of backfill, the depth to groundwater and other factors
appropriate for identifying the presence of a release.
The requirements of this Section are satisfied if one
of the external release detection methods allowed in
Section 731.143(e)
and
(f)
is operating in accordance
with the requirements in Section 731.143 at the time of
c~1o~urr.
rind indie~itr~nn
r~1
~ii~c~
har~
oflcurrr~d.
b)
If contaminated soils, co~
product as a liquid or va~
subsection
(a),
or by any
OpCrT~
-----—
—,--—,
S
with
aminated groundwater or free
r is discovered under
—--—---—
Source:
Repealed at 16 Ill.
Reg.
Section 731.173
132—747
effective
Source:
Repealed at 16 Ill.
Reg.
effective
Section 731.172
Assessing Site at Closure
or
Change-in-Service (Repealed)
.1 ~
Previously Closed Systems
(Repealed1
When directed
by the Fire
Marshal, the owner and operator of an
UCT
system
permanently closed before December 22,
1088,
shall
assess the excavation zone and close the UCT system in accordance
with this Subpart if releases from the liST may,
in the judgment
of the Fire Marshal, pose a current or potential threat to human
health
or
the environment.
Source:
Repealed at 16 Ill.
Reg.
effective
Section 731.174
Closure Records
(Repealed)
Owners and operators shall maintain records in accordance with
r~+rrn
7~11~tLfhnt~
r~r~
r~nh1.~
nF
tir~mrrn-~i-r-n
-
closure
requirements
under
this
Subpart.
The
results
of
the
excavation zone assessment
required in Cectin 731.172 must k~e
maintained for at least
3 years after completion of permanent
Till
COfl~.L
ancc with
50
closure or change-in-service
±n
one
of
the following ways:
a)
By the owners and operators who took the
liST
system out
of ocrvice;
b)
Pu
ths-~
nui-rr’nti
nt.mr~i-ri
anti
operators
of
the
liST
ciy’~tr’m
—J
site;
or
a)
By mailing these records to the Fire Marshal if they
cannot be maintained at the closed facility.
Source:
Repealed at 16 Ill. Reg.
effective
SUBPART H:
FINANCIAL
RESPONSIBILITY
Section 731.190
Applicability (Repealed)
a)
This
Subpart
applies
to
owners
and
operators
of
all
petroleum
UST
systems
except
as
otherwise
provided
i~
this
Section.
b)
Owners
and
operators
of
petroleum
liST
systems
are
subject
to
these
requirements
if
they
arc
are
in
operation
on
or
after
the
date
for
compliance
established in Section 731.191.
c)
State and federal government entities whose debts and
-4abilitics
arc the debts and liabilities of the Ctatc
of the United Ctates are exempt from the requirements
of this Subpart.
d)
The
requirements
of
this
Subpart
do
not
apply
to
owners
and operators of any UCT system described in Section
731.110(b)
or
(c).
c)
If the owner and operator of a petroleum underground
stora;c~
tank
arc
aeDar’~’
nersono.
required to demons
however, both parties arc
~
iii
~veiii..
vi.
noncompliance.
Regardless of which party complies, t
date set for compliance at a particular facility is
determined by the characteristics of the owner as oct
forth in Section 731.191.
Source:
Repealed at 16 Ill. Reg.
effective
Section 731.191
Compliance Dates
(Repealed)
Owners of petroleum underground storage tanks arc required to
comply with the requirements of this Subpart by the following
132—748
only
one
~rson
i~
trato
fin~irioial
rcsponciibility
dates:
51
a)
All petroleum marketing
firms
owning 1,000 or more UCTs
and all other UST owners that report a tangible net
worth of $20 million or more to the U.S. Securities and
Exchange Commission
(eEC), Dun and Bradotrect,
the
Energy Information Administration or the Rural
Electrification Administration:
January 24,
1989,
except that compliance with Section 730.194(b)
is
required
by:
July 24,
1909.
b)
All petroleum marketing firms owning 100 through 999
liSTs:
October
26,
1989.
c)
All petroleum marketing
firms owning
13
through 90
liSTs
at more than one facility:
April
26,
1091.
d)
All petroleum UCT owners not described in subsections
(a),
(b) or
(a), excluding units of local government:
October 26,
1091.
e)
All units of local government:
one year after the date
of adoption by
the
Board of additional mechanisms for
iiar~ ht’
unit~
of local government to comply with
-
responsibility requirements for pctrol..~...
—J
f
inane
ia-.
UCTs.
Source:
Repealed at 16 Iii. Reg.
effective
Section 731.192
Definitions (Repealed)
given below:
lift
——
a
__...S....
1
I
—
—
—
—
ii
any
release of petroleum from an underground storage tank
that results in a need for corrective action or
compensation for bodily injury or property damage
neither expected nor intended by the tank owner or
operator.
“Bodily injury” means bodily injury, sickness or
dificase
flu~tainr~tih~a
person, including ti~ath
resulting from any or tncsc at any time.
However,
this
term does not include those liabilities which,
consistent with standard insurance industry practices,
arc excluded from coverage in liability insurance
policies for bodily injury.
BO2~~RD
NOTE:
Derived from 40 CFR 280.92,
as adopted at
53
Fed.
Reg.
43370,
October 26,
1908, modified to
132—749
—J
rvr
11Tif1T1
ITlrl
52
Office definition.
BOARD
NOTE:
This
term
i
“pollution incident”.
in the definiti
-
The latest consecutive twelve-month period for
which any of the following reports used to support
a financial test is prepared:
~mittcdto the Sccuritii
son
An annual report of tangible net worth
submitted to Dun and Bradotrect;
or
Annual reports submitted to the Energy
Information Administration or the Rural
Electrification Administration.
fiscal
period.
——
defending against claims or ~
orougnt,
centin’
__,J___
“Controlling interest” means direct owncrshi~of at
least 50
~
of the ~
o#
entity.
“Director of the Implementing Agency”.
See Ceotion
731.114.
“Pnvironmental damacc” means the injurious presence in
~rc or any watercourse or body
~
aascouo or thermal
th~. itmosph
of water of solid, liqv~’~
contaminants, irritants or pollutants.
.1
“Ti-i-mi
f~n~-ir-
cost”
is any
expense
that an owner or
r-ri-r-ryr
,-~r Tii—r~1ritir’r
nF
firianr’ini
aa~-~n-i—anr~t-~
inr~irrrt
1T1
By UCEPA or the State to require corrective action
or to recover the costs of corrective action;
By or on behalf of a third party for bodily injury
or property damage caused by an accidental
release; or
By any person to enforce the terms of a financial
assurance mechanism.
“Occurrence” means an
A-
132—750
53
BOARD
NOTE:
This definition is intended to assist in
the understanding of these regulations ~nd is not
intended either
to
limit the meaning of “occurrence” in
a way that conflicts with standard insurance usage or
to prevent the use of other standard insurance
terms
in
place of “occurrence”.
“Owner or operator”, when the owner or operator are
separate persons, refers to the person that is
obtaining or has obtained financial assurance.
“Petroleum marketing facilities” include all facilities
at
which petroleum is produced or refined and all
facilities from which petroleum is sold or transferred
to other petroleum marketers or to the pu-blic~
“Petroleum marketing firms” are all
firms
owning
petroleum marketing facilities.
Firms owning other
types of facilities with UCTs as well as petroleum
marketing
facilities are considered to be petroleum
marketing firms.
“Pollution incident” means emission, discharge,
release
or escape of pollutants into or upon land,
the
atmosphere or any watercourse or body of water,
provided that such emission, discharge, release or
escape results in “environmental damage”.
The entirety
of any such emission, discharge, release or escape
shall be deemed to
be- one “pollution incident”.
“Pollutants” means any solid,
liquid, gaseous or
thermal irritant or contaminant,
including smoke,
vapor,
soot,
fumes, acids, alkalis, chemicals and
waste.
“Waste” includes materials to be recycled,
reconditioned or reclaimed.
The term “pollution
incident” includes an “accidental release” or an
“occurrence”.
BOARD
NOTE:
This definition
is used in the definition
of “property damage.
“Property damage” means
Physical injury to, destruction of or
contamination of tangible property, including all
resulting loss of use of that property; or
Loss of use of tangible property that is not
physically injured, destroyed or contaminated, but
har~
br~n
i’~var~uated,withdrawn from use or rcnderr~i
cause of a “pollution incident”.
132—751
54
consistent with standard insurance industry practices,
arc excluded from coverage in liability insurance
policies for property damage.
However, such exclusions
for property damage do not include corrective action
associated with releases from tanks which are covered
by the policy.
BOARD
NOTE: Derived from 40 CFR 280.92,
as adopted at
53
Fed. Reg.
43370, October 26,
1008, modified to
i
i~rrt~
t~hr~
Ti
iiv~irirr~
P.rrtr_i
rerri
fl-F-F_i
ri-’
dr-F_i r,
-i
t-
“Provider of financial assurance” means an entity that
provides financial assurance to an
owner
or operator of
an underground storage tank through one of the
mechanisms listed in Section 731.105 through 731.203,
including a guarantor, insurer, risk retention group,
surety or issuer of a letter of credit.
“Substantial business relationship” moans that one
business entity has an ownership ontcrcst in another.
“Tangible not worth” moans the tangible assets that
remain after deducting liabilities; such assets do not
include intangibles such as goodwill and rights to
patents or royalties.
For purposes of this definition,
“assets” moans all existing and all probable future
economic benefits obtained or controlled by a
particular entity as a result of past transactions.
“Termination”
under Section 731.197(b)
means only those
changes that could result in a gap in coverage as where
the insured has not obtained substitute coverage or has
obtained substitute coverage with a different
retroactive date than the retroactive date of the
original policy.
--~
d
Not....
Derived
~.
~...
40
CFR 280.02(o),
at 54 Fad.
Reg. 47081, November 9,
1089.
1
I,
T1~
~
I
Illinois Constitution of 1970,
Art.
VII,
Section
1.
effective
Amount
and Scope of Required Financial
Responsibility (Repealed)
a)
Owners or operators of petroleum underground storage
tanks shall demonstrate financial responsibility for
taking corrective action and for compensating third
132—752
Source:
Repealed at 16 Ill. Reg.
adopted
Section 731.193
55
parties for
bodily
injury and property damage caused by
accidental releases arising from the operation of
petroleum underground storage
tanks
in at least the
following per—occurrence amounts:
1)
For owners or operators of petroleum underground
ritoragc
tanks
that are located
~
marketing
I
~-ocd on annual throughp~~
~londar
year:
$1 milliun.
a.
or th
—
~ta.
s...
a
,
~a
—‘
‘
•1___
—
1
I
_A-t.
b)
O~inersor operators of petroleum underground storage
tanks shall demonstrate financial responsibility for
1r_ir.r~
rri-+i’Lrr’
~i~-if_irmm-~d
for compensating third
partics for bodily inj~.a.2
property aamage caused by
accidental releases arising from the operation of
petroleum underground storage
tanks
in at least the
following annual aggregate amounts:
1)
For owners or operators of
1 to 100 petroleum
underground storage tanks:
$1 million; and
unocrgrouna storage
c)
For the purposes of subsections
(b) and
(f)
only,
a
“petroleum underground storage tank” means a single
containment unit and does not mean combinations of
4-4..~...,...
4-
,~
ing1
a
~...a
a. aa~a.
t.
a
a
1~
M_.A-
a
—
-~--
___,_
—
—
—-I--
-.
~1
~
-
combinations of mechanisms to demonstrate financial
responsibility fore
1)
Taking corrective action;
2)
Compensating third parties for bodily injury and
property damage caused by sudden accidental
releases; or
3)
Compensating third parties for bodily injury and
property damage caused by nonsudden accidental
releases, the amount of assurance provided by each
mechanism or combination of mechanisms must be in
the full amount specified in subsection
(a) and
(b).
132—753
operators of 101 or more- petroleum
$2 milli~,..
scparatc oombinati.~..
financial rcs~onoi
56
I
T
~
owner
r,r
~m~i-~r
~
separnrir~
mechanisms to
mr~r~nnr1i
~
r,r
demonstrate
pf
—
—
•_~~
ty for d
a.
s.a_~a.
...s
a
~.u
unctergrounci storage
tanks,
the annual aggregate
required must be
based
on the number of
tanks
covered
by each
~mnh
semarate mechanism or
combina*-_ir~
e~f
I
a
aggregate assurance provided whenever additional
petroleum underground storage
tanks
are acquired or
installed.
If the number of petroleum underground
storage tanks for which assurance must be provided
exceeds 100, the owner or operator shall demonstrate
financial reoponsibilty in the amount of at least $2
million of annual aggregate assurance by the
anniversary of the date on which the mechanism
demonstrating financial responsibility became
effective.
If assurance is being demonstrated by a
combination of mechanisms,
the owner or operator shall
demonstrate financial responsibility in the amount of
at least $2 million of annual aggregate assurance by
the first-occurring effective date anniversary of any
one of the mechanisms combined (other than a financial
test or guarantee)
to provide assurance.
g)
The amounts of asi
exclude legal def~
-
- —
— —
a..
t.
—
.
—
A-
h)
The required per
coverage amounts
-3—
——A-
“J
--—4
limit the liability
effective
Allowable Mechanisms and Combinations
(Repealed~
a)
Subject to the limitations of subsections
(b) and
(a)-,
an owner or operator may use any one or combination of
the mechanisms listed in Cections 731.195 through
731.203 to demonstrate financial responsibility under
this Subpart for one or more underground storage tanks.
c)
An owner or operator may usc self—insurance in
combination with guarantee only if, for the purpose of
meeting the requirements of the financial test under
this Subpart, the financial statements of the owner or
nnc~rntnrar~
nnt
consolidated uith the financial
-
132—7 54
I
Source:
Repealed at 16 Ill. Reg.
Section
731.194
57
effective
Financial Test of Self—insurance (Repealed)
a)
An owner or operator, or guarantor, may satisfy the
requirements of Caption 731.193 by passing a financial
test as specified in this Section.
To paso the
financial test of self-insurance, the
-e~
operator,
or guarantor, shall meet the criteria of
subsection
(b) or
(a) based on year-end financial
statements for the latest completed fiscal year.
b)
Financial Test
tangible net
—
worth of at least ten times:
estimates and amount
of liability coverage for which
a financial
test is used to demonstrate financial
responsibility for hazardous waste facilities
to UCEPA pursuant to 40 CFR 264 or 265, to
the Agency pursuant to 35 Ill. Adm. Code 724
or 725 or to other state aciencico authorized
~A-
by UCEPA to administer ~
programs pursuant to 40 CFR 271.
~.
C)
The sum of current plugging and abandonment
cost estimates for which a financial test is
used to demonstrate financial responsibility
for underground injection wells to UCEPA
pursuant to 40
CFR
144, to the Agency
pursuant to 35 Ill. Adm. Code 704, to the
Department of Mines and Nincrals pursuant to
62
Ill.
Adm. Code 240 or to other state
rir4r~
r~uthorizedto administer underground
control programs pur~m~~11l
1r~
itfl
C~FP
ctiT
145.
132—755
Source:
Repealed at 16 Ill.
Reg.
Section
731.195
owner
A)
The total of the applicable aggregate amount
required by Section 731.193, based on the
number of underground storage tanks for which
a financial test is used to demonstrate
financial responsibility for UCT systems to
USEPA pursuant to 40 CFR 280, to the Fire
Marshal pursuant to this Part or to
implementing agencies of UST programs in
other states authorized by USEPA pursuant to
40 CFR 281;
8.3-
rn~
—
—
A-t.
—
—
—
.f
——
—
—
—
—
—
—
58
2)
The owner or operator,
or guarantor,
shall have a
tangible net worth of at least $10 million.
3)
The owner or operator,
or guarantor,
letter signed by the chief financial
shall have
officer
a
worded as specified in subsection
(d)
.
4)
The owner or operator, or guarantor, shall either:
A)
File financial statements annually with the
U.S. Ceourities and Exchange Commission, the
Energy Information Administration or the
Rural Electrification Administrations or
B)
Report annually the firm’s tangible net worth
to Dun and Bradotreet.
and Dun and Bradstreet
must nave assigned the firm a financial
strength rating of 4A or 5A.
5)
The firm’s year-end financial statements,
if
independently audited, cannot include an adverse
auditor’s opinion,
a disclaimer of opinion or a
“going concern” qualification.
c)
~tCRA
Financial Test
1)
The owner or operator,
or guarantor shall meet the
financial test requirements of 35 Ill. Adm. Code
724.247(f) (1) substituting the appropriate amounts
specified in Section 731.193(b) (1) and
(b)
(2)
for
the “amount of liability coverage” each time
specified in the Section.
2)
The fiscal year end financial statements of the
owner or operator,
or guarantor, must be examined
by an independent certified public accountant and
be accompanied by
examination.
the accountant’s report of the
3)
The firm’s year end financial statements cannot
include an adverse auditor’s opinion,
a disclaimer
of opinion, or a
“going concern” qualification.
4)
The owner or operator,
or guarantor, shall have a
letter signed ~
the chief financial
nffirc~i-
worded as op
operator, or guarantor,
to the U.C. Ceauritics
are not submitted annually
and Exchange Commission,
the Energy Information Administration or the Rural
?t~rim_ir~ift
+~r
ii~r~
t~hr
rn~mr’r
eir
132—756
~.1
ified in
a
A- 1
59
certified public
——I
letter
—Irom
the chief financial officer
specifies as having been derived from the
latest year-end financial statements of the
owner or operator,
or guarantor, with the
amounts in ouch financial statements: and
8*
I-
~atfltL1#saa.
a.a
..#aa
aa..,
Lmtant’s attenti
~4~-&-
ld be adjusted
d)
Forms.
1)
——
—3
‘—I
Oetobor 26,
1988.
This ~cction
future editions or amendments.
2)
The Fire Marshal shall promulgate forms based on
the forms in 40 CFR 280.95(d), with such-changes
as are necessary under Illinois law.
3~
The
o’wner or opert~.torshall ~se
s’~aohformo if
awLilable; otherwise,
the owner or operator shall
ueo the form in 40 CFR 280.95(d), except that
instructions in brackets must be replaced with the
~e—levantinformation and the brackets deleted.
acts the financial test
—
—
2
—
a
a
2
—
2
—
1
I
-
rn~
:r1
I t~I
I
I-I-I.
L
I
~1 I
e-)--—
If an owner or operator using the tacit to provide
financial asciurance finds that the owner or operator no
longer
Wpr’i-p
~h-
vr’rn-I_ii--pmpntg nP
~hr’
f~ir~~
~r*t~
based
.,~
..~,
or operator shall obtain alternative coverage-within
l5fl
~
cif
i-~hr~~~nd
n-P th~
~Jnar
frn—
1.Jhir~h
fiuITlne_irIl
4-
nanc
~~‘tcmcn~
owner
at any
~~2
~_4~e rtports
ef
f2t
time from the owner
43370,
4)
To
demonstrate that j~
under subsection
(b)
or
of-fleer of the owner or operator,
or guar~ricor,
sh-all sign, within 120 days of the close of each
financial reporting year,
as defined by the
twelve-month period for which financial statements
us-cd to support the financial test are prepared,
a
letter worded as provided in subsection
(d) (3).
——4
—
.1
132—757
60
guarantor.
If
the
Fire Marshal finds,
on the basis of
such reports or ether information, that the owner or
operator, or guarantor, no longer meets the financial
test requirements of subsection
(b)
or
(c) and
(d), the
owner or operator shall obtain alternate coverage
within 30 days after notifioation of ouch a finding.
g)
If the owner or operator fails to obtain alternate
assurance within 150 days of finding that the owner or
operator no longer meets the requirements of the
financial test based on the year—end financial
statements,
or within 30 days of notification by the
Fire Marshal, that the owner or operator no longer
meets the requirements of
the
financial test, the owner
rIr
n~~r~-$-~-,-v-
~~hi
1
1
nnl-
I
f~r fhr~
Fl
~r
M~’r~hn
1
nf
rtnr~h
failure within 10 days.
Source:
Repealed at 16
Ill.
Reg.
Section 731.196
Guarantee (Repealed)
effective
operator may satisfy th
731.103 by obtaining a gu
equir
—
~--
—
~‘
—
ririth
cases
..~
as specified I~cction 731.210(c).
132—758
a)
An owner
shall
have
an
ownership
interest
in
the
operator-.
I
.1
~guirerncntsof
The guarantor
t~
J~
meets the financial test criteria of Section 731.195
based on year-and financial statements for the latest
completed financial reporting year by completing the
latter from the chief financial officer described in
Secti,~.... 731.195(d)
.....d shall
deli,,t..r the letter to the
owner or operator.
If the guarantor fails to meet the
requirements of
the
financial toot at the end of any
financial reporting year, within 120 days of the end of
that financial reporting year the guarantor shall send
by certified mail, before cancellation or nonrcnewal of
the guarantee, notice to the owner or operator.
If the
Fire Marshal notifies the guarantor that the guarantor
no longer meets the requirements of the financial test
of Section 731.195(b)
or
(a) and
(d), the guarantor
shall notify the owner or operator within 10 days of
receiving such notification from the Fire Marshal.
In
q
~~~aa.aaa~
~
a.
aiaa.
.~
~.
aa~
a.
—
—
120 ~
...ftcr the datc th~
~
..~a.cpcrator~
2
1
~
p
pp
LI1~
ILULJL.LUULLUII1
~2U cviuei-iocu
zjy
~nr.
rece-~-vc~
return receipt.
Ph~
nt~mti
rn-
nr~i-r~ni-
~*hri11obtain alternative coverage
future editions or amcnaments.
2)
The Fire Marshal shall promulgate forms based on
the forms in 40
CFR
280.96(c), with ouch changes
as are necessary under Illinois law.
3)
The owner or operator shall use such forms if
available; otherwise,
the owner or operator shall
use the form in 40 CFR 280.96(c),
except that
instructions
in brackets must be replaced with the
relevant information and the brackets deleted.
+
the reciuircments of Section 731.193 shall esta~.ii....
!~1—~Fr~d1—.~
11~~I1!1t
.c~..—..j
ctuarantee is obtained.
P.,tp
.1
1
a—.
4.
Undr
~e
~
of
the
guaran~..~,
..a~a
~
a~b’f
the
antor
-~
will
a~
depo
4a~a
directly into
~‘
standb~
a
instruction from the Fire l4arohal unaer Section
731.208.
This standby trust fund must meet
the
requirements specified in Section 731.203.
~-
IJ
LI
~1
-r
under
—.n~
guurunLcr
UL~
to satisfy
--
._
—
—
LI
f
rllrlri
1 n
.~~~nrr,inr!r
wi
th
1)
The guarantor shall have a registered agent
pursuant to Section 5.05 of the Business
Corporation Act of 1983
(Ill. Rev.
Ctat.
1987,
oh.
32, par.
5.05 or Ceotion 105.05 of the Concral Not
For Profit Corporation Act of 1936
(Ill. Rev.
Stat.
1987,
oh.
32,
par.
105.05.
2)
The guarantor shall execute the guarantee in
Illinois.
The guarantee shall be accompanied by a
letter signed by the guarantor which states that:
A)
The guarantee was signed in Illinois by an
authorized agent of the guarantor;
B)
1’hr
guarantee is governed by T11iiini~i
Lit.r,
and,
,I~
rn1_
—I
regi
-
—
S
Source:
Repealed at 16 Ill. Reg.
132—759
effective
1)
The Board
i
280.96(c)
a
61
rporates by reference 40 CFR
~optcd at 53 Fed.
Rcg.
433~O,
BC.
This Ccction incorporates no
A-~
~
62
Insurance or Risk Retention Group Coverage
(Repealed)
__S..I
_.a~
S_t.
Caution 731.193 by obtaining liability inauranoc that
conforms to the requirements of this Section from a
qualified insurer or risk retention group.
Such
insurance must be in the form of a separate insurance
PS
policy.
iir~r
s-n-
r-rninrpemcnt
to an existing insuranec
~~Ftfl~-ij
-~
-~
amenaea
~
~
1988,
_4I~A
Fed
~
aA-_...~a1
with the
.3_.1
e*
.2 _a_
insurance policy
group
must be issued by an insurer or
a
which is licensed by the Illinoi
Source:
Repealed at 16 Ill.
Reg.
effective
Section 731.198
Surety Bond
(Repealed)
a)
An owner or operator may satisfy the requirements of
Cnation
731.1~3by obtaining a surety bond that
requirements of this Section.
Th
issuina the bond shall be licensed
4-
aflsurancC.
incorporates by reference 40
CFR
--
~
at 53
Fed.
Rag.
43370,
This Section incorporates
Section 731.197
—I
-—
rn1rs-~
i~IT~
~
~
~
-
-
p
j
,j
;
~,
-
Rag.
—
— A-
2)
The Fire Marshal shall promulgate forms based on
the forms in 40 CFR 280.97(b), with such changes
as arc necessary under Illinois law.
aaa.a
‘a.’
endorsement, or evidenced by a certificate of
insurance.
The owner or operator shall use the
forms specified in subsection
(b) (2), if
available; otherwise, the owner or operator shall
use the forms in 40 CFR 280.97(b),
except that
~‘-—4-—uetions
in
brackets
‘-“~“4-
enlaced
--a
surety company
the Illinois Departmcn.~.
-r
*
‘
n-fl..
—
—J
6,1988
132—760
63
2)
The Fire Marshal shall promulgate forms based on
the forms
in 40 CFR 280.98(b), with such changes
as are necessary under Illinois law.
3)
The owner or operator shall use such forms if
available; otherwise,
the owner or operator shall
usc the form in 40 CFR 280.98(b),
except that
instructions in brackets must be replaced with the
relevant information and the brackets
c)
Under the terms of the bond,
the surety will become
liable on the bond obligation when the owner or
operator fails to perform as guaranteed by the bond.
In all cases,
the surety’s liability is limited to the
per-occurrence and annual aggregate penal sums.
dby trust
in Section 731.203.
Source:
Repealed at
16
Ill. Reg.
effective
Section 731.199
Letter of Credit
(Repealed)
stan
a)
An owner or operator may satisfy the requirements of
Section 731.193 by obtaming an irrevocable standby
letter of credit that conforms to the requirements of
Section-
.‘osuina
this
~e—~
-,
instituti..... shall
be-
entity with authority to issue letters of credit and
whose letter of credit operations are regulated by the
Illinois Commissioner of Banks and Trust Companies.
b)
Forms.
1)
The Board incorporates by reference 40
CFR
280.99(b)
as adopted at 53
Fed.
Bog. 43370,
October 26,
1988.
This Section incorporate~
future editions or amendments.
2)
The Fire Marshal shall promulgate forms based on
the forms in 40 CFR 280.99(b),
with such ohangea
as are necessary under Illinois law.
132—761
d)
The owner or operator who uses a surety bond to satisfy
the requirements of Section 731.193 must establish a
standby trust fund when the surety bond is acquired.
Under the terms of the bond, all amounts paid by the
surety under the bond will be deposited diectly into
the standby trust fund in accordance with instructions
from the Fire Marshal under Section 731.208.
This
~“-~
—“-‘4-
meet the requirements specified
64
available; ;therwise, the owner or operator shall
use the form in 40
CFR
230
•
99(b),
except that
instructions in brackets must be replaced with the
relevant information and the brackets deleted.
a)
An owner or operator who uses a letter of credit to
satisfy the requirements of Section 731.193 shall also
establish a standby trust fund when the letter of
credit is acquired.
Under the terms of the letter of
credit, all amounts paid pursuant to a draft by the
Fire Marshal shall be deposited by the issuing
institution directly into the standby trust fund in
accordance with instructions from the Fire Marshal
under Section 731.208.
This standby trust fund must
moot the requirements specified in Section 731.203.
d)
I•LIL:!
~rir’r~
Lr
C
c
1
fl 31
Ill
LI LI
L
FIfT
1
flUl
V V
U
~-~1
TIs-~T1_
rn
term
rr r~f
““
lett
~?-
~it
~
be
i
‘~cwith
_~ified by
~‘
iooui~
titut!
The lett
credit must provide that credit be automatically
renewed for the same
term
as the original term,
unless,
at least 120 days before the current expiration date,
the issuing institution notifies the owner or operator
by certified mail of its decision not to renew the
letter of credit.
Under the
terms
of
the letter of
credit,
the 120 days will begin on the date when the
owner or operator receives the notice, as evidenced by
the return receipt.
Source:
Repealed at 16 Ill. Beg.
effective
Section 731.200
UST State Fund
(Repealed)
a)
Section 22.13 of the Act creates the Underground
Storage Tank Fund
(Fund).
THE FUND
IC INTENDED TO BE A
STATE
FUND
BY WHICH
PERSONS WHO
QUALIFY
FOR ACCESS TO
THE
FUND
IN THE
EVENT
OF A RELEASE
MAY
CATISFY THE
FINANCIAL RESPONSIBILITY REQUIREMENTS UNDER THIS PART.
(Section
22.13
of
the
Act.)
b)
An owner or operator may apply to the Fire Marshal for
a certificate of coverage, on forms provided by the
Pirr
M~irnh~i1
c)
If the Fire Marshal determine
operator would be entitled to
Fund in the event of a releas
~
4
P 4
~
.
p
~
~
ç~fl~
__
that the owner or
eceivc funds from the
2tshall issue
-
I
~
~r.
_.~
A-i...
132—762
-
n
‘.
~._
—
—
— —
a
—
n
S
—— —
65
of the facility
3)
The amount of funds for corrective action or
compensating third parties which is assured by the
Fund,
4)
The cffactive data of the certificate.
d)
An owner or operator with a certificate is deemed in
compliance with the requirements of this Cubpart with
respect to the facility listed in the certificate.
c)
Owners or operators may usc any financial assurance
mechanism or combination of mechanisms meeting the
requirements of the other Sections of this Subpart to
meet the Fund requirement that they have insurance for
the deductible.
f)
IF
THE
ACENCY
REFUSES
TO
REIMBURSE
OR
AUTHORIZES
ONLY
A
PARTIAL REIMBURSEMENT,
THE AFFECTED OWNER OR OPEPATOR
NAY
PETITION THE
BOARD
FOR A
HEARING
pursuant
to
35
Ill.
Adin.
Code 105.
(Section
22.18b(g)
of the Act).
Source:
Repealed at 16 Ill.
Beg.
Section
731.202
Trust
Fund
(Repealed)
effective
Section 731.193 by establishing a trust fund that
conforms to the requirements of this Cection.
The
trustee shall be an entity which has authority
to
act
as trustee and whose trust operations arc regulated and
examined by the Illinois Commissioner of Banks and
~iplicswith the Corporate
Stat.
1987,
oh.
17, pars.
b)
The wording of the trust agreement must be identical to
the wording specified in Caption 731.203(b),
and must
be accompanied by a formal certification of
acknowledgement as specified in Section 731.203(b).
In
addition,
the owner or operator and trustee shall agree
that Illinois law governs the trust.
a)
The trust fund, when established, must be funded for
the full required amount of coverage,
or funded for
part of the required
amount
of coverage and used in
combination with other mechanisms that provide the
remaining required coverage.
d)
If
the value of the trust fund is greater than the
132—763
Trust Companies,
or who
ci
Fiduciary Act.
(Ill. Rev
1551—1 ct seq.)
———~—-,
_A-
A-
A-t_
i.fl.
~
LA ‘aW~
—
c)
If other
Subpart
fund,
tb
~
uest
1)
Within 60 days after receiving a request from the ownci
or operator for release of funds as specified in
subsection
(d)
or
(a), the Fire Marshal shall instruct
the trustee to release to the owner or operator such
funds as the Fire Marshal specifies in writing.
Source:
Repealed at 16
Ill. Reg.
Section 731.203
Standby Trust Fund (Repealed)
a)
An owner or operator using any
authorized by Sections 731.196,
one of the machaniams
731.198 or 731.199
shall establish a standby trust fund when the mechanisni
is acquired. The trustee of the standby trust fund
shall be an entity that has the authority to act as a
r~r~
nri&i
whose trust operat~nr~
~ii-r
r
i,1M~r-ti ~m-i
trust
examined by the Illinois
Commi.~....oncrof Banks and
Trust Companies,
or who complies with the Corporate
Fiduciary Act.
(Ill.
Rev.
Stat.
1987,
oh.
17, pars.
icci—i
rt
~
1)
The Board incorporat
280.103(b)
as adopte
Oe~
26, i—~”~
olDer
by reference 40 CFR
at 53 Fed. Beg.
43370,
dad at
5
~
Reg~
1
rLLI
2)
The Fire Marshal shall promulgate forms based on
the forms in 40 CFR 280.103(b), with such changes
as are necessary under Illinois law.
iViIl
i
lI~f~
Tnr~
111~1’uot
ntherwi
r~Tm
1.~ liii
3)
The owner or operator shall usa such forms if
~.labl
-~-
_e--~?”
4
G~ ~0.1O3(b),
-e*cpt
ions
-Efi-
‘
must be -rep’
.‘...levant information and the brackets u~etea.
1i~
LIIJLILF
LIV
pperatnr
eh~i1i
Id
J~fl
nracxcts
that
‘aaaea with the
..~
—,
~i
4)
In addition,
shall agree
b Illinois law governs the trust.
132—764
__...‘
—.~
66
submit a writtc
A-
financial assurance as specified in this
-
_
A-~A-....A-..S
~‘
-r part of the trust
to the Fire Marshal for rd
of the
effective
——_‘~—
,
~J fiLl
~1 4
~il
III
?~fl
~i.~i’&,
ucocuwer
incorporates no
~j,
jJ~•
•j~flj~
future editions
~cp-çjpn
or
amendments.
~rIr)~i
b)
After obtaining alternate financial assurance as
specified in this Subpart, an owner or operator may
cancel a financial assurance mechanism by providing
notice to the rn-ovidor of financial assurance.
Cancellation or Nonrenewal by Provider
(Repealed)
a)
Except as otherwise provided,
a provider of financial
assurance may cancel or fail to renew an assurance
by sending a notice of termination by
-
m~ii1
tn
thc~rn*rn~r
or operator
certified
1)
Termination of a guarantee,
letter of credit must not
0
after the date on which the
receives the notice of term
the return receipt; or
2)
Termination of insurance or risk retention group
coverage, except for non-payment or
misrepresentation by the insured,
or coverage by
the UCT State Fund under Section 731.200, must not
occur until 60 days after the data on which the
owner or operator receives the notice of
132—765
67
e-)
The Fire Marshal shall instruct
the trustee to refund
the balance of the standby trust fund to the provider
of financial assurance if the Fire Marshal determines
that no additional corrective action costs or
third-party liability claims will
occur as a
result of
a release covered by the financial assurance mechanism
for which the standby trust fund was established.
An owner or operator may establish one trust fund as
the d~:~4~ry
mechanism for all funds assured in
compliance with this Subpart.
Source:
Repealed at 16 Ill. Beg.
effective
Section
731.204
Substitution of Mechanisms (Repealed)
a)
An owner or operator may substitute any alternate
financial assurance mechanisms as specified in this
Subpart, provided that at all times the owner or
operator maintains an effective financial assurance
mechanism or combination of mechanisms that satisfies
the requirements of Section 731.193.
Source:
Repealed at 16
Ill. Reg.
Section 731.205
effective
macnan
;~ili~
~
r or operator
—J
68
termination,
as evidenced by the return receipt.
Termination for non-payment of premium or
misrepresentation by the insured must not occur
until a minimum of 10 days after the date on which
the owner or operator receives the notice of
i-~mirii~tion,
ao evidenced by
i-~hr
i-c~f-i~i-iiir~rir~’I-
with
Source:
Repealed at 16
Ill.
Beg.
ibility cancels or
....~
A-i.
~‘
~~a4
‘
ion 731.207(b).
LI
I
T.-I-It~
-~-L
rlr’ri
Section 731.206
Reporting (Repealed)
a)
The owner or operator shall deposit with the Fire
Marshal an original, or a signed duplicate original,
-of
any required financial assurance document.
The owner
or operator shall deposit the document within
14 days
after the date on which on which the operator receivee
the document.
b)
An owner or operator shall certify compliance with
the
financial responsibility requirements of this Part as
specified in the ncw
tank
notification form when
notifying the Fire Marshal of the installation of a
new
underground storage tank under Section 731.122.
Source:
Repealed
at 16 Ill.
Beg.
Section 731.207
Becordkeeping
(Repealed)
a_A-_~2~~
~
132—766
financial
A-_
b)
If a provider of
fi:
~..u
renew
ru...
reasons othcr than
iiioup~iui
provider as specified in Section 731.206, the
owncr
or
operator shall -obtain alternate coverage as specified
in this Section within 60 days after receipt of the
notice
of
termination.
If the owner or operator fails
to obtain alternate coverage within 60 days after
receipt of the notice of termination, the owner or
operator shall notify the Fire Marshal of such failure
and submit:
1)
The name and address of the provider of financial
assurance;
2)
The effective date
of
termination;
and
~)
The evidence of
i~nihirri~t-t~r~
i-hr
the
fin~ir’c~ui.
+r’i—mi r~.it
i
nr~
m~
1
TI1
ncc
inechani-~m
effective
effective
69
731.206
is not otherwise required to maintain copies of the
documents or the certificate, which would be required pursuant to
40
CFR 280.107, adopted at 53 Fad. Beg.
43357, October
2?,
1988.
Source:
Repealed
at
16 Ill.
Reg.
effective
Section 731.208
Drawing on Financial Assurance
(Repealed)
a)
The Fire Marshal shall require the guarantor,
surety or
institution issuing a letter of credit to place the
amount of funds stipulated by the Fire marshal up to
the limit of funds provided by the financial assurance
mechanism,
into the standby trust if
z
1)
x~ocn:
A)
The owner or operator fails to establish
alternate financial assurance within
60 days
after receiving notice of cancellation of
the
guarantee,
surety bond,
letter of credit or
as applicable,
other financial assurance
mechanism; and
B)
The Fire Marshal determines or suspects that
a release from an underground storage tank
covered by the mechanism has occurred and so
notifies the owner or operator or the owner
or rn,rrptor has notifird ECDA pursuant to
~u~part E or
F
ot a reiease from an
underaround storage tank covered by the
mcchau.Lsm; or
2)
The conditions of subsections
(b) (1) or
(b) (2) (A)
or
(B) arc satisfied.
b)
The
Fire Marshal shall draw on
a standby
whcn~
hal makes a final
a
——a
I
.rui.cuoc
hu~000urrcu
~inu
inuucdiate or long—term
corrective action for the release
is needed, and
the owner or operator, after appropriate notice
and opportunity to comply, has not conducted
corrective action as required under Subpart F; or
A)
Certification from the owner or operator and
third-party liability claimant and from
attorneys representing the owner or operator
and the third-party liability claimant that a
132—767
70
third-party liability claim should be paid.
The Board inoorporates by reference 40 CFR
280.108(b) (2) (i) as adopted at 53 Fed. Rag.
43370,
October 26,
1988.
This Cection
incorporates no future editions or
amendments.
The certification must be worded
as provided in 40
CFR
280.108(b)
(2)
(-i-J-,-
except that instructions in brackets arc to
be replaced with
the
relevant information and
the brackets deleted.
Or,
___-.2s
rI__,
dar establishing
~udgmont against the owner or operator for
bodily injury or property-8a~a~e~--eauc3ed
by an
accidental release from an underground
storage tank covered by financial assurance
under this Subpart and the Fire Marshal
determines
that the
owner or operator has not
catiified
thc~-iudcnnent.
~b-)-(2)(A),
and valid court
otion
(b)(2)(B).
effective
Release from Financial Assurance Requirement
(Repealed)
An
owner
or operator is no longer required to maintain financial
responsibility
under
this Subpart for an underground storage tank
after the tank -has been properly closed or,
if corrective action
is required,
after corrective action has been completed and the
tank
has bce~—properiyclosed as required by—Subpart-G-r
effective
Bankruptcy
or
other
I~cap~
city
j~pea1ed)
13 2—768
amount of corrective action costs and
third-party liability claims eligible for
payment under subsection
(b) may exceed the
balance of the standby trust fund and the
ob~ig-ationof the
provider of financial
assurance, the ~firstp~orityfo~-payxnant
must be corrective action costs necessary to
protect human health
aiid the environment.
The Fire Marshal shall pay third-party
liability claims in the order in which the
Fire Marshal receives certifications under
oubsecti,.....
Source:
Repealed at 16 Ill.
Beg.
Section 731.209
Source:
Repealed at 16 Ill. Beg.
Section 731.210
71
...)
Within 10
d~vri
aftor or~
olun~~
—j
required under
Section 731.196.
I
__1~._
_L..A-_.1
.2
—
— —
—
I
— I
...n
th_ ~~-ef-.~
—
A-_
-
.~
I
A-
—
a
— —
—
.~
.c~j__
—
—
—
.1
—
—
—
C
A-t.
.1.11
IIJ
L
.11
a)
If at any time after a standby trust
is funded upon the
instruction of the Fire Marshal with funds drawn from a
guarantee,
letter of credit or surety bond,
and the
amount in the standby trust is reduced below the full
amount of coverage required, the owner or operator
shall
by the anniversary date of the financial
mechanism from which the funds wore drawn:
1)
Replenish the value of financial assurance to
equal the full amount of coverage required, or
tunas in the standby trust
—
~u;~iriri
nrrrMnn
under 11 U.S.C.
~p,
naming
an
owner
or
operator
as
debtor,
the
owner or
operator shall notify the Fire Marshal by certified
mail of such commencement and submit the appropriate
forms
listed in Section 731.207(b) documenting current
b)
Within 10 days after commencement of a voluntary or
involuntary proceeding under 11 U.S.C (Bankruptcy),
naming a guarantor providing financial assurance as
debtor,
such guarantor shall notify the owner or
h~
i-1~ifirri
w~i1
nf
~~ne~h
commencement
r~
3.,-.
4—
bnnitruptcy
or
incrnn..ILI
self-insurance will
required financial
be deemed to be without the
assurance
assurance,
or
a
~JLOV.UL.L
U...
suspcnoion
or
revocation
w.
~nc
authority of the provider of financial assurance to
issue a guarantcc,
insurance policy, riokrctcntion
group coverage
poLicy,
surety ~onct
ULT
J..OLLUL
UL
credit.
The owner or operator shall obtain alternate financial
assurance as specified in this Subpart within 30 days
after receiving notice of such an event.
If the owner
or operator does not obtain alternate coverage within
30
days after such notification, the owner or operator
~h~i11
nn+if~
~hr
Fii-r
M~irnh~1..
~~~.1
Source:
Repealed at
16 Ill. Reg.
Section 731.211
Replenishment
(Repealed)
effective
C-
Acqui~~
financia..
by which
hr~vr
hrrn
rr~durrt1
-
assurance mechanism
for
132—769
72
b)
For purposes of this Section, the full amount of
ceveragc to be provided by
Section 731.193.
If a
combination of mechanisms was used to p
rovide the
assurance funds which were drawn upon,
...~...enisnment
muot occur by the earliest anniversary date among the
Source:
Repealed at 16 Ill. Reg.
Secticn 731.Appendix A
effective
The Board incorporates by reference 40 CFR 280, Appendix I
(1088),
as amended at 53 Fed. Beg. 37208, September 23,
1988
(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.
effective
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—616Y~ 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.
effective
Source:
Amended at 16 Ill. Reg.
132—770
