Current through Register Vol. 48, No. 38, September 20, 2024
Any UST activity or other permitted activity under this
Section must comply with the following:
a) Permit Requirements
1) Prior to the onset of UST activity, a
completed permit application, including fee payment of $200 per permitted
activity, shall be submitted to OSFM.
2) A separate fee is required for each type
of activity.
3) This fee is to be
paid by check or money order made payable to "Office of the State Fire
Marshal", or electronic payment via the UST contractor portal (at
https://webapps.sfm.illinois.gov/USTPortal/Home/Login?ReturnUrl=%2fUSTPortal)
and is to be from the licensed contractor obtaining the permit.
4) Only contractors currently licensed and
certified in accordance with 41 Ill. Adm. Code 172 may obtain permits.
Contractors are required to be OSFM licensed and have at least one employee
doing the work who shall be certified under 41 Ill. Adm. Code 172 for the UST
activity that is being performed. A UST contractor portal for the on-line
submission of permit applications and the scheduling of permitted work can be
found at the website cited in subsection (a)(3).
5) Only licensed contractors, their employees
or subcontractors may perform the permitted UST activity in accordance with 41
Ill. Adm. Code 172.
6) Permit
applications denied or rejected the second time will require a new permit
application and submission of a new fee.
7) Permit applications and issued permits are
not transferable.
8) The owner of
the UST must be identified on the permit application.
9) No permit may be issued when the current
owner listed on the application owes fees pursuant to 41 Ill. Adm. Code
176.450 or
176.455 until the fees are paid
in full.
10) No permit may be
issued for UST activity unrelated to correcting existing violations while the
violations continue to exist on that same site.
b) No UST activity requiring a permit may
proceed without a granted permit.
c) No UST owners or operators may perform any
UST activity, unless the owner complies with the licensing and certification
requirements of 41 Ill. Adm. Code 172.
d) UST activity performed that is not in
compliance with the conditions of a permit issued to a licensed contractor, or
false information supplied to obtain a permit, is cause for permit revocation,
or suspension or revocation of the license of the contractor to perform any UST
activity.
e) For purposes of this
Section, the following terms shall be considered interchangeable or equivalent:
"installer" and "replacer"; "install" and "replace"; "repairer" and "a person
who upgrades"; "repair" and "upgrade"; "remover" and "a person who
abandons-in-place"; and "remove" and "abandon-in-place".
f) Actions Requiring a Permit. A permit is
required to do any of the following to USTs:
1) install new underground tanks or
piping;
2) remove tanks or
piping;
3) abandon-in-place a UST
or piping;
4) upgrade;
5) repair, including replacing flex
connectors, risers or vents. If the work performed on risers or vents is done
as a result of water ingress or a failed tank precision test, a subsequent tank
precision test shall be performed after the work is completed;
6) line a double-walled tank for
compatibility purposes;
7) inspect
linings;
8) emergency
repairs;
9) repair, install or
remove cathodic or corrosion protection, including on flex
connectors;
10) perform any hot
work on a UST;
11) installation,
upgrade or removal of the following (except for any like-for-like replacements
listed in subsection (g)):
A) leak detection
systems (see Section 175.630(f),
providing that existing interstitial monitoring sensors and systems cannot be
removed);
B) spill containment at
the tank or remote fills; and
C)
overfill prevention equipment;
12) dispenser activity that triggers the
requirement to install under-dispenser containment under Section
175.410(e) and
any new dispenser location;
13)
submersible activity that triggers the requirement to install a tank
containment sump under Section
175.410(c);
14) electronic enhancement of an automatic
tank gauge (ATG) that requires work within the ATG control module;
15) connection of a new or existing bulk
load-out to a new or existing UST at a motor fuel dispensing facility;
and
16) reclassifying a regulated
interstitial sensor to a non-regulated interstitial sensor.
g) Actions Not Requiring a Permit
1) No permit is required to do like-for-like
replacements for the following:
A)
submersible pumps, if already equipped with a tank containment sump;
B) spill containment devices (insert
replacements shall be at least 3.5 gallons capacity; newly installed spill
containment devices shall be a minimum of 5 gallons capacity);
C) drop tube valves;
D) ATG probes;
E) mechanical line leak detectors;
F) electronic line leak detectors;
G) wireless electronic line leak
detectors;
H) rectifiers;
I) interstitial monitoring sensors;
or
J) replacement of the bolted-on
top section of a shear valve only (replacement of an entire shear valve
requires a permit and under-dispenser containment).
2) The exceptions listed in subsection (g)(1)
are the only exceptions from the permit requirement. If the equipment is not
present or another type of equipment is to be used, a permit shall be required.
Any pipe or flex connector work requires a permit. However, merely
disconnecting a fitting, coupling or union without replacing that fitting,
coupling or union to accomplish the replacement of the like-for-like equipment
on the list in subsection (g)(1) will not by itself trigger the requirement for
a permit. Although a permit is not required for like-for-like replacements, the
work must still be performed by a licensed contractor. When product piping is
broken or disconnected to perform a like-for-like replacement, the piping line
must be precision tested as tight prior to putting the piping line back into
service. Replacing any of the equipment listed in subsection (g)(1) must be
reported electronically, within 24 hours after the activity, to OSFM, on a
Like-for-Like Replacement Report form provided by OSFM (available at the
website cited in subsection (a)(3)), listing the make, model and manufacturer
of the equipment as applicable, and indicating where the equipment is being
installed. For a list of the types of OSFM permits required for specific
permitted UST activities, see Appendix B.
h) Expiration and Extension of Permits.
Permits expire 6 months from the date they are issued. The applicant may apply
for additional 6-month extensions. Permit extensions that circumvent newly
adopted technical requirements will not be allowed. If a party submits evidence
of non-cancelable contracts executed in reliance on the permit sought to be
extended, or if work has commenced, a party will not be viewed as circumventing
the technical requirement. Each extension request must be submitted
electronically or in writing before the permit lapses and must be accompanied
by a $200 fee.
i) Amended Permits.
Granted permits may be amended twice without a new application fee. For all
permit amendments, each change that requires a new licensed contractor, more
than minor changes to the site plan, or another engineering review to determine
acceptability will require submission of a new permit application and $200 fee.
Drawings related to any amendment must be submitted to OSFM with the amendment.
Permit amendments that circumvent newly adopted technical requirements will not
be allowed.
j) Site plans showing
setback distances shall be submitted by the licensed contractor listed on the
permit application, to OSFM, along with any motor fuel dispensing permit
application required by Section
175.200. Site plans are subject
to approval by OSFM before any new construction, addition or remodeling that
alters building size, when encroachment on required setbacks would occur;
dispenser locations; or locations or sizes of vehicle service area or storage
tanks. Removals, lining and upgrades that involve replacing equipment with that
of identical manufacture and model do not require submission of site
plans.
k) Miscellaneous
1) In the event that equipment requiring a
permit is installed without a permit or in violation of the terms of the
permit, the owner/operator shall be required to do the following:
A) Hire an OSFM licensed contractor other
than the person and company who did the unauthorized/non-permitted
work.
B) Submit the proper permit
application to OSFM and obtain approval from OSFM.
C) The work shall be uncovered as necessary
to allow proper inspection of the UST installation or modification at issue and
OSFM may require any changes necessary to bring the installation into
compliance with 41 Ill. Adm. Code 160, 172, 174, 175, 176, 177 and
180.
D) If a safety issue is
presented by the circumstances, a work site or UST may also be temporarily shut
down to protect public safety.
2) When removed piping exceeds 20 feet or 50%
of the total piping run at a site, both a removal and an upgrade permit are
required. Whenever a removal permit is issued, a site assessment pursuant to 41
Ill. Adm. Code 176.330 is required as part of
the removal work. When there are indications of a leak that are not contained
to the UST system, owners and operators shall follow the procedures and
requirements of 41 Ill. Adm. Code 176.Subpart C.
3) A valid permit does not remedy the
technical compliance aspects of a violation until the work is completed and
does not allow for any extensions of time for compliance. Completion of the
work and a satisfactory OSFM final inspection does not preclude OSFM
enforcement action against the person who illegally installed the equipment
without a permit.
l)
Permits for Marinas. Due to the unique characteristics of the site at marina
locations, additional information will be required as specified in this
subsection (l) and as determined to be necessary by OSFM.
1) Additional statements will be required as
requested by OSFM to substantiate ownership or consent from authorities having
jurisdiction over the waterway.
2)
Site Plans and Drawings. Detailed site plans and drawings shall be supplied as
requested by OSFM to show length, width, location and configuration of the
dock, type of construction, dispenser location and dispensing area, along with
profiles of the UST indicating differences in elevation between tanks, piping
and dispensers showing all valves, manholes, sumps, location of leak detection
equipment, anti-siphon devices, pressure relief valves, pipe chases, sewage
lines, etc. High water, low water and normal pool elevations shall also be
given in relation to tank, piping and dispensers, along with any pertinent site
characteristics.
m)
Permits for Abandonment-in-Place
1) An on-site
waiver request or evaluation establishing the existence of at least one of the
eligibility criteria of Section
175.840(a)
shall be submitted by the OSFM-licensed contractor and must include accurate
site plans. A complete plan or diagram of the area shall be provided and show
the location of tanks, fill pipes, vent lines, sewers, streets, product lines,
utilities and buildings. The facility name and location and the number and size
of USTs involved shall also be included in the site plans.
2) A description of the specific inert
material to be used shall be indicated on the permit application. Allowed inert
material shall be limited to sand, gravel, clay, bentonite or inert material
mixed with portland cement to increase flowability. The portland cement
concentration may not exceed 50 lbs. per cubic yard of mixed material. Any
other materials must be approved by OSFM during the permit process. Tripolymer
foam may only be used on compartment tanks where at least 1 compartment is not
being abandoned-in-place and will remain in use. If tripolymer foam is to be
used, the permit application must include buoyancy calculations based upon the
particular tripolymer foam to be used. Information must also be included that
verifies the methods and materials that will be used to protect against UST
floatation once abandoned-in-place. PEI/RP-100 addresses the issue of
floatation and anchorage calculations that may be of assistance to the
submitting contractor relative to determining ballast needs.
3) If the ability to abandon-in-place is
questioned, a third-party professional structural engineer may be used to
determine the feasibility of removal in order to verify that the tank is or is
not eligible to be abandoned in place under Section
175.840(a).
n) For permits applicable to
mobile fueling sites and related contractors, see 41 Ill. Adm. Code
174.440 and
174.450.
