Section 170.440  Notification Requirements for Purposes of UST Registration

a)         For any UST, with the exception of a UST containing heating oil not for consumptive use on the premises where stored:

1)         Any owner of an underground storage tank system in operation at any time after January 1, 1974, and in the ground as of September 24, 1987, shall submit immediately a notice of existence of such tank system to the Office of the State Fire Marshal, on the form prescribed by the Office.

2)         Any owner of an underground storage tank system brought into operation on or after April 21, 1989, shall submit, within 30 days after bringing such tank into operation, a notice of existence of such tank system to the Office of the State Fire Marshal, on the form prescribed by the Office.  This applies even if the UST was subject to a change-in-service, pursuant to Section 170.630(a) or (b), within the 30-day time period.

3)         For the definition of UST, see Section 170.400.

4)         The Office of the State Fire Marshal shall use the information required to be submitted, pursuant to this subsection (a), to determine registrability of USTs.

b)         For a UST containing heating oil for consumptive use on the premises where stored:

1)         Any owner of a heating oil underground storage tank system greater than 1100 gallons in capacity and in the ground as of July 11, 1990, shall submit immediately a notice of existence of such tank system to the Office of the State Fire Marshal, on the form prescribed by the Office.

2)         Any owner of a heating oil underground storage tank system greater than 110 gallons and less than or equal to 1100 gallons in capacity and in the ground as of September 6, 1991, shall submit immediately a notice of existence of such tank system to the Office of the State Fire Marshal, on the form prescribed by the Office.

3)         Any owner of a heating oil underground storage tank system greater than 110 gallons in capacity installed after September 6, 1991, shall submit, within 30 days after bringing such tank into operation, a notice of existence of such tank system to the Office of the State Fire Marshal, on the form prescribed by the Office.  This applies even if the UST was subject to a change-in-service, pursuant to Section 170.630(a) or (b), within the 30-day time period.

4)         Heating oil tanks used exclusively for storing heating oil for consumptive use on a farm or residence are exempt from being classified as a UST.

5)         The Office of the State Fire Marshal shall use the information required to be submitted, pursuant to this subsection (b), to determine registrability of USTs.

c)         Owners required to submit notices under subsection (a) or (b) above shall provide notice for each tank they own.  Owners may provide notice for more than one tank using one notification form, but owners who own tanks located at more than one facility shall file a separate notification form for each separate facility.

d)         Owners shall provide all of the information referenced in subsections (a) and (b) above, as prescribed by the Office of the State Fire Marshal in the forms, including any certification required of the owner by this Part.

e)         Any owner of a new UST system shall certify in the notification form compliance with the following requirements:

1)         Installation of tanks and piping under Sections 170.420 and 170.421;

2)         Cathodic protection of steel tanks and piping under Sections 170.420(a) and 170.421(d);

3)         Release detection under Section 170.510 or 170.520; and

4)         Financial responsibility in accordance with Subpart C.

f)          All owners and operators of UST systems, which have been installed, upgraded or relined at any time since January 1, 1989, shall make a reasonable effort to ensure that the contractor certifies in the notification form that the methods used to perform the UST activity comply with the requirements of Section 170.420(d), and the contractor shall complete the certification.  Such notification form is to be submitted to the Office of the State Fire Marshal within 30 days after the completion of the activity requiring certification.

g)         Any change in information stated in the form as described in subsections (a) and (b) above is to be submitted to the Office of the State Fire Marshal on an amended form, as prescribed by the Office, within 30 days, commencing from the date of such change.  This includes, but is not limited to, removal, abandonment-in-place and temporary out-of-service status.  A change in ownership is considered a change in information and is the responsibility of each subsequent owner to so report.

h)         Commencing April 1, 1995, any person who sells a new or re-certified tank, intended to be used as an underground storage tank, shall notify the purchaser of such tank of the owner's notification obligations under subsections (a)(2) and (b)(3) of this Section.  The notification form provided by the Office of the State Fire Marshal may be used to comply with this requirement.

(Source:  Amended at 19 Ill. Reg. 5467, effective April 1, 1995)