Section 170.672  Pre-'74 and Heating Oil USTs

a)         Although USTs not in operation at any time after January 1, 1974 (commonly referred to as "pre-'74 USTs") are not registrable (see Section 170.440) and are not required to be removed, unless the Office of the State Fire Marshal has determined that a release from the USTs poses a current or potential threat to human health and the environment, they remain classified as USTs; consequently, they must be removed or abandoned-in-place. Permits are required, as well as compliance with all other applicable Sections in this Subpart.

b)         Heating oil USTs (for consumptive use on the premises where stored), regardless when last in operation, are not required to be removed, unless the Office of the State Fire Marshal has determined that a release from the USTs poses a current or potential threat to human health and the environment. However, they remain classified as USTs; consequently, if they are removed or abandoned-in-place, permits are required.  Also, they are subject to the notification requirements, as well as compliance with all other applicable Sections in this Subpart.

c)         All USTs referenced in subsections (a) and (b) of this Section, which the Office of the State Fire Marshal has not determined are the source of a release that poses a current or potential threat to human health and the environment, remain classified as USTs and are subject to all applicable Sections in this Subpart.

d)         Heating oil USTs installed prior to April 1, 1995 are not required to meet the new tank performance standards or leak detection requirements contained in this Part. Heating oil USTs installed after April 1, 1995 must meet all current upgrade requirements outlined in this Part, including permitting.

e)         If any pre-'74 tank, heating oil or otherwise, discovered during any activity, is found to be damaged or is damaged at the time of discovery, it shall be removed.  No structure shall be erected over pre-'74 tanks, heating oil or otherwise, and they must be removed by an approved contractor.  All applicable permits apply.

(Source:  Amended at 27 Ill. Reg. 8164, effective May 1, 2003)