Section 172.30  Definitions

 

"Certified employee" is an individual who performs UST activity for a licensed UST contractor and has successfully completed OSFM prescribed exams for the module in which the employee is conducting UST activity.  "

 

"Contractor" is a licensed person, excluding employees, who performs any UST activity.

 

"Contractor Notice of Violation" (CNOV) is a formal notice to a petroleum equipment contractor notifying the contractor of specific violations of the UST rules (41 Ill. Adm. Code 170).

 

"DPCS" means Division of Petroleum and Chemical Safety of the Office of the State Fire Marshal.

 

"Employee" is a licensee or person who is currently employed by a contractor licensed in accordance with this Part.

 

"Industry member" is a petroleum equipment contractor licensed in at least 2 UST modules.

 

"License restoration" is the process of an individual renewing a license after having let it expire.

 

"Managerial or administrative control" means having authority to conduct the affairs of the organization and direct others in the conduct of the affairs or business of the organization.

 

"Module" includes the following types of activity:

 

Installation of USTs;

 

Repair of USTs, which shall include retrofitting and installation of cathodic protections systems;

 

Decommissioning of USTs, including abandonment-in-place;

 

Relining of USTs;

 

Tank and piping tightness testing;

 

Testing of cathodic protection systems; and

 

Any other category established by the Office of the State Fire Marshal.

 

"Office" or "OFSM" means the Office of the State Fire Marshal.

 

"Officer" means:

 

If the organization is a sole proprietorship, the owner of the organization or any person exercising managerial control.

 

            If the organization is a partnership, any partner who has at least 10% ownership interest or any partner who exercises managerial control.

 

            If the organization is a corporation, any officer or director of the corporation or any person who has at least 10% ownership interest in such corporation or who exercises managerial control.

 

"Organization" means a business or other entity, including, but not limited to, a sole proprietorship, partnership, corporation or association and includes units of local government, the State of Illinois and the Federal Government.

 

"OMI" or "Operational Maintenance Inspection" means an inspection performed by a Storage Tank Safety Specialist (STSS) to establish a facility’s regulatory compliance.

 

"OSHA" means the federal Occupational Safety and Health Administration.

 

"OSI" or "Operational Safety Inspection" means an inspection of removal, abandonment-in-place or any tank entry activity requiring an STSS on site.

 

"PAI" or "Performance Assurance Inspection" means an inspection of UST installation, upgrades, tank tightness testing or cathodic protection activity, where an STSS is scheduled by Date and/or Time Certain job schedules.

 

"PECLA" means Petroleum Equipment Contractor Licensing Act [225 ILCS 729].

 

"Penalty process" means CNOVs can result in formal penalties ranging from written warning to financial penalty and license suspension to license revocation.

 

"Permit" or "permitting" refers to the requirements for, and the process of obtaining, permits required by 41 Ill. Adm. Code 170.541.

 

"Person" is a natural person or any company, corporation or other business entity.

 

"Petroleum equipment contractor" is a person, company or corporation that installs, repairs, tests or removes petroleum or hazardous substance USTs.

 

"Review Panel" (RP) is part of an appeal process for contractors contesting their CNOVs. The RP is appointed by the State Fire Marshal and contains the following 6 members:

 

3 members of the staff of DPCS.

 

3 members who have been active as petroleum equipment contractors for a minimum of 2 years and are personally certified in at least 2 modules.

 

"State Fire Marshal" means the State Fire Marshal of the State of Illinois.

 

"Storage Tank Safety Specialist" (STSS) is a member of the DPCS staff assigned to perform field work involving Certification Audits of UST facilities in Illinois, PAI, OSI, OMI.

 

"UST" means underground storage tank system.

 

"UST activity" means a UST:

 

Installation – including retrofitting and cathodic protection installation;

 

Repair – including upgrade, which includes retrofitting and cathodic protection installation;

 

Removal – decommissioning, which includes abandonment-in-place;

 

Lining (interior lining) – including initial lining, lining inspection, subsequent lining, repair of lining and lining touch ups;

 

Tank tightness testing;

 

Cathodic protection testing; or

 

Installation of manways and any tank entry.