CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 175 TECHNICAL REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES
SECTION 175.300 PERMITTED UST ACTIVITY
Section 175.300 Permitted UST Activity
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" 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. Contractor licensing applications and information can be found at www.state.il.us/osfm/forms/AppUSTContractorLicense.pdf and at www.state.il.us/osfm/PetroChemSaf/172%20Contractor%20Licensing%20Rules.pdf.
5) Only contractors, their employees or subcontractors may perform the permitted UST activity in accordance with 41 Ill. Adm. Code 172.
6) The current OSFM permit application forms for the given activity shall be submitted. Electronically reproduced forms shall be identical to the current OSFM-approved permit application forms at www.state.il.us/osfm/Techservices/application_forms.htm.
8) Permit applications and issued permits are not transferable.
9) The owner of the UST must be identified on the permit application.
10) No permit may be issued when the current owner listed on the application owes fees pursuant to Section 175.330 or 41 Ill. Adm. Code 176.450 until the fees are paid in full.
11) 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 in the possession of the contractor or representative of the contractor at the UST site, except pursuant to Section 175.710, and the permit shall be available to an OSFM representative, on request. For emergency repair procedures, see Section 175.710. Performance by a contractor of a UST activity in violation of this Section may result in the suspension or revocation of the license of that contractor to perform any UST activity pursuant to 41 Ill. Adm. Code 172.
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, piping or interstitial sensors;
3) abandon-in-place a UST or piping;
4) upgrade;
5) repair, including flex connector replacement;
6) line;
7) inspect linings;
8) emergency repairs;
9) repair or install 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(g), 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(d) and any new dispenser location;
13) submersible activity that triggers the requirement to install a tank containment sump under Section 175.410(b);
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.
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 (replacements shall be at least 5 gallons capacity);
C) drop tube valves;
D) ball floats;
E) ATG probes;
F) mechanical line leak detectors;
G) electronic line leak detectors;
H) wireless electronic line leak detectors;
I) rectifiers; or
J) interstitial monitoring sensors.
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 in writing, within 24 hours after the activity, to OSFM, on forms provided by OSFM at www.state.il.us/osfm/PetroChemSaf/
LikeForLike.pdf, listing the make, model and manufacturer of the equipment, and indicating where the equipment is being installed. Copies of these notifications shall also be maintained at the site or available within 30 minutes or before OSFM completes its inspection, whichever is later, for a period of at least 2 years. 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 in writing before the permit lapses and must be accompanied by a $200 fee.
i) Amended Permits. Granted permits may be amended only once without a new application fee. For all permit amendments, each change that requires a new 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. "As-built" drawings reflecting any amendment to the site plan shall be submitted to OSFM within 10 days after the amendment. Permit amendments that circumvent newly adopted technical requirements will not be allowed.
j) Site plans showing setback distances shall be submitted in triplicate, by the contractor listed on the permit application, to OSFM. 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 will 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, 174, 175, 176, 177 and 180.
2) When temporarily replacing a defective electronic line leak detector with a mechanical line leak detector, the contractor must notify OSFM in writing within 8 working hours after replacement, on a form provided by OSFM at www.state.il.us/osfm/PetroChemSaf/LikeForLike.pdf. Replacement of the temporary mechanical line leak detector with the final electronic line leak detector must be completed within 10 working days, and notification of this replacement shall be submitted to OSFM on a form provided by OSFM at www.state.il.us/osfm/PetroChemSaf/LifeForLike.pdf within the same 10 day period.
3) When piping is removed from an existing trench and replaced with new piping installed in another location at a site, both a removal and upgrade permit are required. However, where piping is removed from an existing trench and replaced with new piping installed in the same trench, only an upgrade permit is required, although at least one employee certified in the decommissioning module shall be required for the work.
4) 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.
5) A permit must be obtained prior to construction of a building or structure where loading and unloading or dispensing operations will occur. However, the permit will not require the customary permit fee, nor licensing or certification of a contractor, under this Section.
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) Fleet mobile fueling sites and related contractors require a different permit under 41 Ill. Adm. Code 174.440 and 174.450.
n) In the event there is a delegation of authority to the City of Chicago to enforce UST rules and regulations, pursuant to the Gasoline Storage Act [430 ILCS 15/2], subject to the terms of that agreement, the City has the authority to modify subsections (a)(1) through (a)(10) of this Section to issue the permits and collect the fees for its own use, regarding UST activities within the jurisdiction of the City.