Section 170.541  Installer, Repairer, Liner or Remover of USTs and Obtaining Permits

Any person who is an installer, repairer, liner or remover of underground storage tanks is a contractor.  However, in order for a contractor to do lining inspections, lining touch up or cathodic protection, or install, repair, line, upgrade, abandon or remove any UST, the contractor is required to be licensed and obtain a permit for that activity, in compliance with the following:

a)         Pay $100 per site to the Office of the State Fire Marshal for a permit to install, repair, or line, or perform lining touch up, lining inspections, cathodic protection, or abandonment, upgrade or removal of underground storage tanks.

1)         A separate fee is required for each type of activity.

2)         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 installer, repairer, liner or remover.

3)         Only contractors licensed and certified in accordance with Subpart E (or their respective employees, who do not have to be licensed and certified), and not barred pursuant to Subpart D, may obtain permits.  Contractors are required to be licensed and certified in the UST activity for which they are applying.

4)         Only contractors, their employees or subcontractors may perform the permitted UST activity in accordance with Subpart E.

5)         Only the most current permit application for the activity is to be submitted.

6)         Insufficient information submitted with the permit application or an illegible permit application submission is cause for return or denial.

7)         Permits expire 6 months from the date they are issued.  The applicant may apply for additional 6 month extensions.  Each extension request will be accompanied by a $100 fee.  Contractors may apply for one extension at the time of the original application.  A new permit application and fee must be submitted if the permit lapses.

8)         Permit applications denied or rejected the second time will require a new application submission fee.

9)         Permit applications and issued permits are not transferable.

10)         Permit applications and issued permits may only be submitted and amended by contractors licensed and certified in the area of UST activity for which they are applying.

11)         Amended permits.  Granted permits may be amended only once in the office or in the field without a new application fee.  Additional amendments may be allowed with an additional $100 fee; except, each change that requires a new contractor, a new site plan or another engineering review to determine acceptability will require a new permit application submission and $100 fee.

12)         A person who is the owner of a UST for which a permit is obtained shall be listed on the permit application as the owner.

13)         In the event there is a delegation of authority to the City of Chicago to enforce UST rules and regulations, pursuant to 430 ILCS 15/2, subject to the terms of such an agreement, the City has the authority to modify this subsection (a) to issue the permits and collect the fees for its own use, regarding UST activities within the jurisdiction of the City.

14)         A permit is closed:

A)        When the work under the permit is completed and the required notification forms have been submitted to the OSFM; or

B)        When the permit has lapsed, expired or been revoked.

b)         No permit may be issued when a current owner is listed on a permit application who owes fees pursuant to Section 170.441 or 170.442 until any such fee is paid in full.

c)         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 170.481, and the permit shall be available upon request of an Office of the State Fire Marshal representative.  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.  This does not preclude suspension or revocation for a violation of any other applicable Section.

d)         No UST owners or operators may perform any UST activity on their UST, unless the owner complies with the licensing and certification requirements of Subpart E.

e)         UST activity performed that is not in compliance with the conditions of a permit issued to a contractor is cause for permit revocation, or suspension or revocation of the license of that contractor to perform any UST activity.  This does not preclude suspension or revocation for a violation of any other applicable Section.

f)          For purposes of this Section, the term "installer" includes "replacer" and "install" includes "replace"; the term "repairer" includes a person who upgrades and "repair" includes "upgrade"; and the term "remover" includes a person who "abandons-in-place" and "remove" includes "abandon-in-place" a UST.

g)         Actions requiring a permit.

1)         A permit is required to do any of the following to USTs:

A)        remove;

B)        abandon-in-place;

C)        upgrade;

D)        repair;

E)         line;

F)         inspect linings;

G)        lining touch ups;

H)        emergency repairs;

I)          repair or install cathodic protection;

J)         install manways (except in cases associated with a lining permit or lining inspection permit) with manholes bolted to the tank top, only when in conjunction with an inspection and in a manner that does not damage the existing lining;

K)        install a UST and piping; or

L)         any time a tank is entered.

2)        Primary leak detection systems, corrosion protection, spill containment, overfill prevention, dispenser activity under Section 170.420(d)(19), and new dispenser islands also require permits.

h)           Actions not requiring a permit.

1)         No permit is required to do routine maintenance on, or like-for-like replacements for, the following:  

A)        submersible pumps;

B)        spill containment devices;

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; or

I)          rectifiers.

2)         The exceptions listed in subsection (h)(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.

3)         In the event that equipment is not installed like-for-like and/or equipment is installed without a permit, the owner/operator will be required to do the following:

A)        Hire an OSFM recognized contractor other than the contractor who did the unauthorized/non-permitted work.

B)        OSFM Engineering Department will determine if the equipment is approved for this application.

C)        Contractor will submit a Date and Time Certain job schedule to review the installation and determine that the equipment has been installed as per manufacturer’s specifications.

D)        Contractor will schedule a Date and Time Certain final inspection. The contractor will have a representative at the final inspection that is knowledgeable and able to work with this equipment.  An amended notification form for this installation shall be available for the STSS.  The representative will review the equipment with the STSS.

4)         Replacing of any of the above equipment must be reported in writing, within 24 hours after the activity, to the OSFM, on an OSFM approved form, listing the make, model, and manufacturer of the equipment, indicating where the equipment is being installed.

5)         When replacing an electronic line leak detector that is capable of detecting a release within 0.1gph with a mechanical line leak detector, notification must be made by the contractor to the OSFM in writing, within 8 working hours after replacement, on an approved OSFM form.  An original replacement must be completed within 10 working days and notification of completion shall be submitted to the OSFM within 8 working hours after the replacement.

6)         A valid permit does not remedy a violation until the work is completed and does not allow for any extensions of time for compliance.

(Source:  Amended at 32 Ill. Reg. 1428, effective February 1, 2008)