TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 176 ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES
SECTION 176.440 NOTIFICATION REQUIREMENTS FOR PURPOSES OF UST REGISTRATION

 

Section 176.440  Notification Requirements for Purposes of UST Registration

 

a)         For any UST, with the exception of a UST containing heating oil for consumptive use on the premises where stored:

 

1)         Any owner of a UST 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 the tank system to OSFM, on the electronic Notification for Underground Storage Tanks form and the accompanying Authorization to Submit provided by OSFM, available at the forms page for the Division of Petroleum and Chemical Safety at https://sfm.illinois.gov/about/divisions/petroleum-chemical-safety/applications-and-forms.html.

 

2)         Any owner of a UST brought into operation on or after April 21, 1989 shall submit, within 30 days before bringing the tank into operation, a notice of existence of the tank system to OSFM, on the electronic Notification for Underground Storage Tanks form provided by OSFM at the website cited in subsection (a)(1). This applies even if the UST was subject to a change-in-service under 41 Ill. Adm. Code 175.820(a) or (b) within the 30-day time period.

 

3)         OSFM shall use the information required to be submitted under this subsection (a) to determine whether a UST must be registered.

 

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

 

1)         Any owner of a heating oil UST greater than 1,100 gallons in capacity and in the ground as of July 11, 1990 shall submit immediately a notice of existence of the tank system to OSFM, on the electronic Notification for Underground Storage Tanks form provided by OSFM.

 

2)         Any owner of a heating oil UST greater than 110 gallons and less than or equal to 1,100 gallons in capacity and in the ground as of September 6, 1991 shall submit immediately a notice of existence of the tank system to OSFM, on the electronic Notification for Underground Storage Tanks form provided by OSFM.

 

3)         Any owner of a heating oil UST greater than 110 gallons in capacity installed after September 6, 1991 shall submit, within 30 days after bringing the tank into operation, a notice of existence of the tank system to OSFM, on the electronic Notification for Underground Storage Tanks form provided by OSFM. This applies even if the UST was subject to a change-in-service under 41 Ill. Adm. Code 175.820(a) or (b) within the 30-day time period.

 

4)         A heating oil tank used exclusively for storing heating oil for consumptive use on a farm or residence is not classified as a UST.

 

5)         OSFM shall use the information required to be submitted by this subsection (b) to determine whether a UST must be registered.

 

c)         Owners required to submit notices under subsection (a) or (b) 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. The owner shall provide the proper street address for the owner and for each facility.

 

d)         Owners shall provide all of the information required in subsections (a) and (b), on the electronic Notification for Underground Storage Tanks forms provided by OSFM, including any certification required of the owner by this Part.

 

e)         Any owner of a UST newly installed on or after April 21, 1989 shall certify compliance with the following requirements (in the electronic Certification of Compliance/Installation Oath and in the electronic Notification for Underground Storage Tanks form found at the website cited in subsection (a)(1)):

 

1)         Installation of tanks under 41 Ill. Adm. Code 175.400, 175.405, 175.410 and 175.465, Sections 176.420 (or compliance with applicable third-party standards or codes as cited in OSFM rules as of the date of installation) and 176.430(f) and installation of piping under 41 Ill. Adm. Code 175.420;

 

2)         Cathodic protection of steel tanks and piping under 41 Ill. Adm. Code 175.400(b), 175.420(a) and 175.510;

 

3)         Release detection under 41 Ill. Adm. Code 175.610, 175.620, 175.630 and 175.640; and

 

4)         Financial responsibility in accordance with Subpart B of this Part. The green decal  shall not be issued for a new tank installation until the notification required by this Section has been received by OSFM.

 

f)         Beginning January 1, 1989, all owners and operators of USTs being installed shall ensure that the licensed contractor certifies in the electronic Notification for Underground Storage Tanks form that the methods used to perform the UST activity comply with the requirements of 41 Ill. Adm. Code 172, 174, 175, 176 and 177, and the contractor shall complete the certification. The notification form (found at the website cited in subsection (a)(1)) is to be submitted to OSFM prior to the final installation inspection with OSFM.

 

g)         Any change in information stated in the form as described in subsections (a) and (b) is to be submitted to OSFM on an electronic Notification for Underground Storage Tanks (found at the website cited in subsection (a)(1)) within 30 days, commencing from the date of the change. This includes, but is not limited to out-of-service status. A change in ownership is considered a change in information and each subsequent owner is required to report that change within 30 days after acquisition.  The new owner shall electronically complete the Notification for Underground Storage Tanks form, the accompanying Authorization to Submit, and provide the Property Identification Number (PIN) for the facility property when completing these forms.  Copies of proof of legal ownership, including, but not limited to the current deed, property tax record, contract or lease, shall be downloaded at the OSFM website cited in subsection (a)(1) above when completing this electronic Notification for Underground Storage Tanks forms.

 

h)         Commencing April 1, 1995, any person who sells a new or re-certified tank intended to be used as a UST shall notify the purchaser of the owner's notification obligations under this Section. The electronic Notification for Underground Storage Tanks form provided by OSFM (found at the website cited in subsection (a)(1)) shall be used to comply with this requirement.

 

i)          Whenever a Notification for Underground Storage Tanks form is required under this Part or Parts 174 or 175, the form shall be completed and submitted electronically, and shall include the completed Authorization to Submit.  These forms will require the owner to include the Property Identification Number (PIN) for the facility property.

 

(Source:  Amended at 47 Ill. Reg. 6949, effective May 2, 2023)