Section 177.115  Evidence of Compliance Status for UST Facilities  

a)         Evidence of compliance status for UST facilities shall consist of a tag or decal issued by OSFM. The tag or decal shall be either:

1)         Red: indicating non-compliance; or

2)         Green: indicating compliance.

b)         Evidence of compliance status (green decal) shall be affixed as follows:

1)         for motor fuel dispensing facilities, to the window closest to the main entry of the motor fuel dispensing facility or, if such a window is not available, to the inside window of the dispenser cabinet;

2)         for non-motor fuel dispensing facilities, near the fill pipe at a location agreed to by the representative of OSFM.

c)         If more than one UST is located at the facility, and some but not all USTs are in compliance, OSFM, in its discretion, may issue a green decal that shall be affixed as provided in subsection (b) and will issue individual red tags for each of the non-compliant USTs that shall be affixed directly onto the fill pipe of the non-compliant UST or near the fill pipe of the non-compliant UST at a location approved by OSFM.  When an NOV for one or more violations of OSFM UST rules under 41 Ill. Adm. Code 172, 174, 175, 176 and this Part is not corrected after 60 days, another NOV will be written to require the application of red tags to all USTs at the facility (pursuant to Sections 3.5(b) and 3.5 (c) of the Gasoline Storage Act [430 ILCS 15/3.5(b) and (c)]).

d)         Evidence of compliance status may also be a notice or letter issued by OSFM indicating the facility status.  The letter or notice shall be valid for 30 days from the date of the notice or letter.

e)         No decal or tag shall be removed by anyone other than an employee of OSFM. Upon reaching full compliance with the requirements of 41 Ill. Adm. Code 172, 174, 175 and 176 and this Part, OSFM shall issue a green decal to a facility as soon as practicable. Upon reaching full compliance for a particular tank, OSFM shall remove any red tag prohibiting deposit into a particular UST as soon as practicable. Any request to fill a UST with a required minimal amount of fuel necessary to perform precision testing must be submitted electronically at the UST contractor portal (https://webapps.sfm.illinois.gov/USTPortal/Home/ Login?ReturnUrl=%2fUSTPortal) and approved by OSFM in advance.  A depositor may make one deposit of a regulated substance to a newly installed or newly lined tank to provide ballast.  That regulated substance shall not be sold or dispensed until the required decal is obtained.

(Source:  Amended at 47 Ill. Reg. 6972, effective May 2, 2023)