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91_HB0381
LRB9101759ACprA
1 AN ACT to amend the Environmental Protection Act by
2 changing Section 57.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended
6 by changing Section 57.5 as follows:
7 (415 ILCS 5/57.5)
8 Sec. 57.5. Underground Storage Tanks; removal; repair;
9 abandonment.
10 (a) Notwithstanding the eligibility or the level of
11 deductibility of an owner or operator under the Underground
12 Storage Tank Fund, any owner or operator of an Underground
13 Storage Tank may seek to remove or abandon such tank under
14 the provisions of this Title. In order to be reimbursed
15 under Section 57.8, the owner or operator must comply with
16 the provisions of this Title. In no event will an owner or
17 operator be reimbursed for any costs which exceed the minimum
18 requirements necessary to comply with this Title.
19 (b) Removal or abandonment of an Underground Storage
20 Tank must be carried out in accordance with regulations
21 adopted by the Office of State Fire Marshal.
22 (c) At all times during the removal, abandonment,
23 installation, upgrading, or repair of an underground storage
24 tank an individual representing the permit holder must be
25 present that has completed and is certified in a 40-hour
26 Occupational Safety and Health Administration safety training
27 course, has completed and is certified in a current 8-hour
28 refresher course, and is certified by the International Fire
29 Code Institute for the work being performed. Certification
30 of the individual's qualifications shall be on record in the
31 Office of the State Fire Marshal. The Office of the State
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1 Fire Marshal or a designated agent shall have an inspector on
2 site at the time of removal, abandonment, or such other times
3 the Office of State Fire Marshal deems appropriate. At such
4 time, the inspector shall, upon preliminary excavation of the
5 tank site, render an opinion as to whether a release of
6 petroleum has occurred and, if so, the owner or operator
7 shall report the known or suspected release to the Illinois
8 Emergency Management Agency. The owner or operator shall
9 determine whether or not a release has occurred in
10 conformance with the regulations adopted by the Board and the
11 Office of the State Fire Marshal. Except that if the opinion
12 of the Office of the State Fire Marshal inspector is that a
13 release of petroleum has occurred and the owner or operator
14 has reported the release to the Illinois Emergency Management
15 Agency within 24 hours of removal of the tank, no such
16 determination is required under this subsection. In the
17 event the owner or operator confirms the presence of a
18 release of petroleum, the owner or operator shall comply with
19 Section 57.6. The inspector shall provide the owner or
20 operator, or a designated agent, with an "Eligibility and
21 Deductibility Determination" form. The Office of the State
22 Fire Marshal shall provide on-site assistance to the owner or
23 operator or a designated agent with regard to the eligibility
24 and deductibility procedures as provided in Section 57.9. If
25 the Office of the State Fire Marshal is not on site, the
26 Office of the State Fire Marshal shall provide the owner or
27 operator with an "Eligibility and Deductibility
28 Determination" form within 15 days after receiving notice
29 that the confirmed release was reported by the owner or
30 operator.
31 (d) In the event that a release of petroleum is
32 confirmed under subsection (c) of this Section, the owner or
33 operator may elect to backfill the preliminary excavation and
34 proceed under Section 57.6.
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1 (e) In the event that an Underground Storage Tank is
2 found to be ineligible for payment from the Underground
3 Storage Tank Fund, the owner or operator shall proceed under
4 Sections 57.6 and 57.7.
5 (f) In the event that no release of petroleum is
6 confirmed, the owner or operator shall proceed to complete
7 the removal of the underground storage tank, and when
8 appropriate, dispose of the tank and backfill the excavation
9 or, in the alternate, abandon the underground storage tank in
10 place. Either option shall be in accordance with regulations
11 adopted by the Office of the State Fire Marshal. The owner
12 or operator shall certify to the Office of the State Fire
13 Marshal that the tank removal or abandonment was conducted in
14 accordance with all applicable rules and regulations, and the
15 Office of the State Fire Marshal shall then issue a
16 certificate of removal or abandonment to the owner or
17 operator. If the Office of the State Fire Marshal fails to
18 issue a certificate of removal or abandonment within 30 days
19 of receipt of the certification, the certification shall be
20 considered rejected by operation of law and a final action
21 appealable to the Board. Nothing in this Title shall prohibit
22 the Office of the State Fire Marshal from making an
23 independent inspection of the site and challenging the
24 veracity of the owner or operator certification.
25 (g) The owner or operator of an underground storage tank
26 taken out of operation before January 2, 1974, or an
27 underground storage tank used exclusively to store heating
28 oil for consumptive use on the premises where stored and
29 which serves other than a farm or residential unit shall not
30 be required to remove or abandon in place such underground
31 storage tank except in the case in which the Office of the
32 State Fire Marshal has determined that a release from the
33 underground storage tank poses a current or potential threat
34 to human health and the environment. In that case, and upon
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1 receipt of an order from the Office of the State Fire
2 Marshal, the owner or operator of such underground storage
3 tank shall conduct removal and, if necessary, corrective
4 action in accordance with this Title and regulations
5 promulgated by the Office of State Fire Marshal and the
6 Board.
7 (h) In the event that a release of petroleum occurred
8 between September 13, 1993, and August 1, 1994, for which the
9 Office of the State Fire Marshal issued a certificate of
10 removal or abandonment based on its determination of "no
11 release" or "minor release," and the Office of the State Fire
12 Marshal subsequently has rescinded that determination and
13 required a report of a confirmed release to the Illinois
14 Emergency Management Agency, the owner or operator may be
15 eligible for reimbursement for the costs of corrective action
16 incurred on or after the date of the release but prior to the
17 notification of the Illinois Emergency Management Agency.
18 The date of the release shall be the date of the initial
19 inspection by the Office of the State Fire Marshal as
20 recorded in its inspection log. Eligibility and
21 deductibility shall be determined in accordance with this
22 Title, the owner or operator must comply with the provisions
23 of this Act and its rules, and in no case shall the owner or
24 operator be reimbursed for costs exceeding the minimum
25 requirements of this Act and its rules.
26 (Source: P.A. 88-496; 89-428, eff. 1-1-96; 89-457, eff.
27 5-22-96.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.