Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart A - GENERAL › Section 734.115 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Except as stated in this Section, or unless a different
				  meaning of a word or term is clear from the context, the definitions of words
				  or terms in this Part must be the same as those applied to the same words or
				  terms in the Environmental Protection Act [415 ILCS 5 ].
"Act" means the Environmental Protection Act [415 ILCS 5
				  ].
"Agency" means the Illinois Environmental Protection
				  Agency.
"Alternative Technology" means a process or technique, other
				  than conventional technology, used to perform a corrective action with respect
				  to soils contaminated by releases of petroleum from an underground storage
				  tank.
"Board" means the Illinois Pollution Control Board.
"Bodily Injury" means bodily injury, sickness, or disease
				  sustained by a person, including death at any time, resulting from a release of
				  petroleum from an underground storage tank [415 ILCS
				  5/57.2 ].
"Community Water Supply" means a public water supply which
				  serves or is intended to serve at least 15 service connections used by
				  residents or regularly serves at least 25 residents [415
				  ILCS 5/3.145 ].
"Confirmation of a release" means the confirmation of a
				  release of petroleum in accordance with regulations promulgated by the Office
				  of the State Fire Marshal at 41 Ill. Adm. Code 170.
"Confirmed Release" means a release of petroleum that has
				  been confirmed in accordance with regulations promulgated by the Office of the
				  State Fire Marshal at 41 Ill. Adm. Code 170.
"Conventional Technology" means a process or technique to
				  perform a corrective action by removal, transportation, and disposal of soils
				  contaminated by a release of petroleum from an underground storage tank in
				  accordance with applicable laws and regulations, but without processing to
				  remove petroleum from the soils.
"Corrective Action" means activities associated with
				  compliance with the provisions of Sections 57.6 and 57.7 of the Act
				  [415 ILCS 5/57.2
				  ].
"County highway" means county highway as defined in the
				  Illinois Highway Code [605 ILCS 5 ].
"District road" means district road as defined in the
				  Illinois Highway Code [605 ILCS 5].
"Environmental Land Use Control" means Environmental Land Use
				  Control as defined in 35 Ill. Adm. Code
				  742.200.
"Federal Landholding Entity" means that federal department,
				  agency, or instrumentality with the authority to occupy and control the
				  day-to-day use, operation, and management of Federally Owned Property.
"Federally Owned Property" means real property owned in fee
				  simple by the United States on which an institutional control is or
				  institutional controls are sought to be placed in accordance with this
				  Part.
"Fill Material" means non-native or disturbed materials used
				  to bed and backfill around an underground storage tank [415 ILCS
				  5/57.2].
"Financial interest" means any ownership interest, legal or
				  beneficial, or being in the relationship of director, officer, employee, or
				  other active participant in the affairs of a party. Financial interest does not
				  include ownership of publicly traded stock.
"Free Product" means a contaminant that is present as a
				  non-aqueous phase liquid for chemicals whose melting point is less than 30°
				  C (e.g., liquid not dissolved in water).
"Full Accounting" means a compilation of documentation to
				  establish, substantiate, and justify the nature and extent of the corrective
				  action costs incurred by an owner or operator.
"Fund" means the Underground Storage Tank Fund [415 ILCS
				  5/57.2].
"GIS" means Geographic Information System.
"GPS" means Global Positioning System.
"Groundwater" means underground water which occurs within the
				  saturated zone and geologic materials where the fluid pressure in the pore
				  space is equal to or greater than atmospheric pressure [415 ILCS 5/3.210
				  ].
"Handling Charges" means administrative, insurance, and
				  interest costs and a reasonable profit for procurement, oversight, and payment
				  of subcontracts and field purchases.
"Heating oil" means petroleum that is No. 1, No. 2, No.
				  4-light, No. 4-heavy, No. 5-light, No. 5-heavy or No. 6 technical grades of
				  fuel oil; and other residual fuel oils including navy special fuel oil and
				  bunker c [415 ILCS 5/57.2].
"Highway authority" means the Illinois Department of
				  Transportation with respect to a State highway; the Illinois State Toll Highway
				  Authority with respect to a toll highway; the county board with respect to a
				  county highway or a county unit district road if a discretionary function is
				  involved and the county superintendent of highways if a ministerial function is
				  involved; the highway commissioner with respect to a township or district road
				  not in a county or unit road district; or the corporate authorities of a
				  municipality with respect to a municipal street [605 ILCS
				  5/2-213 ].
"Highway Authority Agreement" means an agreement with a
				  highway authority that meets the requirements of 35 Ill. Adm. Code
				  742.1020.
"IEMA" means the Illinois Emergency Management Agency.
"Indemnification" means indemnification of an owner or
				  operator for the amount of judgment entered against the owner or operator in a
				  court of law, for the amount of any final order or determination made against
				  the owner or operator by any agency of State government or any subdivision
				  thereof, or for the amount of any settlement entered into by the owner or
				  operator, if the judgment, order, determination, or settlement arises out of
				  bodily injury or property damage suffered as a result of a release of petroleum
				  from an underground storage tank owned or operated by the owner or operator
				  [415 ILCS 5/57.2].
"Indicator contaminants" means the indicator contaminants set
				  forth in Section
				  734.405 of
				  this Part.
"Institutional Control" means a legal mechanism for imposing
				  a restriction on land use as described in 35 Ill. Adm. Code 742.Subpart
				  J.
"Land Use Control Memorandum of Agreement" means an agreement
				  entered into between one or more agencies of the United States and the Illinois
				  Environmental Protection Agency that limits or places requirements upon the use
				  of Federally Owned Property for the purpose of protecting human health or the
				  environment, or that is used to perfect a No Further Remediation Letter that
				  contains land use restrictions.
"Licensed Professional Engineer" means a person, corporation
				  or partnership licensed under the laws of the State of Illinois to practice
				  professional engineering [415 ILCS 5/57.2].
"Licensed Professional Geologist" means a person licensed
				  under the laws of the State of Illinois to practice as a professional geologist
				  [415 ILCS 5/57.2].
"Man-made Pathway" means a constructed route that may allow
				  for the transport of mobile petroleum free-liquid or petroleum-based vapors
				  including but not limited to sewers, utility lines, utility vaults, building
				  foundations, basements, crawl spaces, drainage ditches, or previously excavated
				  and filled areas.
"Monitoring Well" means a water well intended for the purpose
				  of determining groundwater quality or quantity.
"Natural Pathway" means a natural route for the transport of
				  mobile petroleum free-liquid or petroleum-based vapors including but not
				  limited to soil, groundwater, sand seams and lenses, and gravel seams and
				  lenses.
"Non-community water supply" means a public water supply that
				  is not a community water supply [415 ILCS
				  5/3.145 ].
"Occurrence" means an accident, including continuous or
				  repeated exposure to conditions, that results in a sudden or nonsudden release
				  from an underground storage tank [415 ILCS 5/57.2].
"OSFM" means the Office of the State Fire Marshal.
"Operator" means any person in control of, or having
				  responsibility for, the daily operation of the underground storage tank.
				  (Derived from
				  42 USC
				  6991 )
BOARD NOTE: A person who voluntarily undertakes action to
				  remove an underground storage tank system from the ground must not be deemed an
				  "operator" merely by the undertaking of such action.
"Owner" means:
In the case of an underground storage tank in use on November
				  8, 1984, or brought into use after that date, any person who owns an
				  underground storage tank used for the storage, use, or dispensing of regulated
				  substances;
In the case of any underground storage tank in use before
				  November 8, 1984, but no longer in use on that date, any person who owned such
				  underground storage tank immediately before the discontinuation of its use;
				  (Derived from
				  42 USC
				  6991 )
Any person who has submitted to the Agency a written election
				  to proceed under the underground storage tank program and has acquired an
				  ownership interest in a site on which one or more registered tanks have been
				  removed, but on which corrective action has not yet resulted in the issuance of
				  a "No Further Remediation Letter" by the Agency pursuant to the underground
				  storage tank program [415 ILCS 5/57.2].
"Perfect" or "Perfected" means recorded or filed for record
				  so as to place the public on notice, or as otherwise provided in Sections
				  734.715(c)
				  and (d) of this Part.
"Person" means, for the purposes of interpreting the
				  definitions of the terms "owner" or "operator," an individual, trust, firm,
				  joint stock company, joint venture, consortium, commercial entity, corporation
				  (including a government corporation), partnership, association, State,
				  municipality, commission, political subdivision of a State, or any interstate
				  body and must include the United States Government and each department, agency,
				  and instrumentality of the United States. (Derived from
				  42 USC
				  6991 )
"Petroleum" means petroleum, including crude oil or any
				  fraction thereof which is liquid at standard conditions of temperature and
				  pressure (60°F and 14.7 pounds per square inch absolute). (Derived from
				  42 USC
				  6991 )
"Potable" means generally fit for human consumption in
				  accordance with accepted water supply principles and practices [415
				  ILCS 5/3.340 ].
"Practical quantitation limit" or "PQL" means the lowest
				  concentration that can be reliably measured within specified limits of
				  precision and accuracy for a specific laboratory analytical method during
				  routine laboratory operating conditions in accordance with "Test Methods for
				  Evaluating Solid Wastes, Physical/Chemical Methods," EPA Publication No.
				  SW-846, incorporated by reference at Section
				  734.120
				  of this Part. For filtered water samples, PQL also means the Method Detection
				  Limit or Estimated Detection Limit in accordance with the applicable method
				  revision in: "Methods for the Determination of Metals in Environmental
				  Samples," EPA Publication No. EPA/600/4-91/010; "Methods for the Determination
				  of Metals in Environmental Samples, Supplement I," EPA Publication No.
				  EPA/600/R-94/111; "Methods for the Determination of Organic Compounds in
				  Drinking Water," EPA Publication No. EPA/600/4-88/039; "Methods for the
				  Determination of Organic Compounds in Drinking Water, Supplement II," EPA
				  Publication No. EPA/600/R-92/129; or "Methods for the Determination of Organic
				  Compounds in Drinking Water, Supplement III," EPA Publication No.
				  EPA/600/R-95/131, all of which are incorporated by reference at Section
				  734.120
				  of this Part.
"Property Damage" means physical injury to, destruction of,
				  or contamination of tangible property owned by a person other than an owner or
				  operator of the UST from which a release of petroleum has occurred and which
				  tangible property is located off the site where the release occurred. Property
				  damage includes all resulting loss of use of that property; or loss of use of
				  tangible property that is not physically injured, destroyed or contaminated,
				  but has been evacuated, withdrawn from use, or rendered inaccessible because of
				  a release of petroleum from an underground storage tank. [415 ILCS
				  5/57.2]
"Public Water Supply" means all mains, pipes and structures
				  through which water is obtained and distributed to the public, including wells
				  and well structures, intakes and cribs, pumping stations, treatment plants,
				  reservoirs, storage tanks and appurtenances, collectively or severally,
				  actually used or intended for use for the purpose of furnishing water for
				  drinking or general domestic use and which serve at least 15 service
				  connections or which regularly serve at least 25 persons at least 60 days per
				  year. A public water supply is either a "community water supply" or a
				  "non-community water supply". [415 ILCS
				  5/3.365 ]
"Registration" means registration of an underground storage
				  tank with the OSFM in accordance with Section 4 of the Gasoline Storage Act
				  [430 ILCS
				  15/4 ].
"Regulated Recharge Area" means a compact geographic area, as
				  determined by the Board (35 Ill. Adm. Code Subtitle F), the geology of which
				  renders a potable resource groundwater particularly susceptible to
				  contamination [415 ILCS
				  5/3.390 ].
"Regulated Substance" means any substance defined in Section
				  101(14) of the Comprehensive Environmental Response, Compensation, and
				  Liability Act of 1980 (
				  42
				  USC 9601(14) ) (but not
				  including any substance regulated as a hazardous waste under subtitle C of the
				  Resource Conservation and Recovery Act (
				  42 USC
				  6921 et seq.)) and petroleum. (Derived from
				  42 USC
				  6991 )
"Release" means any spilling, leaking, emitting, discharging,
				  escaping, leaching, or disposing of petroleum from an underground storage tank
				  into groundwater, surface water or subsurface soils [415 ILCS
				  5/57.2 ].
"Residential Property" means residential property as defined
				  in 35 Ill. Adm. Code 742.200.
"Residential Tank" means an underground storage tank located
				  on property used primarily for dwelling purposes.
"Residential Unit" means a structure used primarily for
				  dwelling purposes including multi-unit dwellings such as apartment buildings,
				  condominiums, cooperatives, or dormitories.
"Right-of-way" means the land, or interest therein, acquired
				  for or devoted to a highway [605 ILCS 5/2-217 ].
"Setback Zone" means a geographic area, designated pursuant
				  to the Act [415 ILCS 5/14.1, 5/14.2, 5/14.3 ] or regulations [35 Ill. Adm. Code
				  Subtitle F], containing a potable water supply well or a potential source or
				  potential route, having a continuous boundary, and within which certain
				  prohibitions or regulations are applicable in order to protect groundwater
				  [415 ILCS 5/3.450
				  ].
"Site" means any single location, place, tract of land or
				  parcel of property, including contiguous property not separated by a public
				  right-of-way [415 ILCS 5/57.2].
"State highway" means a State highway as defined in the
				  Illinois Highway Code [605 ILCS 5].
"Street" means a street as defined in the Illinois Highway
				  Code [605 ILCS 5].
"Surface Body of Water" or "Surface Water Body" means a
				  natural or man-made body of water on the ground surface including but not
				  limited to lakes, ponds, reservoirs, retention ponds, rivers, streams, creeks,
				  and drainage ditches. Surface body of water does not include puddles or other
				  accumulations of precipitation, run-off, or groundwater in UST
				  excavations.
"Toll highway" means a toll highway as defined in the Toll
				  Highway Act [605 ILCS 10 ].
"Township road" means a township road as defined in the
				  Illinois Highway Code [605 ILCS 5].
"Underground Storage Tank" or "UST" means any one or
				  combination of tanks (including underground pipes connected thereto) which is
				  used to contain an accumulation of regulated substances, and the volume of
				  which (including the volume of underground pipes connected thereto) is 10 per
				  centum or more beneath the surface of the ground. Such term does not include
				  any of the following or any pipes connected to the following:
Farm or residential tank of 1,100 gallons or less capacity
				  used for storing motor fuel for noncommercial purposes;
Septic tank;
Pipeline facility (including gathering lines) regulated under
				  the Natural Gas Pipeline Safety Act of 1968 (49 USC App. 1671 et seq.), or the
				  Hazardous Liquid Pipeline Safety Act of 1979 (49 USC App. 2001 et seq.), or
				  which is an intrastate pipeline facility regulated under State laws as provided
				  in either of these provisions of law, and that is determined by the Secretary
				  of Energy to be connected to a pipeline or to be operated or intended to be
				  capable of operating at pipeline pressure or as an integral part of a
				  pipeline;
Surface impoundment, pit, pond, or lagoon;
Storm water or waste water collection system;
Flow-through process tank;
Liquid trap or associated gathering lines directly related to
				  oil or gas production and gathering operations; or
Storage tank situated in an underground area (such as a
				  basement, cellar, mineworking, drift, shaft, or tunnel) if the storage tank is
				  situated on or above the surface of the floor. (Derived from
				  42 USC
				  6991 )
The term "underground storage tank" shall also mean an
				  underground storage tank used exclusively to store heating oil for consumptive
				  use on the premises where stored and which serves other than a farm or
				  residential unit [415 ILCS 5/57.2].
"UST system" or "tank system" means an underground storage
				  tank, connected underground piping, underground ancillary equipment, and
				  containment system, if any.
"Wellhead Protection Area" means the wellhead protection area
				  of a community water supply well as determined under the Agency's wellhead
				  protection program pursuant to
				  42 USC
				  300h-7.