Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 178 - UNDERGROUND STORAGE TANK FUND ELIGIBILITY AND DEDUCTIBLE DETERMINATIONS BY THE OFFICE OF THE STATE FIRE MARSHAL › Section 178.100 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following definitions shall apply to this Part concerning
				eligibility and deductible determinations made pursuant to Title XVI of the
				Illinois Environmental Protection Act [415 ILCS 5/57
				through 5/57.19
				]:
"Agency" means the Illinois Environmental Protection
				Agency.
"Ancillary Equipment" means any devices including, but not
				limited to, such devices as piping, fittings, flanges, valves, and pumps used
				to distribute, meter, or control the flow of regulated substances to and from
				an UST.
"Confirmed release" means a release that has been confirmed by
				soil sampling that produces lab results above lab reporting limits for the
				requisite indicator contaiminents specified in the procedures found at 41 Ill.
				Adm. Code 176.330.
"Corrective action" means activities associated with
				compliance with the provisions of Sections
				57.6 and
				57.7 of Title XVI of the
				Illinois Environmental Protection Act
. [415 ILCS
				5/57.2 ]
"Farm" or "Agricultural Site" is a tract of land devoted to the
				production of crops or raising of animals, including fish. "Farm" includes all
				contiguous land and structures and other appurtenances and improvements; also,
				fish hatcheries, rangeland and nurseries with growing operations. "Farm" does
				not include agribusiness (as defined in
				20 ILCS
				3501/801-10(z) ), laboratories where
				animals are raised, land used to grow timber, and pesticide aviation
				operations. Moreover, this definition does not include retail stores or garden
				centers where nursery farm products are marketed, but not grown.
"Farm Tank" means a motor fuel UST located on a farm and used
				exclusively for farm purposes.
"Flow-through Process Tank" is a tank that forms an integral
				part of a production process through which there is a steady, variable,
				recurring or intermittent flow of materials during the operation of the
				process. Flow-through process tanks do not include tanks used for the storage
				of materials prior to their introduction to the process or for the storage of
				finished products or by-products from the production process. When the process
				is shut down, flow-through process tanks do not store product to be used once
				the process is resumed and may contain no more than a de minimis amount of
				product.
"Fund" means the Underground Storage Tank
				Fund.
[415 ILCS 5/57.2 ]
"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 ]
"Indemnification" means indemnification of an owner or
				operator for the amount of any 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 an 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 ]
"Occurrence" means an accident, including continuous or
				repeated exposure to conditions, that results in a sudden or nonsudden
				(gradual) release from an underground storage tank.
[415 ILCS
				5/57.2 ]
"Operator" means any person in control of, or having
				responsibility for, the daily operation of the underground storage tank.
				(42 U.S.C.
				6991(3))
"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; and
In the case of any underground storage tank in use before
				November 8,1984, but no longer in use on November 8, 1984, any person who owned
				such tank immediately before the discontinuation of its use. (42 U.S.C.
				6991(4))
The term "owner" shall also mean any person who has
				submitted to the Agency a written election to proceed under
Title XVI
				of the Illinois Environmental Protection Act
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 Title XVI of the
				Illinois Environmental Protection Act
. [415 ILCS
				5/57.2 ]
"OSFM" means the Office of the State Fire Marshal.
"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 Tank" is a tank located on property used primarily
				for dwelling and not commercial purposes.
"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 ]
"Underground storage tank" or "UST" means any one or
				combination of tanks (including underground pipes connected thereto) that is
				used to contain an accumulation of regulated substances, and the volume of
				which (including the volume of the underground pipes connected thereto) is 10
				percent or more beneath the surface of the ground. The term "underground
				storage tank" shall not include any pipes connected to any tank which is
				excluded from this definition. The term underground storage tank does not
				include any of 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):
That is regulated under chapter 601 of title 49; or
That is an intrastate pipeline facility regulated under state
				laws as provided in chapter 601 of title 49, and which is determined by the
				U.S. Department of Transportation 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 wastewater 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 upon or above the surface of the floor. (42 U.S.C.
				6991(10))
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" or "related tank system" means an
				underground storage tank, connected underground piping, underground ancillary
				equipment, and containment system, if any.