Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 731 - UNDERGROUND STORAGE TANKS › Subpart A - PROGRAM SCOPE › Section 731.112 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Aboveground release" means any release to the surface of the
				  land or to surface water. This includes, but is not limited to, releases from
				  the aboveground portion of an UST system and aboveground releases associated
				  with overfills and transfer operations as the regulated substance moves to or
				  from an UST system.
"Act" means the Environmental Protection Act [415 ILCS 5
				  ].
"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.
"Belowground release" means any release to the subsurface of
				  the land and to groundwater. This includes, but is not limited to, releases
				  from the belowground portions of an underground storage tank system and
				  belowground releases associated with overfills and transfer operations as the
				  regulated substance moves to or from an underground storage tank.
"Beneath the surface of the ground" means beneath the ground
				  surface or otherwise covered with earthen materials.
"Board" means the Illinois Pollution Control Board.
"CERCLA" means the Comprehensive Environmental Response,
				  Compensation and Liability Act of 1980, as amended (
				  42 USC 9601 et
				  seq.)
"Connected piping" means all underground piping including
				  valves, elbows, joints, flanges and flexible connectors attached to a tank
				  system through which regulated substances flow. For the purpose of determining
				  how much piping is connected to any individual UST system, the piping that
				  joins two UST systems must be allocated equally between them.
"Dielectric material" means a material that does not conduct
				  direct electrical current. Dielectric coatings are used to electrically isolate
				  UST systems from the surrounding soils. Dielectric bushings are used to
				  electrically isolate portions of the UST system (e.g., tank from
				  piping).
"Electrical equipment" means underground equipment that
				  contains dielectric fluid that is necessary for the operation of equipment such
				  as transformers and buried electrical cable.
"EMA" means the Illinois Emergency Management Agency.
"Excavation zone" means the volume containing the tank system
				  and backfill material bounded by the ground surface, wall and floor of the pit
				  and trenches into which the UST system is placed at the time of
				  installation.
"Farm tank" is a tank located on a tract of land devoted to
				  the production of crops or raising animals, including fish, and associated
				  residences and improvements. A farm tank must be located on the farm property.
				  "Farm" includes fish hatcheries, rangeland and nurseries with growing
				  operations.
"Fire Marshal" means the Office of the State Fire
				  Marshal.
"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 of the
				  process. Flow-through process tanks do not include tanks used for the storage
				  of materials prior to their introduction into the production process or for the
				  storage of finished products or by-products from the production process.
"Free product" refers to a regulated substance that is
				  present as a nonaqueous liquid phase (e.g., liquid not dissolved in
				  water).
"Gasoline Storage Act" means 415 ILCS 15.
"Gathering lines" means any pipeline, equipment, facility or
				  building used in the transportation of oil or gas during oil or gas production
				  or gathering operations.
"Hazardous substance" means any substance listed in
				  40 CFR
				  302.4, incorporated by reference in Section
				  731.113
				  (but not including any substance regulated as a hazardous waste under 35 Ill.
				  Adm. Code 721).
BOARD NOTE: This definition is derived from the definition of
				  "hazardous substance UST system" in
				  40
				  CFR 280.12, as adopted at 53 Fed. Reg. 37194,
				  September 23, 1988, and "hazardous substance" in Section 101(14) of CERCLA. The
				  United States Environmental Protection Agency (USEPA) regulations that
				  implement the statutes cited in CERCLA have been inserted in place of the
				  authorizing statutes.
"Hazardous substance UST system" means an underground storage
				  tank system that contains a "hazardous substances, " or any mixture of
				  "hazardous substances" and "petroleum," and which is not a "petroleum UST
				  system."
BOARD NOTE: This definition is derived from the corresponding
				  definition in
				  40
				  CFR 280.12, as adopted at 53 Fed. Reg. 37194,
				  September 23, 1988, inserting terms defined elsewhere in this Section.
"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; other residual fuel oils (including Navy Special Fuel Oil and Bunker
				  C); or other fuels when used as substitutes for one of these fuel oils. Heating
				  oil is typically used in the operation of heating equipment, boilers or
				  furnaces.
BOARD NOTE: For the applicability of these rules to heating
				  oil USTs, see Section
				  731.110(d).
"Hydraulic lift tank" means a tank holding hydraulic fluid
				  for a closed-loop mechanical system that uses compressed air or hydraulic fluid
				  to operate lifts, elevator and other similar devices.
"Liquid trap" means sumps, well cellars and other traps used
				  in association with oil and gas production, gathering and extraction operations
				  (including gas production plants), for the purpose of collecting oil, water and
				  other liquid. These liquid traps may temporarily collect liquids for subsequent
				  disposition for reinjection into a production or pipeline stream, or may
				  collect and separate liquids from gas stream.
"Motor fuel" means petroleum or a petroleum-based substance
				  that is motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel or any
				  grade of gasohol, and is typically used in the operation of a motor
				  engine.
"New tank system" means a tank system that will be used to
				  contain an accumulation of regulated substances and for which installation has
				  commenced after December 22, 1988. (See also "Existing Tank System.")
"Noncommercial purposes" with respect to motor fuel means not
				  for resale.
"Operator" means any person in control of, or having
				  responsibility for, the daily operation of the UST system.
"Overfill release" is a release that occurs when a tank is
				  filled beyond its capacity, resulting in a discharge of the regulated substance
				  to the environment.
"Owner" means:
In the case of an UST system in use on November 8, 1984, or
				  brought into use after that date, any person who owns an UST system used for
				  storage, use or dispensing of regulated substances; and
In the case of any UST system in use before November 8, 1984,
				  but no longer in use on that date, any person who owned such UST immediately
				  before the discontinuation of its use.
"Person" means an individual, trust, firm, joint stock
				  company, federal agency, corporation, state, unit of local government,
				  commission, political subdivision of a state or any interstate body. Person
				  also includes a consortium, a joint venture, a commercial entity and the United
				  States Government.
"Petroleum" means crude oil or any fraction thereof which is
				  liquid at standard conditions of temperature and pressure (60 degrees
				  Fahrenheit and 14.7 pounds per square inch
				  absolute). The term "petroleum" includes, but is not limited to, petroleum and
				  petroleum-based substances comprising a complex blend of hydrocarbons derived
				  from crude oil through processes of separation, conversion, upgrading and
				  finishing, such as motor fuels, jet fuels, distillate fuel oils, residual fuel
				  oils, lubricants, petroleum solvents and used oils.
BOARD NOTE: This definition is derived from the definitions
				  of "petroleum UST system" and "regulated substance" in
				  40
				  CFR 280.12, as adopted at 53 Fed. Reg. 37194,
				  September 23, 1988.
"Petroleum UST system" means an underground storage tank
				  system that contains petroleum or a mixture of "petroleum" with de minimis
				  quantities of other "regulated substances."
BOARD NOTE: This definition is derived from the corresponding
				  definition in
				  40
				  CFR 280.12, as adopted at 53 Fed. Reg. 37194,
				  September 23, 1988, inserting terms defined elsewhere in this Section.
"Pipe" or "Piping" means a hollow cylinder or tabular conduit
				  that is constructed of non-earthen materials.
"Pipeline facilities (including gathering lines)" are new and
				  existing pipe rights-of-way and any associated equipment, facilities or
				  buildings.
"Regulated substance" means any "hazardous substance" or
				  "petroleum."
BOARD NOTE: This definition is derived from the corresponding
				  definition in
				  40
				  CFR 280.12, as adopted at 53 Fed. Reg. 37194,
				  September 23, 1988, inserting terms defined elsewhere in this Section.
"Release" means any spilling, leaking, emitting, discharging,
				  escaping, leaching or disposing from an UST into groundwater, surface water or
				  subsurface soils.
"Release detection" means determining whether a release of a
				  regulated substance has occurred from the UST system into the environment or a
				  leak has occurred into the interstitial space between the UST system and its
				  secondary barrier or secondary containment around it.
"Residential tank" is a tank located on property used
				  primarily for dwelling purposes.
"Septic tank" is a water-tight covered receptacle designed to
				  receive or process, through liquid separation or biological digestion, the
				  sewage discharged from a building sewer. The effluent from such receptacle is
				  distributed for disposal through the soil and settled solids and scum from the
				  tank are pumped out periodically and hauled to a treatment facility.
"Storm water or wastewater collection system" means piping,
				  pumps, conduits and any other equipment necessary to collect and transport the
				  flow of surface water run-off resulting from precipitation, or domestic,
				  commercial or industrial wastewater to and from retention areas or any areas
				  where treatment is designated to occur. The collection of storm water and
				  wastewater does not include treatment except where incidental to
				  conveyance.
"Surface impoundment" is a natural topographic depression,
				  man-made excavation, or diked area formed primarily of earthen materials
				  (although it may be lined with man-made materials) that is not an injection
				  well.
"Tank" is a stationary device designed to contain an
				  accumulation of regulated substances and constructed of non-earthen materials
				  (e.g., concrete, steel, plastic) that provide structural support.
"Underground area" means an underground room, such as a
				  basement, cellar, shaft or vault, providing enough space for physical
				  inspection of the exterior of the tank situated on or above the surface of the
				  floor.
"Underground release" means any below-ground release.
"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. This term 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;
BOARD NOTE: For the applicability of these rules to heating
				  oil tanks, see Section
				  731.110(e).
Septic tank;
Pipeline facility (including gathering lines):
That is regulated under
				  49
				  USC 60101 through 60140; or
That is an intrastate pipeline facility regulated under state
				  laws as provided in
				  49 USC
				  60105, 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.
BOARD NOTE: The term "underground storage tank" does not
				  include any pipes connected to any tank that is described in the subparagraphs
				  of this definition of "underground storage tank."
"USEPA" means United States Environmental Protection
				  Agency.
"UST system" or "Tank system" means an underground storage
				  tank, connected underground piping, underground ancillary equipment, and
				  containment system, if any.
"Wastewater treatment tank" means a tank that is designed to
				  receive and treat an influent wastewater through physical, chemical or
				  biological methods.