reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart E - HEARINGS AND ENFORCEMENT PROCEDURES › Section 176.530 - Service of Papers and Computation of Time

Current through Register Vol. 48, No. 28, July 12, 2024
a) Persons filing papers with OSFM shall
				simultaneously serve copies on all parties to the proceeding.
b) If agreed between the parties, parties may
				serve copies of any filing on each other via email. Email service on the
				hearing officer is not permitted.
c) Papers required to be filed with OSFM
				shall be accompanied by proof of service upon all those required to be
				served.
d) All papers required to
				be filed with OSFM must be filed at its principal office at 1035 Stevenson
				Drive, Springfield, Illinois 62703, during business hours, or mailed to its
				principal office prior to the applicable deadline.
e) If the deadline for a filing falls on a
				holiday, Saturday or Sunday, the deadline for filing will automatically be
				extended to the next business day.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart E - HEARINGS AND ENFORCEMENT PROCEDURES › Section 176.535 - Stipulations

Current through Register Vol. 48, No. 28, July 12, 2024
a) It is the policy
				of OSFM that the parties to a proceeding should, to the fullest extent
				possible, stipulate all matters that are not, or fairly should not be, in
				dispute.
b) At the hearing, the
				parties may file a stipulation setting forth:
1) All pertinent matters that are not in
				dispute;
2) A list of all exhibits
				to which there are no objections;
3) Matters that are in dispute.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart E - HEARINGS AND ENFORCEMENT PROCEDURES › Section 176.540 - Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a) Irrelevant,
				immaterial or unduly repetitious evidence shall be excluded. The rules of
				evidence and privilege as applied in civil cases in the circuit courts of
				Illinois shall be followed. However, evidence not admissible under such rules
				of evidence may be admitted (except where precluded by statute) if it is of a
				type commonly relied upon by reasonably prudent persons in the conduct of their
				affairs. [5 ILCS
				100/10-40 ]
b) When objection is made to the
				admissibility of evidence, the Hearing Officer shall either receive the
				disputed evidence subject to ruling at a later time, or may exclude the
				evidence at that time. A party offering evidence that is ruled inadmissible
				shall be permitted to make a brief offer of proof.
c) Writings shall be legible and exhibits
				shall be plainly marked and identified. The hearing record shall reflect the
				identity of the party offering an exhibit and shall indicate whether it was
				admitted into evidence.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart E - HEARINGS AND ENFORCEMENT PROCEDURES › Section 176.545 - Official Notice

Current through Register Vol. 48, No. 28, July 12, 2024
The Hearing Officer may take official notice of all facts of
				  which judicial notice may be taken, including facts of a technical nature
				  within the specialized knowledge and experience of OSFM. This notice may
				  include any of the content of any practice, standard or code that is by
				  reference incorporated at 41 Ill. Adm. Code
				  174.210.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart E - HEARINGS AND ENFORCEMENT PROCEDURES › Section 176.550 - Authority of Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
The Hearing Officer shall have all powers necessary to
				  conduct a hearing, avoid delay, maintain order, and insure the development of a
				  clear and complete record, including the power to:
a) Administer oaths and
				affirmations;
b) Preside over the
				hearings, regulate the course of hearings, set the time for filing documents,
				and provide for the taking of testimony by deposition, when
				necessary;
c) Set the time and
				place for the continuance of a hearing once the hearing has commenced (Section
				176.520 governs the
				continuance of a hearing prior to its commencement);
d) Examine witnesses and direct witnesses to
				testify, limit the number of times any witness may testify, limit repetitious
				or cumulative testimony, and set reasonable limits on the amount of time each
				witness may testify and be cross-examined;
e) Receive evidence, rule upon objections to
				admissibility of evidence, and rule upon offers of proof;
f) Issue subpoenas that require attendance,
				testimony or the production of papers, books, documentary evidence or other
				tangible things;
g) Dispose of
				procedural requests or similar matters;
h) Require prior submission of testimony and
				exhibits in writing and set any deadlines for the filing of
				documents;
i) Direct parties to
				appear and confer for the settlement or simplification of issues, and to
				otherwise conduct prehearing conferences;
j) Reprimand or exclude from the hearing any
				person for indecorous or improper conduct committed in the presence of the
				Hearing Officer;
k) Order the
				parties to submit briefs on issues of first impression. These briefs shall be
				limited to 15 pages, including proposed findings of fact and conclusions of
				law, and shall be submitted after the close of evidence and proofs pursuant to
				the procedures of Section
				176.560;
l) Render findings of fact, conclusions of
				law, opinions and recommendations for an Order of the State Fire
				Marshal;
m) Enter any Order that
				expedites the purpose of this Part; and
n) Generally conduct the hearing and all
				pre-hearing and post-hearing matters according to this Subpart.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart E - HEARINGS AND ENFORCEMENT PROCEDURES › Section 176.555 - Default

Current through Register Vol. 48, No. 28, July 12, 2024
a) Failure of a
				party to appear on the date set for hearing or failure to proceed as ordered by
				the State Fire Marshal shall constitute a default and the administrative order
				appealed from shall become final. Any court reporting costs incurred because of
				the failure to appear may be assessed against the party that failed to
				appear.
b) Appeals, petitions,
				motions or other requests for relief that are not prosecuted diligently may be
				dismissed for want of prosecution.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart E - HEARINGS AND ENFORCEMENT PROCEDURES › Section 176.560 - Post-Hearing Submissions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Unless otherwise directed by the Hearing Officer, the parties may submit
				written proposed findings of fact and conclusions of law (proposed findings) to
				the Hearing Officer within 14 days after the close of the hearing or such other
				reasonable time as the Hearing Officer shall determine, consistent with the
				responsibility of the State Fire Marshal for an expeditious decision. Proposed
				findings shall not exceed 15 pages in length on regular 81/2 by 11 inch paper
				with 1-inch margins. The proposed findings of fact and conclusions of law shall
				be separately stated.
b) All
				parties who wish to submit proposed findings, or are ordered by the Hearing
				Officer to submit briefs also containing proposed findings, must submit the
				following by the applicable deadline:
1) one
				original and two paper copies of the party's proposed findings of fact and
				conclusions of law. The two paper copies shall be identically compiled and
				stapled;
2) an electronic text
				version of the brief, in a format compatible with Microsoft Word, on a disc or
				other computer file memory storage device that is labeled with the name of the
				party and that does not have to be returned to that party;
3) a cover letter stating the party on whose
				behalf the brief is submitted.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart E - HEARINGS AND ENFORCEMENT PROCEDURES › Section 176.565 - Transcripts

Current through Register Vol. 48, No. 28, July 12, 2024
a) The proceedings
				at hearings shall be recorded electronically by OSFM and transcribed at the
				request and expense of the requesting party.
b) Any party can request a stenographer or
				court reporter at that party's expense. Upon agreement of the parties, the
				stenographer or court reporting costs may be divided equally. Parties who order
				copies of the transcript shall bear the cost of the copies.
c) Transcripts of a hearing will not be
				provided by OSFM to any party.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart E - HEARINGS AND ENFORCEMENT PROCEDURES › Section 176.570 - Final Order

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				execution of a written Order of OSFM will become effective immediately and will
				constitute a final administrative decision subject to the Administrative Review
				Law [735 ILCS 5 /Art. III].
b) The
				parties and their attorneys shall be notified as soon as reasonably possible by
				sending them a copy of the Order by U.S. Mail, registered or certified,
				addressed to their last known address.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart E - HEARINGS AND ENFORCEMENT PROCEDURES › Section 176.575 - License Suspension or Revocation and Assessment of Civil Monetary Fines Against a Contractor

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				violation by a licensed contractor of a provision of 41 Ill. Adm. Code 172,
				174, 175, 176 or 177, including standards incorporated by reference, may result
				in a suspension, revocation or refusal to issue or renew that contractor's
				license, in addition to any other discipline authorized under Section 80(a) of
				the Petroleum Equipment Contractors Licensing Act [225 ILCS
				729/80(a) ], for the following
				durations:
1) For the first violation
				committed, the license of any contractor may be suspended or revoked for up to
				one year.
2) For the second
				violation committed, the license of any contractor may be suspended for up to
				one year or may be revoked for up to two years.
3) For the third violation, and any violation
				thereafter, the license of any contractor may be suspended for up to one year
				or revoked permanently.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart E - HEARINGS AND ENFORCEMENT PROCEDURES › Section 176.580 - Assessment of Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
Any person who violates any of the provisions of 41 Ill. Adm.
				  Code 172, 174, 175, 176, 177, 160 and 180 shall be subject to penalties or any
				  other remedies as provided by statute or rule.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart E - HEARINGS AND ENFORCEMENT PROCEDURES › Section 176.585 - Subpoena - Fees and Mileage of Witnesses

Current through Register Vol. 48, No. 28, July 12, 2024
Witness and Mileage Fees. The cost of service and witness and
				  mileage fees shall be borne by the person requesting the subpoena. Witness and
				  mileage fees shall be the same as are paid witnesses in the circuit courts of
				  the State of Illinois.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart E - HEARINGS AND ENFORCEMENT PROCEDURES › Section 176.590 - Paper Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
Parties and staff participating in a proceeding may stipulate
				  to the waiver of any rights they have to a hearing and may stipulate to having
				  all matters in dispute being resolved on the basis of written pleadings and
				  submissions that are verified or supported by affidavit and to OSFM entering a
				  final order in the matter in reliance on those documents.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart F - OPERATOR TRAINING › Section 176.600 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Subpart is to set forth procedures for
				  underground storage tank operator training and inspections and to determine
				  when the training and inspections are required.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart F - OPERATOR TRAINING › Section 176.605 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
UST operator training is a requirement that applies to all
				  underground storage tank systems regulated under 41 Ill. Adm. Code 174, 175,
				  176 and 177 and 42 USC 82, subchapter IX, except those excluded from the
				  definition of an underground storage tank system and thereby excluded from
				  regulation by 41 Ill. Adm. Code
				  174.100.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart F - OPERATOR TRAINING › Section 176.610 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Certified Operator" means a Class A, B or C Operator who has
				  completed all the training required under this Subpart for his or her
				  particular operator training classification.
"Class A Operator" is someone who has primary responsibility
				  to operate and maintain a UST in accordance with applicable regulatory
				  requirements. The Class A Operator's responsibilities often include managing
				  resources and personnel, such as establishing work assignments, to achieve and
				  maintain compliance with regulatory requirements.
"Class B Operator" is someone who has day-to-day
				  responsibility for implementing applicable UST regulatory requirements and
				  standards. The Class B Operator typically implements in-field aspects of UST
				  operation, maintenance and recordkeeping at one or more UST facilities.
"Class C Operator" is an employee who is responsible for
				  initially addressing alarms or other indications of emergencies caused by
				  spills or releases from USTs. The Class C Operator typically controls or
				  monitors the dispensing or sale of regulated substances.
"Four-Year Anniversary Date" means the four-year deadline for
				  completion of repeat training in ordinary course, including continuing
				  education, training and a general examination. This deadline is the later
				  of:
Four years after the completion of initial or repeat training
				  (see Section
				  176.615
				  ), as shown by the most recent valid completion certificate; or
Four years after the completion of out-of-compliance
				  retraining (see Section
				  176.650
				  ), as shown by the most recent valid completion certificate.
"Manned Facility" means a UST facility that has a responsible
				  attendant present during all hours of operation.
"Operator Training" means the training required under this
				  Subpart.
"Provider" means an entity that provides online or other
				  approved training and examinations for Class A, B and C Operators and issues
				  the certificate of completion when the candidates taking the examinations have
				  completed the training and passed the examination.
"Training Program" means any program that provides
				  information to and evaluates the knowledge of a Class A, Class B or Class C
				  Operator through a combination of both training and testing approved in advance
				  by OSFM and meeting the requirements of this Subpart F.
"Unmanned Facility" means a UST facility that does not have a
				  responsible attendant present during all hours of operation.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart F - OPERATOR TRAINING › Section 176.615 - Class A, B and C Operator Classifications

Current through Register Vol. 48, No. 28, July 12, 2024
The owner of each UST or group of USTs at a facility must
				  have a Class A, Class B and Class C Operator designated and shall ensure that
				  each is trained in accordance with this Subpart. Separate individuals may be
				  designated for one or more classes of operators, so long as they successfully
				  complete the required training program and examination according to the
				  operator class in which the individual is designated. Each facility must
				  designate one or more individuals for each operator class. In addition, any
				  personnel at the facility that meet the definition of a Class C Operator as
				  defined in Section
				  176.610 shall
				  complete the Class C Operator training required for those individuals and be on
				  the facility's list of designated Class C Operators.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart F - OPERATOR TRAINING › Section 176.620 - Training

Current through Register Vol. 48, No. 28, July 12, 2024
a) A Class A, Class
				B or Class C Operator satisfies the training requirements of this Subpart by
				completing both training and an examination, as determined to be appropriate by
				OSFM. This may be internet, computer software, live or equivalent training and
				examination so long as the training and examination is approved by OSFM in
				advance under Section
				176.635.
b) All Class A and Class B Operators shall
				also complete continuing education and training requirements and a general
				examination, either:
1) Once every four
				years, with the deadline for the completion of the training and examination to
				be no later than the four-year anniversary date or the last retraining in
				response to an NOV, whichever is later; or
2) Annually, in which case there shall be no
				retraining in response to an NOV for the Class A or Class B Operator.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart F - OPERATOR TRAINING › Section 176.625 - Minimum Training Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
OSFM will approve a training mechanism for Class A, Class B
				  and Class C Operators to be implemented by OSFM approved providers. Training
				  and related examinations under this Subpart shall cover and test for
				  appropriate knowledge of Illinois UST regulations. Generally, Class A, B and C
				  Operators will be trained in the following:
a) For Class A Operators, subject matter
				shall include, but not be limited to, financial responsibility documentation
				requirements, notification requirements, release and suspected release
				reporting, temporary and permanent closure requirements, operator training
				requirements, and a general knowledge of USTs requirements, including
				regulations relating to spill prevention, overfill prevention, release
				detection, corrosion protection, emergency response, product and equipment
				compatibility and demonstration, environmental and regulatory consequences of
				releases, and related reporting, recordkeeping, testing and inspections. Class
				A operators must have the knowledge and skills to make informed decisions
				regarding compliance and to determine whether the appropriate individuals are
				fulfilling the operation, maintenance and recordkeeping requirements for UST
				systems in accordance with this subsection.
b) For Class B Operators, subject matter
				shall include, but not be limited to, components of UST systems, materials of
				UST components, methods of release detection and release prevention applied to
				UST components, reporting and recordkeeping requirements, operator training
				requirements, and the operation and maintenance requirements of USTs that
				relate to spill prevention, overfill prevention, release detection and related
				reporting, corrosion protection, emergency response and product and equipment
				compatibility and demonstration, environmental and regulatory consequences of
				releases, and related reporting, recordkeeping, testing and inspections.
				Training for the Class B operator must cover the general requirements that
				encompass all regulatory requirements and typical equipment used at UST
				facilities or site-specific requirements that address only the regulatory
				requirements and equipment specific to the facility.
c) For Class C Operators, subject matter
				shall include, but not be limited to:
1)
				recommended responses to:
A) emergencies
				(such as, situations posing an immediate danger or threat to the public or to
				the environment requiring immediate action);
B) spill alarms; and
C) releases from a UST;
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart F - OPERATOR TRAINING › Section 176.630 - Examination Frequency

Current through Register Vol. 48, No. 28, July 12, 2024
The owner of a facility must ensure that Class A and Class B
				  Operators are trained within 30 days after assuming operation and maintenance
				  responsibilities for a UST and that Class C Operators are trained before
				  assuming responsibility involving emergency response. At no time may a UST
				  operate without a validly-trained Class A Operator, Class B Operator and Class
				  C Operator. Continuing education, training and a general examination regarding
				  operator-specific subject matter shall take place once every four years for all
				  Class C Operators. Class A and B Operators may choose to retrain either
				  annually or every four years. Class A and B Operators who choose to retrain
				  every four years may be required by Section
				  176.650
				  to retrain before the end of the four-year period. In all cases, evidence of
				  completed retraining shall be available at the facility in accordance with
				  Sections
				  176.645,
				  176.650
				  and
				  176.655.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart F - OPERATOR TRAINING › Section 176.640 - Examination Fees

Current through Register Vol. 48, No. 28, July 12, 2024
The UST facility owner or operator shall pay the approved
				  provider a reasonable fee for online or other approved training and testing for
				  Class A, Class B and Class C Operators.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart F - OPERATOR TRAINING › Section 176.645 - Recordkeeping

Current through Register Vol. 48, No. 28, July 12, 2024
a) The following
				records shall be maintained and readily available at each UST facility:
1) A list of the designated current Class A,
				Class B and Class C Operators for the UST facility (identified by facility
				number and address), including:
A) For each
				Class A, B and C Operator, records detailing the name, date each assumed
				duties, training classification (Class A, B or C or a combination), date of
				most recent retraining, and date current completion certificate will expire;
				and
B) For Class A and Class B
				Operators who are not permanently onsite or who are assigned to more than one
				facility, telephone numbers to contact the Class A and B Operators;
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart F - OPERATOR TRAINING › Section 176.650 - Out-of-Compliance Retraining

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Appropriate retraining, including both training and testing, is required for
				both Class A and Class B Operators of USTs who do not retrain annually, when
				those Operators have been determined by OSFM to be out of compliance by issuing
				an NOV pertaining to release detection, corrosion protection, spill and
				overfill, financial responsibility, or failure to complete training and testing
				as required by this Subpart. The training program or comparable examination
				must be developed or administered by an independent organization, OSFM, or a
				recognized authority.
b) Retraining
				required under this Section shall be completed within 30 days after issuance of
				the NOV indicating noncompliance.
c) Evidence of completed retraining shall be
				at the UST facility and available for inspection within 30 days after issuance
				of the NOV indicating noncompliance. When the NOV pertains to a failure to
				complete the training and testing required by this Subpart, the owner must have
				evidence of completed training and testing at the facility and available for
				inspection within 30 calendar days after receipt of the NOV.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart F - OPERATOR TRAINING › Section 176.655 - Periodic Operation and Maintenance Walkthrough Inspections and Plan; Class A, B and C Operator Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) At a manned facility, a Class A, Class B
				or Class C Operator must be onsite at all times. For unmanned facilities,
				emergency contact information for Class A, B and C Operators, including names
				and telephone numbers, shall be conspicuously posted at the facility unless a
				toll-free number for 24 hour dispatch to the facility has been prominently
				displayed at the facility. At both manned and unmanned facilities, the Class C
				Operator is responsible for responding to alarms or other indications of
				emergencies caused by spills or releases from USTs and shall be familiar with
				the written emergency response instructions and procedures for the
				facility.
b) Periodic Operation and
				Maintenance Walkthrough Inspections . Each Class A or Class B Operator shall
				perform walkthrough inspections of each storage tank system for which he or she
				is designated and shall record the results of each inspection on a checklist to
				be maintained with the facility records. At a minimum, walkthrough inspections
				shall be conducted at least once every 30 days and once per year, with the
				results recorded on a checklist that details the inspection of the following:
1)At least once every 30 days:
A) Release detection methods, including
				monitoring systems and all associated sensors shall be maintained by:
i)checking to ensure that the entire system
				is fully operational;
ii)checking
				for potential releases and that there are no alarms or any other unusual
				operating conditions present; and
iii)checking and collecting 30-day Pass
				reports for ATGs and 30-day Normal reports for sensors and checking that all
				other required records are reviewed and current;
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart F - OPERATOR TRAINING › Section 176.660 - Violations

Current through Register Vol. 48, No. 28, July 12, 2024
A facility may not operate unless Class A, B and C Operators
				  have been designated and trained for each UST that is being operated at each
				  facility. Trained Operators may be assigned to more than one facility at a time
				  as long as the requirements of this Subpart F are met, including requirements
				  under Section 176.655(a) that
				  a Class A, B or C Operator be on site at all times at manned (attended)
				  facilities. Failure to comply with this Subpart shall be sufficient reason for
				  the summary revocation of the OSFM-issued green tag providing authority to
				  operate an underground storage tank facility whose Class A, B and C Operators
				  have not been designated and trained. Failure to remain in compliance with UST
				  rules may also result in OSFM's issuance of a red tag for the tanks or facility
				  at issue, prohibiting any further operation of the facility or further deposit
				  of regulated substances into any tank subject to a red tag. An approved
				  training and testing program may be decertified by OSFM in the event of
				  provider fraud, misrepresentation, negligence or noncompliance with OSFM rules,
				  or with an OSFM certification audit recommendation, in conducting the training
				  or testing.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 177 - COMPLIANCE CERTIFICATION FOR UNDERGROUND STORAGE TANKS › Section 177.100 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Deposit" means the act of placing in or filling of a UST or
				directing the act of placing in or filling of a UST with a regulated
				substance.
"Evidence of Compliance Status" means a tag or decal issued by
				OSFM that is visible to persons making delivery of petroleum, petroleum
				product, hazardous substances or regulated substances under to this
				Part.
"Non-Motor Fuel Dispensing Facility" means a location where
				petroleum or petroleum-based product other than motor fuel is dispensed from a
				UST.
All other terms shall have the meanings ascribed to them in 41
				Ill. Adm. Code
				174.100.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 177 - COMPLIANCE CERTIFICATION FOR UNDERGROUND STORAGE TANKS › Section 177.105 - Deposit Prohibited

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Effect of Green Decal. Beginning December 22, 1998, no person shall deposit or
			 arrange for or allow another person to deposit petroleum, petroleum product,
			 hazardous substances or regulated substances into any UST unless evidence is
			 displayed that the UST is in compliance with 41 Ill. Adm. Code 174, 175 and
			 176, except as provided in this Part.
b) Effect of Red Tag. Beginning December 22,
			 1998, no person shall deposit or arrange for or allow another person to deposit
			 petroleum, petroleum product, hazardous substances or regulated substances into
			 any UST that displays evidence that the UST is not in compliance with the
			 applicable rules of OSFM. A depositor may make one deposit of a regulated
			 substance to a newly installed or newly lined tank to provide ballast, or to
			 conduct tank or line precision testing if approved by OSFM. That regulated
			 substance shall not be sold or dispensed until the required decal is
			 obtained.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 177 - COMPLIANCE CERTIFICATION FOR UNDERGROUND STORAGE TANKS › Section 177.110 - Inspection of UST Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
OSFM shall inspect UST facilities for compliance with 41 Ill.
				Adm. Code 174, 175 and 176 and this Part and issue an evidence of compliance
				status.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 177 - COMPLIANCE CERTIFICATION FOR UNDERGROUND STORAGE TANKS › Section 177.115 - Evidence of Compliance Status for UST Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 177 - COMPLIANCE CERTIFICATION FOR UNDERGROUND STORAGE TANKS › Section 177.125 - Missing, Damaged or Destroyed Evidence of Compliance Status

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner or
			 operator of a UST may temporarily use a notice or letter issued pursuant to
			 Section
			 177.115(d)
			 by OSFM to establish evidence of compliance status when the green decal is
			 missing, damaged or destroyed.
b)
			 If the person depositing the petroleum, petroleum product, hazardous substance
			 or regulated substance has knowledge that the facility or UST has been issued a
			 green decal, and the decal is missing, damaged or destroyed, the person
			 delivering the substance should attempt to make reasonable inquiry to the owner
			 or operator of the compliance status of the facility and UST. After making
			 inquiry and receiving no information as to the non-compliance of the facility
			 and UST, the person may deposit the substance but must notify OSFM, in writing,
			 of the delivery on the next business day and make inquiry into the status of
			 the UST receiving the delivery. Knowledge may be relied on under this
			 subsection (b) by stating in writing that the depositor has observed a prior
			 green decal and has no knowledge of the revocation of that decal. Examples
			 include:
1) A green decal was displayed at the
			 time of a recent, prior delivery and a red tag was not affixed to the UST
			 receiving the current delivery; or
2) Other personal knowledge sufficient to
			 satisfy this subsection (b), including possession of a copy of an inspection
			 form issued by OSFM.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 177 - COMPLIANCE CERTIFICATION FOR UNDERGROUND STORAGE TANKS › Section 177.130 - Expiration of Certificates

Current through Register Vol. 48, No. 28, July 12, 2024
Green decals shall be issued for a two-year period. Tanks not
				in compliance with 41 Ill. Adm. Code 174, 175 and 176 and this Part shall be
				issued red tags.
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 178.110 - Requirements for Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
The Underground Storage Tank Fund shall be accessible
				by owners and operators who have a confirmed release from an underground
				storage tank or related tank system of a substance listed in this Section. The
				owner or operator is eligible to access the Underground Storage Tank
				Fund
for reimbursement of corrective action or indemnification costs
if the eligibility requirements of Title
XVI of the Illinois
				Environmental Protection Act
are satisfied and:
a)
Neither the owner nor the operator
			 is the United States Government
;
b)
The tank does not contain fuel
			 which is exempt from the Motor Fuel Tax Law
[35 ILCS
			 505 ];
c)
The costs were incurred as a result of a confirmed release of any of
			 the following substances:
1)
"Fuel" as defined in Section
			 1.19 of the Motor Fuel Tax
			 Law
[35 ILCS 505/1.19 ];
2)
Aviation fuel
;
3)
Heating oil
;
4)
Kerosene
; or
5)
Used oil which has been refined
			 from crude oil used in a motor vehicle, as defined in Section
			 1.3 of the Motor Fuel Tax
			 Law
[35 ILCS 505/1.3 ];
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 178.120 - Deductible Amounts

Current through Register Vol. 48, No. 28, July 12, 2024
a)
For releases reported prior to
June 8, 2010,
an owner
			 or operator may access the Underground Storage Tank Fund for costs associated
			 with an Agency approved plan and the Agency shall approve the payment of costs
			 associated with corrective action after the application of a $10,000
			 deductible, except in the following situations:
1)
A deductible of $15,000 shall
			 apply when one or more, but not all, of the underground storage tanks were
			 registered prior to July 28, 1989, and the State received notice of the
			 confirmed release on or after July 28, 1989.
2)
A deductible of $50,000 shall
			 apply if any of the underground storage tanks were registered prior to July 28,
			 1989, and the State received notice of the confirmed release prior to July 28,
			 1989.
3)
A
			 deductible of $100,000 shall apply when none of the underground storage tanks
			 were registered prior to July 28, 1989, except in the case of underground
			 storage tanks used exclusively to store heating oil for consumptive use on the
			 premises where stored and which serve other than farms or residential units, a
			 deductible of $100,000 shall apply when none of these tanks were registered
			 prior to July 1, 1992.
[415 ILCS
			 5/57.9(b) ]
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 178.130 - Request for Eligibility and Deductible Determinations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Once notice of the existence of a UST has
			 been submitted to OSFM, along with payment of any required fees pursuant to 41
			 Ill. Adm. Code 176.450 and
			 176.455, any owner or operator
			 of a UST in operation at any time after January 1, 1974 may submit an
			 application seeking an eligibility and deductible determination from OSFM. The
			 application shall be submitted electronically, and an Authorization to Submit
			 Eligibility and Deductible Application shall be completed and submitted as part
			 of the application. The application is available at the forms page for the
			 Division of Petroleum and Chemical Safety at
https://sfm.illinois.gov/about/divisions/petroleum-chemical-safety/applications-and-forms.html
.
b) Within 60 days of receipt of the
			 electronic application for an eligibility and deductible determination, OSFM
			 shall issue its eligibility and deductible decision. Pursuant to
			 415 ILCS
			 5/57.9(c) and
			 35 Ill. Adm. Code
			 105.504(b),
			 such decision (or failure to issue an eligibility and deductible determination
			 within the time prescribed) may be appealed to the Pollution Control Board
			 (PCB) if filed by the applicant owner or operator within 35 days of issuance of
			 the OSFM decision. (See 35 Ill. Adm. Code
			 105.504(b))
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 180 - STORAGE, TRANSPORTATION, SALE AND USE OF GASOLINE AND VOLATILE OILS › Section 180.20 - Aboveground Storage - Dispensing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Storage of Class I, II or III liquids
			 (except kerosene) shall be in accordance with 41 Ill. Adm. Code 160 and 41 Ill.
			 Adm. Code 170, except aboveground storage for dispensing may occur at the
			 following facilities under the following circumstances:
1) Agricultural storage, which is limited to
			 farms, tree nurseries, fish farms, tree farms, sod farms or orchards;
2) Storage at commercial, industrial,
			 governmental or manufacturing establishments for fueling vehicles used in
			 connection with their business;
3)
			 Storage at construction sites for refueling construction equipment;
			 or
4) Storage at airports as
			 addressed in Section
			 180.22
			 of this Part.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 180 - STORAGE, TRANSPORTATION, SALE AND USE OF GASOLINE AND VOLATILE OILS › Section 180.21 - Dispensing Tank Connected by Associated Piping to a Bulk Tank

Current through Register Vol. 48, No. 28, July 12, 2024
A tank which would otherwise be classified as a dispensing tank
				but is connected by associated piping to a bulk tank, is considered a bulk
				tank.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 180 - STORAGE, TRANSPORTATION, SALE AND USE OF GASOLINE AND VOLATILE OILS › Section 180.23 - Fueling of Aircraft from Tank Trucks

Current through Register Vol. 48, No. 28, July 12, 2024
Fueling of aircraft from tank trucks shall be allowed at
				airport facilities as defined in Section
				180.10 of this Part
				if the tank truck and fueling operations are in compliance with NFPA 407,
				Standard for Aircraft Fuel Servicing (1990).
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 180 - STORAGE, TRANSPORTATION, SALE AND USE OF GASOLINE AND VOLATILE OILS › Section 180.30 - Gasoline Containers Must Be Red

Current through Register Vol. 48, No. 28, July 12, 2024
All receptacles used for the keeping or storing of gasoline,
				naphtha, benzine or benzol as provided in Section
				180.20(a)(1),
				180.20(a)(2),
				and
				180.20(a)(3)
				 shall be colored red and no liquids other
				than gasoline, naphtha, benzine or benzol shall be placed in such red
				containers. This is in accordance with the Illinois Red Can Gasoline Law (Ill.
				Rev. Stat. 1979, ch. 1271/2, pars. 151-152) and a full compliance with the law
				will be enforced. Containers shall be metal, or of a type approved by the State
				Fire Marshal.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 180 - STORAGE, TRANSPORTATION, SALE AND USE OF GASOLINE AND VOLATILE OILS › Section 180.40 - Industrial and Commercial Use

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Flammable liquids used in mixers for mixing or cleaning shall be piped to
			 mixers wherever feasible to avoid spillage and dispersion of flammable vapors.
			 Automatic shut-off valves shall be provided to prevent overfilling.
b) Class I or II flammable liquids shall not
			 be drawn from containers within a building except by means of a device drawing
			 from top of tank or container. Gravity discharge within a building of Class I
			 or II liquids from tanks, drums or containers other than safety cans is
			 forbidden. Drums or barrels in which flammable liquids have been stored shall
			 have taps, plugs or bungs replaced immediately after package has been emptied
			 and shall be removed to the outside.
c) Hand tools, scrapers and similar
			 implements used in the mixing area shall be of a type of material or metal that
			 will not produce sparks.
d) Mixing
			 rooms shall be provided with adequate mechanical ventilation to prevent
			 accumulation of flammable vapors. Fans shall operate whenever pumps or mixers
			 are in operation.
e) Mixing rooms
			 shall be provided with flammable vapor detector alarms to warn when flammable
			 vapors are approaching an explosive range.
f) Approved dry powder or foam type automatic
			 extinguishing devices shall be installed above mixers in which flammable fluids
			 are used for mixing or cleaning.
g)
			 Design and installation of electrical equipment in mixing rooms where flammable
			 liquids are used must comply with standards established in the National
			 Electrical Code, NFPA, No. 70 (1965) for hazardous locations.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 180 - STORAGE, TRANSPORTATION, SALE AND USE OF GASOLINE AND VOLATILE OILS › Section 180.50 - Use Within Buildings Restricted

Current through Register Vol. 48, No. 28, July 12, 2024
a) The mixing, storing or handling of Class I
			 and Class II liquids in open containers is prohibited in any building, except
			 in the compounding of medicines and prescriptions in drug stores.
b) Dry cleaning or removal of spots from
			 clothing or other material with Class I and Class II liquids shall always be
			 done out of doors, unless in an approved dry cleaning plant.
c) Use of Class I and Class II liquids for
			 cleaning floors, woodwork, etc., shall be avoided.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 180 - STORAGE, TRANSPORTATION, SALE AND USE OF GASOLINE AND VOLATILE OILS › Section 180.60 - No Pouring Into Sewers

Current through Register Vol. 48, No. 28, July 12, 2024
No liquids of Classes I, II and III, or solutions containing
				such liquids, shall be poured into any sewer or into any drain which connects
				with a sewer system.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 180 - STORAGE, TRANSPORTATION, SALE AND USE OF GASOLINE AND VOLATILE OILS › Section 180.70 - Storage in Public Buildings Restricted

Current through Register Vol. 48, No. 28, July 12, 2024
No liquids of Class I or Class II shall be kept or stored in
				any schoolhouse, public hall or place of assembly, or in any public building,
				except for demonstration purposes or for industrial or mechanical uses, and
				then only under competent supervision.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 180 - STORAGE, TRANSPORTATION, SALE AND USE OF GASOLINE AND VOLATILE OILS › Section 180.90 - Keep Fire Away

Current through Register Vol. 48, No. 28, July 12, 2024
Flammable liquids shall always be kept away from fire or open
				flame; fire or open flame shall always be kept away from flammable
				liquids.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 180 - STORAGE, TRANSPORTATION, SALE AND USE OF GASOLINE AND VOLATILE OILS › Section 180.100 - Heating and Lighting Appliances

Current through Register Vol. 48, No. 28, July 12, 2024
The use of any type, kind or make of heating or lighting
				appliance using flammable liquids which, after a test by a competent authority,
				is considered as introducing a distinct hazard to life or property, shall be
				prohibited.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 180 - STORAGE, TRANSPORTATION, SALE AND USE OF GASOLINE AND VOLATILE OILS › Section 180.150 - Dry Cleaning Plants

Current through Register Vol. 48, No. 28, July 12, 2024
The rules and regulations governing dry cleaning plants shall
				conform to, and be in accordance with the Standards for Dry Cleaning and Dry
				Dyeing Plants published in NFPA Standard No. 32 in June, 1956 by the National
				Fire Protection Association.