Illinois Administrative Code

Section 176.455 Payment of 1988 Annual UST Fee The owner of any registered underground petroleum storage tank (excluding heating oil USTs for consumptive use on the premises where stored) in the ground at any time in 1988 and in operation at any time after January 1, 1974 shall p…

Section 176.460 Pre-'74 and Heating Oil USTs USTs not in operation at any time after January 1, 1974 (commonly referred to as "pre-'74 USTs"), and non-farm and non-residential heating oil USTs for consumptive use on the premises where stored, remain classified as USTs and require…

Section 176.470 Requirements for Conducting Precision Testing of Tanks and Piping, Cathodic Protection Testing, and Inspection and Testing of UST Equipment Employees of an OSFM-licensed contractor conducting cathodic protection testing shall be ICC certified in the appropriate mo…

Section 176.500 Definitions "Revocation of the Registration of an Underground Storage Tank System" means termination by OSFM of the registration of a UST. (Source: Amended at 42 Ill. Reg. 10621, effective October 13, 2018)

Section 176.505 Enforcement Action Except in the case of an emergency administrative order, all enforcement action shall begin with the issuance of an NOV by OSFM. The violations cited on the NOV shall be corrected within 60 calendar days after the issuance of the NOV. A copy of …

Section 176.510 Grounds and Time for Appeal An Administrative Order issued pursuant to the Gasoline Storage Act or OSFM rules promulgated pursuant to that Act may be appealed in accordance with this Subpart. An appeal of an Administrative Order issued pursuant to this Section may…

Section 176.515 Notice of Hearing Notice of the time and place for any hearing shall be given to any party concerned at least 30 days prior to the hearing date. If an attorney, through written communication, is known to represent any party to a hearing, then notice is to be given…

Section 176.520 Continuances A hearing officer may, for good cause, grant a continuance at the request of a party or a continuance on the hearing officer's own motion. Good cause may include, but is not limited to, death or hospitalization of a party or assigned counsel, natural …

Section 176.525 Appearances At hearings before OSFM, parties to a proceeding may represent themselves or may be represented by an attorney licensed to practice law in the State of Illinois. The failure of a party to be represented by an attorney does not constitute grounds for a …

Section 176.530 Service of Papers and Computation of Time 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 …

Section 176.535 Stipulations 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 p…

Section 176.540 Evidence 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 ma…

Section 176.545 Official Notice 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 practi…

Section 176.550 Authority of Hearing Officer 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 …

Section 176.555 Default 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 t…

Section 176.560 Post-Hearing Submissions 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 rea…

Section 176.565 Transcripts 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…

Section 176.570 Final Order 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 so…

Section 176.575 License Suspension or Revocation and Assessment of Civil Monetary Fines Against a Contractor 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 sus…

Section 176.580 Assessment of Penalties 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. (Source: Amended at 47 Ill. Reg. 6949, effective May…

Section 176.585 Subpoena − Fees and Mileage of Witnesses 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 …

Section 176.590 Paper Hearings 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…

Section 176.600 Purpose 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. (Source: Added at 36 Ill. Reg. 3187, effective February 15, 2012)

Section 176.605 Scope 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 …

Section 176.610 Definitions "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…

Section 176.615 Class A, B and C Operator Classifications 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 designate…

Section 176.620 Training 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…

Section 176.625 Minimum Training Requirements 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 Ill…

Section 176.630 Examination Frequency 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 involv…

Section 176.635 Approval of Required Training and Examination Location All training programs used to meet the operator training requirements must have prior written approval by OSFM. These programs must at least meet the criteria of this Subpart in order to be approved. These pro…

Section 176.640 Examination Fees 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. (Source: Added at 36 Ill. Reg. 3187, effective February 15, 2012)

Section 176.645 Recordkeeping 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 ea…

Section 176.650 Out-of-Compliance Retraining 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 issuin…

Section 176.655 Periodic Operation and Maintenance Walkthrough Inspections and Plan; Class A, B and C Operator Responsibilities 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 …

Section 176.660 Violations 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…

Section 176.APPENDIX A Derivation Table (Repealed) (Source: Repealed at 42 Ill. Reg. 10621, effective October 13, 2018)

Section 177.100 Definitions "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 …

Section 177.105 Deposit Prohibited 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…

Section 177.110 Inspection of UST Facilities 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.

Section 177.115 Evidence of Compliance Status for UST Facilities 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. b) Evidenc…

Section 177.120 Certificate of Exemption (Repealed) (Source: Repealed at 47 Ill. Reg. 6972, effective May 2, 2023)

Section 177.125 Missing, Damaged or Destroyed Evidence of Compliance Status 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 o…

Section 177.130 Expiration of Certificates 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.

Section 177.APPENDIX A Derivation Table (Repealed) (Source: Repealed at 42 Ill. Reg. 10670, effective October 13, 2018)

Section 178.100 Definitions 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 P…

Section 178.110 Requirements for Eligibility 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…

Section 178.120 Deductible Amounts 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 acti…