Underground Fuel Storage Tanks:
No Longer "Out of Sight — Out of Mind"

For many years, underground fuel storage tanks were often treated as an issue that was "out of sight — out of mind." However, with the advent of the 1988 federal regulations for underground storage tanks (USTs), many old underground tanks are getting renewed attention. In Illinois, experience has shown that the attention is well deserved.

In the early 1980s, contamination-was found in several drinking water wells in the small farming town of Lisbon, Illinois, Leaking underground storage tanks at the local implement dealership were identified as a source of the contamination. In Momence, gasoline vapors collected in a township hall. Late one night, the vapors built up to a dangerous level and exploded. The vapors were believed to have traveled along utility lines from leaking tanks at a nearby service station. In Streator, gasoline seeped into the basement of a local business and, once again, leaking service station tanks were the suspected source. Similar incidents have appeared throughout the state of Illinois and the culprit is often identified as leaking underground storage tanks.

When the underground storage tank regulations were conceived, the primary objective was to protect groundwater. In Illinois, approximately 50 percent of the state's population uses groundwater as a source of drinking water. It has been estimated that agricultural activity accounts for 15 percent of the state's total groundwater use. According to the National Rural Water Association, one gallon of gasoline can contaminate 750,000 gallons of water to the point where the water is unfit for human consumption. From these statistics alone, it is apparent that the hazard posed to Illinois' groundwater from leaking underground storage tanks could seriously threaten the state's welfare. When it comes to USTs, prevention is the best solution to groundwater contamination.

All regulated underground storage tanks are required to be registered with the Illinois Office of the State Fire Marshal (OSFM). Currently, 63,830 USTs at 23,956 facilities have been registered with the OSFM. It is estimated that another 15,000 to 18,000 regulated tanks in the state have not been registered. The United States Environmental Protection Agency estimates that 25 percent of all regulated tanks are leaking. However, OSFM experience has shown that 70 percent to 80 percent of the underground fuel storage tanks being removed in Illinois have had some type of a petroleum release.

Cleaning up leaks from underground storage tanks is within the jurisdiction of the Illinois Environmental Protection Agency (IEPA). At the end of June 1991, IEPA records indicated that over 5,700 leaking tank sites have been reported. Additional reports are being received at the rate of roughly 10 new sites every day. Nationally, underground tanks and pipes are estimated to account for almost 5 percent of all hazardous materials spills.

Many underground storage tanks at farms are exempt from these federal and state regulations. Only farm tanks that can hold more than 1,100 gallons of motor fuel are regulated. Illinois' farmers should remember that only 10 percent of a fuel storage tank, including underground pipes attached to the tank, needs to be below the ground surface for the tank to be considered a UST. The definition of "tank" does not include septic tanks and systems for collection of storm or waste water. Also, surface impoundments and pits are not considered to be "tanks."

Regulated farm tanks are required to be registered with the OSFM. If a farmer is interested in installing a

October 1991 / Illinois Municipal Review / Page 11

regulated tank on his or her farm, repairing a farm tank, or removing such a tank, he or she must obtain a permit from the Fire Marshal's office. In addition, in most instances, the installation, repair or removal must be performed by a contractor who is registered with the OSFM.

By requiring tank owners to obtain permits and utilize registered contractors, the Fire Marshal's office is attempting to protect Illinois citizens. In 1990, two people were killed in the state while removing USTs. One man was killed in Antioch when the tank he was cutting apart exploded. In Chicago, another man was killed and a co-worker was critically injured when the fuel oil tank they were working on exploded. In a UST-related incident, a Granite City man was killed during a tank installation when an excavation wall collapsed on him.

Another fairly new law, the Responsible Property Transfer Act (RPTA), may affect many farm tank owners. The RPTA law pertains to real estate sales. The law requires the seller of a piece of property to disclose the presence of a regulated UST on the property to the purchaser. The information must be put on a disclosure statement and must be recorded with the county recorder. A copy of the form must also be filed with the IEPA. The RPTA law is designed to protect unsuspecting property buyers from purchasing unseen and potentially unknown USTs.

More information about the regulatory requirements for underground storage tanks may be obtained from the Illinois Office of the State Fire Marshal's Division of Petroleum and Chemical Safety. The general number for the division is 217/785-5878. Additional information about the Responsible Property Transfer Act may be obtained from the Illinois Chamber of Commerce. Complaints or concerns about leaking underground storage tanks may be directed either to the Office of the State Fire Marshal or to the Illinois Environmental Protection Agency. •

Page 12 / Illinois Municipal Review / October 1991