WHAT YOU DON'T KNOW ABOUT YOUR
UNDERGROUND STORAGE TANKS CAN HURT YOU

By DENNIS G. WALSH, Associate, Klein, Thorpe and Jenkins

Underground storage tanks are highly regulated in Illinois both by the state and federal government. The failure to comply with the existing laws and regulations will subject a municipal owner and/or operator of an underground storage tank to extensive environmental liability. In addition, access to funds in the Illinois Underground Storage Tank Fund require compliance with various registration and operating requirements and the Illinois Responsible Party Transfer Act applies to most real estate property transfers which contain underground storage tanks. In short, there is an array of laws and regulations covering virtually every aspect of the handling of your underground storage tanks from new tank installation and construction standards to detailed rules governing the temporary and permanent closure of the tanks.

For example, tanks and their associated piping are subject to design, construction, installation, operating and release detection requirements, and new tanks must be designed and constructed in a manner and with certain materials that will prevent leaks, structural failure or corrosion over their useful lives. Once tanks are placed in operation, steps must be taken to prevent spills and detect releases. Existing underground storage tanks must be upgraded or closed and the regulations provide for a phasing in of release detection requirements for all tanks between 1989 and 1993.

In addition, there are registration, permitting, investigation and notification requirements and if a release is either detected or suspected, the owner/operator is required to take immediate action. Spills and overfills which occur during the filling or pumping of a tank may

also require notification and must be contained and cleaned up immediately. Finally, the failure to respond to a release or to properly register an underground storage tank and pay all the required fees to the underground storage tank fund will subject both the owner and operator of the tank to triple damages.

Obviously, then, it is essential that each municipality make an initial determination as to whether it has an underground storage tank which is subject to these laws and regulations. In general, and there are exceptions, the underground storage tank regulations apply to any one or a combination of tanks that contain a "regulated substance," the volume of which (including the volume of the connected underground pipes) is 10% or more beneath the surface of the ground.

In a series of consecutive articles to follow, this author will address some of the general requirements of the Illinois Underground Storage Tank Program and the regulations governing the installation, use and closure of tanks located within the State of Illinois. Since the laws and regulations are numerous and complex and each situation fact specific, these articles should in no way act as a substitute or replacement for the advice of your attorney. On the contrary, it is highly recommended that you contact your counsel for such advice in the event you have an existing underground storage tank or contemplate installing one.

Page 16 / Illinois Municipal Review / November 1991