OUT OF SERVICE UNDERGROUND STORAGE TANKS AND CLOSURE PROCEDURES

OUT OF SERVICE UNDERGROUND
STORAGE TANKS AND CLOSURE PROCEDURES

By DENNIS G. WALSH of Klein, Thorpe and Jenkins, Ltd.

So you think that you can avoid the problem of dealing with your municipal underground storage tank by simply proclaiming that it's been emptied and abandoned for over 10 years? Well, that may be: if first you filled the tank with sand or pea gravel prior to October 1, 1985, and can provide a receipt or written statement from the contractor who did the fill, a statement from the inspector who inspected the tank, or a written statement from anyone designated by the State Fire Marshal or the Director of the Division of Petroleum and Chemical Safety. Otherwise, an underground storage tank abandoned for more than one year, regardless of the date on which it was installed, must be removed from the site within the immediate subsequent year, unless a waiver is granted by the Office of the State Fire Marshal. Easy enough, you say to yourself, I'll just get a waiver. Not so fast. A waiver of the removal requirement for a tank, allowing it to be abandoned in place, is granted only where it would be infeasible to remove the tank due to loss of adjacent or subjacent support of nearby structures, railroad tracks, streets (as defined in Section 1-201 of the Illinois Vehicle Code) or other tanks. In addition, all the following criteria must be met:

1. A complete plan or diagram of the area showing the location of tanks, fill pipes, vent lines, sewers, streets, product lines and buildings;
2. A statement of need, which includes but is not limited to the facility name and location, number and size of tanks involved, and an explanation of why the waiver is requested;
3. A certification to the Office of the State Fire Marshal, Division of Petroleum and Chemical Safety, that the subject tank is not currently leaking, nor has it leaked in the past;
4. The tank is filled with inert material such as sand, gravel, clay, bentonite, or inert material mixed with portland cement to increase flowability. Inert foam material may be used upon written approval by the Office of the State Fire Marshal, if a sufficient amount of other inert material is used to counteract buoyancy of the tank. (Filling the tank with Redi-Mix concrete is prohibited.);
5. When the tank is allowed to be abandoned in place due to loss of support as specified above, the tank must be removed when the support is no longer needed (when the object(s) needing support is no longer in need of support or has been removed);
6. The owner of the tank must keep a permanent record of the tank location, the date of abandonment and the method of conditioning the tank for abandonment, and forward a copy of such record to the Office of the State Fire Marshal, Division of Petroleum and Chemical Safety; and
7. Provide all documentation required to the Office of the State Fire Marshal, Division of Petroleum and Chemical Safety.
The owner and/or operator of an underground storage tank who simply wants to temporarily close an underground storage tank system must also notify the Office of the State Fire Marshal and continue operation and maintenance of corrosion protection and release detection. Provided, however, that release detection is not required as long as the tank is empty. When an underground storage tank is temporarily closed for 3 months or more, the vent lines must be left open and functioning and all other lines, pumps, manways and ancillary equipment must be capped and secured. If the tank is temporarily closed for more than 12 months, it must be permanently closed if it does not meet either the performance standards for new underground storage tanks or the upgrading requirements for existing tanks, except that the spill and overfill equipment requirements do not have to be met.
Continued use of an underground storage tank system to store a non-regulated substance (so that it is no longer classified as an underground storage tank system) is considered a change-in-service. Before a change in service, owners and operators must empty and clean the tank by removing all liquid and accumulated sludge and must conduct a site assessment. However, a change
May 1992 / Illinois Municipal Review / Page 17

in service may only occur during the first two years, commencing with the installation of the tank.
At least 30 days before beginning either permanent closure or a change in service, a municipality must give the Office of the State Fire Marshal, Division of Petroleum and Chemical Safety, written notice providing the location of the tanks, the size of the tanks and any other information which would help identify which tank is to be removed if there is one or more tanks on the ground on that location, unless the removal is in response to a corrective action. In addition, the municipality must give notice of removal of the tank(s) to the Office of the State Fire Marshal, Division of Petroleum Safety, by telephone, no more than five days and at least before 12:00 p.m. three working days prior to the date of removal.
In addition, before beginning permanent closure of the tank, the municipality must measure for the presence of a release where a contamination is most likely to be present at the underground storage tank site. In selecting sample types, sample locations and measurement methods, the municipality must consider the method of closure, the nature of the storage substance, the type of backfill, the depth to ground water, and other factors appropriate for identifying the presence of a release. If contaminated soils, contaminated ground water, or free product as a liquid or vapor is discovered, the municipality must begin notification and corrective action immediately. Responding to a release is the subject of next month's article. •
Page 18 / Illinois Municipal Review / May 1992