4-108-310 Rules, regulations and standards.

   The commissioner shall promulgate rules and regulations as appropriate, to implement the terms of this Article III. In determining standards for approval of vapor recovery and collection systems, the commissioner shall consider the availability of systems and their components, the ability of a system to withstand frequent use, the suitability of a system to local climate conditions, and approval of systems by other governmental agencies.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 5-9-12, p. 27485, § 65)

4-108-320 Suspension or revocation of license.

   A.   The commissioner may suspend or seek the revocation of the filling station license of any licensee who violates any provision of this Article III or any regulations promulgated thereunder in accordance with the requirements set forth in Section 4-4-280.

   B.   If a vapor collection and recovery system is inoperable or in a condition that presents an immediate danger to persons using or near the system, the commissioner may immediately suspend the licensee's license and require the licensee to cease all operations at the facility until the system is fully operable and the dangerous condition is eliminated.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 5-9-12, p. 27485, § 66)

4-108-330 Violation – Penalty.

   In addition to any other penalty provided by law, any person who violates any provision of this Article III of this chapter or any regulations promulgated thereunder shall be subject to a fine of not less than $200.00 and not more than $1,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 5-9-12, p. 27485, § 67)

ARTICLE IV. SPILL/OVERFILL CLEANUP AND SURFICIAL CLEANSING (4-108-340 et seq.)

4-108-340 Definitions.

   For purposes of this article, the following terms and abbreviations shall apply:

   "Facility" shall mean a filling station (as that term is defined in Section 4-108-010 of the Code) or motor vehicle repair shop (as that term is defined in Section 4-228-010 of the Code).

   "Operator" shall mean the owner, manager, agent or other person in charge, possession or control of a facility within the City of Chicago. Where the owner is different from the manager, agent or other person in charge, possession or control, then liability for a violation of this article shall be joint and several.

   "Overfill" or "spill" shall not include the residual spillage from a nozzle that commonly occurs when the nozzle is removed from a tank aperture upon the conclusion of filling operations, if such spillage is so minimal as to be measurable in individual droplets.

   "U.S.T." shall mean an underground storage tank used in conjunction with the operation of a facility.

   "U.S.T. system" shall mean a U.S.T. and all associated equipment (e.g., fuel dispensing pump, hose and nozzle).

   "Vehicular use area" shall mean any part of the facility, except for any enclosed or partially enclosed structure, which is devoted to use by or for motor vehicles including parking areas (accessory or nonaccessory); storage areas for automobiles, trucks or other vehicles; loading areas; service areas and drives; and access drives and driveways.

(Added Coun. J. 6-4-03, p. 2243, § 1)

4-108-345 Waste removal requirement.

   The operator of any facility shall ensure that any garbage, debris, refuse, litter, and miscellaneous waste located upon the facility premises is containerized at all times. Failure to properly containerize, including through allowing overflow or other escape from a container, is a violation of this section.

(Added Coun. J. 6-4-03, p. 2243, § 1; Amend Coun. J. 10-27-21, p. 39543, Art. VI, § 1)

4-108-350 Spill or overfill containment and cleanup requirement.

   (A)   Each operator shall contain and immediately clean up a spill or overfill from a U.S.T. system, as follows:

      (1)   The operator shall immediately place an absorbent on any spilled material, overflow, and/or contaminated area to prevent the spread of the spilled material or overflow.

      (2)   The operator shall immediately clean up all spilled material and overflows to eradicate all stains and residue.

      (3)   The waste generated by the cleanup required by this section shall be disposed of in accordance with applicable federal, state, and local laws and regulations.

      (4)   The operator shall keep records of the cleanup and waste disposal required by this section onsite for three years after any cleanup, and, upon request, shall make such records available to the Commissioner of Health or the Commissioner's designee.

   (B)   Each operator shall report a spill or overfill from a U.S.T. that results in a release to the environment that exceeds 25 gallons or causes a sheen on nearby surface water to the Illinois Emergency Management Agency within 24 hours.

(Added Coun. J. 6-4-03, p. 2243, § 1; Amend Coun. J. 10-27-21, p. 39543, Art. VI, § 1)