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ARTICLE XVI. FLAMMABLE LIQUID TANK REGULATIONS (11-4-2090 et seq.)
As used in this article, unless the context requires otherwise:
"Commissioner" shall mean the commissioner of health.
"Contractor" shall mean any person licensed and certified by the State of Illinois to perform storage tank installation, repair, removal or abandonment.
"Fire commissioner" shall mean the commissioner of the fire department of the City of Chicago or the commissioner's departmental designee.
"Operator" shall mean any person in control of, or having responsibility for, the daily operation of the tank, including activities requiring permits.
"Tank" shall mean any permanent underground tank as defined by this section, and any above ground or enclosed tank greater than 110 gallons in volume and any and all connecting fittings, piping and other ancillary equipment, used or intended to be used for the storage of any regulated flammable liquids, corrosive liquids, oxidizing materials, highly toxic materials or hazardous chemicals in liquid form as provided in chapters 15-24 and 15-28 of this Code.
"Underground storage tank" or "underground tank" shall mean an underground storage tank system as defined by the regulation promulgated by the Office of the State Fire Marshal in Title 41, Section 174.100, of the Illinois Administrative Code.
(Added Coun. J. 6-10-96, p. 23557; Amend Coun. J. 4-11-07, p. 102582, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 5-18-16, p. 24131, § 28)
No person shall install, repair, remove, abandon in place or temporarily place out of service any tank unless a permit has been issued by the commissioner allowing such activity. An application for such permit or an amendment to an existing permit shall be in writing from the contractor, in such form as the commissioner requires, and shall include the following information:
(a) the names and addresses of the owner, the operator and the owner's authorized and responsible agent;
(b) the name, address, license number and authorized signature of the contractor;
(c) the address of the tank site, the plans and specifications for the tank's installation, abandonment, repair, removal or placement out of service and the tank's measurements, connections, fittings, pipings, openings and safety appliances; and
(d) such other information that the commissioner may determine is reasonably necessary to determine compliance with this Code.
(Added Coun. J. 6-10-96, p. 23557)
(a) No permit shall be issued until review and approval of plans and specifications by the commissioner and payment of permit fees. Additionally, no permit shall be issued for the installation of a tank, other than an underground storage tank, before like plan review and approval by the fire commissioner for conformance with the fire provisions of this Code. The permit fee to install, repair, remove, abandon in place, or place any tank out of service shall be $200 per site, per activity. Any permit issued under this article shall expire in six months from the date it is issued. A permit holder may apply for and receive one or more six-month extensions prior to the expiration of the permit. Each application for an extension must be accompanied by a fee of $200. If a permit lapses and additional activity is to be undertaken, an application for a new permit, accompanied by the permit fee, must be submitted.
(b) A permit may be revoked by either the commissioner or fire commissioner where job site conditions are deemed not to be in compliance with any of the applicable provisions of this Code. No tank or equipment shall be installed, repaired, removed, used or abandoned in place until the installation, material and workmanship have been fully inspected, tested and approved by the commissioner or his representative and by the fire commissioner.
(c) No permit shall be assigned and no rights or privileges thereunder shall be transferred or assigned except by written consent of the commissioner.
(Added Coun. J. 6-10-96, p. 23557; Amend Coun. J. 7-30-08, p. 34757, § 1; Amend Coun. J. 5-18-16, p. 24131, § 29)
Any person who installs, maintains, repairs, removes or abandons in place any underground storage tank in violation of any section of 41 Illinois Administrative Code 172, 174, 175, 176, or 177, as amended from time to time shall be considered to have violated this section. The department of health shall have the authority to: (1) enforce the above-cited provisions which are incorporated herein by reference; (2) obtain any and all applicable relief, including injunctions, court costs and fees; and (3) exercise such powers and perform such functions as may be delegated to the City by the Office of the State Fire Marshal pursuant to Section 2 of the Gasoline Storage Act, 430 ILCS 15/2. Any person found in violation of these provisions or any administrative order issued under Section 2 of the Gasoline Storage Act, 430 ILCS 15/2, shall be fined in an amount equal to the fine specified for the violation in the Gasoline Storage Act (430 ILCS 15) for each violation, and any such violation shall constitute a public nuisance. Each and every violation of any section of 41 Illinois Administrative Code 172, 174, 175, 176, or 177, or any administrative order issued under Section 2 of the Gasoline Storage Act, 430 ILCS 15/2, shall constitute a separate and distinct violation. Each day on which such violation exists shall constitute a separate and distinct offense.
(Added Coun. J. 4-11-07, p. 102582, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)
Permit fees authorized by this article shall constitute a debt due and owing the city. Any person violating this article shall be subject to a fine of not less than $1,000 and not more than $10,000 for each offense. Each day that such violation continues shall be considered a separate offense.
(Added Coun. J. 6-10-96, p. 23557; Amend Coun. J. 11-21-17, p. 61858, Art. VII, § 1)
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