11-4-2110 Review and approval of plans and specifications; revocation; permit not transferable.

   (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)

11-4-2115 Underground tank storage regulations.

   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)

11-4-2120 Waiver of permit fee.

   The commissioner is authorized to waive any permit fee required by this article for any tank owned or operated by the federal government, the State of Illinois or any agency or political subdivision thereof.

(Added Coun. J. 6-10-96, p. 23557)

11-4-2130 Penalty for violation.

   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)

ARTICLE XVII. FUEL AND LUBRICATION FACILITIES (11-4-2140 et seq.)

11-4-2140 Fuel and lubrication facilities.

   (1)   For purposes of this section, the term "facility" shall mean any commercial establishment that provides motor vehicle refueling or oil changes on a retail basis, if one or more underground tanks are located on-site or used in conjunction with operations conducted on-site.

   (2)   Each facility in the city must provide notification, as set forth in this section, to the department of health. There shall be no fee to provide notification or to update a notification. Such notification shall be on forms provided by the department of health, and shall include the following information:

      (a)   Site information: Name, address, telephone number, fax number.

      (b)   Owner information: Name, off-site address where certified mail can be received, weekday telephone number, 24-hour emergency telephone number, fax number.

      (c)   Operator information: Name, off-site address where certified mail can be received, weekday telephone number, 24-hour emergency telephone number, fax number.

      (d)   Current office of the state fire marshal certification number (green sticker) and facility information number, number and size of underground tanks on site, status of such underground tanks (e.g., active, out-of-service, if out-of-service, date taken out), products stored in such underground tanks.

      (e)   Such other information as the commissioner of health may require.

   A notification must be provided to the department of health by January 1 of each year. Such annual notification shall be required even if no changes have occurred since the submission of the previous notification. An updated notification must be provided in the event that any information on a notification form on file with the department of health becomes inaccurate or incomplete in any respect at any time during the year, within 30 days of the change in status. Such changes in status include, but are not limited to, changes in ownership, changes in operator and the temporary or permanent termination of operations at a facility.

   (3)   Any person owning and/or operating a facility in violation of any provision of this section shall be personally subject to a fine not to exceed $500.00 for each violation, plus court costs and reasonable attorney's fees. Each day that a violation continues shall constitute a separate and distinct offense.

   (4)   In the event that the city is unable to contact an owner or operator of a facility using information provided on a notification form, or as a result of an owner's or operator's failure to provide notification or update a notification, the facility shall be presumed to be abandoned, and the department of health may, after reasonable efforts to contact the owner or operator, arrange for the closure of the facility, and the abatement of any public nuisances associated with the facility, in accordance with applicable law. Costs incurred by the city in conjunction with such closure and abatement shall be a lien on the property as provided by law. In addition, the owner and operator of the facility shall be jointly and severally liable for costs in an amount up to three times the city's costs of closure and abatement, plus court costs and reasonable attorney's fees. Such fines shall be in addition to any other costs and penalties provided herein.

(Added Coun. J. 10-7-98, p. 78728, § 1; Amended Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

ARTICLE XVIII. ASBESTOS, SANDBLASTING, AND GRINDING STANDARDS (11-4-2150 et seq.)