STAGE 2 VAPOR RECOVERY SYSTEMS (4-108-190 et seq.)

Municipal Code of Chicago tit. 4, ch. 4-108, art. III

in effect

Municipal Code of Chicago § 4-108-190 Definitions.

4-108-190 Definitions. Whenever used in this article, unless the context requires a different meaning: A. "Commissioner" means the commissioner of business affairs and consumer protection. B. "Department" means the department of business affairs and consumer protection. C. "Gasoline" means any conventional, reformulated, or otherwise blended volatile liquid suitable for use as a motor vehicle fuel, excluding diesel fuel and kerosene. D. "Gasoline transport vehicle" means any truck, trailer or railroad tank car, with a capacity of 300 gallons or more, used for the transportation of gasoline. E. "Monthly volume" means the amount of gasoline dispensed from a gasoline dispensing facility during any calendar month. For facilities in continuous existence since November 15, 1988, the average monthly volume will be based on the monthly sales for the period November 15, 1988 to November 15, 1990. For other facilities, the commissioner shall prescribe by rule the method of computing monthly volume. F. "Gasoline-dispensing facility" or "facility" means any site where gasoline storage tanks are maintained and operated in the refueling of motor vehicles. G. "Vapor collection and recovery system" means a vaportight collection system or other system that removes and collects at least 90 percent, by weight, of gasoline vapors that are generated during refueling of a motor vehicle, and prevents the release of the vapors into the atmosphere. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5)

Municipal Code of Chicago § 4-108-200 Use of system required.

4-108-200 Use of system required. No owner or operator of a gasoline-dispensing facility shall cause or allow the dispensing of gasoline at any time unless the facility is equipped with and uses at all times a vapor collection and recovery system which has been approved by the commissioner and is operated in accordance with this article. This requirement shall not apply to (a) any facility which sells less than 50,000 gallons per month average monthly volume and qualifies as an independent, small business marketer of gasoline as defined in Section 325 of the Federal Clean Air Act Amendments of 1990; or (b) any other facility which sells less than 10,000 gallons of gasoline per month average monthly. (Added Coun. J. 9-11-91, p. 5522)

Municipal Code of Chicago § 4-108-210 Approval required.

4-108-210 Approval required. No vapor collection and recovery system shall be installed or operated unless the components comprising the system have been approved by the commissioner. It shall be the responsibility of the owner or operator of the subject gasoline fuel-dispensing facility to provide proof to the commissioner that the vapor collection and recovery system, as installed, meets the requirements promulgated by the commissioner for approval of the system. (Added Coun. J. 12-9-92, p. 25465)

Municipal Code of Chicago § 4-108-220 Training and instruction.

4-108-220 Training and instruction. The owner or operator of a gasoline fuel- dispensing facility shall train and instruct operators and employees of the gasoline dispensing facility in the proper operation and maintenance of the vapor collection and recovery system. (Added Coun. J. 12-9-92, p. 25465)

Municipal Code of Chicago § 4-108-230 Maintenance.

4-108-230 Maintenance. The owner or operator of a gasoline-dispensing facility shall maintain all vapor collection and recovery equipment in accordance with the manufacturer's specifications and the regulations issued by the commissioner. (Added Coun. J. 12-9-92, p. 25465)

Municipal Code of Chicago § 4-108-240 Operating instructions.

4-108-240 Operating instructions. The owner or operator of a gasoline-dispensing facility shall post operating instructions for dispensing gasoline using the vapor collection and recovery system in a conspicuous and readily visible place within the gasoline-dispensing area. The physical specifications and language of these instructions must include: A. A clear description of how to correctly dispense gasoline using the system; B. A warning not to attempt continued refueling after automatic shutoff; C. The telephone number of the department to report any problems experienced with the vapor collection and recovery system; D. A warning that breathing gasoline vapors is hazardous to human health, and that the user is responsible for proper operation of the dispensing equipment; and E. Such other information and warnings as the commissioner may require by regulations. (Added Coun. J. 12-9-92, p. 25465)

Municipal Code of Chicago § 4-108-250 Modification or removal - Defective or missing parts.

4-108-250 Modification or removal - Defective or missing parts. No owner or operator of a gasoline-dispensing facility shall modify, remove, replace or otherwise change or render inoperative any element or component of the vapor collection and recovery system which would render the system incapable of collecting gasoline vapors in accordance with this article and the regulations issued by the commissioner. No owner or operator of a gasoline-dispensing facility shall allow the use of a vapor collection and recovery system with defective, malfunctioning or missing components. (Added Coun. J. 12-9-92, p. 25465)

Municipal Code of Chicago § 4-108-260 Sale or installation.

4-108-260 Sale or installation. No person shall sell, offer for sale or install any new or rebuilt vapor collection and recovery system equipment for use within the City of Chicago, unless the system, components and parts are approved by the commissioner. (Added Coun. J. 12-9-92, p. 25465)

Municipal Code of Chicago § 4-108-270 Time limits for compliance.

4-108-270 Time limits for compliance. A. The owner or operator of a gasoline- dispensing facility shall comply with all provisions of this article in accordance with the earliest date of the following schedule: 1. Any licensee who installs new gasoline storage tanks or repairs or replaces existing tanks shall at the same time install a vapor collection and recovery system on the tanks. 2. The owner or operator of a gasoline- dispensing facility with an average monthly volume of gasoline of 100,000 gallons or more shall install and operate vapor collection and recovery devices on all gasoline-dispensing tanks and hoses within one year of the effective date of the ordinance codified in this article. 3. The owner or operator of a gasoline- dispensing facility with an average monthly volume of gasoline of at least 10,000 gallons but less than 100,000 gallons shall install and operate vapor collection and recovery devices on all gasoline-dispensing tanks and hoses within two years of the effective date of the ordinance codified in this article. B. The owner and operator of a gasoline- dispensing facility shall report in writing to the commissioner on or before the ninetieth day following the effective date of the ordinance codified in this article, when the facility shall come into compliance with the terms of this section. It shall be the responsibility of the owner or operator to provide written proof to the commissioner demonstrating that the identified compliance date is in accord with the compliance dates set forth in this section. (Added Coun. J. 12-9-92, p. 25465)

Municipal Code of Chicago § 4-108-280 Tests.

4-108-280 Tests. Upon written notice from the commissioner, the owner or operator of a gasoline-dispensing facility shall perform or have performed tests to demonstrate compliance with the terms of this article, in accordance with methods approved by the commissioner. (Added Coun. J. 12-9-92, p. 25465)

Municipal Code of Chicago § 4-108-290 Reports.

4-108-290 Reports. A. The owner or operator of a gasoline-dispensing facility shall, at least ten calendar days before the installation of the vapor collection and recovery system, notify in writing the commissioner of the actual dates of installation and the specific type of vapor collection and recovery system to be installed. B. The owner or operator of a gasoline-dispensing facility, in the event of a defect or malfunction which renders the vapor collection and control system incapable of being operated in accordance with the manufacturer's specifications and/or the commissioner's certification, shall report the defect or malfunction to the commissioner within one business day of discovery of such breakdown. Such report shall identify the time, specific location, equipment involved, and the cause of the malfunction. C. The owner or operator of a gasoline-dispensing facility must report in writing to the commissioner on or before April 1st of each year the type and duration of any defect of malfunctions of vapor collection and recovery systems which occurred during the previous calendar year, and the repairs undertaken to correct and prevent recurrence of the malfunction. In addition, a record of the type and duration of such malfunctions and the repairs undertaken to correct and prevent recurrence of the malfunction must be maintained at each facility for a period of five years and made available for inspection by the department at any time. (Added Coun. J. 12-9-92, p. 25465)

Municipal Code of Chicago § 4-108-300 Gasoline transport vehicles.

4-108-300 Gasoline transport vehicles. A. No owner or operator of a gasoline transport vehicle shall allow said vehicle to be filled or emptied unless the vehicle: 1. Sustains a pressure change of not more than three inches of water in five minutes when pressurized to a gauge pressure of 18 inches of water and evacuated to a gauge pressure of six inches of water; 2. Is repaired by the owner or operator within fifteen days after failing to meet the pressure change standard; 3. Complies with all regulations issued by the commissioner and requirements of the Illinois Pollution Control Board for the transfer of gasoline from any delivery vessel into any stationary storage tank at a gasoline-dispensing facility. B. All gasoline transport vehicles must undergo a pressure-vacuum test within one year after the effective date of this section, and each succeeding test is to be done within one year of the previous test. The owner of a gasoline transport vehicle shall test the vehicle annually for compliance with this article, using test methods of the commissioner. C. During the loading or unloading of a gasoline transport vehicle, leakage from any component of the gasoline transport vehicle or the vapor collection and recovery system shall not be visible. No avoidable visible liquid leakage from such components is allowed. Components of the transport vehicle or vapor collection and recovery systems include all piping, seals, hoses, connections, pressure-vacuum seals, and other possible leak sources. All fittings and seals of such components are to be vaportight. All appropriate hoses and return lines are to be connected and in place prior to initiating unloading. D. No owner or operator of a gasoline transport vehicle shall allow the vehicle to be loaded under a pressure exceeding 18 inches of water gauge, or to be unloaded under a vacuum exceeding six inches of water gauge. E. No owner or operator of a gasoline transport vehicle shall allow the vehicle to be loaded or unloaded or in motion unless the dome covers on the vehicles are closed, except with vehicles that are hatch loaded. F. The owner or operator of any gasoline transport vehicle shall maintain the following records: 1. Pressure-vacuum test and repair log, which shall include identification of the vehicle, the result of the test, the test and repair dates, and the nature of the repairs; 2. A copy of the most recent pressure- vacuum test, kept in the transport vehicle itself. Such records are to be maintained for a period of three years, and be available to the commissioner upon request. (Added Coun. J. 9-11-91, p. 5522)

Municipal Code of Chicago § 4-108-310 Rules, regulations and standards.

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)

Municipal Code of Chicago § 4-108-320 Suspension or revocation of license.

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)

Municipal Code of Chicago § 4-108-330 Violation - Penalty.

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)

Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2633091Fetched: 10/24/2026