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91_HB0380
LRB9101758ACtmA
1 AN ACT to amend the Gasoline Storage Act by changing
2 Section 2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Gasoline Storage Act is amended by
6 changing Section 2 as follows:
7 (430 ILCS 15/2) (from Ch. 127 1/2, par. 154)
8 Sec. 2. Jurisdiction; regulation of tanks.
9 (1) (a) Except as otherwise provided in this Act, the
10 jurisdiction of the Office of the State Fire Marshal under
11 this Act shall be concurrent with that of municipalities and
12 other political subdivisions. The Office of the State Fire
13 Marshal has power to promulgate, pursuant to the Illinois
14 Administrative Procedure Act, reasonable rules and
15 regulations governing the keeping, storage, transportation,
16 sale or use of gasoline and volatile oils, including rules
17 requiring that underground storage tank contractors file a
18 bond or a certificate of insurance with the State Fire
19 Marshal, and rules governing the dismantling of abandoned
20 bulk storage plants. Nothing in this Act shall relieve any
21 person, corporation, or other entity from complying with any
22 zoning ordinance of a municipality or home rule unit enacted
23 pursuant to Section 11-13-1 of the Illinois Municipal Code or
24 any ordinance enacted pursuant to Section 11-8-4 of the
25 Illinois Municipal Code.
26 (b) The rulemaking power shall include the power to
27 promulgate rules providing for the issuance and revocation of
28 permits allowing the self service dispensing of motor fuels
29 as such term is defined in the Motor Fuel Tax Law in retail
30 service stations or any other place of business where motor
31 fuels are dispensed into the fuel tanks of motor vehicles,
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1 internal combustion engines or portable containers. Such
2 rules shall specify the requirements that must be met both
3 prior and subsequent to the issuance of such permits in order
4 to insure the safety and welfare of the general public. The
5 operation of such service stations without a permit shall be
6 unlawful. The Office of the State Fire Marshal shall revoke
7 such permit if the self service operation of such a service
8 station is found to pose a significant risk to the safety and
9 welfare of the general public.
10 (c) However, except in any county with a population of
11 1,000,000 or more, the Office of the State Fire Marshal shall
12 not have the authority to prohibit the operation of a service
13 station solely on the basis that it is an unattended
14 self-service station which utilizes key or card operated
15 self-service motor fuel dispensing devices. Nothing in this
16 paragraph shall prohibit the Office of the State Fire Marshal
17 from adopting reasonable rules and regulations governing the
18 safety of self-service motor fuel dispensing devices.
19 (2) (a) The Office of the State Fire Marshal shall adopt
20 rules and regulations regarding underground storage tanks and
21 associated piping and no municipality or other political
22 subdivision shall adopt or enforce any ordinances or
23 regulations regarding such underground tanks and piping other
24 than those which are identical to the rules and regulations
25 of the Office of the State Fire Marshal. It is declared to
26 be the law of this State, pursuant to paragraphs (h) and (i)
27 of Section 6 of Article VII of the Illinois Constitution,
28 that the establishment and enforcement of standards regarding
29 underground storage tanks and associated piping within the
30 jurisdiction of the Office of the State Fire Marshal is an
31 exclusive State function which may not be exercised
32 concurrently by a home rule unit except as expressly
33 permitted in this Act.
34 (b) The Office of the State Fire Marshal may enter into
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1 written contracts with municipalities of over 500,000 in
2 population to enforce the rules and regulations adopted under
3 this subsection.
4 (3) (a) The Office of the State Fire Marshal shall have
5 authority over underground storage tanks which contain, have
6 contained, or are designed to contain petroleum, hazardous
7 substances and regulated substances as those terms are used
8 in Subtitle I of the Hazardous and Solid Waste Amendments of
9 1984 (P.L. 98-616), as amended by the Superfund Amendments
10 and Reauthorization Act of 1986 (P.L. 99-499). The Office
11 shall have the power with regard to underground storage tanks
12 to require any person who tests, installs, repairs, replaces,
13 relines, or removes any underground storage tank system
14 containing, formerly containing, or which is designed to
15 contain petroleum or other regulated substances to be
16 certified to perform that activity, to obtain a permit to
17 install, repair, replace, reline, or remove the particular
18 tank system, to pay an annual certification fee of $100 per
19 year, and to pay a fee of $100 per site for a permit to
20 install, repair, replace, reline, or remove any underground
21 storage tank system. All persons who do repairs above grade
22 level for themselves need not pay a fee or be certified. All
23 fees received by the Office from certification and permits
24 shall be deposited in the Fire Prevention Fund for the
25 exclusive use of the Office in administering the Underground
26 Storage Tank program.
27 Within 15 days of receipt of a permit request to install,
28 repair, replace, reline, or remove a storage tank system, the
29 Office of the State Fire Marshal shall make a final
30 determination to approve or disapprove the permit application
31 and notify the permit applicant of the determination. The
32 Office of the State Fire Marshal shall distribute to all
33 certified and licensed contractors a list of equipment
34 approved by the Office of the State Fire Marshal for use in
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1 the installation, repair, replacement, relining, abandonment,
2 tightness testing, leak detection, or removal of tank systems
3 and shall update the list and notify the contractors of any
4 additions or deletions to the approved list of equipment.
5 (b) (i) Within 120 days after the promulgation of
6 regulations or amendments thereto by the Administrator of the
7 United States Environmental Protection Agency to implement
8 Section 9003 of Subtitle I of the Hazardous and Solid Waste
9 Amendments of 1984 (P.L. 98-616) of the Resource Conservation
10 and Recovery Act of 1976 (P.L. 95-580), as amended, the
11 Office of the State Fire Marshal shall adopt regulations or
12 amendments thereto which are identical in substance. The
13 rulemaking provisions of Section 5-35 of the Illinois
14 Administrative Procedure Act shall not apply to regulations
15 or amendments thereto adopted pursuant to this subparagraph
16 (i).
17 (ii) The Office of the State Fire Marshal may adopt
18 additional regulations relating to an underground storage
19 tank program that are not inconsistent with and at least as
20 stringent as Section 9003 of Subtitle I of the Hazardous and
21 Solid Waste Amendments of 1984 (P.L. 98-616) of the Resource
22 Conservation and Recovery Act of 1976 (P.L. 94-580), as
23 amended, or regulations adopted thereunder. Except as
24 provided otherwise in subparagraph (i) of this paragraph (b),
25 the Office of the State Fire Marshal shall not adopt
26 regulations relating to corrective action at underground
27 storage tanks. Regulations adopted pursuant to this
28 subsection shall be adopted in accordance with the procedures
29 for rulemaking in Section 5-35 of the Illinois Administrative
30 Procedure Act.
31 (c) The Office of the State Fire Marshal shall require
32 any person, corporation or other entity who tests an
33 underground tank or its piping or cathodic protection for
34 another, except a lessor for his or her lessee, to register
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1 with the Office, and pay an annual registration fee of $100,
2 to be deposited in the Fire Prevention Fund, and report the
3 results of such test to the Office.
4 (d) In accordance with constitutional limitations, the
5 Office shall have authority to enter at all reasonable times
6 upon any private or public property for the purpose of:
7 (i) Inspecting and investigating to ascertain
8 possible violations of this Act, of regulations
9 thereunder or of permits or terms or conditions thereof;
10 or
11 (ii) In accordance with the provisions of this Act,
12 taking whatever emergency action, that is necessary or
13 appropriate, to assure that the public health or safety
14 is not threatened whenever there is a release or a
15 substantial threat of a release of petroleum or a
16 regulated substance from an underground storage tank.
17 (e) The Office of the State Fire Marshal may issue an
18 Administrative Order to any person who it reasonably believes
19 has violated the rules and regulations governing underground
20 storage tanks, including the installation, repair, leak
21 detection, cathodic protection tank testing, removal or
22 release notification. Such an order shall be served by
23 registered or certified mail or in person. Any person served
24 with such an order may appeal such order by submitting in
25 writing any such appeal to the Office within 10 days of the
26 date of receipt of such order. The Office shall conduct an
27 administrative hearing governed by the Illinois
28 Administrative Procedure Act and enter an order to sustain,
29 modify or revoke such order. Any appeal from such order shall
30 be to the circuit court of the county in which the violation
31 took place and shall be governed by the Administrative Review
32 Law.
33 (f) The Office of the State Fire Marshal shall not
34 require the removal of an underground tank system taken out
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1 of operation before January 2, 1974, except in the case in
2 which the office of the State Fire Marshal has determined
3 that a release from the underground tank system poses a
4 current or potential threat to human health and the
5 environment. In that case, and upon receipt of an Order from
6 the Office of the State Fire Marshal, the owner or operator
7 of the nonoperational underground tank system shall assess
8 the excavation zone and close the system in accordance with
9 regulations promulgated by the Office of the State Fire
10 Marshal.
11 (4) (a) The Office of the State Fire Marshal shall adopt
12 rules and regulations regarding aboveground storage tanks and
13 associated piping and no municipality or other political
14 subdivision shall adopt or enforce any ordinances or
15 regulations regarding such aboveground tanks and piping other
16 than those which are identical to the rules and regulations
17 of the Office of the State Fire Marshal unless, in the
18 interest of fire safety, the Office of the State Fire Marshal
19 delegates such authority to municipalities, political
20 subdivisions or home rule units. It is declared to be the
21 law of this State, pursuant to paragraphs (h) and (i) of
22 Section 6 of Article VII of the Illinois Constitution, that
23 the establishment of standards regarding aboveground storage
24 tanks and associated piping within the jurisdiction of the
25 Office of the State Fire Marshal is an exclusive State
26 function which may not be exercised concurrently by a home
27 rule unit except as expressly permitted in this Act.
28 (b) The Office of the State Fire Marshal shall enforce
29 its rules and regulations concerning aboveground storage
30 tanks and associated piping; however, municipalities may
31 enforce any of their zoning ordinances or zoning regulations
32 regarding aboveground tanks. The Office of the State Fire
33 Marshal may issue an administrative order to any owner of an
34 aboveground storage tank and associated piping it reasonably
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1 believes to be in violation of such rules and regulations to
2 remedy or remove any such violation. Such an order shall be
3 served by registered or certified mail or in person. Any
4 person served with such an order may appeal such order by
5 submitting in writing any such appeal to the Office within 10
6 days of the date of receipt of such order. The Office shall
7 conduct an administrative hearing governed by the Illinois
8 Administrative Procedure Act and enter an order to sustain,
9 modify or revoke such order. Any appeal from such order
10 shall be to the circuit court of the county in which the
11 violation took place and shall be governed by the
12 Administrative Review Law.
13 (Source: P.A. 88-45; 89-161, eff. 7-19-95.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.