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90_HB2668eng 415 ILCS 5/57.4 415 ILCS 5/57.4a new 415 ILCS 5/57.4b new 415 ILCS 5/57.4c new 415 ILCS 5/57.11 430 ILCS 15/4 from Ch. 127 1/2, par. 156 Amends the Petroleum Underground Storage Tank Title of the Environmental Protection Act to create the Underground Storage Tank Management Board to oversee the payment of claims under the Underground Storage Tank Fund. Provides for the competitive selection of a Program Administrator to handle the processing of claims and other tasks assigned by the Management Board. Amends the Gasoline Storage Act to provide that the Office of the State Fire Marshal shall administer the Underground Storage Tank Program in cooperation with the Management Board, in addition to the Environmental Protection Agency. Effective immediately. LRB9008765LDbdA HB2668 Engrossed LRB9008765LDbdA 1 AN ACT in relation to underground storage tanks, amending 2 named Acts. 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 adding 6 Section 3.5 and amending Section 7 as follows: 7 (430 ILCS 15/3.5 new) 8 Sec. 3.5. Underground Storage Tank Certification. 9 (a) For the purposes of this Section, "petroleum", 10 "petroleum product", "hazardous substance", and "regulated 11 substance" have the meanings ascribed to them in Subtitle I 12 of the Hazardous and Solid Waste Amendments of 1984 (42 13 U.S.C. Sec. 6901 et seq.), as amended by the Superfund 14 Amendments and Reauthorization Act of 1986 (42 U.S.C. Sec. 15 9601 et seq.). "Underground storage tank" has the meaning 16 ascribed to it in Section 4(e) of this Act. 17 (b) The Office of the State Fire Marshal shall certify 18 either that all underground storage tanks in a facility 19 comply or that one or more tanks in the facility do not 20 comply with the rules adopted by the Office of the State Fire 21 Marshal. The Office of the State Fire Marshal shall affix 22 evidence of compliance or noncompliance to the facility in 23 which the underground storage tank is located. 24 (c) Beginning December 22, 1998, no person, corporation, 25 unit of local government, firm, or other business entity or 26 political subdivision of the State shall knowingly deliver, 27 deposit, fill, or otherwise place any petroleum, petroleum 28 product, hazardous substance, or regulated substance into any 29 underground storage tank in a facility that: 30 (1) does not display evidence that its underground 31 storage tanks are in compliance with the rules of the HB2668 Engrossed -2- LRB9008765LDbdA 1 Office of the State Fire Marshal; or 2 (2) displays evidence that one or more of its 3 underground storage tanks are not in compliance with the 4 rules of the Office of the State Fire Marshal. 5 (d) The Office of the State Fire Marshal shall adopt 6 rules, which may include emergency rules, for certification, 7 evidence of compliance or noncompliance, and expiration 8 dates and intervals for reissuance. 9 (430 ILCS 15/7) (from Ch. 127 1/2, par. 159) 10 Sec. 7. (a) A violation of: 11 (1) paragraph (a) or (b) of subsection (3) of Section 2 12 of this Act is a business offense punishable by a fine of not 13 more than $10,000 per day; 14 (2) paragraph (c) of subsection (3) of Section 2 is a 15 petty offense punishable by a fine of not less than $100 nor 16 more than $500 per tank tested; 17 (3) Sections 4 and 5 of this Act is a business offense 18 punishable by a fine of not more than $10,000 per day; 19 (3.5) Section 3.5 of this Act is a business offense 20 punishable by fine of not more than $10,000 per offense; 21 (4) an administrative order as described in paragraph 22 (e) of subsection (3) of Section 2, paragraph (b) of 23 subsection (4) of Section 2 or subsection (c) of Section 6 24 after it has become final is a business offense punishable by 25 a fine of not less than $1,000 nor more than $25,000 per day; 26 (5) any other rule promulgated by the Office of the 27 State Fire Marshal is a business offense punishable by a fine 28 of not less than $100 nor more than $1,000 for each offense 29 or each day of continued violation. 30 (b) The State Fire Marshal may suspend or revoke the 31 registration of any person who has violated the rules of the 32 State Fire Marshal after notice and opportunity for an 33 Administrative hearing which shall be governed by the HB2668 Engrossed -3- LRB9008765LDbdA 1 Illinois Administrative Procedure Act. Any appeal from such 2 suspension or revocation shall be to the circuit court of the 3 county in which the hearing was held and be governed by the 4 Administrative Review Law. 5 (c) A civil action to recover such fines may be brought 6 by the Attorney General or the State's Attorney of the county 7 in which the violation occurred. 8 (d) Any monies received by the State under this Section 9 shall be deposited into the Underground Storage Tank Fund. 10 (Source: P.A. 87-323.) 11 Section 99. Effective date. This Act takes effect upon 12 becoming law.
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