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91_HB3237
LRB9110182ACtmA
1 AN ACT regarding underground storage tanks.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Gasoline Storage Act is amended by adding
5 Section 2.5 as follows:
6 (430 ILCS 15/2.5 new)
7 Sec. 2.5. Administrative citations.
8 (a) The Office of the State Fire Marshal shall have the
9 authority to impose the following citations on contractors
10 with regard to underground storage tank activity.
11 (1) A citation imposing a penalty of at least $500
12 but not more than $1,500 shall be issued for the
13 following violations:
14 (A) The excavation is not properly prepared to
15 ensure safe movement of materials and equipment.
16 (B) The contractor did not have a 40 hour
17 general site worker program.
18 (2) A citation of at least $1,000 but not more than
19 $2,500 shall be imposed for the following violations:
20 (A) Personnel disregarded established
21 checklist requirements.
22 (B) The exclusion zone around the work area
23 was not established or not properly maintained.
24 (C) No certified individual possesses a IFCI
25 identification card.
26 (3) A citation imposing a penalty of at least
27 $2,000 but not more than $3,000 shall be issued for the
28 following violations:
29 (A) The necessary equipment was not grounded
30 against a static charge.
31 (B) Failure to have proper monitoring
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1 equipment or the tank was not properly maintained.
2 (C) The equipment did not have sufficient
3 lifting capacity to perform the required work.
4 (D) Removal of liquids and residues from the
5 underground storage tank did not comply with the
6 requirements of 41 Ill. Adm. Code 170.670(b)(1).
7 (4) A citation imposing a penalty of $5,000 shall
8 be issued for the following violations:
9 (A) Permit was not obtained from the Office of
10 the State Fire Marshal, if a permit is necessary.
11 (B) Failure to follow the proper purging or
12 vapor freeing procedure.
13 (C) The installer, repairer, reliner, or
14 decommissioner of an underground storage tank is not
15 licensed with the Office of the State Fire Marshal.
16 (D) Work was performed without an Office of
17 the State Fire Marshal Inspector present, when
18 required by the permit.
19 (b) The Office of the State Fire Marshal may request
20 that the State's Attorney of the county in which the
21 violation occurred, or the Attorney General, institute
22 injunctive relief against the contractor for the violations
23 contained in paragraph (4) of subsection (a).
24 (c) When the Office of the State Fire Marshal Inspector
25 has found a violation listed in subsection (a) of this
26 Section, he or she shall serve the administrative citation
27 upon the contractor named in the citation or the contractor's
28 authorized agent for service of process by registered mail or
29 in person within 10 days after the date of the observed
30 violation.
31 (d) If the contractor named in the administrative
32 citation fails to petition the Office of the State Fire
33 Marshal for review within 60 days after the date of service,
34 the Office of the State Fire Marshal shall adopt a final
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1 order, which shall include the administrative citation and
2 findings of violation as alleged in the citation, and shall
3 impose the penalty specified in subsection (a) of this
4 Section.
5 (e) There is created an advisory board consisting of 2
6 representatives of the Office of the State Fire Marshal and
7 one representative of the Illinois Petroleum Equipment
8 Contractors Association, a successor association, or any
9 other statewide petroleum equipment contractor industry
10 organization. The Illinois Petroleum Equipment Contractors
11 Association, the successor association, or the statewide
12 petroleum equipment contractor industry organization shall
13 provide the Office of the State Fire Marshal with the name of
14 its designee by certified mail. The terms of the members of
15 the advisory board are for 2 years and until their successors
16 are appointed and qualified.
17 (f) If the person named in the administrative citation
18 petitions for review and the advisory board upholds the
19 citation, the contractor may appeal the citation to the
20 Pollution Control Board within 60 days after receipt of
21 notice of the State Fire Marshal's decision. If the person
22 named in the administrative citation fails to petition the
23 Pollution Control Board for review within 60 days after
24 receipt of notice of the State Fire Marshal's decision, the
25 Office of the State Fire Marshal shall adopt a final order,
26 which shall include the administrative citation and findings
27 of violation as alleged in the citation, and shall impose the
28 penalty specified in subsection (a) of this Section.
29 (g) If the contractor fails to pay the penalty imposed
30 by the final order within 30 days after receipt of the final
31 order, the State's Attorney of the county in which the
32 violation occurred, or the Attorney General, may, at the
33 request of the Office of the State Fire Marshal or on his or
34 her own motion, institute a civil action for injunctive
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1 relief against the contractor for failure to pay the civil
2 penalty.