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| [ Introduced ] | [ Enrolled ] | [ House Amendment 002 ] |
| [ Senate Amendment 001 ] |
91_HB3478eng HB3478 Engrossed LRB9111042ACmg 1 AN ACT in relation to motor fuel. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Motor Fuel Tax Law is amended by changing 5 Section 1.9 as follows: 6 (35 ILCS 505/1.9) (from Ch. 120, par. 417.9) 7 Sec. 1.9. "Sale" means, in addition to its ordinary 8 meaning, any exchange, gift or other disposition. In every 9 case where motor fuel is exchanged, given or otherwise 10 disposed of, it shall be deemed to have been sold. For 11 purposes of this Act, if motor fuel is dispensed from a tank 12 truck, tank wagon, or other portable tank directly into the 13 fuel tank of a motor vehicle, the sale shall be deemed to 14 occur at the location where the motor fuel is dispensed. 15 (Source: Laws 1961, p. 3653.) 16 Section 10. The Gasoline Storage Act is amended by 17 changing Section 2 as follows: 18 (430 ILCS 15/2) (from Ch. 127 1/2, par. 154) 19 Sec. 2. Jurisdiction; regulation of tanks. 20 (1) (a) Except as otherwise provided in this Act, the 21 jurisdiction of the Office of the State Fire Marshal under 22 this Act shall be concurrent with that of municipalities and 23 other political subdivisions. The Office of the State Fire 24 Marshal has power to promulgate, pursuant to the Illinois 25 Administrative Procedure Act, reasonable rules and 26 regulations governing the keeping, storage, transportation, 27 sale or use of gasoline and volatile oils, including rules 28 requiring that underground storage tank contractors file a 29 bond or a certificate of insurance with the State Fire HB3478 Engrossed -2- LRB9111042ACmg 1 Marshal, and rules governing the dismantling of abandoned 2 bulk storage plants. Nothing in this Act shall relieve any 3 person, corporation, or other entity from complying with any 4 zoning ordinance of a municipality or home rule unit enacted 5 pursuant to Section 11-13-1 of the Illinois Municipal Code or 6 any ordinance enacted pursuant to Section 11-8-4 of the 7 Illinois Municipal Code. 8 (b) The rulemaking power shall include the power to 9 promulgate rules providing for the issuance and revocation of 10 permits allowing the self service dispensing of motor fuels 11 as such term is defined in the Motor Fuel Tax Law in retail 12 service stations or any other place of business where motor 13 fuels are dispensed into the fuel tanks of motor vehicles, 14 internal combustion engines or portable containers. Such 15 rules shall specify the requirements that must be met both 16 prior and subsequent to the issuance of such permits in order 17 to insure the safety and welfare of the general public. The 18 operation of such service stations without a permit shall be 19 unlawful. The Office of the State Fire Marshal shall revoke 20 such permit if the self service operation of such a service 21 station is found to pose a significant risk to the safety and 22 welfare of the general public. 23 (c) However, except in any county with a population of 24 1,000,000 or more, the Office of the State Fire Marshal shall 25 not have the authority to prohibit the operation of a service 26 station solely on the basis that it is an unattended 27 self-service station which utilizes key or card operated 28 self-service motor fuel dispensing devices. Nothing in this 29 paragraph shall prohibit the Office of the State Fire Marshal 30 from adopting reasonable rules and regulations governing the 31 safety of self-service motor fuel dispensing devices. 32 (d) The State Fire Marshal shall not prohibit the 33 dispensing or delivery of flammable or combustible motor 34 vehicle fuels directly into the fuel tanks of vehicles from HB3478 Engrossed -3- LRB9111042ACmg 1 tank trucks, tank wagons, or other portable tanks. The State 2 Fire Marshal shall adopt rules (i) for the issuance of 3 permits for the dispensing of motor vehicle fuels in the 4 manner described in this paragraph (d), (ii) that establish 5 fees for permits and inspections, and provide for those fees 6 to be deposited into the Fire Prevention Fund, (iii) that 7 require the dispensing of motor fuel in the manner described 8 in this paragraph (d) to meet the conditions set forth in 9 Section 8-3 and subsections (b) through (g) of Section 4 of 10 National Fire Protection Standard 30-A, "Automotive and 11 Marine Service Station Code" (1987 edition), (iv) that 12 require the motor fuel dispensed from the tank truck, tank 13 wagon, or portable tank to be purchased from a fuel supplier 14 or fuel retailer licensed under this Act who has paid the tax 15 on the fuel sold, (v) that require payment of all local taxes 16 applicable at the point of delivery, and (vi) that restrict 17 the dispensing of motor vehicle fuels in the manner described 18 in this paragraph (d) to the following: 19 (A) agriculture sites for agricultural purposes, 20 (B) construction sites for refueling construction 21 equipment used at the construction site, 22 (C) sites used for the parking, operation, or 23 maintenance of a commercial vehicle fleet, but only if 24 the site is located in a county with 3,000,000 or more 25 inhabitants or a county contiguous to a county with 26 3,000,000 or more inhabitants and the site is not 27 normally accessible to the public, and 28 (D) the refueling of police, fire, or emergency 29 medical services vehicles or other vehicles that are 30 owned, leased, or operated by (or operated under contract 31 with) the State, a unit of local government, or a school 32 district, or any agency of the State, a unit of local 33 government, or a school district. 34 (2) (a) The Office of the State Fire Marshal shall adopt HB3478 Engrossed -4- LRB9111042ACmg 1 rules and regulations regarding underground storage tanks and 2 associated piping and no municipality or other political 3 subdivision shall adopt or enforce any ordinances or 4 regulations regarding such underground tanks and piping other 5 than those which are identical to the rules and regulations 6 of the Office of the State Fire Marshal. It is declared to 7 be the law of this State, pursuant to paragraphs (h) and (i) 8 of Section 6 of Article VII of the Illinois Constitution, 9 that the establishment and enforcement of standards regarding 10 underground storage tanks and associated piping within the 11 jurisdiction of the Office of the State Fire Marshal is an 12 exclusive State function which may not be exercised 13 concurrently by a home rule unit except as expressly 14 permitted in this Act. 15 (b) The Office of the State Fire Marshal may enter into 16 written contracts with municipalities of over 500,000 in 17 population to enforce the rules and regulations adopted under 18 this subsection. 19 (3) (a) The Office of the State Fire Marshal shall have 20 authority over underground storage tanks which contain, have 21 contained, or are designed to contain petroleum, hazardous 22 substances and regulated substances as those terms are used 23 in Subtitle I of the Hazardous and Solid Waste Amendments of 24 1984 (P.L. 98-616), as amended by the Superfund Amendments 25 and Reauthorization Act of 1986 (P.L. 99-499). The Office 26 shall have the power with regard to underground storage tanks 27 to require any person who tests, installs, repairs, replaces, 28 relines, or removes any underground storage tank system 29 containing, formerly containing, or which is designed to 30 contain petroleum or other regulated substances to be 31 certified to perform that activity, to obtain a permit to 32 install, repair, replace, reline, or remove the particular 33 tank system, to pay an annual certification fee of $100 per 34 year, and to pay a fee of $100 per site for a permit to HB3478 Engrossed -5- LRB9111042ACmg 1 install, repair, replace, reline, or remove any underground 2 storage tank system. All persons who do repairs above grade 3 level for themselves need not pay a fee or be certified. All 4 fees received by the Office from certification and permits 5 shall be deposited in the Fire Prevention Fund for the 6 exclusive use of the Office in administering the Underground 7 Storage Tank program. 8 (b) (i) Within 120 days after the promulgation of 9 regulations or amendments thereto by the Administrator of the 10 United States Environmental Protection Agency to implement 11 Section 9003 of Subtitle I of the Hazardous and Solid Waste 12 Amendments of 1984 (P.L. 98-616) of the Resource Conservation 13 and Recovery Act of 1976 (P.L. 95-580), as amended, the 14 Office of the State Fire Marshal shall adopt regulations or 15 amendments thereto which are identical in substance. The 16 rulemaking provisions of Section 5-35 of the Illinois 17 Administrative Procedure Act shall not apply to regulations 18 or amendments thereto adopted pursuant to this subparagraph 19 (i). 20 (ii) The Office of the State Fire Marshal may adopt 21 additional regulations relating to an underground storage 22 tank program that are not inconsistent with and at least as 23 stringent as Section 9003 of Subtitle I of the Hazardous and 24 Solid Waste Amendments of 1984 (P.L. 98-616) of the Resource 25 Conservation and Recovery Act of 1976 (P.L. 94-580), as 26 amended, or regulations adopted thereunder. Except as 27 provided otherwise in subparagraph (i) of this paragraph (b), 28 the Office of the State Fire Marshal shall not adopt 29 regulations relating to corrective action at underground 30 storage tanks. Regulations adopted pursuant to this 31 subsection shall be adopted in accordance with the procedures 32 for rulemaking in Section 5-35 of the Illinois Administrative 33 Procedure Act. 34 (c) The Office of the State Fire Marshal shall require HB3478 Engrossed -6- LRB9111042ACmg 1 any person, corporation or other entity who tests an 2 underground tank or its piping or cathodic protection for 3 another, except a lessor for his or her lessee, to register 4 with the Office, and pay an annual registration fee of $100, 5 to be deposited in the Fire Prevention Fund, and report the 6 results of such test to the Office. 7 (d) In accordance with constitutional limitations, the 8 Office shall have authority to enter at all reasonable times 9 upon any private or public property for the purpose of: 10 (i) Inspecting and investigating to ascertain 11 possible violations of this Act, of regulations 12 thereunder or of permits or terms or conditions thereof; 13 or 14 (ii) In accordance with the provisions of this Act, 15 taking whatever emergency action, that is necessary or 16 appropriate, to assure that the public health or safety 17 is not threatened whenever there is a release or a 18 substantial threat of a release of petroleum or a 19 regulated substance from an underground storage tank. 20 (e) The Office of the State Fire Marshal may issue an 21 Administrative Order to any person who it reasonably believes 22 has violated the rules and regulations governing underground 23 storage tanks, including the installation, repair, leak 24 detection, cathodic protection tank testing, removal or 25 release notification. Such an order shall be served by 26 registered or certified mail or in person. Any person served 27 with such an order may appeal such order by submitting in 28 writing any such appeal to the Office within 10 days of the 29 date of receipt of such order. The Office shall conduct an 30 administrative hearing governed by the Illinois 31 Administrative Procedure Act and enter an order to sustain, 32 modify or revoke such order. Any appeal from such order shall 33 be to the circuit court of the county in which the violation 34 took place and shall be governed by the Administrative Review HB3478 Engrossed -7- LRB9111042ACmg 1 Law. 2 (f) The Office of the State Fire Marshal shall not 3 require the removal of an underground tank system taken out 4 of operation before January 2, 1974, except in the case in 5 which the office of the State Fire Marshal has determined 6 that a release from the underground tank system poses a 7 current or potential threat to human health and the 8 environment. In that case, and upon receipt of an Order from 9 the Office of the State Fire Marshal, the owner or operator 10 of the nonoperational underground tank system shall assess 11 the excavation zone and close the system in accordance with 12 regulations promulgated by the Office of the State Fire 13 Marshal. 14 (4) (a) The Office of the State Fire Marshal shall adopt 15 rules and regulations regarding aboveground storage tanks and 16 associated piping and no municipality or other political 17 subdivision shall adopt or enforce any ordinances or 18 regulations regarding such aboveground tanks and piping other 19 than those which are identical to the rules and regulations 20 of the Office of the State Fire Marshal unless, in the 21 interest of fire safety, the Office of the State Fire Marshal 22 delegates such authority to municipalities, political 23 subdivisions or home rule units. It is declared to be the 24 law of this State, pursuant to paragraphs (h) and (i) of 25 Section 6 of Article VII of the Illinois Constitution, that 26 the establishment of standards regarding aboveground storage 27 tanks and associated piping within the jurisdiction of the 28 Office of the State Fire Marshal is an exclusive State 29 function which may not be exercised concurrently by a home 30 rule unit except as expressly permitted in this Act. 31 (b) The Office of the State Fire Marshal shall enforce 32 its rules and regulations concerning aboveground storage 33 tanks and associated piping; however, municipalities may 34 enforce any of their zoning ordinances or zoning regulations HB3478 Engrossed -8- LRB9111042ACmg 1 regarding aboveground tanks. The Office of the State Fire 2 Marshal may issue an administrative order to any owner of an 3 aboveground storage tank and associated piping it reasonably 4 believes to be in violation of such rules and regulations to 5 remedy or remove any such violation. Such an order shall be 6 served by registered or certified mail or in person. Any 7 person served with such an order may appeal such order by 8 submitting in writing any such appeal to the Office within 10 9 days of the date of receipt of such order. The Office shall 10 conduct an administrative hearing governed by the Illinois 11 Administrative Procedure Act and enter an order to sustain, 12 modify or revoke such order. Any appeal from such order 13 shall be to the circuit court of the county in which the 14 violation took place and shall be governed by the 15 Administrative Review Law. 16 (Source: P.A. 88-45; 89-161, eff. 7-19-95.)