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| [ Senate Amendment 001 ] |
91_HB3478ham002
LRB9111042EGfgam03
1 AMENDMENT TO HOUSE BILL 3478
2 AMENDMENT NO. . Amend House Bill 3478 by replacing
3 the title with the following:
4 "AN ACT in relation to motor fuel."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Motor Fuel Tax Law is amended by changing
8 Section 1.9 as follows:
9 (35 ILCS 505/1.9) (from Ch. 120, par. 417.9)
10 Sec. 1.9. "Sale" means, in addition to its ordinary
11 meaning, any exchange, gift or other disposition. In every
12 case where motor fuel is exchanged, given or otherwise
13 disposed of, it shall be deemed to have been sold. For
14 purposes of this Act, if motor fuel is dispensed from a tank
15 truck, tank wagon, or other portable tank directly into the
16 fuel tank of a motor vehicle, the sale shall be deemed to
17 occur at the location where the motor fuel is dispensed.
18 (Source: Laws 1961, p. 3653.)
19 Section 10. The Gasoline Storage Act is amended by
20 changing Section 2 as follows:
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1 (430 ILCS 15/2) (from Ch. 127 1/2, par. 154)
2 Sec. 2. Jurisdiction; regulation of tanks.
3 (1) (a) Except as otherwise provided in this Act, the
4 jurisdiction of the Office of the State Fire Marshal under
5 this Act shall be concurrent with that of municipalities and
6 other political subdivisions. The Office of the State Fire
7 Marshal has power to promulgate, pursuant to the Illinois
8 Administrative Procedure Act, reasonable rules and
9 regulations governing the keeping, storage, transportation,
10 sale or use of gasoline and volatile oils, including rules
11 requiring that underground storage tank contractors file a
12 bond or a certificate of insurance with the State Fire
13 Marshal, and rules governing the dismantling of abandoned
14 bulk storage plants. Nothing in this Act shall relieve any
15 person, corporation, or other entity from complying with any
16 zoning ordinance of a municipality or home rule unit enacted
17 pursuant to Section 11-13-1 of the Illinois Municipal Code or
18 any ordinance enacted pursuant to Section 11-8-4 of the
19 Illinois Municipal Code.
20 (b) The rulemaking power shall include the power to
21 promulgate rules providing for the issuance and revocation of
22 permits allowing the self service dispensing of motor fuels
23 as such term is defined in the Motor Fuel Tax Law in retail
24 service stations or any other place of business where motor
25 fuels are dispensed into the fuel tanks of motor vehicles,
26 internal combustion engines or portable containers. Such
27 rules shall specify the requirements that must be met both
28 prior and subsequent to the issuance of such permits in order
29 to insure the safety and welfare of the general public. The
30 operation of such service stations without a permit shall be
31 unlawful. The Office of the State Fire Marshal shall revoke
32 such permit if the self service operation of such a service
33 station is found to pose a significant risk to the safety and
34 welfare of the general public.
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1 (c) However, except in any county with a population of
2 1,000,000 or more, the Office of the State Fire Marshal shall
3 not have the authority to prohibit the operation of a service
4 station solely on the basis that it is an unattended
5 self-service station which utilizes key or card operated
6 self-service motor fuel dispensing devices. Nothing in this
7 paragraph shall prohibit the Office of the State Fire Marshal
8 from adopting reasonable rules and regulations governing the
9 safety of self-service motor fuel dispensing devices.
10 (d) The State Fire Marshal shall not prohibit the
11 dispensing or delivery of flammable or combustible motor
12 vehicle fuels directly into the fuel tanks of vehicles from
13 tank trucks, tank wagons, or other portable tanks. The State
14 Fire Marshal shall adopt rules (i) for the issuance of
15 permits for the dispensing of motor vehicle fuels in the
16 manner described in this paragraph (d), (ii) that establish
17 fees for permits and inspections, and provide for those fees
18 to be deposited into the Fire Prevention Fund, (iii) that
19 require the dispensing of motor fuel in the manner described
20 in this paragraph (d) to meet the conditions set forth in
21 Section 8-3 and subsections (b) through (g) of Section 4 of
22 National Fire Protection Standard 30-A, "Automotive and
23 Marine Service Station Code" (1987 edition), (iv) that
24 require the motor fuel dispensed from the tank truck, tank
25 wagon, or portable tank to be purchased from a fuel supplier
26 or fuel retailer licensed under this Act who has paid the tax
27 on the fuel sold, (v) that require payment of all local taxes
28 applicable at the point of delivery, and (vi) that restrict
29 the dispensing of motor vehicle fuels in the manner described
30 in this paragraph (d) to the following:
31 (A) agriculture sites for agricultural purposes,
32 (B) construction sites for refueling construction
33 equipment used at the construction site,
34 (C) sites used for the parking, operation, or
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1 maintenance of a commercial vehicle fleet, but only if
2 the site is located in a county with 3,000,000 or more
3 inhabitants or a county contiguous to a county with
4 3,000,000 or more inhabitants and the site is not
5 normally accessible to the public, and
6 (D) the refueling of police, fire, or emergency
7 medical services vehicles or other vehicles that are
8 owned, leased, or operated by (or operated under contract
9 with) the State, a unit of local government, or a school
10 district, or any agency of the State, a unit of local
11 government, or a school district.
12 (2) (a) The Office of the State Fire Marshal shall adopt
13 rules and regulations regarding underground storage tanks and
14 associated piping and no municipality or other political
15 subdivision shall adopt or enforce any ordinances or
16 regulations regarding such underground tanks and piping other
17 than those which are identical to the rules and regulations
18 of the Office of the State Fire Marshal. It is declared to
19 be the law of this State, pursuant to paragraphs (h) and (i)
20 of Section 6 of Article VII of the Illinois Constitution,
21 that the establishment and enforcement of standards regarding
22 underground storage tanks and associated piping within the
23 jurisdiction of the Office of the State Fire Marshal is an
24 exclusive State function which may not be exercised
25 concurrently by a home rule unit except as expressly
26 permitted in this Act.
27 (b) The Office of the State Fire Marshal may enter into
28 written contracts with municipalities of over 500,000 in
29 population to enforce the rules and regulations adopted under
30 this subsection.
31 (3) (a) The Office of the State Fire Marshal shall have
32 authority over underground storage tanks which contain, have
33 contained, or are designed to contain petroleum, hazardous
34 substances and regulated substances as those terms are used
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1 in Subtitle I of the Hazardous and Solid Waste Amendments of
2 1984 (P.L. 98-616), as amended by the Superfund Amendments
3 and Reauthorization Act of 1986 (P.L. 99-499). The Office
4 shall have the power with regard to underground storage tanks
5 to require any person who tests, installs, repairs, replaces,
6 relines, or removes any underground storage tank system
7 containing, formerly containing, or which is designed to
8 contain petroleum or other regulated substances to be
9 certified to perform that activity, to obtain a permit to
10 install, repair, replace, reline, or remove the particular
11 tank system, to pay an annual certification fee of $100 per
12 year, and to pay a fee of $100 per site for a permit to
13 install, repair, replace, reline, or remove any underground
14 storage tank system. All persons who do repairs above grade
15 level for themselves need not pay a fee or be certified. All
16 fees received by the Office from certification and permits
17 shall be deposited in the Fire Prevention Fund for the
18 exclusive use of the Office in administering the Underground
19 Storage Tank program.
20 (b) (i) Within 120 days after the promulgation of
21 regulations or amendments thereto by the Administrator of the
22 United States Environmental Protection Agency to implement
23 Section 9003 of Subtitle I of the Hazardous and Solid Waste
24 Amendments of 1984 (P.L. 98-616) of the Resource Conservation
25 and Recovery Act of 1976 (P.L. 95-580), as amended, the
26 Office of the State Fire Marshal shall adopt regulations or
27 amendments thereto which are identical in substance. The
28 rulemaking provisions of Section 5-35 of the Illinois
29 Administrative Procedure Act shall not apply to regulations
30 or amendments thereto adopted pursuant to this subparagraph
31 (i).
32 (ii) The Office of the State Fire Marshal may adopt
33 additional regulations relating to an underground storage
34 tank program that are not inconsistent with and at least as
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1 stringent as Section 9003 of Subtitle I of the Hazardous and
2 Solid Waste Amendments of 1984 (P.L. 98-616) of the Resource
3 Conservation and Recovery Act of 1976 (P.L. 94-580), as
4 amended, or regulations adopted thereunder. Except as
5 provided otherwise in subparagraph (i) of this paragraph (b),
6 the Office of the State Fire Marshal shall not adopt
7 regulations relating to corrective action at underground
8 storage tanks. Regulations adopted pursuant to this
9 subsection shall be adopted in accordance with the procedures
10 for rulemaking in Section 5-35 of the Illinois Administrative
11 Procedure Act.
12 (c) The Office of the State Fire Marshal shall require
13 any person, corporation or other entity who tests an
14 underground tank or its piping or cathodic protection for
15 another, except a lessor for his or her lessee, to register
16 with the Office, and pay an annual registration fee of $100,
17 to be deposited in the Fire Prevention Fund, and report the
18 results of such test to the Office.
19 (d) In accordance with constitutional limitations, the
20 Office shall have authority to enter at all reasonable times
21 upon any private or public property for the purpose of:
22 (i) Inspecting and investigating to ascertain
23 possible violations of this Act, of regulations
24 thereunder or of permits or terms or conditions thereof;
25 or
26 (ii) In accordance with the provisions of this Act,
27 taking whatever emergency action, that is necessary or
28 appropriate, to assure that the public health or safety
29 is not threatened whenever there is a release or a
30 substantial threat of a release of petroleum or a
31 regulated substance from an underground storage tank.
32 (e) The Office of the State Fire Marshal may issue an
33 Administrative Order to any person who it reasonably believes
34 has violated the rules and regulations governing underground
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1 storage tanks, including the installation, repair, leak
2 detection, cathodic protection tank testing, removal or
3 release notification. Such an order shall be served by
4 registered or certified mail or in person. Any person served
5 with such an order may appeal such order by submitting in
6 writing any such appeal to the Office within 10 days of the
7 date of receipt of such order. The Office shall conduct an
8 administrative hearing governed by the Illinois
9 Administrative Procedure Act and enter an order to sustain,
10 modify or revoke such order. Any appeal from such order shall
11 be to the circuit court of the county in which the violation
12 took place and shall be governed by the Administrative Review
13 Law.
14 (f) The Office of the State Fire Marshal shall not
15 require the removal of an underground tank system taken out
16 of operation before January 2, 1974, except in the case in
17 which the office of the State Fire Marshal has determined
18 that a release from the underground tank system poses a
19 current or potential threat to human health and the
20 environment. In that case, and upon receipt of an Order from
21 the Office of the State Fire Marshal, the owner or operator
22 of the nonoperational underground tank system shall assess
23 the excavation zone and close the system in accordance with
24 regulations promulgated by the Office of the State Fire
25 Marshal.
26 (4) (a) The Office of the State Fire Marshal shall adopt
27 rules and regulations regarding aboveground storage tanks and
28 associated piping and no municipality or other political
29 subdivision shall adopt or enforce any ordinances or
30 regulations regarding such aboveground tanks and piping other
31 than those which are identical to the rules and regulations
32 of the Office of the State Fire Marshal unless, in the
33 interest of fire safety, the Office of the State Fire Marshal
34 delegates such authority to municipalities, political
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1 subdivisions or home rule units. It is declared to be the
2 law of this State, pursuant to paragraphs (h) and (i) of
3 Section 6 of Article VII of the Illinois Constitution, that
4 the establishment of standards regarding aboveground storage
5 tanks and associated piping within the jurisdiction of the
6 Office of the State Fire Marshal is an exclusive State
7 function which may not be exercised concurrently by a home
8 rule unit except as expressly permitted in this Act.
9 (b) The Office of the State Fire Marshal shall enforce
10 its rules and regulations concerning aboveground storage
11 tanks and associated piping; however, municipalities may
12 enforce any of their zoning ordinances or zoning regulations
13 regarding aboveground tanks. The Office of the State Fire
14 Marshal may issue an administrative order to any owner of an
15 aboveground storage tank and associated piping it reasonably
16 believes to be in violation of such rules and regulations to
17 remedy or remove any such violation. Such an order shall be
18 served by registered or certified mail or in person. Any
19 person served with such an order may appeal such order by
20 submitting in writing any such appeal to the Office within 10
21 days of the date of receipt of such order. The Office shall
22 conduct an administrative hearing governed by the Illinois
23 Administrative Procedure Act and enter an order to sustain,
24 modify or revoke such order. Any appeal from such order
25 shall be to the circuit court of the county in which the
26 violation took place and shall be governed by the
27 Administrative Review Law.
28 (Source: P.A. 88-45; 89-161, eff. 7-19-95.)".