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91_SB1375
LRB9110400ACmg
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
5 changing Section 2 as follows:
6 (430 ILCS 15/2) (from Ch. 127 1/2, par. 154)
7 Sec. 2. Jurisdiction; regulation of tanks.
8 (1) (a) Except as otherwise provided in this Act, the
9 jurisdiction of the Office of the State Fire Marshal under
10 this Act shall be concurrent with that of municipalities and
11 other political subdivisions. The Office of the State Fire
12 Marshal has power to promulgate, pursuant to the Illinois
13 Administrative Procedure Act, reasonable rules and
14 regulations governing the keeping, storage, transportation,
15 sale or use of gasoline and volatile oils, including rules
16 requiring that underground storage tank contractors file a
17 bond or a certificate of insurance with the State Fire
18 Marshal, and rules governing the dismantling of abandoned
19 bulk storage plants. Nothing in this Act shall relieve any
20 person, corporation, or other entity from complying with any
21 zoning ordinance of a municipality or home rule unit enacted
22 pursuant to Section 11-13-1 of the Illinois Municipal Code or
23 any ordinance enacted pursuant to Section 11-8-4 of the
24 Illinois Municipal Code.
25 (b) The rulemaking power shall include the power to
26 promulgate rules providing for the issuance and revocation of
27 permits allowing the self service dispensing of motor fuels
28 as such term is defined in the Motor Fuel Tax Law in retail
29 service stations or any other place of business where motor
30 fuels are dispensed into the fuel tanks of motor vehicles,
31 internal combustion engines or portable containers. Such
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1 rules shall specify the requirements that must be met both
2 prior and subsequent to the issuance of such permits in order
3 to insure the safety and welfare of the general public. The
4 operation of such service stations without a permit shall be
5 unlawful. The Office of the State Fire Marshal shall revoke
6 such permit if the self service operation of such a service
7 station is found to pose a significant risk to the safety and
8 welfare of the general public.
9 (c) However, except in any county with a population of
10 1,000,000 or more, the Office of the State Fire Marshal shall
11 not have the authority to prohibit the operation of a service
12 station solely on the basis that it is an unattended
13 self-service station which utilizes key or card operated
14 self-service motor fuel dispensing devices. Nothing in this
15 paragraph shall prohibit the Office of the State Fire Marshal
16 from adopting reasonable rules and regulations governing the
17 safety of self-service motor fuel dispensing devices.
18 (2) (a) The Office of the State Fire Marshal shall adopt
19 rules and regulations regarding underground storage tanks and
20 associated piping and no municipality or other political
21 subdivision shall adopt or enforce any ordinances or
22 regulations regarding such underground tanks and piping other
23 than those which are identical to the rules and regulations
24 of the Office of the State Fire Marshal, except that a
25 municipality or other political subdivision may adopt and
26 enforce ordinances and regulations that are more stringent
27 than the rules and regulations of the Office of the State
28 Fire Marshal with respect to the removal of underground
29 storage tanks only. It is declared to be the law of this
30 State, pursuant to paragraphs (h) and (i) of Section 6 of
31 Article VII of the Illinois Constitution, that the
32 establishment and enforcement of standards regarding
33 underground storage tanks and associated piping within the
34 jurisdiction of the Office of the State Fire Marshal is an
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1 exclusive State function which may not be exercised
2 concurrently by a home rule unit except as expressly
3 permitted in this Act.
4 (b) The Office of the State Fire Marshal may enter into
5 written contracts with municipalities of over 500,000 in
6 population to enforce the rules and regulations adopted under
7 this subsection.
8 (3) (a) The Office of the State Fire Marshal shall have
9 authority over underground storage tanks which contain, have
10 contained, or are designed to contain petroleum, hazardous
11 substances and regulated substances as those terms are used
12 in Subtitle I of the Hazardous and Solid Waste Amendments of
13 1984 (P.L. 98-616), as amended by the Superfund Amendments
14 and Reauthorization Act of 1986 (P.L. 99-499). The Office
15 shall have the power with regard to underground storage tanks
16 to require any person who tests, installs, repairs, replaces,
17 relines, or removes any underground storage tank system
18 containing, formerly containing, or which is designed to
19 contain petroleum or other regulated substances to be
20 certified to perform that activity, to obtain a permit to
21 install, repair, replace, reline, or remove the particular
22 tank system, to pay an annual certification fee of $100 per
23 year, and to pay a fee of $100 per site for a permit to
24 install, repair, replace, reline, or remove any underground
25 storage tank system. All persons who do repairs above grade
26 level for themselves need not pay a fee or be certified. All
27 fees received by the Office from certification and permits
28 shall be deposited in the Fire Prevention Fund for the
29 exclusive use of the Office in administering the Underground
30 Storage Tank program.
31 (b) (i) Within 120 days after the promulgation of
32 regulations or amendments thereto by the Administrator of the
33 United States Environmental Protection Agency to implement
34 Section 9003 of Subtitle I of the Hazardous and Solid Waste
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1 Amendments of 1984 (P.L. 98-616) of the Resource Conservation
2 and Recovery Act of 1976 (P.L. 95-580), as amended, the
3 Office of the State Fire Marshal shall adopt regulations or
4 amendments thereto which are identical in substance. The
5 rulemaking provisions of Section 5-35 of the Illinois
6 Administrative Procedure Act shall not apply to regulations
7 or amendments thereto adopted pursuant to this subparagraph
8 (i).
9 (ii) The Office of the State Fire Marshal may adopt
10 additional regulations relating to an underground storage
11 tank program that are not inconsistent with and at least as
12 stringent as Section 9003 of Subtitle I of the Hazardous and
13 Solid Waste Amendments of 1984 (P.L. 98-616) of the Resource
14 Conservation and Recovery Act of 1976 (P.L. 94-580), as
15 amended, or regulations adopted thereunder. Except as
16 provided otherwise in subparagraph (i) of this paragraph (b),
17 the Office of the State Fire Marshal shall not adopt
18 regulations relating to corrective action at underground
19 storage tanks. Regulations adopted pursuant to this
20 subsection shall be adopted in accordance with the procedures
21 for rulemaking in Section 5-35 of the Illinois Administrative
22 Procedure Act.
23 (c) The Office of the State Fire Marshal shall require
24 any person, corporation or other entity who tests an
25 underground tank or its piping or cathodic protection for
26 another, except a lessor for his or her lessee, to register
27 with the Office, and pay an annual registration fee of $100,
28 to be deposited in the Fire Prevention Fund, and report the
29 results of such test to the Office.
30 (d) In accordance with constitutional limitations, the
31 Office shall have authority to enter at all reasonable times
32 upon any private or public property for the purpose of:
33 (i) Inspecting and investigating to ascertain
34 possible violations of this Act, of regulations
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1 thereunder or of permits or terms or conditions thereof;
2 or
3 (ii) In accordance with the provisions of this Act,
4 taking whatever emergency action, that is necessary or
5 appropriate, to assure that the public health or safety
6 is not threatened whenever there is a release or a
7 substantial threat of a release of petroleum or a
8 regulated substance from an underground storage tank.
9 (e) The Office of the State Fire Marshal may issue an
10 Administrative Order to any person who it reasonably believes
11 has violated the rules and regulations governing underground
12 storage tanks, including the installation, repair, leak
13 detection, cathodic protection tank testing, removal or
14 release notification. Such an order shall be served by
15 registered or certified mail or in person. Any person served
16 with such an order may appeal such order by submitting in
17 writing any such appeal to the Office within 10 days of the
18 date of receipt of such order. The Office shall conduct an
19 administrative hearing governed by the Illinois
20 Administrative Procedure Act and enter an order to sustain,
21 modify or revoke such order. Any appeal from such order shall
22 be to the circuit court of the county in which the violation
23 took place and shall be governed by the Administrative Review
24 Law.
25 (f) The Office of the State Fire Marshal shall not
26 require the removal of an underground tank system taken out
27 of operation before January 2, 1974, except in the case in
28 which the office of the State Fire Marshal has determined
29 that a release from the underground tank system poses a
30 current or potential threat to human health and the
31 environment. In that case, and upon receipt of an Order from
32 the Office of the State Fire Marshal, the owner or operator
33 of the nonoperational underground tank system shall assess
34 the excavation zone and close the system in accordance with
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1 regulations promulgated by the Office of the State Fire
2 Marshal.
3 (4) (a) The Office of the State Fire Marshal shall adopt
4 rules and regulations regarding aboveground storage tanks and
5 associated piping and no municipality or other political
6 subdivision shall adopt or enforce any ordinances or
7 regulations regarding such aboveground tanks and piping other
8 than those which are identical to the rules and regulations
9 of the Office of the State Fire Marshal unless, in the
10 interest of fire safety, the Office of the State Fire Marshal
11 delegates such authority to municipalities, political
12 subdivisions or home rule units. It is declared to be the
13 law of this State, pursuant to paragraphs (h) and (i) of
14 Section 6 of Article VII of the Illinois Constitution, that
15 the establishment of standards regarding aboveground storage
16 tanks and associated piping within the jurisdiction of the
17 Office of the State Fire Marshal is an exclusive State
18 function which may not be exercised concurrently by a home
19 rule unit except as expressly permitted in this Act.
20 (b) The Office of the State Fire Marshal shall enforce
21 its rules and regulations concerning aboveground storage
22 tanks and associated piping; however, municipalities may
23 enforce any of their zoning ordinances or zoning regulations
24 regarding aboveground tanks. The Office of the State Fire
25 Marshal may issue an administrative order to any owner of an
26 aboveground storage tank and associated piping it reasonably
27 believes to be in violation of such rules and regulations to
28 remedy or remove any such violation. Such an order shall be
29 served by registered or certified mail or in person. Any
30 person served with such an order may appeal such order by
31 submitting in writing any such appeal to the Office within 10
32 days of the date of receipt of such order. The Office shall
33 conduct an administrative hearing governed by the Illinois
34 Administrative Procedure Act and enter an order to sustain,
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1 modify or revoke such order. Any appeal from such order
2 shall be to the circuit court of the county in which the
3 violation took place and shall be governed by the
4 Administrative Review Law.
5 (Source: P.A. 88-45; 89-161, eff. 7-19-95.)