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Public Act 100-0299


 

Public Act 0299 100TH GENERAL ASSEMBLY



 


 
Public Act 100-0299
 
HB0513 EnrolledLRB100 07000 MJP 17054 b

    AN ACT concerning public safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Gasoline Storage Act is amended by changing
Section 2 as follows:
 
    (430 ILCS 15/2)  (from Ch. 127 1/2, par. 154)
    Sec. 2. Jurisdiction; regulation of tanks.
    (1) (a) Except as otherwise provided in this Act, the
jurisdiction of the Office of the State Fire Marshal under this
Act shall be concurrent with that of municipalities and other
political subdivisions. The Office of the State Fire Marshal
has power to promulgate, pursuant to the Illinois
Administrative Procedure Act, reasonable rules and regulations
governing the keeping, storage, transportation, sale or use of
gasoline and volatile oils. Nothing in this Act shall relieve
any person, corporation, or other entity from complying with
any zoning ordinance of a municipality or home rule unit
enacted pursuant to Section 11-13-1 of the Illinois Municipal
Code or any ordinance enacted pursuant to Section 11-8-4 of the
Illinois Municipal Code.
    (b) The rulemaking power shall include the power to
promulgate rules providing for the issuance and revocation of
permits allowing the self service dispensing of motor fuels as
such term is defined in the Motor Fuel Tax Law in retail
service stations or any other place of business where motor
fuels are dispensed into the fuel tanks of motor vehicles,
internal combustion engines or portable containers. Such rules
shall specify the requirements that must be met both prior and
subsequent to the issuance of such permits in order to insure
the safety and welfare of the general public. The operation of
such service stations without a permit shall be unlawful. The
Office of the State Fire Marshal shall revoke such permit if
the self service operation of such a service station is found
to pose a significant risk to the safety and welfare of the
general public.
    (c) However, except in any county with a population of
1,000,000 or more, the Office of the State Fire Marshal shall
not have the authority to prohibit the operation of a service
station solely on the basis that it is an unattended
self-service station which utilizes key or card operated
self-service motor fuel dispensing devices. Nothing in this
paragraph shall prohibit the Office of the State Fire Marshal
from adopting reasonable rules and regulations governing the
safety of self-service motor fuel dispensing devices.
    (d) The State Fire Marshal shall not prohibit the
dispensing or delivery of flammable or combustible motor
vehicle fuels directly into the fuel tanks of vehicles from
tank trucks, tank wagons, or other portable tanks. The State
Fire Marshal shall adopt rules (i) for the issuance of permits
for the dispensing of motor vehicle fuels in the manner
described in this paragraph (d), (ii) that establish fees for
permits and inspections, and provide for those fees to be
deposited into the Fire Prevention Fund, (iii) that require the
dispensing of motor fuel in the manner described in this
paragraph (d) to meet conditions consistent with nationally
recognized standards such as those of the National Fire
Protection Association, and (iv) that restrict the dispensing
of motor vehicle fuels in the manner described in this
paragraph (d) to the following:
        (A) agriculture sites for agricultural purposes; ,
        (B) construction sites for refueling construction
    equipment used at the construction site; ,
        (C) sites used for the parking, operation, or
    maintenance of a commercial vehicle fleet, but only if the
    site is located in a county with 3,000,000 or more
    inhabitants or a county contiguous to a county with
    3,000,000 or more inhabitants and the site is not normally
    accessible to the public; , and
        (D) sites used for the refueling of police, fire, or
    emergency medical services vehicles or other vehicles that
    are owned, leased, or operated by (or operated under
    contract with) the State, a unit of local government, or a
    school district, or any agency of the State and that are
    not normally accessible to the public; and .
        (E) any of the following sites permitted under the
    Environmental Protection Act, provided that the only
    refueling at the sites is limited to off-road vehicles and
    equipment used at and for the operation of the sites:
            (i) waste disposal sites;
            (ii) sanitary landfills; and
            (iii) municipal solid waste landfill units.
    (2) (a) The Office of the State Fire Marshal shall adopt
rules and regulations regarding underground storage tanks and
associated piping and no municipality or other political
subdivision shall adopt or enforce any ordinances or
regulations regarding such underground tanks and piping other
than those which are identical to the rules and regulations of
the Office of the State Fire Marshal. It is declared to be the
law of this State, pursuant to paragraphs (h) and (i) of
Section 6 of Article VII of the Illinois Constitution, that the
establishment and enforcement of standards regarding
underground storage tanks and associated piping within the
jurisdiction of the Office of the State Fire Marshal is an
exclusive State function which may not be exercised
concurrently by a home rule unit except as expressly permitted
in this Act.
    (b) The Office of the State Fire Marshal may enter into
written contracts with municipalities of over 500,000 in
population to enforce the rules and regulations adopted under
this subsection.
    (3) (a) The Office of the State Fire Marshal shall have
authority over underground storage tanks which contain, have
contained, or are designed to contain petroleum, hazardous
substances and regulated substances as those terms are used in
Subtitle I of the Hazardous and Solid Waste Amendments of 1984
(P.L. 98-616), as amended by the Superfund Amendments and
Reauthorization Act of 1986 (P.L. 99-499). The Office shall
have the power with regard to underground storage tanks to
require any person who tests, installs, repairs, replaces,
relines, or removes any underground storage tank system
containing, formerly containing, or which is designed to
contain petroleum or other regulated substances, to obtain a
permit to install, repair, replace, reline, or remove the
particular tank system, and to pay a fee set by the Office for
a permit to install, repair, replace, reline, upgrade, test, or
remove any portion of an underground storage tank system. All
persons who do repairs above grade level for themselves need
not pay a fee or be certified. All fees received by the Office
from certification and permits shall be deposited in the Fire
Prevention Fund for the exclusive use of the Office in
administering the Underground Storage Tank program.
    (b) (i) Within 120 days after the promulgation of
regulations or amendments thereto by the Administrator of the
United States Environmental Protection Agency to implement
Section 9003 of Subtitle I of the Hazardous and Solid Waste
Amendments of 1984 (P.L. 98-616) of the Resource Conservation
and Recovery Act of 1976 (P.L. 94-580), as amended, the Office
of the State Fire Marshal shall adopt regulations or amendments
thereto which are identical in substance. The rulemaking
provisions of Section 5-35 of the Illinois Administrative
Procedure Act shall not apply to regulations or amendments
thereto adopted pursuant to this subparagraph (i).
    (ii) The Office of the State Fire Marshal may adopt
additional regulations relating to an underground storage tank
program that are not inconsistent with and at least as
stringent as Section 9003 of Subtitle I of the Hazardous and
Solid Waste Amendments of 1984 (P.L. 98-616) of the Resource
Conservation and Recovery Act of 1976 (P.L. 94-580), as
amended, or regulations adopted thereunder. Except as provided
otherwise in subparagraph (i) of this paragraph (b), the Office
of the State Fire Marshal shall not adopt regulations relating
to corrective action at underground storage tanks. Regulations
adopted pursuant to this subsection shall be adopted in
accordance with the procedures for rulemaking in Section 5-35
of the Illinois Administrative Procedure Act.
    (c) The Office of the State Fire Marshal shall require any
person, corporation or other entity who tests an underground
tank or its piping or cathodic protection for another to report
the results of such test to the Office.
    (d) In accordance with constitutional limitations, the
Office shall have authority to enter at all reasonable times
upon any private or public property for the purpose of:
        (i) Inspecting and investigating to ascertain possible
    violations of this Act, of regulations thereunder or of
    permits or terms or conditions thereof; or
        (ii) In accordance with the provisions of this Act,
    taking whatever emergency action, that is necessary or
    appropriate, to assure that the public health or safety is
    not threatened whenever there is a release or a substantial
    threat of a release of petroleum or a regulated substance
    from an underground storage tank.
    (e) The Office of the State Fire Marshal may issue an
Administrative Order to any person who it reasonably believes
has violated the rules and regulations governing underground
storage tanks, including the installation, repair, leak
detection, cathodic protection tank testing, removal or
release notification. Such an order shall be served by
registered or certified mail or in person. Any person served
with such an order may appeal such order by submitting in
writing any such appeal to the Office within 10 days of the
date of receipt of such order. The Office shall conduct an
administrative hearing governed by the Illinois Administrative
Procedure Act and enter an order to sustain, modify or revoke
such order. Any appeal from such order shall be to the circuit
court of the county in which the violation took place and shall
be governed by the Administrative Review Law.
    (f) The Office of the State Fire Marshal shall not require
the removal of an underground tank system taken out of
operation before January 2, 1974, except in the case in which
the office of the State Fire Marshal has determined that a
release from the underground tank system poses a current or
potential threat to human health and the environment. In that
case, and upon receipt of an Order from the Office of the State
Fire Marshal, the owner or operator of the nonoperational
underground tank system shall assess the excavation zone and
close the system in accordance with regulations promulgated by
the Office of the State Fire Marshal.
    (4) (a) The Office of the State Fire Marshal shall adopt
rules and regulations regarding aboveground storage tanks and
associated piping and no municipality or other political
subdivision shall adopt or enforce any ordinances or
regulations regarding such aboveground tanks and piping other
than those which are identical to the rules and regulations of
the Office of the State Fire Marshal unless, in the interest of
fire safety, the Office of the State Fire Marshal delegates
such authority to municipalities, political subdivisions or
home rule units. It is declared to be the law of this State,
pursuant to paragraphs (h) and (i) of Section 6 of Article VII
of the Illinois Constitution, that the establishment of
standards regarding aboveground storage tanks and associated
piping within the jurisdiction of the Office of the State Fire
Marshal is an exclusive State function which may not be
exercised concurrently by a home rule unit except as expressly
permitted in this Act.
    (b) The Office of the State Fire Marshal shall enforce its
rules and regulations concerning aboveground storage tanks and
associated piping; however, municipalities may enforce any of
their zoning ordinances or zoning regulations regarding
aboveground tanks. The Office of the State Fire Marshal may
issue an administrative order to any owner of an aboveground
storage tank and associated piping it reasonably believes to be
in violation of such rules and regulations to remedy or remove
any such violation. Such an order shall be served by registered
or certified mail or in person. Any person served with such an
order may appeal such order by submitting in writing any such
appeal to the Office within 10 days of the date of receipt of
such order. The Office shall conduct an administrative hearing
governed by the Illinois Administrative Procedure Act and enter
an order to sustain, modify or revoke such order. Any appeal
from such order shall be to the circuit court of the county in
which the violation took place and shall be governed by the
Administrative Review Law.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/24/2017