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Public Act 91-0851
HB3478 Enrolled LRB9111042ACmg
AN ACT in relation to motor fuel.
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, including rules
requiring that underground storage tank contractors file a
bond or a certificate of insurance with the State Fire
Marshal, and rules governing the dismantling of abandoned
bulk storage plants. 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.
(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 be
certified to perform that activity, to obtain a permit to
install, repair, replace, reline, or remove the particular
tank system, to pay an annual certification fee of $100 per
year, and to pay a fee of $100 per site for a permit to
install, repair, replace, reline, or remove any 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. 95-580), 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, except a lessor for his or her lessee, to register
with the Office, and pay an annual registration fee of $100,
to be deposited in the Fire Prevention Fund, and 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. 88-45; 89-161, eff. 7-19-95.)
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