100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0513

 

Introduced , by Rep. Avery Bourne

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 15/2  from Ch. 127 1/2, par. 154

    Amends the Gasoline Storage Act. Removes the county population limitation for the issuance of permits for 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 for sites used for the parking, operation, or maintenance of a commercial vehicle fleet. Effective immediately.


LRB100 07000 MJP 17054 b

 

 

A BILL FOR

 

HB0513LRB100 07000 MJP 17054 b

1    AN ACT concerning public safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Gasoline Storage Act is amended by changing
5Section 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
9jurisdiction of the Office of the State Fire Marshal under this
10Act shall be concurrent with that of municipalities and other
11political subdivisions. The Office of the State Fire Marshal
12has power to promulgate, pursuant to the Illinois
13Administrative Procedure Act, reasonable rules and regulations
14governing the keeping, storage, transportation, sale or use of
15gasoline and volatile oils. Nothing in this Act shall relieve
16any person, corporation, or other entity from complying with
17any zoning ordinance of a municipality or home rule unit
18enacted pursuant to Section 11-13-1 of the Illinois Municipal
19Code or any ordinance enacted pursuant to Section 11-8-4 of the
20Illinois Municipal Code.
21    (b) The rulemaking power shall include the power to
22promulgate rules providing for the issuance and revocation of
23permits allowing the self service dispensing of motor fuels as

 

 

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1such term is defined in the Motor Fuel Tax Law in retail
2service stations or any other place of business where motor
3fuels are dispensed into the fuel tanks of motor vehicles,
4internal combustion engines or portable containers. Such rules
5shall specify the requirements that must be met both prior and
6subsequent to the issuance of such permits in order to insure
7the safety and welfare of the general public. The operation of
8such service stations without a permit shall be unlawful. The
9Office of the State Fire Marshal shall revoke such permit if
10the self service operation of such a service station is found
11to pose a significant risk to the safety and welfare of the
12general public.
13    (c) However, except in any county with a population of
141,000,000 or more, the Office of the State Fire Marshal shall
15not have the authority to prohibit the operation of a service
16station solely on the basis that it is an unattended
17self-service station which utilizes key or card operated
18self-service motor fuel dispensing devices. Nothing in this
19paragraph shall prohibit the Office of the State Fire Marshal
20from adopting reasonable rules and regulations governing the
21safety of self-service motor fuel dispensing devices.
22    (d) The State Fire Marshal shall not prohibit the
23dispensing or delivery of flammable or combustible motor
24vehicle fuels directly into the fuel tanks of vehicles from
25tank trucks, tank wagons, or other portable tanks. The State
26Fire Marshal shall adopt rules (i) for the issuance of permits

 

 

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1for the dispensing of motor vehicle fuels in the manner
2described in this paragraph (d), (ii) that establish fees for
3permits and inspections, and provide for those fees to be
4deposited into the Fire Prevention Fund, (iii) that require the
5dispensing of motor fuel in the manner described in this
6paragraph (d) to meet conditions consistent with nationally
7recognized standards such as those of the National Fire
8Protection Association, and (iv) that restrict the dispensing
9of motor vehicle fuels in the manner described in this
10paragraph (d) to the following:
11        (A) agriculture sites for agricultural purposes,
12        (B) construction sites for refueling construction
13    equipment used at the construction site,
14        (C) sites used for the parking, operation, or
15    maintenance of a commercial vehicle fleet, but only if the
16    site is located in a county with 3,000,000 or more
17    inhabitants or a county contiguous to a county with
18    3,000,000 or more inhabitants and the site is not normally
19    accessible to the public, and
20        (D) sites used for the refueling of police, fire, or
21    emergency medical services vehicles or other vehicles that
22    are owned, leased, or operated by (or operated under
23    contract with) the State, a unit of local government, or a
24    school district, or any agency of the State and that are
25    not normally accessible to the public.
26    (2) (a) The Office of the State Fire Marshal shall adopt

 

 

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1rules and regulations regarding underground storage tanks and
2associated piping and no municipality or other political
3subdivision shall adopt or enforce any ordinances or
4regulations regarding such underground tanks and piping other
5than those which are identical to the rules and regulations of
6the Office of the State Fire Marshal. It is declared to be the
7law of this State, pursuant to paragraphs (h) and (i) of
8Section 6 of Article VII of the Illinois Constitution, that the
9establishment and enforcement of standards regarding
10underground storage tanks and associated piping within the
11jurisdiction of the Office of the State Fire Marshal is an
12exclusive State function which may not be exercised
13concurrently by a home rule unit except as expressly permitted
14in this Act.
15    (b) The Office of the State Fire Marshal may enter into
16written contracts with municipalities of over 500,000 in
17population to enforce the rules and regulations adopted under
18this subsection.
19    (3) (a) The Office of the State Fire Marshal shall have
20authority over underground storage tanks which contain, have
21contained, or are designed to contain petroleum, hazardous
22substances and regulated substances as those terms are used in
23Subtitle I of the Hazardous and Solid Waste Amendments of 1984
24(P.L. 98-616), as amended by the Superfund Amendments and
25Reauthorization Act of 1986 (P.L. 99-499). The Office shall
26have the power with regard to underground storage tanks to

 

 

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1require any person who tests, installs, repairs, replaces,
2relines, or removes any underground storage tank system
3containing, formerly containing, or which is designed to
4contain petroleum or other regulated substances, to obtain a
5permit to install, repair, replace, reline, or remove the
6particular tank system, and to pay a fee set by the Office for
7a permit to install, repair, replace, reline, upgrade, test, or
8remove any portion of an underground storage tank system. All
9persons who do repairs above grade level for themselves need
10not pay a fee or be certified. All fees received by the Office
11from certification and permits shall be deposited in the Fire
12Prevention Fund for the exclusive use of the Office in
13administering the Underground Storage Tank program.
14    (b) (i) Within 120 days after the promulgation of
15regulations or amendments thereto by the Administrator of the
16United States Environmental Protection Agency to implement
17Section 9003 of Subtitle I of the Hazardous and Solid Waste
18Amendments of 1984 (P.L. 98-616) of the Resource Conservation
19and Recovery Act of 1976 (P.L. 94-580), as amended, the Office
20of the State Fire Marshal shall adopt regulations or amendments
21thereto which are identical in substance. The rulemaking
22provisions of Section 5-35 of the Illinois Administrative
23Procedure Act shall not apply to regulations or amendments
24thereto adopted pursuant to this subparagraph (i).
25    (ii) The Office of the State Fire Marshal may adopt
26additional regulations relating to an underground storage tank

 

 

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1program that are not inconsistent with and at least as
2stringent as Section 9003 of Subtitle I of the Hazardous and
3Solid Waste Amendments of 1984 (P.L. 98-616) of the Resource
4Conservation and Recovery Act of 1976 (P.L. 94-580), as
5amended, or regulations adopted thereunder. Except as provided
6otherwise in subparagraph (i) of this paragraph (b), the Office
7of the State Fire Marshal shall not adopt regulations relating
8to corrective action at underground storage tanks. Regulations
9adopted pursuant to this subsection shall be adopted in
10accordance with the procedures for rulemaking in Section 5-35
11of the Illinois Administrative Procedure Act.
12    (c) The Office of the State Fire Marshal shall require any
13person, corporation or other entity who tests an underground
14tank or its piping or cathodic protection for another to report
15the results of such test to the Office.
16    (d) In accordance with constitutional limitations, the
17Office shall have authority to enter at all reasonable times
18upon any private or public property for the purpose of:
19        (i) Inspecting and investigating to ascertain possible
20    violations of this Act, of regulations thereunder or of
21    permits or terms or conditions thereof; or
22        (ii) In accordance with the provisions of this Act,
23    taking whatever emergency action, that is necessary or
24    appropriate, to assure that the public health or safety is
25    not threatened whenever there is a release or a substantial
26    threat of a release of petroleum or a regulated substance

 

 

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1    from an underground storage tank.
2    (e) The Office of the State Fire Marshal may issue an
3Administrative Order to any person who it reasonably believes
4has violated the rules and regulations governing underground
5storage tanks, including the installation, repair, leak
6detection, cathodic protection tank testing, removal or
7release notification. Such an order shall be served by
8registered or certified mail or in person. Any person served
9with such an order may appeal such order by submitting in
10writing any such appeal to the Office within 10 days of the
11date of receipt of such order. The Office shall conduct an
12administrative hearing governed by the Illinois Administrative
13Procedure Act and enter an order to sustain, modify or revoke
14such order. Any appeal from such order shall be to the circuit
15court of the county in which the violation took place and shall
16be governed by the Administrative Review Law.
17    (f) The Office of the State Fire Marshal shall not require
18the removal of an underground tank system taken out of
19operation before January 2, 1974, except in the case in which
20the office of the State Fire Marshal has determined that a
21release from the underground tank system poses a current or
22potential threat to human health and the environment. In that
23case, and upon receipt of an Order from the Office of the State
24Fire Marshal, the owner or operator of the nonoperational
25underground tank system shall assess the excavation zone and
26close the system in accordance with regulations promulgated by

 

 

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1the Office of the State Fire Marshal.
2    (4) (a) The Office of the State Fire Marshal shall adopt
3rules and regulations regarding aboveground storage tanks and
4associated piping and no municipality or other political
5subdivision shall adopt or enforce any ordinances or
6regulations regarding such aboveground tanks and piping other
7than those which are identical to the rules and regulations of
8the Office of the State Fire Marshal unless, in the interest of
9fire safety, the Office of the State Fire Marshal delegates
10such authority to municipalities, political subdivisions or
11home rule units. It is declared to be the law of this State,
12pursuant to paragraphs (h) and (i) of Section 6 of Article VII
13of the Illinois Constitution, that the establishment of
14standards regarding aboveground storage tanks and associated
15piping within the jurisdiction of the Office of the State Fire
16Marshal is an exclusive State function which may not be
17exercised concurrently by a home rule unit except as expressly
18permitted in this Act.
19    (b) The Office of the State Fire Marshal shall enforce its
20rules and regulations concerning aboveground storage tanks and
21associated piping; however, municipalities may enforce any of
22their zoning ordinances or zoning regulations regarding
23aboveground tanks. The Office of the State Fire Marshal may
24issue an administrative order to any owner of an aboveground
25storage tank and associated piping it reasonably believes to be
26in violation of such rules and regulations to remedy or remove

 

 

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1any such violation. Such an order shall be served by registered
2or certified mail or in person. Any person served with such an
3order may appeal such order by submitting in writing any such
4appeal to the Office within 10 days of the date of receipt of
5such order. The Office shall conduct an administrative hearing
6governed by the Illinois Administrative Procedure Act and enter
7an order to sustain, modify or revoke such order. Any appeal
8from such order shall be to the circuit court of the county in
9which the violation took place and shall be governed by the
10Administrative Review Law.
11(Source: P.A. 95-331, eff. 8-21-07.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.