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92_HB3170 LRB9203197DJgc 1 AN ACT in relation to public safety. 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 -2- LRB9203197DJgc 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 (d) The State Fire Marshal shall not prohibit the 19 dispensing or delivery of flammable or combustible motor 20 vehicle fuels directly into the fuel tanks of vehicles from 21 tank trucks, tank wagons, or other portable tanks. The State 22 Fire Marshal shall adopt rules (i) for the issuance of 23 permits for the dispensing of motor vehicle fuels in the 24 manner described in this paragraph (d), (ii) that establish 25 fees for permits and inspections, and provide for those fees 26 to be deposited into the Fire Prevention Fund, (iii) that 27 require the dispensing of motor fuel in the manner described 28 in this paragraph (d) to meet conditions consistent with 29 nationally recognized standards such as those of the 30 National Fire Protection Association, and (iv) that restrict 31 the dispensing of motor vehicle fuels in the manner described 32 in this paragraph (d) to the following: 33 (A) agriculture sites for agricultural purposes, 34 (B) construction sites for refueling construction -3- LRB9203197DJgc 1 equipment used at the construction site, 2 (C) sites used for the parking, operation, or 3 maintenance of a commercial vehicle fleet, but only if 4 the site is located in a county with 3,000,000 or more 5 inhabitants or a county contiguous to a county with 6 3,000,000 or more inhabitants and the site is not 7 normally accessible to the public, and 8 (D) sites used for the refueling of police, fire, 9 or emergency medical services vehicles or other vehicles 10 that are owned, leased, or operated by (or operated under 11 contract with) the State, a unit of local government, or 12 a school district, or any agency of the State and that 13 are not normally accessible to the public. 14 (2) (a) The Office of the State Fire Marshal shall adopt 15 rules and regulations regarding underground storage tanks and 16 associated piping and no municipality or other political 17 subdivision shall adopt or enforce any ordinances or 18 regulations regarding such underground tanks and piping other 19 than those which are identical to the rules and regulations 20 of the Office of the State Fire Marshal, except that a 21 municipality with a population greater than 1,000,000 may 22 adopt and enforce ordinances and regulations more stringent 23 than the rules and regulations of the Office of the State 24 Fire Marshal with respect to the removal of underground 25 storage tanks only. It is declared to be the law of this 26 State, pursuant to paragraphs (h) and (i) of Section 6 of 27 Article VII of the Illinois Constitution, that the 28 establishment and enforcement of standards regarding 29 underground storage tanks and associated piping within the 30 jurisdiction of the Office of the State Fire Marshal is an 31 exclusive State function which may not be exercised 32 concurrently by a home rule unit except as expressly 33 permitted in this Act. 34 (b) The Office of the State Fire Marshal may enter into -4- LRB9203197DJgc 1 written contracts with municipalities of over 500,000 in 2 population to enforce the rules and regulations adopted under 3 this subsection. 4 (3) (a) The Office of the State Fire Marshal shall have 5 authority over underground storage tanks which contain, have 6 contained, or are designed to contain petroleum, hazardous 7 substances and regulated substances as those terms are used 8 in Subtitle I of the Hazardous and Solid Waste Amendments of 9 1984 (P.L. 98-616), as amended by the Superfund Amendments 10 and Reauthorization Act of 1986 (P.L. 99-499). The Office 11 shall have the power with regard to underground storage tanks 12 to require any person who tests, installs, repairs, replaces, 13 relines, or removes any underground storage tank system 14 containing, formerly containing, or which is designed to 15 contain petroleum or other regulated substances to be 16 certified to perform that activity, to obtain a permit to 17 install, repair, replace, reline, or remove the particular 18 tank system, to pay an annual certification fee of $100 per 19 year, and to pay a fee of $100 per site for a permit to 20 install, repair, replace, reline, or remove any underground 21 storage tank system. All persons who do repairs above grade 22 level for themselves need not pay a fee or be certified. All 23 fees received by the Office from certification and permits 24 shall be deposited in the Fire Prevention Fund for the 25 exclusive use of the Office in administering the Underground 26 Storage Tank program. 27 (b) (i) Within 120 days after the promulgation of 28 regulations or amendments thereto by the Administrator of the 29 United States Environmental Protection Agency to implement 30 Section 9003 of Subtitle I of the Hazardous and Solid Waste 31 Amendments of 1984 (P.L. 98-616) of the Resource Conservation 32 and Recovery Act of 1976 (P.L. 95-580), as amended, the 33 Office of the State Fire Marshal shall adopt regulations or 34 amendments thereto which are identical in substance. The -5- LRB9203197DJgc 1 rulemaking provisions of Section 5-35 of the Illinois 2 Administrative Procedure Act shall not apply to regulations 3 or amendments thereto adopted pursuant to this subparagraph 4 (i). 5 (ii) The Office of the State Fire Marshal may adopt 6 additional regulations relating to an underground storage 7 tank program that are not inconsistent with and at least as 8 stringent as Section 9003 of Subtitle I of the Hazardous and 9 Solid Waste Amendments of 1984 (P.L. 98-616) of the Resource 10 Conservation and Recovery Act of 1976 (P.L. 94-580), as 11 amended, or regulations adopted thereunder. Except as 12 provided otherwise in subparagraph (i) of this paragraph (b), 13 the Office of the State Fire Marshal shall not adopt 14 regulations relating to corrective action at underground 15 storage tanks. Regulations adopted pursuant to this 16 subsection shall be adopted in accordance with the procedures 17 for rulemaking in Section 5-35 of the Illinois Administrative 18 Procedure Act. 19 (c) The Office of the State Fire Marshal shall require 20 any person, corporation or other entity who tests an 21 underground tank or its piping or cathodic protection for 22 another, except a lessor for his or her lessee, to register 23 with the Office, and pay an annual registration fee of $100, 24 to be deposited in the Fire Prevention Fund, and report the 25 results of such test to the Office. 26 (d) In accordance with constitutional limitations, the 27 Office shall have authority to enter at all reasonable times 28 upon any private or public property for the purpose of: 29 (i) Inspecting and investigating to ascertain 30 possible violations of this Act, of regulations 31 thereunder or of permits or terms or conditions thereof; 32 or 33 (ii) In accordance with the provisions of this Act, 34 taking whatever emergency action, that is necessary or -6- LRB9203197DJgc 1 appropriate, to assure that the public health or safety 2 is not threatened whenever there is a release or a 3 substantial threat of a release of petroleum or a 4 regulated substance from an underground storage tank. 5 (e) The Office of the State Fire Marshal may issue an 6 Administrative Order to any person who it reasonably believes 7 has violated the rules and regulations governing underground 8 storage tanks, including the installation, repair, leak 9 detection, cathodic protection tank testing, removal or 10 release notification. Such an order shall be served by 11 registered or certified mail or in person. Any person served 12 with such an order may appeal such order by submitting in 13 writing any such appeal to the Office within 10 days of the 14 date of receipt of such order. The Office shall conduct an 15 administrative hearing governed by the Illinois 16 Administrative Procedure Act and enter an order to sustain, 17 modify or revoke such order. Any appeal from such order shall 18 be to the circuit court of the county in which the violation 19 took place and shall be governed by the Administrative Review 20 Law. 21 (f) The Office of the State Fire Marshal shall not 22 require the removal of an underground tank system taken out 23 of operation before January 2, 1974, except in the case in 24 which the office of the State Fire Marshal has determined 25 that a release from the underground tank system poses a 26 current or potential threat to human health and the 27 environment. In that case, and upon receipt of an Order from 28 the Office of the State Fire Marshal, the owner or operator 29 of the nonoperational underground tank system shall assess 30 the excavation zone and close the system in accordance with 31 regulations promulgated by the Office of the State Fire 32 Marshal. 33 (4) (a) The Office of the State Fire Marshal shall adopt 34 rules and regulations regarding aboveground storage tanks and -7- LRB9203197DJgc 1 associated piping and no municipality or other political 2 subdivision shall adopt or enforce any ordinances or 3 regulations regarding such aboveground tanks and piping other 4 than those which are identical to the rules and regulations 5 of the Office of the State Fire Marshal unless, in the 6 interest of fire safety, the Office of the State Fire Marshal 7 delegates such authority to municipalities, political 8 subdivisions or home rule units. It is declared to be the 9 law of this State, pursuant to paragraphs (h) and (i) of 10 Section 6 of Article VII of the Illinois Constitution, that 11 the establishment of standards regarding aboveground storage 12 tanks and associated piping within the jurisdiction of the 13 Office of the State Fire Marshal is an exclusive State 14 function which may not be exercised concurrently by a home 15 rule unit except as expressly permitted in this Act. 16 (b) The Office of the State Fire Marshal shall enforce 17 its rules and regulations concerning aboveground storage 18 tanks and associated piping; however, municipalities may 19 enforce any of their zoning ordinances or zoning regulations 20 regarding aboveground tanks. The Office of the State Fire 21 Marshal may issue an administrative order to any owner of an 22 aboveground storage tank and associated piping it reasonably 23 believes to be in violation of such rules and regulations to 24 remedy or remove any such violation. Such an order shall be 25 served by registered or certified mail or in person. Any 26 person served with such an order may appeal such order by 27 submitting in writing any such appeal to the Office within 10 28 days of the date of receipt of such order. The Office shall 29 conduct an administrative hearing governed by the Illinois 30 Administrative Procedure Act and enter an order to sustain, 31 modify or revoke such order. Any appeal from such order 32 shall be to the circuit court of the county in which the 33 violation took place and shall be governed by the 34 Administrative Review Law. -8- LRB9203197DJgc 1 (Source: P.A. 91-851, eff. 1-1-01.) 2 Section 99. Effective date. This Act takes effect upon 3 becoming law.
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