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| | 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.
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| | A BILL FOR |
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1 | | AN ACT concerning public safety.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Gasoline Storage Act is amended by changing |
5 | | Section 2 as follows:
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6 | | (430 ILCS 15/2) (from Ch. 127 1/2, par. 154)
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7 | | Sec. 2. Jurisdiction; regulation of tanks.
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8 | | (1) (a) Except as otherwise provided in this Act, the |
9 | | jurisdiction of the
Office of the State Fire Marshal under this |
10 | | Act shall be concurrent with that
of municipalities and other |
11 | | political subdivisions. The Office of the State
Fire Marshal |
12 | | has power to promulgate, pursuant to the Illinois |
13 | | Administrative
Procedure Act, reasonable rules and regulations |
14 | | governing the keeping, storage,
transportation, sale or use of |
15 | | gasoline and volatile oils. Nothing in this Act
shall relieve |
16 | | any person,
corporation, or other entity from complying with |
17 | | any zoning ordinance of a
municipality or home rule unit |
18 | | enacted pursuant to
Section 11-13-1 of the Illinois Municipal |
19 | | Code or any ordinance enacted
pursuant to Section 11-8-4 of the |
20 | | Illinois Municipal Code.
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21 | | (b) The rulemaking power shall include the power to |
22 | | promulgate rules
providing for the issuance and revocation of |
23 | | permits allowing the self
service dispensing of motor fuels as |
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1 | | such term is defined in the Motor
Fuel Tax Law in retail |
2 | | service stations or any other place of business
where motor |
3 | | fuels are dispensed into the fuel tanks of motor vehicles,
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4 | | internal combustion engines or portable containers. Such rules |
5 | | shall
specify the requirements that must be met both prior and |
6 | | subsequent to the
issuance of such permits in order to insure |
7 | | the safety and welfare of the
general public. The operation of |
8 | | such service stations without a permit
shall be unlawful. The |
9 | | Office of the State Fire Marshal shall revoke such
permit if |
10 | | the self service operation of such a service station is found |
11 | | to
pose a significant risk to the safety and welfare of the |
12 | | general public.
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13 | | (c) However, except in any county with a population of |
14 | | 1,000,000 or
more, the Office of the State Fire Marshal shall |
15 | | not have the
authority to prohibit the operation of a service |
16 | | station solely on the
basis that it is an unattended |
17 | | self-service station which utilizes key or
card operated |
18 | | self-service motor fuel dispensing devices. Nothing
in this |
19 | | paragraph shall prohibit the Office of the State Fire Marshal |
20 | | from
adopting reasonable rules and regulations governing the |
21 | | safety of
self-service motor fuel dispensing devices.
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22 | | (d) The State Fire Marshal shall not prohibit the |
23 | | dispensing or delivery
of flammable or combustible motor |
24 | | vehicle fuels directly into the fuel tanks
of vehicles from |
25 | | tank trucks, tank wagons, or other portable tanks. The
State |
26 | | Fire Marshal shall adopt rules (i) for the issuance of permits |
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1 | | for the
dispensing of motor vehicle fuels in the manner |
2 | | described in this paragraph
(d), (ii) that establish fees for |
3 | | permits and inspections, and provide
for those fees to be |
4 | | deposited into the Fire Prevention Fund,
(iii) that require the |
5 | | dispensing of motor fuel in the manner described
in this |
6 | | paragraph (d) to meet conditions consistent with nationally |
7 | | recognized
standards such as those of the National Fire |
8 | | Protection Association, and (iv)
that restrict the dispensing |
9 | | of motor vehicle fuels in the manner described in
this |
10 | | paragraph (d) to the following:
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11 | | (A) agriculture sites for agricultural purposes,
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12 | | (B) construction sites for refueling construction |
13 | | equipment used at the
construction site,
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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
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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.
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26 | | (2) (a) The Office of the State Fire Marshal shall adopt |
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1 | | rules and
regulations regarding underground storage tanks and |
2 | | associated piping and
no municipality or other political |
3 | | subdivision shall adopt or enforce any
ordinances or |
4 | | regulations regarding such underground tanks and piping other
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5 | | than those which are identical to the rules and regulations of |
6 | | the Office
of the State Fire Marshal. It is declared to be the |
7 | | law of this State,
pursuant to paragraphs (h) and (i) of |
8 | | Section 6 of Article VII of the
Illinois Constitution, that the |
9 | | establishment and enforcement of standards
regarding |
10 | | underground storage tanks and associated piping within the
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11 | | jurisdiction of the Office of the State Fire Marshal is an |
12 | | exclusive State
function which may not be exercised |
13 | | concurrently by a home rule unit except as
expressly permitted |
14 | | in this Act.
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15 | | (b) The Office of the State Fire Marshal may enter into |
16 | | written contracts
with municipalities of over 500,000 in |
17 | | population to enforce the rules and
regulations adopted under |
18 | | this subsection.
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19 | | (3) (a) The Office of the State Fire Marshal shall have |
20 | | authority over
underground storage tanks which contain, have |
21 | | contained, or are designed to
contain petroleum, hazardous |
22 | | substances and regulated substances as those
terms are used in |
23 | | Subtitle I of the Hazardous and Solid Waste Amendments of
1984 |
24 | | (P.L. 98-616), as amended by the Superfund Amendments and
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25 | | Reauthorization Act of 1986 (P.L. 99-499). The Office shall |
26 | | have the
power with regard to underground storage tanks to |
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1 | | require any person who
tests, installs, repairs, replaces, |
2 | | relines, or removes any underground storage
tank system |
3 | | containing, formerly containing, or which is designed to |
4 | | contain
petroleum or other regulated substances, to obtain a |
5 | | permit to install, repair,
replace, reline, or remove the |
6 | | particular tank system, and to pay a fee set by
the Office for |
7 | | a permit to install, repair, replace, reline, upgrade, test, or
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8 | | remove any portion of an underground storage tank system. All |
9 | | persons who do
repairs above grade level for themselves need |
10 | | not pay a fee or be certified.
All fees received by the Office |
11 | | from certification and permits shall be
deposited in the Fire |
12 | | Prevention Fund for the exclusive use of the Office in
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13 | | administering the Underground Storage Tank program.
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14 | | (b) (i) Within 120 days after the promulgation of |
15 | | regulations
or amendments thereto by the Administrator of the |
16 | | United States Environmental
Protection Agency to implement |
17 | | Section 9003 of Subtitle I of the Hazardous and
Solid Waste |
18 | | Amendments of 1984 (P.L. 98-616) of the Resource Conservation |
19 | | and
Recovery Act of 1976 (P.L. 94-580), as amended, the Office |
20 | | of
the State Fire Marshal shall adopt regulations or amendments |
21 | | thereto which
are identical in substance. The rulemaking |
22 | | provisions of Section 5-35 of the
Illinois Administrative |
23 | | Procedure Act shall not apply to regulations or
amendments |
24 | | thereto adopted pursuant to this subparagraph (i).
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25 | | (ii) The Office of the State Fire Marshal may adopt |
26 | | additional
regulations relating to an underground storage tank |
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1 | | program that are not
inconsistent with and at least as |
2 | | stringent as Section 9003 of Subtitle I
of the Hazardous and |
3 | | Solid Waste Amendments of 1984 (P.L. 98-616) of the
Resource |
4 | | Conservation and Recovery Act of 1976 (P.L. 94-580), as |
5 | | amended,
or regulations adopted thereunder. Except as provided |
6 | | otherwise in
subparagraph (i) of this paragraph (b), the Office |
7 | | of the State Fire
Marshal shall not adopt regulations relating |
8 | | to corrective action at
underground storage tanks. Regulations |
9 | | adopted pursuant to this subsection
shall be adopted in |
10 | | accordance with the procedures for rulemaking in
Section 5-35 |
11 | | of the Illinois Administrative Procedure Act.
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12 | | (c) The Office of the State Fire Marshal shall require any |
13 | | person,
corporation or other entity who tests an underground |
14 | | tank or its piping or
cathodic protection for another to report |
15 | | the results of such test to the
Office.
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16 | | (d) In accordance with constitutional limitations, the |
17 | | Office shall have
authority to enter at all reasonable times |
18 | | upon any private or public
property for the purpose of:
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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
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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.
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2 | | (e) The Office of the State Fire Marshal may issue an |
3 | | Administrative Order
to any person who it reasonably believes |
4 | | has violated the rules and regulations
governing underground |
5 | | storage tanks, including the installation, repair,
leak |
6 | | detection, cathodic protection tank testing, removal or |
7 | | release
notification. Such an order shall be served by |
8 | | registered or certified
mail or in person. Any person served |
9 | | with such an order may appeal such
order by submitting in |
10 | | writing any such appeal to the Office within
10 days of the |
11 | | date of receipt of such order. The Office shall conduct an
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12 | | administrative hearing governed by the Illinois Administrative |
13 | | Procedure
Act and enter an order to sustain, modify or revoke |
14 | | such order. Any appeal
from such order shall be to the circuit |
15 | | court of the county in which the
violation took place and shall |
16 | | be governed by the Administrative Review Law.
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17 | | (f) The Office of the State Fire Marshal shall not require |
18 | | the removal
of an underground tank system taken out of |
19 | | operation before January 2,
1974, except in the case in which |
20 | | the office of the State Fire Marshal has
determined that a |
21 | | release from the underground tank system poses a current
or |
22 | | potential threat to human health and the environment. In that |
23 | | case, and
upon receipt of an Order from the Office of the State |
24 | | Fire Marshal, the
owner or operator of the nonoperational |
25 | | underground tank system shall
assess the excavation zone and |
26 | | close the system in accordance with
regulations promulgated by |
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1 | | the Office of the State Fire Marshal.
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2 | | (4) (a) The Office of the State Fire Marshal shall adopt |
3 | | rules and
regulations regarding aboveground storage tanks and |
4 | | associated piping and
no municipality or other political |
5 | | subdivision shall adopt or enforce any
ordinances or |
6 | | regulations regarding such aboveground tanks and piping other
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7 | | than those which are identical to the rules and regulations of |
8 | | the Office
of the State Fire Marshal unless, in the interest of |
9 | | fire safety, the
Office of the State Fire Marshal delegates |
10 | | such authority to municipalities,
political subdivisions or |
11 | | home rule units. It is declared to be the law of
this State, |
12 | | pursuant to paragraphs (h) and (i) of Section 6 of Article VII
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13 | | of the Illinois Constitution, that the establishment of |
14 | | standards regarding
aboveground storage tanks and associated |
15 | | piping within the jurisdiction of
the Office of the State Fire |
16 | | Marshal is an exclusive State function which
may not be |
17 | | exercised concurrently by a home rule unit except as expressly
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18 | | permitted in this Act.
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19 | | (b) The Office of the State Fire Marshal shall enforce its |
20 | | rules
and regulations concerning aboveground storage tanks and |
21 | | associated piping;
however, municipalities may enforce any of |
22 | | their zoning ordinances or zoning
regulations regarding |
23 | | aboveground tanks.
The Office of the State Fire Marshal may |
24 | | issue an administrative order to
any owner of an aboveground |
25 | | storage tank and associated piping it
reasonably believes to be |
26 | | in violation of such rules and regulations to
remedy or remove |
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1 | | any such violation. Such an order shall be served by
registered |
2 | | or certified mail or in person. Any person served with such an
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3 | | order may appeal such order by submitting in writing any such |
4 | | appeal to
the Office within 10 days of the date of receipt of |
5 | | such order. The Office
shall conduct an administrative hearing |
6 | | governed by the Illinois
Administrative Procedure Act and enter |
7 | | an order to sustain, modify or
revoke such order. Any appeal |
8 | | from such order shall be to the circuit
court of the county in |
9 | | which the violation took place and shall be governed
by the |
10 | | Administrative Review Law.
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11 | | (Source: P.A. 95-331, eff. 8-21-07.)
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12 | | Section 99. Effective date. This Act takes effect upon |
13 | | becoming law.
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