103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3371
 
Introduced 2/7/2024, by Sen. Ann Gillespie
 
SYNOPSIS AS INTRODUCED:
 
430 ILCS 15/7  from Ch. 127 1/2, par. 159
    Amends the Gasoline Storage Act. Provides that, if a leak of petroleum or a petroleum product occurs from a storage tank regulated by the Act and if the leak results in injury to any person or damage to any person's property, then the owner of the storage tank is strictly liable in civil damages to the person for the full amount of the injury or property damage proximately caused by the leak. Provides that the civil damages are in addition to damages under the Hazardous Material Emergency Response Reimbursement Act.


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A BILL FOR
 
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1    AN ACT concerning 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 7 as follows:
 
6    (430 ILCS 15/7)  (from Ch. 127 1/2, par. 159)
7    Sec. 7. (a) A violation of:  
8        (1) paragraph (a) or (b) of subsection (3) of Section 
9    2 of this Act is a business offense punishable by a fine of 
10    not more than $10,000 per day; 
11        (2) (blank); 
12        (3) Section 4 of this Act is a business offense 
13    punishable by a fine of not more than $10,000 per day; 
14        (3.5) Section 3.5 of this Act is a business offense 
15    punishable by fine of not more than $10,000 per offense; 
16        (4) an administrative order as described in paragraph 
17    (e) of subsection (3) of Section 2, paragraph (b) of 
18    subsection (4) of Section 2 or subsection (c) of Section 6 
19    after it has become final is a business offense punishable 
20    by a fine of not less than $1,000 nor more than $25,000 per 
21    day; 
22        (5) any other rule promulgated by the Office of the 
23    State Fire Marshal is a business offense punishable by a 
 
 
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1    fine of not less than $100 nor more than $1,000 for each 
2    offense or each day of continued violation.
3    (b) If a leak of petroleum or a petroleum product occurs 
4from any storage tank regulated by this Act or rules adopted 
5under this Act, be it aboveground or underground, and if the 
6leak results in injury to any person or damage to any person's 
7property, then the owner of the storage tank is strictly 
8liable in civil damages to the person for the full amount of 
9the injury or property damage proximately caused by the leak. 
10Damages paid by those liable under this subsection are to be 
11paid in addition to any damages required to be paid under the 
12Hazardous Material Emergency Response Reimbursement Act 
13(Blank).
14    (c) A civil action to recover such fines may be brought by 
15the Attorney General or the State's Attorney of the county in 
16which the violation occurred.
17    (d) Any monies received by the State under this Section 
18shall be deposited into the Underground Storage Tank Fund.
19(Source: P.A. 92-618, eff. 7-11-02.)