94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5277


 
Introduced 01/25/06, by Rep. Jay C. Hoffman
 
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.
















LRB094 16696 LCT 51966 b

















 


 


A BILL FOR









 











HB5277

LRB094 16696 LCT 51966 b






1
    AN ACT concerning 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 changing 
5
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 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.

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 
24
such term is defined in the Motor
Fuel Tax Law in retail 
25
service stations or any other place of business
where motor 
26
fuels are dispensed into the fuel tanks of motor vehicles,

27
internal combustion engines or portable containers.  Such rules 
28
shall
specify the requirements that must be met both prior and 
29
subsequent to the
issuance of such permits in order to insure 
30
the safety and welfare of the
general public.  The operation of 
31
such service stations without a permit
shall be unlawful.  The 
32
Office of the State Fire Marshal shall revoke such
permit if 
 


 






HB5277
- 2 -
LRB094 16696 LCT 51966 b




1
the self service operation of such a service station is found 
2
to
pose a significant risk to the safety and welfare of the 
3
general public.

4
    (c) However, except in any county with a population of 
5
1,000,000 or
more, the Office of the State Fire Marshal shall 
6
not have the
authority to prohibit the operation of a service 
7
station solely on the
basis that it is an unattended 
8
self-service station which utilizes key or
card operated 
9
self-service motor fuel dispensing devices.  Nothing
in this 
10
paragraph shall prohibit the Office of the State Fire Marshal 
11
from
adopting reasonable rules and regulations governing the 
12
safety of
self-service motor fuel dispensing devices.

13
    (d) The State Fire Marshal shall not prohibit the 
14
dispensing or delivery
of flammable or combustible motor 
15
vehicle fuels directly into the fuel tanks
of vehicles from 
16
tank trucks, tank wagons, or other portable tanks.  The
State 
17
Fire Marshal shall adopt rules (i) for the issuance of permits 
18
for the
dispensing of motor vehicle fuels in the manner 
19
described in this paragraph
(d), (ii) that establish fees for 
20
permits and inspections, and provide
for those fees to be 
21
deposited into the Fire Prevention Fund,
(iii) that require the 
22
dispensing of motor fuel in the manner described
in this 
23
paragraph (d) to meet conditions consistent with nationally 
24
recognized
standards such as those of the National Fire 
25
Protection Association, and (iv)
that restrict the dispensing 
26
of motor vehicle fuels in the manner described in
this 
27
paragraph (d) to the following:


28
        (A) agriculture sites for agricultural purposes,


29
        (B) construction sites for refueling construction 
30
    equipment used at the
construction site,


31
        (C) sites used for the parking, operation, or 
32
    maintenance of a commercial
vehicle fleet, but only if the 
33
    site is located in a county with 3,000,000 or
more 
34
    inhabitants or a county contiguous to a county with 
35
    3,000,000 or more
inhabitants and the site is not normally 
36
    accessible to the public, and


 


 






HB5277
- 3 -
LRB094 16696 LCT 51966 b




1
        (D) sites used for the refueling of police, fire, or 
2
    emergency medical
services vehicles or other vehicles that 
3
    are owned, leased, or operated by
(or operated under 
4
    contract with) the State, a unit of local government, or
a 
5
    school district, or any agency of the State and that are 
6
    not normally
accessible to the public.

7
    (2) (a) The Office of the State Fire Marshal shall adopt 
8
rules and
regulations regarding underground storage tanks and 
9
associated piping and
no municipality or other political 
10
subdivision shall adopt or enforce any
ordinances or 
11
regulations regarding such underground tanks and piping other

12
than those which are identical to the rules and regulations of 
13
the Office
of the State Fire Marshal.  It is declared to be the 
14
law of this State,
pursuant to paragraphs (h) and (i) of 
15
Section 6 of Article VII of the
Illinois Constitution, that the 
16
establishment and enforcement of standards
regarding 
17
underground storage tanks and associated piping within the

18
jurisdiction of the Office of the State Fire Marshal is an 
19
exclusive State
function which may not be exercised 
20
concurrently by a home rule unit except as
expressly permitted 
21
in this Act.

22
    (b) The Office of the State Fire Marshal may enter into 
23
written contracts
with municipalities of over 500,000 in 
24
population to enforce the rules and
regulations adopted under 
25
this subsection.

26
    (3) (a) The Office of the State Fire Marshal shall have 
27
authority over
underground storage tanks which contain, have 
28
contained, or are designed to
contain petroleum, hazardous 
29
substances and regulated substances as those
terms are used in 
30
Subtitle I of the Hazardous and Solid Waste Amendments of
1984 
31
(P.L. 98-616), as amended by the Superfund Amendments and

32
Reauthorization Act of 1986 (P.L. 99-499).  The Office shall 
33
have the
power with regard to underground storage tanks to 
34
require any person who
tests, installs, repairs, replaces, 
35
relines, or removes any underground storage
tank system 
36
containing, formerly containing, or which is designed to 
 


 






HB5277
- 4 -
LRB094 16696 LCT 51966 b




1
contain
petroleum or other regulated substances, to obtain a 
2
permit to install, repair,
replace, reline, or remove the 
3
particular tank system, and to pay a fee set by
the Office for 
4
a permit to install, repair, replace, reline, upgrade, test, or

5
remove any portion of an underground storage tank system.  All 
6
persons who do
repairs above grade level for themselves need 
7
not pay a fee or be certified.
All fees received by the Office 
8
from certification and permits shall be
deposited in the Fire 
9
Prevention Fund for the exclusive use of the Office in

10
administering the Underground Storage Tank program.

11
    (b) (i) Within 120 days after the promulgation of 
12
regulations
or amendments thereto by the Administrator of the 
13
United States Environmental
Protection Agency to implement 
14
Section 9003 of Subtitle I of the Hazardous and
Solid Waste 
15
Amendments of 1984 (P.L. 98-616) of the Resource Conservation 
16
and
Recovery Act of 1976 (P.L. 94-580
95-580), as amended, the 
17
Office of
the State Fire Marshal shall adopt regulations or 
18
amendments thereto which
are identical in substance. The 
19
rulemaking provisions of Section 5-35 of the
Illinois 
20
Administrative Procedure Act shall not apply to regulations or

21
amendments thereto adopted pursuant to this subparagraph (i).

22
    (ii) The Office of the State Fire Marshal may adopt 
23
additional
regulations relating to an underground storage tank 
24
program that are not
inconsistent with and at least as 
25
stringent as Section 9003 of Subtitle I
of the Hazardous and 
26
Solid Waste Amendments of 1984 (P.L. 98-616) of the
Resource 
27
Conservation and Recovery Act of 1976 (P.L. 94-580), as 
28
amended,
or regulations adopted thereunder. Except as provided 
29
otherwise in
subparagraph (i) of this paragraph (b), the Office 
30
of the State Fire
Marshal shall not adopt regulations relating 
31
to corrective action at
underground storage tanks.  Regulations 
32
adopted pursuant to this subsection
shall be adopted in 
33
accordance with the procedures for rulemaking in
Section 5-35 
34
of the Illinois Administrative Procedure Act.

35
    (c) The Office of the State Fire Marshal shall require any 
36
person,
corporation or other entity who tests an underground 
 


 






HB5277
- 5 -
LRB094 16696 LCT 51966 b




1
tank or its piping or
cathodic protection for another to report 
2
the results of such test to the
Office.

3
    (d) In accordance with constitutional limitations, the 
4
Office shall have
authority to enter at all reasonable times 
5
upon any private or public
property for the purpose of:


6
        (i) Inspecting and investigating to ascertain possible 
7
    violations of
this Act, of regulations thereunder or of 
8
    permits or terms or conditions
thereof; or


9
        (ii) In accordance with the provisions of this Act, 
10
    taking whatever
emergency action, that is necessary or 
11
    appropriate, to assure that the
public health or safety is 
12
    not threatened whenever there is a release or a
substantial 
13
    threat of a release of petroleum or a regulated substance 
14
    from
an underground storage tank.

15
    (e) The Office of the State Fire Marshal may issue an 
16
Administrative Order
to any person who it reasonably believes 
17
has violated the rules and regulations
governing underground 
18
storage tanks, including the installation, repair,
leak 
19
detection, cathodic protection tank testing, removal or 
20
release
notification.  Such an order shall be served by 
21
registered or certified
mail or in person.  Any person served 
22
with such an order may appeal such
order by submitting in 
23
writing any such appeal to the Office within
10 days of the 
24
date of receipt of such order.  The Office shall conduct an

25
administrative hearing governed by the Illinois Administrative 
26
Procedure
Act and enter an order to sustain, modify or revoke 
27
such order. Any appeal
from such order shall be to the circuit 
28
court of the county in which the
violation took place and shall 
29
be governed by the Administrative Review Law.

30
    (f) The Office of the State Fire Marshal shall not require 
31
the removal
of an underground tank system taken out of 
32
operation before January 2,
1974, except in the case in which 
33
the office of the State Fire Marshal has
determined that a 
34
release from the underground tank system poses a current
or 
35
potential threat to human health and the environment.  In that 
36
case, and
upon receipt of an Order from the Office of the State 
 


 






HB5277
- 6 -
LRB094 16696 LCT 51966 b




1
Fire Marshal, the
owner or operator of the nonoperational 
2
underground tank system shall
assess the excavation zone and 
3
close the system in accordance with
regulations promulgated by 
4
the Office of the State Fire Marshal.

5
    (4) (a) The Office of the State Fire Marshal shall adopt 
6
rules and
regulations regarding aboveground storage tanks and 
7
associated piping and
no municipality or other political 
8
subdivision shall adopt or enforce any
ordinances or 
9
regulations regarding such aboveground tanks and piping other

10
than those which are identical to the rules and regulations of 
11
the Office
of the State Fire Marshal unless, in the interest of 
12
fire safety, the
Office of the State Fire Marshal delegates 
13
such authority to municipalities,
political subdivisions or 
14
home rule units.  It is declared to be the law of
this State, 
15
pursuant to paragraphs (h) and (i) of Section 6 of Article VII

16
of the Illinois Constitution, that the establishment of 
17
standards regarding
aboveground storage tanks and associated 
18
piping within the jurisdiction of
the Office of the State Fire 
19
Marshal is an exclusive State function which
may not be 
20
exercised concurrently by a home rule unit except as expressly

21
permitted in this Act.

22
    (b) The Office of the State Fire Marshal shall enforce its 
23
rules
and regulations concerning aboveground storage tanks and 
24
associated piping;
however, municipalities may enforce any of 
25
their zoning ordinances or zoning
regulations regarding 
26
aboveground tanks.
The Office of the State Fire Marshal may 
27
issue an administrative order to
any owner of an aboveground 
28
storage tank and associated piping it
reasonably believes to be 
29
in violation of such rules and regulations to
remedy or remove 
30
any such violation.  Such an order shall be served by
registered 
31
or certified mail or in person.  Any person served with such an

32
order may appeal such order by submitting in writing any such 
33
appeal to
the Office within 10 days of the date of receipt of 
34
such order.  The Office
shall conduct an administrative hearing 
35
governed by the Illinois
Administrative Procedure Act and enter 
36
an order to sustain, modify or
revoke such order.  Any appeal 
 


 






HB5277
- 7 -
LRB094 16696 LCT 51966 b




1
from such order shall be to the circuit
court of the county in 
2
which the violation took place and shall be governed
by the 
3
Administrative Review Law.

4
(Source: P.A. 91-851, eff. 1-1-01; 92-618, eff. 7-11-02; 
5
revised 10-9-03.)

 

6
    Section 99. Effective date. This Act takes effect upon 
7
becoming law.