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1 | AN ACT concerning 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 | Sections 4, 6, 6.1, and 7 and by adding Section 4.5 as follows:
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6 | (430 ILCS 15/4) (from Ch. 127 1/2, par. 156)
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7 | Sec. 4. Underground Storage Tank Program; administration.
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8 | (a) In cooperation with the Illinois Environmental | ||||||||||||||||||||||||||||||||
9 | Protection Agency, the
Office of the State Fire Marshal shall | ||||||||||||||||||||||||||||||||
10 | administer the Illinois Underground
Storage Tank Program in | ||||||||||||||||||||||||||||||||
11 | accordance with this Section and Section 22.12 of the
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12 | Environmental Protection Act.
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13 | (b) (1)(A) The owner of an underground storage tank that | ||||||||||||||||||||||||||||||||
14 | was not taken out
of operation before January 2, 1974, and that | ||||||||||||||||||||||||||||||||
15 | at any time between January 1,
1974, and September 24, 1987, | ||||||||||||||||||||||||||||||||
16 | contained petroleum or petroleum products or
hazardous | ||||||||||||||||||||||||||||||||
17 | substances, with the exception of hazardous wastes, shall | ||||||||||||||||||||||||||||||||
18 | register
the tank with the Office of the State Fire Marshal. No | ||||||||||||||||||||||||||||||||
19 | underground storage
tank taken out of operation before January | ||||||||||||||||||||||||||||||||
20 | 2, 1974, may be registered under
this Act. No underground | ||||||||||||||||||||||||||||||||
21 | storage tank otherwise required to be registered
under this | ||||||||||||||||||||||||||||||||
22 | subparagraph (A) may be registered under this Act if that tank | ||||||||||||||||||||||||||||||||
23 | was
removed before September 24, 1987.
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1 | (B) The owner of a heating oil underground storage tank | ||||||
2 | having a
capacity of greater than 1100 gallons that was not | ||||||
3 | taken out of operation
before January 2, 1974, and that at any | ||||||
4 | time between January 1, 1974, and July
11, 1990, contained | ||||||
5 | heating oil shall register the tank with the Office of the
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6 | State Fire Marshal. No heating oil underground storage tank | ||||||
7 | taken out of
operation before January 2, 1974, may be | ||||||
8 | registered under this Act. No heating
oil underground storage | ||||||
9 | tank otherwise required to be registered under this
| ||||||
10 | subparagraph (B) may be registered under this Act if that tank | ||||||
11 | was removed
before July 11, 1990.
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12 | (C) The owner of a heating oil underground storage tank | ||||||
13 | having a capacity of
1,100 gallons or less that was not taken | ||||||
14 | out of operation before January 2,
1974, and that any time | ||||||
15 | between January 1, 1974, and September 6, 1991,
contained | ||||||
16 | heating oil shall register the tank with the Office of State | ||||||
17 | Fire
Marshal. No heating oil underground storage tank taken out | ||||||
18 | of operation before
January 2, 1974, may be registered under | ||||||
19 | this Act. No heating oil underground
storage tank otherwise | ||||||
20 | required to be registered under this subparagraph (C)
may be | ||||||
21 | registered under this Act if that tank was removed before | ||||||
22 | September 6,
1991.
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23 | (D) "Operation", as used in this subsection (b), means that | ||||||
24 | the tank
must have had input or output of petroleum, petroleum | ||||||
25 | products, or hazardous
substances, with the exception of | ||||||
26 | hazardous wastes, during the regular course
of its usage. |
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1 | "Operation" does not include (i) compliance with leak detection
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2 | requirements as prescribed by rules and regulations of the | ||||||
3 | Office of State Fire
Marshal or (ii) the mere containment or | ||||||
4 | storage of petroleum, petroleum
products, or hazardous | ||||||
5 | substances, with the exception of hazardous wastes.
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6 | (2) The owner of an underground storage tank who registered | ||||||
7 | the tank with
the Office of the State Fire Marshal under | ||||||
8 | Section 4 of the State Fire Marshal
Act prior to September 24, | ||||||
9 | 1987 shall be deemed to have registered the tank
under | ||||||
10 | paragraph (1).
| ||||||
11 | (3)(A) Each person required to register an underground | ||||||
12 | storage tank, other
than a heating oil underground storage | ||||||
13 | tank, under paragraph (1) shall pay the
Office of the State | ||||||
14 | Fire Marshal a registration fee of $500 for each tank
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15 | registered, to be deposited in the
Underground Storage Tank | ||||||
16 | Fund.
| ||||||
17 | (B) Each person required to register a heating oil | ||||||
18 | underground storage tank
shall pay to the Office of the State | ||||||
19 | Fire Marshal a registration fee of $100
for each tank | ||||||
20 | registered before July 2, 1992, and $500 for each tank | ||||||
21 | registered
after July 1, 1992, to be deposited into the
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22 | Underground Storage Tank Fund.
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23 | (C) No registration fee shall be due under this paragraph | ||||||
24 | (3) for
underground storage tanks deemed registered pursuant to | ||||||
25 | paragraph (2).
| ||||||
26 | (4) The Office of the State Fire Marshal shall establish |
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1 | procedures relating
to the collection of the fees authorized by | ||||||
2 | this subsection. Such procedures
shall include, but need not be | ||||||
3 | limited to, the time and manner of payment to
the Office of the | ||||||
4 | State Fire Marshal.
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5 | (5) The State Fire Marshal is authorized to enter into such | ||||||
6 | contracts and
agreements as may be necessary, and as | ||||||
7 | expeditiously as necessary, to carry out
the Office of the | ||||||
8 | State Fire Marshal's duties under this subsection.
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9 | (6)(A) The owner of an underground storage tank, other than | ||||||
10 | a heating oil
underground storage tank, which is installed or | ||||||
11 | replaced after September 24,
1987, and which contained, | ||||||
12 | contains or may contain petroleum or petroleum
products or | ||||||
13 | hazardous substances, with the exception of hazardous wastes, | ||||||
14 | shall
register the tank with the Office of the State Fire | ||||||
15 | Marshal prior to the
installation or replacement.
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16 | (B) The owner of a heating oil underground storage tank | ||||||
17 | installed or
replaced after July 11, 1990, and which contained | ||||||
18 | or may contain heating oil
shall register the tank with the | ||||||
19 | Office of the State Fire Marshal before the
installation or | ||||||
20 | replacement.
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21 | (7) Any person required to register an underground storage | ||||||
22 | tank under
paragraph (1) or paragraph (6) of this subsection | ||||||
23 | shall register the tank on
forms provided by the Office of the | ||||||
24 | State Fire Marshal.
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25 | (c) Except as otherwise provided in subsection (d), a | ||||||
26 | person who is the
owner of an underground storage tank |
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1 | containing petroleum or petroleum products
or hazardous | ||||||
2 | substances, except hazardous waste, registered under | ||||||
3 | subsection
(b) shall notify the Office of the State Fire | ||||||
4 | Marshal of any change in the
information required under this | ||||||
5 | Section or of the removal of an underground
storage tank from | ||||||
6 | service.
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7 | (d) A person who is the owner of an underground storage | ||||||
8 | tank containing
petroleum or petroleum products or hazardous | ||||||
9 | substances, except hazardous
waste, the contents of which are | ||||||
10 | changed routinely, shall indicate all the
materials which are | ||||||
11 | stored in the tank on the registration form. A person
providing | ||||||
12 | the information described in this subsection is not required to
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13 | notify the Office of the State Fire Marshal of changes in the | ||||||
14 | contents of the
tank unless the material to be stored in the | ||||||
15 | tank differs from the information
provided on the registration | ||||||
16 | form.
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17 | (e) For purposes of this Act:
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18 | The terms "petroleum" and "underground
storage tank" shall | ||||||
19 | have the meanings ascribed to them in Subtitle I of the
| ||||||
20 | Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616) of | ||||||
21 | the Resource
Conservation and Recovery Act of 1976 (P.L. | ||||||
22 | 94-580), except that "underground
storage tank" shall include | ||||||
23 | heating oil underground storage tanks; however no
release | ||||||
24 | detection shall be required of heating oil tanks, in existence | ||||||
25 | as of
July 11, 1990, prior to December 22, 1998. The Office of | ||||||
26 | the State Fire
Marshal shall have the authority to determine |
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1 | the criteria for classification
of an underground storage tank | ||||||
2 | as being either a petroleum underground storage
tank or a | ||||||
3 | hazardous substance underground storage tank.
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4 | When used in connection with, or when otherwise relating | ||||||
5 | to underground
storage tanks, the terms "operator", "owner", | ||||||
6 | and "facility" shall have the
meanings ascribed to them in | ||||||
7 | Subtitle I of the Hazardous and Solid Waste
Amendments of 1984 | ||||||
8 | (P.L. 98-616) of the Resource Conservation and Recovery Act
of | ||||||
9 | 1976 (P.L. 94-580).
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10 | "Bodily injury" means bodily injury, sickness, or disease | ||||||
11 | sustained by a
person, including death at any time, resulting | ||||||
12 | from a release of petroleum from
an underground storage tank.
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13 | "Property damage" means physical injury to, destruction | ||||||
14 | of, or contamination
of tangible property, including all | ||||||
15 | resulting loss of use of that property; or
loss of use of | ||||||
16 | tangible property that is not physically injured, destroyed, or
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17 | contaminated, but has been evacuated, withdrawn from use, or | ||||||
18 | rendered
inaccessible because of an occurrence.
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19 | "Occurrence" means an accident, including continuous or | ||||||
20 | repeated exposure to
conditions, which results in a release of | ||||||
21 | petroleum into the environment from
an underground storage | ||||||
22 | tank.
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23 | "Heating oil" means petroleum that is No. 1, No. 2, No. 4 | ||||||
24 | light, No.
4 heavy, No. 5 light, No. 5 heavy, or No. 6 | ||||||
25 | technical grades of fuel oil;
or other residual fuel oils | ||||||
26 | including Navy Special Fuel Oil and Bunker C.
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1 | "Heating oil underground storage tank" means an | ||||||
2 | underground storage
tank serving other than farms or | ||||||
3 | residential units that is used exclusively
to store heating oil | ||||||
4 | for consumptive use on the premises where stored.
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5 | "Ethanol aboveground storage tank" means any one or | ||||||
6 | combination of tanks (including aboveground pipes connected | ||||||
7 | thereto) that contain an accumulation of ethanol, and the | ||||||
8 | volume of which (including the volume of the aboveground pipes | ||||||
9 | connected thereto) is 90% or more above the surface of the | ||||||
10 | ground.
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11 | (Source: P.A. 87-323; 87-1088; 88-496.)
| ||||||
12 | (430 ILCS 15/4.5 new) | ||||||
13 | Sec. 4.5. Ethanol aboveground storage tanks; | ||||||
14 | administration.
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15 | (a) A retailer of ethanol blended gasoline that owns an | ||||||
16 | ethanol aboveground storage tank having a capacity of greater | ||||||
17 | than 6,000 gallons shall register the ethanol aboveground | ||||||
18 | storage tank with the Office of the State Fire Marshal. Each | ||||||
19 | retailer required to register an ethanol aboveground storage | ||||||
20 | tank shall pay the Office of the State Fire Marshal a | ||||||
21 | registration fee to be established by the Office of the State | ||||||
22 | Fire Marshal. The Office of the State Fire Marshal shall | ||||||
23 | establish procedures relating to the collection of the | ||||||
24 | registration fees authorized under this subsection (a). The | ||||||
25 | procedures shall include, but need not be limited to, the time |
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1 | and manner of payment to the Office of the State Fire Marshal. | ||||||
2 | The State Fire Marshal is authorized to enter into any | ||||||
3 | contracts and agreements as may be necessary, and as | ||||||
4 | expeditiously necessary, to carry out the Office of the State | ||||||
5 | Fire Marshal's duties under this subsection (a). Any retailer | ||||||
6 | required to register an ethanol aboveground storage tank shall | ||||||
7 | register the tank on forms provided by the Office of the State | ||||||
8 | Fire Marshal. | ||||||
9 | (b) A retailer of ethanol blended gasoline that owns an | ||||||
10 | ethanol aboveground storage tank having a capacity of greater | ||||||
11 | than 6,000 gallons, the contents of which are changed | ||||||
12 | routinely, shall indicate all the materials that are stored in | ||||||
13 | the tank on the registration form. A retailer providing the | ||||||
14 | information described in this subsection (b) is not required to | ||||||
15 | notify the Office of the State Fire Marshal of any change in | ||||||
16 | the contents of the tank unless the material to be stored in | ||||||
17 | the tank differs from the information provided on the | ||||||
18 | registration form.
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19 | (430 ILCS 15/6) (from Ch. 127 1/2, par. 158)
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20 | Sec. 6. (a) If necessary or appropriate to assure that the | ||||||
21 | public
health or safety is not threatened, the Office of State | ||||||
22 | Fire Marshal shall
have authority to:
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23 | (1)(A) provide notice to the owner or operator, or both, of | ||||||
24 | an
underground storage tank or ethanol aboveground storage tank
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25 | whenever there is a release or substantial threat
of a release |
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1 | of petroleum or regulated substances from such tank. Such
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2 | notice shall include the identified emergency action and an | ||||||
3 | opportunity for
the owner or operator, or both, to perform the | ||||||
4 | emergency action; or
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5 | (B) undertake emergency action whenever there is a release | ||||||
6 | or
substantial threat of a release of petroleum or regulated | ||||||
7 | substances from
an underground storage tank or ethanol | ||||||
8 | aboveground storage tank .
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9 | (2) If notice has been provided under clause (A) of | ||||||
10 | paragraph (1) of
this subsection, the Office shall have the | ||||||
11 | authority to require the owner
or operator, or both, of an | ||||||
12 | underground storage tank or ethanol aboveground storage tank to | ||||||
13 | undertake emergency
action whenever there is a release or | ||||||
14 | substantial threat of a release of
petroleum or regulated | ||||||
15 | substances from such tank.
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16 | (3) The emergency action undertaken or required under this | ||||||
17 | Section shall
be such as may be necessary or appropriate to | ||||||
18 | assure that the public health
or safety is not threatened.
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19 | (b) In accordance with constitutional limitations, the | ||||||
20 | Office shall have
authority to enter at all reasonable times | ||||||
21 | upon any private or public
property for the purpose of taking | ||||||
22 | emergency action whenever there is a
release or substantial | ||||||
23 | threat of a release of petroleum or regulated
substances from | ||||||
24 | an underground storage tank or ethanol aboveground storage | ||||||
25 | tank .
| ||||||
26 | (c) The Office shall require emergency action under |
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1 | paragraph (2) of
subsection (a) through issuance of an | ||||||
2 | Administrative Order. Such an order
shall be served by | ||||||
3 | registered or certified mail or in person and may order
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4 | emergency action. Any person served with such an order may | ||||||
5 | appeal such
order by submitting in writing any such appeal to | ||||||
6 | the Office within
10 days of the date of receipt of such order. | ||||||
7 | The Office
shall conduct an administrative hearing governed by | ||||||
8 | The Illinois
Administrative Procedure Act and enter an order to | ||||||
9 | sustain,
modify or revoke such order.
Any appeal from such | ||||||
10 | order shall be to the circuit court of the county in
which the | ||||||
11 | violation took place and shall be governed by the | ||||||
12 | Administrative
Review Law.
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13 | (d) Neither the State, the State Fire Marshal, nor any | ||||||
14 | State employee
shall be liable for any damages or injury | ||||||
15 | arising out of or resulting from
any action taken under Section | ||||||
16 | 6.
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17 | (Source: P.A. 85-1325.)
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18 | (430 ILCS 15/6.1) (from Ch. 127 1/2, par. 158.1)
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19 | Sec. 6.1. Financial responsibility.
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20 | (a) Each owner or operator shall establish and maintain
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21 | evidence of financial responsibility, as provided in this | ||||||
22 | Section, for
taking corrective action and compensating third | ||||||
23 | parties for bodily injury
and property damage.
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24 | (b) Each owner or operator shall maintain financial | ||||||
25 | responsibility at
the following minimum amounts:
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1 | (1) $10,000 per occurrence for corrective action;
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2 | (2) $10,000 per occurrence for bodily injury and | ||||||
3 | property damage to
third parties.
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4 | (c) Each owner or operator shall establish and maintain | ||||||
5 | evidence of
financial responsibility by any combination of the | ||||||
6 | following:
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7 | (1) commercial or private insurance, including risk | ||||||
8 | retention groups;
| ||||||
9 | (2) qualification as a self insurer; or
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10 | (3) guarantee, surety bond, letter of credit, | ||||||
11 | certificate of deposit, or
designated savings account.
| ||||||
12 | To qualify as a self insurer under this Section, the owner | ||||||
13 | or
operator must demonstrate net worth equal to or in excess of | ||||||
14 | 10 times the
amount specified in subsection (b) of this | ||||||
15 | Section.
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16 | (d) The establishment and enforcement of standards for the | ||||||
17 | financial
responsibility of the owners and operators of | ||||||
18 | underground storage tanks , ethanol aboveground storage tanks, | ||||||
19 | and
associated piping are exclusive powers and functions of the | ||||||
20 | State. A home
rule unit may not regulate or establish standards | ||||||
21 | for the financial
responsibility of the owners and operators of | ||||||
22 | underground storage tanks or ethanol aboveground storage | ||||||
23 | tanks .
This Section is a denial and limitation of home rule | ||||||
24 | powers and functions
under subsection (h) of Section 6 of | ||||||
25 | Article VII of the Illinois Constitution.
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26 | (Source: P.A. 87-323.)
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1 | (430 ILCS 15/7) (from Ch. 127 1/2, par. 159)
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2 | Sec. 7. (a) A violation of:
| ||||||
3 | (1) paragraph (a) or (b) of subsection (3) of Section 2 | ||||||
4 | of this Act is a
business offense punishable by a fine of | ||||||
5 | not more than $10,000 per day;
| ||||||
6 | (2) (blank);
| ||||||
7 | (2.5) Section 4.5 of this Act is a business offense | ||||||
8 | punishable by a fine of not more than $10,000 per day;
| ||||||
9 | (3) Section 4 of this Act is a business offense
| ||||||
10 | punishable by a
fine of not more than $10,000 per day;
| ||||||
11 | (3.5) Section 3.5 of this Act is a business offense | ||||||
12 | punishable by fine of
not more than
$10,000 per offense;
| ||||||
13 | (4) an administrative order as described in paragraph | ||||||
14 | (e) of subsection
(3) of Section 2, paragraph (b) of | ||||||
15 | subsection (4) of Section 2 or
subsection (c) of Section 6 | ||||||
16 | after it has become final is a business offense
punishable | ||||||
17 | by a fine of not less than $1,000 nor more than $25,000 per | ||||||
18 | day;
| ||||||
19 | (5) any other rule promulgated by the Office of the | ||||||
20 | State Fire Marshal
is a business offense punishable by a | ||||||
21 | fine of not less than $100 nor more
than $1,000 for each | ||||||
22 | offense or each day of continued violation.
| ||||||
23 | (b) (Blank).
| ||||||
24 | (c) A civil action to recover such fines may be brought by | ||||||
25 | the Attorney
General or the State's Attorney of the county in |
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| |||||||
1 | which the violation occurred.
| ||||||
2 | (d) Any monies received by the State under this Section | ||||||
3 | shall be
deposited into the
Underground Storage Tank Fund.
| ||||||
4 | (Source: P.A. 92-618, eff. 7-11-02.)
|