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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
95-580 ), as amended, the | ||||||
20 | Office of
the State Fire Marshal shall adopt regulations or | ||||||
21 | amendments thereto which
are identical in substance. The | ||||||
22 | rulemaking provisions of Section 5-35 of the
Illinois | ||||||
23 | Administrative Procedure Act shall not apply to regulations or
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24 | amendments 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. 91-851, eff. 1-1-01; 92-618, eff. 7-11-02; | ||||||
12 | revised 10-9-03.)
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13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.
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