Rep. Lindsay Parkhurst

Filed: 2/22/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4569

2    AMENDMENT NO. ______. Amend House Bill 4569 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Gasoline Storage Act is amended by changing
5Section 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
9jurisdiction of the Office of the State Fire Marshal under this
10Act shall be concurrent with that of municipalities and other
11political subdivisions. The Office of the State Fire Marshal
12has power to promulgate, pursuant to the Illinois
13Administrative Procedure Act, reasonable rules and regulations
14governing the keeping, storage, transportation, sale or use of
15gasoline and volatile oils. Nothing in this Act shall relieve
16any person, corporation, or other entity from complying with

 

 

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1any zoning ordinance of a municipality or home rule unit
2enacted pursuant to Section 11-13-1 of the Illinois Municipal
3Code or any ordinance enacted pursuant to Section 11-8-4 of the
4Illinois Municipal Code.
5    (b) The rulemaking power shall include the power to
6promulgate rules providing for the issuance and revocation of
7permits allowing the self service dispensing of motor fuels as
8such term is defined in the Motor Fuel Tax Law in retail
9service stations or any other place of business where motor
10fuels are dispensed into the fuel tanks of motor vehicles,
11internal combustion engines or portable containers. Such rules
12shall specify the requirements that must be met both prior and
13subsequent to the issuance of such permits in order to insure
14the safety and welfare of the general public. The operation of
15such service stations without a permit shall be unlawful. The
16Office of the State Fire Marshal shall revoke such permit if
17the self service operation of such a service station is found
18to pose a significant risk to the safety and welfare of the
19general public.
20    (c) However, except in any county with a population of
211,000,000 or more, the Office of the State Fire Marshal shall
22not have the authority to prohibit the operation of a service
23station solely on the basis that it is an unattended
24self-service station which utilizes key or card operated
25self-service motor fuel dispensing devices. Nothing in this
26paragraph shall prohibit the Office of the State Fire Marshal

 

 

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1from adopting reasonable rules and regulations governing the
2safety of self-service motor fuel dispensing devices.
3    (d) The State Fire Marshal shall not prohibit the
4dispensing or delivery of flammable or combustible motor
5vehicle fuels directly into the fuel tanks of vehicles from
6tank trucks, tank wagons, or other portable tanks. The State
7Fire Marshal shall adopt rules (i) for the issuance of permits
8for the dispensing of motor vehicle fuels in the manner
9described in this paragraph (d), (ii) that establish fees for
10permits and inspections, and provide for those fees to be
11deposited into the Fire Prevention Fund, (iii) that require the
12dispensing of motor fuel in the manner described in this
13paragraph (d) to meet conditions consistent with nationally
14recognized standards such as those of the National Fire
15Protection Association, and (iv) that restrict the dispensing
16of motor vehicle fuels in the manner described in this
17paragraph (d) to the following:
18        (A) agriculture sites for agricultural purposes;
19        (B) construction sites for refueling construction
20    equipment used at the construction site;
21        (C) sites used for the parking, operation, or
22    maintenance of a commercial vehicle fleet, but only if the
23    site is located in a county with 3,000,000 or more
24    inhabitants or a county contiguous to a county with
25    3,000,000 or more inhabitants and the site is not normally
26    accessible to the public;

 

 

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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; and
7        (E) any of the following sites permitted under the
8    Environmental Protection Act, provided that the only
9    refueling at the sites is limited to off-road vehicles and
10    equipment used at and for the operation of the sites:
11            (i) waste disposal sites;
12            (ii) sanitary landfills; and
13            (iii) municipal solid waste landfill units.
14    (2)(a) The Office of the State Fire Marshal shall adopt
15rules and regulations regarding underground storage tanks and
16associated piping and no municipality or other political
17subdivision shall adopt or enforce any ordinances or
18regulations regarding such underground tanks and piping other
19than those which are identical to the rules and regulations of
20the Office of the State Fire Marshal. It is declared to be the
21law of this State, pursuant to paragraphs (h) and (i) of
22Section 6 of Article VII of the Illinois Constitution, that the
23establishment and enforcement of standards regarding
24underground storage tanks and associated piping within the
25jurisdiction of the Office of the State Fire Marshal is an
26exclusive State function which may not be exercised

 

 

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1concurrently by a home rule unit except as expressly permitted
2in this Act.
3    (b) The Office of the State Fire Marshal may enter into
4written contracts with municipalities of over 500,000 in
5population to enforce the rules and regulations adopted under
6this subsection.
7    (3)(a) The Office of the State Fire Marshal shall have
8authority over underground storage tanks which contain, have
9contained, or are designed to contain petroleum, hazardous
10substances and regulated substances as those terms are used in
11Subtitle I of the Hazardous and Solid Waste Amendments of 1984
12(P.L. 98-616), as amended by the Superfund Amendments and
13Reauthorization Act of 1986 (P.L. 99-499). The Office shall
14have the power with regard to underground storage tanks to
15require any person who tests, installs, repairs, replaces,
16relines, or removes any underground storage tank system
17containing, formerly containing, or which is designed to
18contain petroleum or other regulated substances, to obtain a
19permit to install, repair, replace, reline, or remove the
20particular tank system, and to pay a fee set by the Office for
21a permit to install, repair, replace, reline, upgrade, test, or
22remove any portion of an underground storage tank system. All
23persons who do repairs above grade level for themselves need
24not pay a fee or be certified. All fees received by the Office
25from certification and permits shall be deposited in the Fire
26Prevention Fund for the exclusive use of the Office in

 

 

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1administering the Underground Storage Tank program.
2    (b)(i) Within 120 days after the promulgation of
3regulations or amendments thereto by the Administrator of the
4United States Environmental Protection Agency to implement
5Section 9003 of Subtitle I of the Hazardous and Solid Waste
6Amendments of 1984 (P.L. 98-616) of the Resource Conservation
7and Recovery Act of 1976 (P.L. 94-580), as amended, the Office
8of the State Fire Marshal shall adopt regulations or amendments
9thereto which are identical in substance. The rulemaking
10provisions of Section 5-35 of the Illinois Administrative
11Procedure Act shall not apply to regulations or amendments
12thereto adopted pursuant to this subparagraph (i).
13    (ii) The Office of the State Fire Marshal may adopt
14additional regulations relating to an underground storage tank
15program that are not inconsistent with and at least as
16stringent as Section 9003 of Subtitle I of the Hazardous and
17Solid Waste Amendments of 1984 (P.L. 98-616) of the Resource
18Conservation and Recovery Act of 1976 (P.L. 94-580), as
19amended, or regulations adopted thereunder. Except as provided
20otherwise in subparagraph (i) of this paragraph (b), the Office
21of the State Fire Marshal shall not adopt regulations relating
22to corrective action at underground storage tanks. Regulations
23adopted pursuant to this subsection shall be adopted in
24accordance with the procedures for rulemaking in Section 5-35
25of the Illinois Administrative Procedure Act.
26    (c) The Office of the State Fire Marshal shall require any

 

 

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1person, corporation or other entity who tests an underground
2tank or its piping or cathodic protection for another to report
3the results of such test to the Office.
4    (d) In accordance with constitutional limitations, the
5Office shall have authority to enter at all reasonable times
6upon any private or public property for the purpose of:
7        (i) Inspecting and investigating to ascertain possible
8    violations of this Act, of regulations thereunder or of
9    permits or terms or conditions thereof; or
10        (ii) In accordance with the provisions of this Act,
11    taking whatever emergency action, that is necessary or
12    appropriate, to assure that the public health or safety is
13    not threatened whenever there is a release or a substantial
14    threat of a release of petroleum or a regulated substance
15    from an underground storage tank.
16    (e) The Office of the State Fire Marshal may issue an
17Administrative Order to any person who it reasonably believes
18has violated the rules and regulations governing underground
19storage tanks, including the installation, repair, leak
20detection, cathodic protection tank testing, removal or
21release notification. Such an order shall be served by
22registered or certified mail or in person. Any person served
23with such an order may appeal such order by submitting in
24writing any such appeal to the Office within 10 days of the
25date of receipt of such order. The Office shall conduct an
26administrative hearing governed by the Illinois Administrative

 

 

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1Procedure Act and enter an order to sustain, modify or revoke
2such order. Any appeal from such order shall be to the circuit
3court of the county in which the violation took place and shall
4be governed by the Administrative Review Law.
5    (f) The Office of the State Fire Marshal shall not require
6the removal of an underground tank system taken out of
7operation before January 2, 1974, except in the case in which
8the office of the State Fire Marshal has determined that a
9release from the underground tank system poses a current or
10potential threat to human health and the environment. In that
11case, and upon receipt of an Order from the Office of the State
12Fire Marshal, the owner or operator of the nonoperational
13underground tank system shall assess the excavation zone and
14close the system in accordance with regulations promulgated by
15the Office of the State Fire Marshal.
16    (4)(a) The Office of the State Fire Marshal shall adopt
17rules and regulations regarding aboveground storage tanks and
18associated piping and no municipality or other political
19subdivision shall adopt or enforce any ordinances or
20regulations regarding such aboveground tanks and piping other
21than those which are identical to the rules and regulations of
22the Office of the State Fire Marshal unless, in the interest of
23fire safety, the Office of the State Fire Marshal delegates
24such authority to municipalities, political subdivisions or
25home rule units. A facility used for: (i) agricultural purposes
26at an agricultural site; (ii) refueling construction equipment

 

 

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1at a construction site; (iii) parking, operating, or
2maintaining a commercial vehicle fleet; or (iv) fueling at
3railway yards, may store an aggregate total of 12,000 gallons
4of fuel for dispensing in aboveground storage tanks, as long as
5the facility complies with all other requirements of the rules
6of the Office of the State Fire Marshal. It is declared to be
7the law of this State, pursuant to paragraphs (h) and (i) of
8Section 6 of Article VII of the Illinois Constitution, that the
9establishment of standards regarding aboveground storage tanks
10and associated piping within the jurisdiction of the Office of
11the State Fire Marshal is an exclusive State function which may
12not be exercised concurrently by a home rule unit except as
13expressly permitted in this Act.
14    (b) The Office of the State Fire Marshal shall enforce its
15rules and regulations concerning aboveground storage tanks and
16associated piping; however, municipalities may enforce any of
17their zoning ordinances or zoning regulations regarding
18aboveground tanks. The Office of the State Fire Marshal may
19issue an administrative order to any owner of an aboveground
20storage tank and associated piping it reasonably believes to be
21in violation of such rules and regulations to remedy or remove
22any such violation. Such an order shall be served by registered
23or certified mail or in person. Any person served with such an
24order may appeal such order by submitting in writing any such
25appeal to the Office within 10 days of the date of receipt of
26such order. The Office shall conduct an administrative hearing

 

 

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1governed by the Illinois Administrative Procedure Act and enter
2an order to sustain, modify or revoke such order. Any appeal
3from such order shall be to the circuit court of the county in
4which the violation took place and shall be governed by the
5Administrative Review Law.
6(Source: P.A. 100-299, eff. 8-24-17.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".