Full Text of HB2995 95th General Assembly
HB2995ham001 95TH GENERAL ASSEMBLY
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Rep. Angelo Saviano
Filed: 4/17/2007
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LRB095 07566 LCT 33348 a |
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| AMENDMENT TO HOUSE BILL 2995
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| AMENDMENT NO. ______. Amend House Bill 2995 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Gasoline Storage Act is amended by changing | 5 |
| Section 2 as follows:
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| (430 ILCS 15/2) (from Ch. 127 1/2, par. 154)
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| Sec. 2. Jurisdiction; regulation of tanks.
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| (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 |
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| any zoning ordinance of a
municipality or home rule unit | 2 |
| enacted pursuant to
Section 11-13-1 of the Illinois Municipal | 3 |
| Code or any ordinance enacted
pursuant to Section 11-8-4 of the | 4 |
| Illinois Municipal Code.
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| (b) The rulemaking power shall include the power to | 6 |
| promulgate rules
providing for the issuance and revocation of | 7 |
| permits allowing the self
service dispensing of motor fuels as | 8 |
| such term is defined in the Motor
Fuel Tax Law in retail | 9 |
| service stations or any other place of business
where motor | 10 |
| fuels are dispensed into the fuel tanks of motor vehicles,
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| internal combustion engines or portable containers. Such rules | 12 |
| shall
specify the requirements that must be met both prior and | 13 |
| subsequent to the
issuance of such permits in order to insure | 14 |
| the safety and welfare of the
general public. The operation of | 15 |
| such service stations without a permit
shall be unlawful. The | 16 |
| Office of the State Fire Marshal shall revoke such
permit if | 17 |
| the self service operation of such a service station is found | 18 |
| to
pose a significant risk to the safety and welfare of the | 19 |
| general public.
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| (c) However, except in any county with a population of | 21 |
| 1,000,000 or
more, the Office of the State Fire Marshal shall | 22 |
| not have the
authority to prohibit the operation of a service | 23 |
| station solely on the
basis that it is an unattended | 24 |
| self-service station which utilizes key or
card operated | 25 |
| self-service motor fuel dispensing devices. Nothing
in this | 26 |
| paragraph shall prohibit the Office of the State Fire Marshal |
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| from
adopting reasonable rules and regulations governing the | 2 |
| safety of
self-service motor fuel dispensing devices.
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| (d) The State Fire Marshal shall not prohibit the | 4 |
| dispensing or delivery
of flammable or combustible motor | 5 |
| vehicle fuels directly into the fuel tanks
of vehicles from | 6 |
| tank trucks, tank wagons, or other portable tanks. The
State | 7 |
| Fire Marshal shall adopt rules (i) for the issuance of permits | 8 |
| for the
dispensing of motor vehicle fuels in the manner | 9 |
| described in this paragraph
(d), (ii) that establish fees for | 10 |
| permits and inspections, and provide
for those fees to be | 11 |
| deposited into the Fire Prevention Fund,
(iii) that require the | 12 |
| dispensing of motor fuel in the manner described
in this | 13 |
| paragraph (d) to meet conditions consistent with nationally | 14 |
| recognized
standards such as those of the National Fire | 15 |
| Protection Association, and (iv)
that restrict the dispensing | 16 |
| of motor vehicle fuels in the manner described in
this | 17 |
| paragraph (d) to the following:
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| (A) agriculture sites for agricultural purposes,
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| (B) construction sites for refueling construction | 20 |
| equipment used at the
construction site,
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| (C) sites used for the parking, operation, or | 22 |
| maintenance of a commercial
vehicle fleet, but only if the | 23 |
| site is located in Cook, Lake, McHenry, Kane, DuPage, Will, | 24 |
| Kankakee, Grundy, Kendall, Dekalb, Boone, Ogle, or | 25 |
| Winnebago county
a county with 3,000,000 or
more | 26 |
| inhabitants or a county contiguous to a county with |
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| 3,000,000 or more
inhabitants and the site is not normally | 2 |
| accessible to the public, and
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| (D) sites used for the refueling of police, fire, or | 4 |
| emergency medical
services vehicles or other vehicles that | 5 |
| are owned, leased, or operated by
(or operated under | 6 |
| contract with) the State, a unit of local government, or
a | 7 |
| school district, or any agency of the State and that are | 8 |
| not normally
accessible to the public.
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| (2) (a) The Office of the State Fire Marshal shall adopt | 10 |
| rules and
regulations regarding underground storage tanks and | 11 |
| associated piping and
no municipality or other political | 12 |
| subdivision shall adopt or enforce any
ordinances or | 13 |
| regulations regarding such underground tanks and piping other
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| than those which are identical to the rules and regulations of | 15 |
| the Office
of the State Fire Marshal. It is declared to be the | 16 |
| law of this State,
pursuant to paragraphs (h) and (i) of | 17 |
| Section 6 of Article VII of the
Illinois Constitution, that the | 18 |
| establishment and enforcement of standards
regarding | 19 |
| underground storage tanks and associated piping within the
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| jurisdiction of the Office of the State Fire Marshal is an | 21 |
| exclusive State
function which may not be exercised | 22 |
| concurrently by a home rule unit except as
expressly permitted | 23 |
| in this Act.
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| (b) The Office of the State Fire Marshal may enter into | 25 |
| written contracts
with municipalities of over 500,000 in | 26 |
| population to enforce the rules and
regulations adopted under |
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| this subsection.
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| (3) (a) The Office of the State Fire Marshal shall have | 3 |
| authority over
underground storage tanks which contain, have | 4 |
| contained, or are designed to
contain petroleum, hazardous | 5 |
| substances and regulated substances as those
terms are used in | 6 |
| Subtitle I of the Hazardous and Solid Waste Amendments of
1984 | 7 |
| (P.L. 98-616), as amended by the Superfund Amendments and
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| Reauthorization Act of 1986 (P.L. 99-499). The Office shall | 9 |
| have the
power with regard to underground storage tanks to | 10 |
| require any person who
tests, installs, repairs, replaces, | 11 |
| relines, or removes any underground storage
tank system | 12 |
| containing, formerly containing, or which is designed to | 13 |
| contain
petroleum or other regulated substances, to obtain a | 14 |
| permit to install, repair,
replace, reline, or remove the | 15 |
| particular tank system, and to pay a fee set by
the Office for | 16 |
| a permit to install, repair, replace, reline, upgrade, test, or
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| remove any portion of an underground storage tank system. All | 18 |
| persons who do
repairs above grade level for themselves need | 19 |
| not pay a fee or be certified.
All fees received by the Office | 20 |
| from certification and permits shall be
deposited in the Fire | 21 |
| Prevention Fund for the exclusive use of the Office in
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| administering the Underground Storage Tank program.
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| (b) (i) Within 120 days after the promulgation of | 24 |
| regulations
or amendments thereto by the Administrator of the | 25 |
| United States Environmental
Protection Agency to implement | 26 |
| Section 9003 of Subtitle I of the Hazardous and
Solid Waste |
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| Amendments of 1984 (P.L. 98-616) of the Resource Conservation | 2 |
| and
Recovery Act of 1976 (P.L. 94-580
95-580 ), as amended, the | 3 |
| Office of
the State Fire Marshal shall adopt regulations or | 4 |
| amendments thereto which
are identical in substance. The | 5 |
| rulemaking provisions of Section 5-35 of the
Illinois | 6 |
| Administrative Procedure Act shall not apply to regulations or
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| amendments thereto adopted pursuant to this subparagraph (i).
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| (ii) The Office of the State Fire Marshal may adopt | 9 |
| additional
regulations relating to an underground storage tank | 10 |
| program that are not
inconsistent with and at least as | 11 |
| stringent as Section 9003 of Subtitle I
of the Hazardous and | 12 |
| Solid Waste Amendments of 1984 (P.L. 98-616) of the
Resource | 13 |
| Conservation and Recovery Act of 1976 (P.L. 94-580), as | 14 |
| amended,
or regulations adopted thereunder. Except as provided | 15 |
| otherwise in
subparagraph (i) of this paragraph (b), the Office | 16 |
| of the State Fire
Marshal shall not adopt regulations relating | 17 |
| to corrective action at
underground storage tanks. Regulations | 18 |
| adopted pursuant to this subsection
shall be adopted in | 19 |
| accordance with the procedures for rulemaking in
Section 5-35 | 20 |
| of the Illinois Administrative Procedure Act.
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| (c) The Office of the State Fire Marshal shall require any | 22 |
| person,
corporation or other entity who tests an underground | 23 |
| tank or its piping or
cathodic protection for another to report | 24 |
| the results of such test to the
Office.
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| (d) In accordance with constitutional limitations, the | 26 |
| Office shall have
authority to enter at all reasonable times |
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| upon any private or public
property for the purpose of:
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| (i) Inspecting and investigating to ascertain possible | 3 |
| violations of
this Act, of regulations thereunder or of | 4 |
| permits or terms or conditions
thereof; or
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| (ii) In accordance with the provisions of this Act, | 6 |
| taking whatever
emergency action, that is necessary or | 7 |
| appropriate, to assure that the
public health or safety is | 8 |
| not threatened whenever there is a release or a
substantial | 9 |
| threat of a release of petroleum or a regulated substance | 10 |
| from
an underground storage tank.
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| (e) The Office of the State Fire Marshal may issue an | 12 |
| Administrative Order
to any person who it reasonably believes | 13 |
| has violated the rules and regulations
governing underground | 14 |
| storage tanks, including the installation, repair,
leak | 15 |
| detection, cathodic protection tank testing, removal or | 16 |
| release
notification. Such an order shall be served by | 17 |
| registered or certified
mail or in person. Any person served | 18 |
| with such an order may appeal such
order by submitting in | 19 |
| writing any such appeal to the Office within
10 days of the | 20 |
| date of receipt of such order. The Office shall conduct an
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| administrative hearing governed by the Illinois Administrative | 22 |
| Procedure
Act and enter an order to sustain, modify or revoke | 23 |
| such order. Any appeal
from such order shall be to the circuit | 24 |
| court of the county in which the
violation took place and shall | 25 |
| be governed by the Administrative Review Law.
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| (f) The Office of the State Fire Marshal shall not require |
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| the removal
of an underground tank system taken out of | 2 |
| operation before January 2,
1974, except in the case in which | 3 |
| the office of the State Fire Marshal has
determined that a | 4 |
| release from the underground tank system poses a current
or | 5 |
| potential threat to human health and the environment. In that | 6 |
| case, and
upon receipt of an Order from the Office of the State | 7 |
| Fire Marshal, the
owner or operator of the nonoperational | 8 |
| underground tank system shall
assess the excavation zone and | 9 |
| close the system in accordance with
regulations promulgated by | 10 |
| the Office of the State Fire Marshal.
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| (4) (a) The Office of the State Fire Marshal shall adopt | 12 |
| rules and
regulations regarding aboveground storage tanks and | 13 |
| associated piping and
no municipality or other political | 14 |
| subdivision shall adopt or enforce any
ordinances or | 15 |
| regulations regarding such aboveground tanks and piping other
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| than those which are identical to the rules and regulations of | 17 |
| the Office
of the State Fire Marshal unless, in the interest of | 18 |
| fire safety, the
Office of the State Fire Marshal delegates | 19 |
| such authority to municipalities,
political subdivisions or | 20 |
| home rule units. It is declared to be the law of
this State, | 21 |
| pursuant to paragraphs (h) and (i) of Section 6 of Article VII
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| of the Illinois Constitution, that the establishment of | 23 |
| standards regarding
aboveground storage tanks and associated | 24 |
| piping within the jurisdiction of
the Office of the State Fire | 25 |
| Marshal is an exclusive State function which
may not be | 26 |
| exercised concurrently by a home rule unit except as expressly
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| permitted in this Act.
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| (b) The Office of the State Fire Marshal shall enforce its | 3 |
| rules
and regulations concerning aboveground storage tanks and | 4 |
| associated piping;
however, municipalities may enforce any of | 5 |
| their zoning ordinances or zoning
regulations regarding | 6 |
| aboveground tanks.
The Office of the State Fire Marshal may | 7 |
| issue an administrative order to
any owner of an aboveground | 8 |
| storage tank and associated piping it
reasonably believes to be | 9 |
| in violation of such rules and regulations to
remedy or remove | 10 |
| any such violation. Such an order shall be served by
registered | 11 |
| or certified mail or in person. Any person served with such an
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| order may appeal such order by submitting in writing any such | 13 |
| appeal to
the Office within 10 days of the date of receipt of | 14 |
| such order. The Office
shall conduct an administrative hearing | 15 |
| governed by the Illinois
Administrative Procedure Act and enter | 16 |
| an order to sustain, modify or
revoke such order. Any appeal | 17 |
| from such order shall be to the circuit
court of the county in | 18 |
| which the violation took place and shall be governed
by the | 19 |
| Administrative Review Law.
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| (Source: P.A. 91-851, eff. 1-1-01; 92-618, eff. 7-11-02; | 21 |
| revised 10-9-03.)
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| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.".
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