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90_HB2668ham002
LRB9008765ACfgam01
1 AMENDMENT TO HOUSE BILL 2668
2 AMENDMENT NO. . Amend House Bill 2668 AS AMENDED, by
3 replacing the title with the following:
4 "AN ACT in relation to underground storage tanks,
5 amending named Acts."; and
6 by inserting after the end of Section 5 the following:
7 "Section 10. The Gasoline Storage Act is amended by
8 adding Section 3.5 and amending Section 7 as follows:
9 (430 ILCS 15/3.5 new)
10 Sec. 3.5. Underground Storage Tank Certification.
11 (a) For the purposes of this Section, "petroleum",
12 "petroleum product", "hazardous substance", and "regulated
13 substance" have the meanings ascribed to them in Subtitle I
14 of the Hazardous and Solid Waste Amendments of 1984 (42
15 U.S.C. Sec. 6901 et seq.), as amended by the Superfund
16 Amendments and Reauthorization Act of 1986 (42 U.S.C. Sec.
17 9601 et seq.). "Underground storage tank" has the meaning
18 ascribed to it in Section 4(e) of this Act.
19 (b) The Office of the State Fire Marshal shall certify
20 either that all underground storage tanks in a facility
21 comply or that one or more tanks in the facility do not
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1 comply with the rules adopted by the Office of the State Fire
2 Marshal. The Office of the State Fire Marshal shall affix
3 evidence of compliance or noncompliance to the facility in
4 which the underground storage tank is located.
5 (c) Beginning December 1, 1998, no person, corporation,
6 unit of local government, firm, or other business entity or
7 political subdivision of the State shall knowingly deliver,
8 deposit, fill, or otherwise place any petroleum, petroleum
9 product, hazardous substance, or regulated substance into any
10 underground storage tank in a facility that:
11 (1) does not display evidence that its underground
12 storage tanks are in compliance with the rules of the
13 Office of the State Fire Marshal; or
14 (2) displays evidence that one or more of its
15 underground storage tanks are not in compliance with the
16 rules of the Office of the State Fire Marshal.
17 (d) The Office of the State Fire Marshal shall adopt
18 rules, which may include emergency rules, for certification,
19 evidence of compliance or noncompliance, fees for issuance,
20 and expiration dates and intervals for reissuance.
21 (430 ILCS 15/7) (from Ch. 127 1/2, par. 159)
22 Sec. 7. (a) A violation of:
23 (1) paragraph (a) or (b) of subsection (3) of Section 2
24 of this Act is a business offense punishable by a fine of not
25 more than $10,000 per day;
26 (2) paragraph (c) of subsection (3) of Section 2 is a
27 petty offense punishable by a fine of not less than $100 nor
28 more than $500 per tank tested;
29 (3) Sections 4 and 5 of this Act is a business offense
30 punishable by a fine of not more than $10,000 per day;
31 (3.5) Section 3.5 of this Act is a business offense
32 punishable by fine of not more than $10,000 per offense;
33 (4) an administrative order as described in paragraph
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1 (e) of subsection (3) of Section 2, paragraph (b) of
2 subsection (4) of Section 2 or subsection (c) of Section 6
3 after it has become final is a business offense punishable by
4 a fine of not less than $1,000 nor more than $25,000 per day;
5 (5) any other rule promulgated by the Office of the
6 State Fire Marshal is a business offense punishable by a fine
7 of not less than $100 nor more than $1,000 for each offense
8 or each day of continued violation.
9 (b) The State Fire Marshal may suspend or revoke the
10 registration of any person who has violated the rules of the
11 State Fire Marshal after notice and opportunity for an
12 Administrative hearing which shall be governed by the
13 Illinois Administrative Procedure Act. Any appeal from such
14 suspension or revocation shall be to the circuit court of the
15 county in which the hearing was held and be governed by the
16 Administrative Review Law.
17 (c) A civil action to recover such fines may be brought
18 by the Attorney General or the State's Attorney of the county
19 in which the violation occurred.
20 (d) Any monies received by the State under this Section
21 shall be deposited into the Underground Storage Tank Fund.
22 (Source: P.A. 87-323.)".