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90_HB2668ham004
LRB9008765LDdvam04
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 replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Gasoline Storage Act is amended by
9 adding Section 3.5 and amending Section 7 as follows:
10 (430 ILCS 15/3.5 new)
11 Sec. 3.5. Underground Storage Tank Certification.
12 (a) For the purposes of this Section, "petroleum",
13 "petroleum product", "hazardous substance", and "regulated
14 substance" have the meanings ascribed to them in Subtitle I
15 of the Hazardous and Solid Waste Amendments of 1984 (42
16 U.S.C. Sec. 6901 et seq.), as amended by the Superfund
17 Amendments and Reauthorization Act of 1986 (42 U.S.C. Sec.
18 9601 et seq.). "Underground storage tank" has the meaning
19 ascribed to it in Section 4(e) of this Act.
20 (b) The Office of the State Fire Marshal shall certify
21 either that all underground storage tanks in a facility
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1 comply or that one or more tanks in the facility do not
2 comply with the rules adopted by the Office of the State Fire
3 Marshal. The Office of the State Fire Marshal shall affix
4 evidence of compliance or noncompliance to the facility in
5 which the underground storage tank is located.
6 (c) Beginning December 22, 1998, no person, corporation,
7 unit of local government, firm, or other business entity or
8 political subdivision of the State shall knowingly deliver,
9 deposit, fill, or otherwise place any petroleum, petroleum
10 product, hazardous substance, or regulated substance into any
11 underground storage tank in a facility that:
12 (1) does not display evidence that its underground
13 storage tanks are in compliance with the rules of the
14 Office of the State Fire Marshal; or
15 (2) displays evidence that one or more of its
16 underground storage tanks are not in compliance with the
17 rules of the Office of the State Fire Marshal.
18 (d) The Office of the State Fire Marshal shall adopt
19 rules, which may include emergency rules, for certification,
20 evidence of compliance or noncompliance, and expiration
21 dates and intervals for reissuance.
22 (430 ILCS 15/7) (from Ch. 127 1/2, par. 159)
23 Sec. 7. (a) A violation of:
24 (1) paragraph (a) or (b) of subsection (3) of Section 2
25 of this Act is a business offense punishable by a fine of not
26 more than $10,000 per day;
27 (2) paragraph (c) of subsection (3) of Section 2 is a
28 petty offense punishable by a fine of not less than $100 nor
29 more than $500 per tank tested;
30 (3) Sections 4 and 5 of this Act is a business offense
31 punishable by a fine of not more than $10,000 per day;
32 (3.5) Section 3.5 of this Act is a business offense
33 punishable by fine of not more than $10,000 per offense;
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1 (4) an administrative order as described in paragraph
2 (e) of subsection (3) of Section 2, paragraph (b) of
3 subsection (4) of Section 2 or subsection (c) of Section 6
4 after it has become final is a business offense punishable by
5 a fine of not less than $1,000 nor more than $25,000 per day;
6 (5) any other rule promulgated by the Office of the
7 State Fire Marshal is a business offense punishable by a fine
8 of not less than $100 nor more than $1,000 for each offense
9 or each day of continued violation.
10 (b) The State Fire Marshal may suspend or revoke the
11 registration of any person who has violated the rules of the
12 State Fire Marshal after notice and opportunity for an
13 Administrative hearing which shall be governed by the
14 Illinois Administrative Procedure Act. Any appeal from such
15 suspension or revocation shall be to the circuit court of the
16 county in which the hearing was held and be governed by the
17 Administrative Review Law.
18 (c) A civil action to recover such fines may be brought
19 by the Attorney General or the State's Attorney of the county
20 in which the violation occurred.
21 (d) Any monies received by the State under this Section
22 shall be deposited into the Underground Storage Tank Fund.
23 (Source: P.A. 87-323.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.".