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92_HB1815eng HB1815 Engrossed LRB9205574LBmb 1 AN ACT concerning the regulation of professions. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Petroleum Equipment Contractors Licensing Act. 6 Section 5. Definitions. For the purposes of this Act: 7 "Employee" means a licensee or a person who is currently 8 employed by a contractor licensed under this Act whose full 9 or part-time duties include any activity specified in Section 10 35 of this Act. 11 "Person" means a natural person or any company, 12 corporation, or other business entity. 13 "Petroleum equipment contractor" means a person, company, 14 or corporation that installs, repairs, or removes underground 15 storage tanks. 16 Section 10. Licensure requirement; injunction. 17 Beginning 6 months after the effective date of this Act, no 18 person, firm, association, or corporation shall act as a 19 petroleum equipment contractor or employee, advertise or 20 assume to act as a petroleum equipment contractor or 21 employee, or use any title implying that the person, firm, 22 association, or corporation is engaged in such practice or 23 occupation, unless licensed by the State Fire Marshal. 24 The State Fire Marshal, in the name of the People, 25 through the Attorney General, the State's Attorney of any 26 county, any resident of the State, or any legal entity within 27 the State may apply for injunctive relief in any court to 28 enjoin a person who has not been issued a license or whose 29 license has been suspended, revoked, or not renewed, from 30 practicing as a petroleum equipment contractor, and, upon the HB1815 Engrossed -2- LRB9205574LBmb 1 filing of a verified petition, the court, if satisfied by 2 affidavit or otherwise that the person is or has been 3 practicing in violation of this Act, may enter a temporary 4 restraining order or preliminary injunction, without bond, 5 enjoining the defendant from further activity. A copy of the 6 verified complaint shall be served upon the defendant and the 7 proceedings shall be conducted as in other civil cases. If 8 it is established that the defendant has been, or is 9 practicing in violation of this Act, the court may enter a 10 judgment perpetually enjoining the defendant from any further 11 unlicensed activity. In the case of violation of any 12 injunctive order or judgment entered under the provisions of 13 this Section, the court may summarily try and punish the 14 offender for contempt of court. Such injunctive proceeding 15 shall be in addition to all penalties and other remedies in 16 this Act. 17 Section 15. Deposit of fees. All fees collected 18 pursuant to this Act shall be deposited into the Fire 19 Prevention Fund. 20 Section 25. Rules; report. The State Fire Marshal shall 21 promulgate rules consistent with the provisions of this Act 22 for the administration and enforcement of this Act and may 23 prescribe forms that shall be issued in connection with the 24 rules promulgated under this Act. The rules shall include 25 standards and criteria for registration, professional 26 conduct, and discipline. 27 Section 30. Investigators. The State Fire Marshal may 28 employ, in conformity with the Personnel Code, the 29 professional, technical, investigative, or clerical help that 30 may be necessary for the enforcement of this Act. Each 31 investigator shall have a minimum of 2 years investigative HB1815 Engrossed -3- LRB9205574LBmb 1 experience out of the preceding 5 years. 2 An investigator may not hold an active license issued 3 pursuant to this Act or have any fiduciary interest in any 4 business licensed under this Act. This prohibition does not 5 prohibit the investigator from holding stock in a publicly 6 traded business licensed or regulated under this Act, 7 provided that the investigator does not hold more than 5% of 8 the stock of the business. 9 Section 35. Licensure qualifications and fees. 10 (a) Applicants for a license must submit to the Office 11 all of the following: 12 (1) fees as established by the Office; 13 (2) evidence of registration as an Illinois 14 corporation or evidence of compliance with the Assumed 15 Business Name Act; 16 (3) evidence of financial responsibility in a 17 minimum amount of $1,000,000 through liability insurance, 18 self-insurance, group insurance, group self-insurance, or 19 risk retention groups that must include completed 20 operations and environmental impairment; and 21 (4) evidence of compliance with the qualifications 22 and standards established by the Office. 23 (b) The contractor must possess a license from the 24 Office to perform the following types of activity: 25 (1) installation of underground storage tanks; 26 (2) repair of USTs, which shall include 27 retrofitting and installation of cathodic protection 28 systems; 29 (3) decommissioning of USTs including abandonment 30 in place; 31 (4) relining of USTs; 32 (5) tank and piping tightness testing; 33 (6) testing of cathodic protection systems; and HB1815 Engrossed -4- LRB9205574LBmb 1 (7) any other category established by the Office of 2 the State Fire Marshal. 3 (c) The Office of the Fire Marshal shall adopt rules 4 outlining the minimum amount of training required for 5 personnel engaged in Underground Storage Tank activity 6 regulated under this Act. 7 Section 40. Application. Each application for a license 8 to practice under this Act shall be in writing and signed by 9 the applicant on forms provided by the Office of the State 10 Fire Marshal. 11 Section 45. Issuance of license; renewal. 12 (a) The State Fire Marshal shall, upon the applicant's 13 satisfactory completion of the requirements authorized under 14 this Act, and upon receipt of the requisite fees, issue the 15 appropriate license and wallet card showing the name and 16 business location of the licensee, the dates of issuance and 17 expiration, and shall contain a photograph of the licensee 18 provided to the State Fire Marshal. 19 (b) Each licensee may apply for renewal of his or her 20 license upon payment of the requisite fee. The expiration 21 date and renewal period for each license issued under this 22 Act shall be set by rule. Failure to renew within 60 days of 23 the date shall cause the license to lapse. A lapsed license 24 may not be reinstated until a written application is filed, 25 the renewal fee is paid, and a $50 reinstatement fee is paid. 26 The renewal and reinstatement fees shall be waived for 27 persons who did not renew while on active duty in the 28 military and who file for renewal or restoration within one 29 year after discharge from the active duty service. 30 (c) All fees paid pursuant to this Act are 31 non-refundable. HB1815 Engrossed -5- LRB9205574LBmb 1 Section 50. Returned checks. Any person who on 2 2 occasions issues or delivers a check or other order to the 3 State Fire Marshal that is not honored by the financial 4 institution upon which it is drawn because of insufficient 5 funds in his or her account, shall pay to the State Fire 6 Marshal, in addition to the amount owing upon the check or 7 other order, a fee of $50. If the check or other order was 8 issued or delivered in payment of a renewal fee and the 9 licensee whose license has lapsed continues to practice 10 without paying the renewal fee and the $50 fee required under 11 this Section, an additional fee of $100 shall be imposed for 12 practicing without a current license. The State Fire Marshal 13 shall notify the licensee whose license has lapsed within 30 14 days after the discovery by the State Fire Marshal that the 15 licensee is practicing without a current license, that the 16 person is acting as a petroleum equipment contractor or 17 employee, as the case may be, without a license, and the 18 amount due to the State Fire Marshal, which shall include the 19 lapsed renewal fee and all other fees required by this 20 Section. If after the expiration of 30 days from the date of 21 such notification, the licensee whose license has lapsed 22 seeks a current license, he or she shall apply to the State 23 Fire Marshal for reinstatement of the license and pay all 24 fees due to the State Fire Marshal. The State Fire Marshal 25 may establish a fee for the processing of an application for 26 reinstatement of a license that allows the State Fire Marshal 27 to pay all costs and expenses incident to the processing of 28 this application. The State Fire Marshal may waive the fees 29 due under this Section in individual cases where he or she 30 finds that the fees would be unreasonable or unnecessarily 31 burdensome. 32 Section 60. License renewal; display of license; 33 inspection. HB1815 Engrossed -6- LRB9205574LBmb 1 (a) As a condition of renewal of a license, the State 2 Fire Marshal may require the licensee to report information 3 pertaining to his or her practice that the State Fire Marshal 4 determines to be in the interest of public safety. 5 (b) A licensee shall report a change in home or office 6 address within 10 days. 7 (c) Each licensee shall prominently display his or her 8 license to practice at each place from which the practice is 9 being performed. If more than one location is used, branch 10 office certificates shall be issued upon payment of the fees 11 to be established by the State Fire Marshal. Each employee 12 shall carry on his or her person a wallet card issued by the 13 State Fire Marshal. 14 (d) If a license or certificate is lost, a duplicate 15 shall be issued upon payment of the required fee to be 16 established by the State Fire Marshal. If a licensee wishes 17 to change his or her name, the State Fire Marshal shall issue 18 a license in the new name upon payment of the required fee 19 and upon receipt of satisfactory proof that the change was 20 done in accordance with law. 21 (e) Each licensee shall permit his or her facilities to 22 be inspected by representatives of the Office of the State 23 Fire Marshal. 24 Section 65. Disciplinary actions. Licensees shall be 25 subject to disciplinary action for any of the following: 26 (1) obtaining or renewing a license by the use of 27 fraud or material deception; 28 (2) being professionally incompetent as manifested 29 by poor standards of service; 30 (3) engaging in dishonorable, unethical, or 31 unprofessional conduct of a character likely to deceive, 32 defraud, or harm the public in the course of professional 33 services or activities; HB1815 Engrossed -7- LRB9205574LBmb 1 (4) being convicted of a crime that has a 2 substantial relationship to his or her practice or an 3 essential element of which is misstatement, fraud, or 4 dishonesty, being convicted in this or another state of 5 any crime that is a felony under the laws of Illinois or 6 of that state, or being convicted of a felony in a 7 federal court, unless the licensee demonstrates that he 8 or she has been sufficiently rehabilitated to warrant the 9 public trust; 10 (5) performing any service in a grossly negligent 11 manner or permitting any licensed employee to perform 12 services in a grossly negligent manner, regardless of 13 whether actual damage or damage to the public is 14 established; 15 (6) being a habitual drunk or having a habitual 16 addiction to the use of morphine, cocaine, controlled 17 substances, or other habit-forming drugs; 18 (7) willfully receiving compensation, directly or 19 indirectly, for any professional service not actually 20 rendered; 21 (8) having disciplinary action taken against his or 22 her license in another State; 23 (9) contracting or assisting unlicensed persons to 24 perform services for which a license is required under 25 this Act; 26 (10) permitting the use of his or her license to 27 enable an unlicensed person or agency to operate as a 28 licensee; 29 (11) performing and charging for services without 30 having authorization to do so from the member of the 31 public being served; or 32 (12) failing to comply with any provision of this 33 Act or the rules adopted under this Act. HB1815 Engrossed -8- LRB9205574LBmb 1 Section 70. Complaints. All complaints concerning 2 violations regarding licensees or unlicensed activity shall 3 be received and logged by the State Fire Marshal. 4 Section 75. Formal charges; hearings. 5 (a) Following the investigative process, the State Fire 6 Marshal may file formal charges against the licensee. The 7 formal charges shall, at a minimum, inform the licensee of 8 the facts that comprise the basis of the charge and that are 9 specific enough to enable the licensee to defend himself or 10 herself. 11 (b) Each licensee whose conduct is the subject of a 12 formal charge that seeks to impose disciplinary action 13 against the licensee shall be served notice of the formal 14 charge at least 30 days before the date of the hearing, which 15 shall be presided over by a hearing officer authorized by the 16 State Fire Marshal. Service shall be considered to have been 17 given if the notice was personally received by the licensee 18 or if the notice was sent by certified mail, return receipt 19 requested, to the licensee at the licensee's last known 20 address as listed with the State Fire Marshal. 21 (c) The notice of formal charges shall inform the 22 licensee (i) of the time, date, and place of the hearing; 23 (ii) that the licensee shall appear personally at the hearing 24 and may be represented by counsel; (iii) that the licensee 25 shall have the right to produce witnesses and evidence in his 26 or her behalf and shall have the right to cross-examine 27 witnesses and examine evidence produced against him or her; 28 (iv) that the hearing could result in disciplinary action 29 being taken against his or her license; (v) that rules for 30 the conduct of these hearings exist and it may be in the 31 licensee's best interest to obtain a copy; (vi) that a 32 hearing officer authorized by the State Fire Marshal shall 33 preside at the hearing and following the conclusion of the HB1815 Engrossed -9- LRB9205574LBmb 1 hearing shall make findings of fact, conclusions of law, and 2 recommendations to the State Fire Marshal as to what 3 disciplinary action, if any, should be imposed on the 4 licensee; and (vii) that the State Fire Marshal may continue 5 the hearing. 6 (d) The hearing officer authorized by the State Fire 7 Marshal shall hear the evidence produced in support of the 8 formal charges and any contrary evidence produced by the 9 licensee. At the conclusion of the hearing, the hearing 10 officer shall make findings of fact, conclusions of law, and 11 recommendations and submit them to the State Fire Marshal and 12 to all parties to the proceeding. Submission to the licensee 13 shall be considered as having been made if done in a similar 14 fashion as service of the notice of formal charges. Within 15 20 days after such service, any party to the proceeding may 16 present to the State Fire Marshal a motion, in writing, for a 17 rehearing that specifies the grounds for rehearing. 18 (e) The State Fire Marshal, following the time allowed 19 for filing a motion for rehearing, shall review the hearing 20 officer's findings of fact, conclusions of law, and 21 recommendations and any motions filed subsequent to the 22 findings, conclusions, and recommendations. After reviewing 23 this information, the State Fire Marshal may hear oral 24 arguments, prior to issuing an order. The report of findings 25 of fact, conclusions of law, and recommendations of the 26 hearing officer shall be the basis for the State Fire 27 Marshal's order. 28 If the State Fire Marshal finds that substantial justice 29 was not done, he or she may issue an order in contravention 30 to the findings of fact, conclusions of law, and 31 recommendations of the hearing officer. The finding is not 32 admissible in evidence against the person in a criminal 33 prosecution brought for the violation of this Act. 34 (f) All proceedings pursuant to this Section are matters HB1815 Engrossed -10- LRB9205574LBmb 1 of public record and shall be preserved. 2 Section 80. Sanctions. 3 (a) The State Fire Marshal shall impose any of the 4 following sanctions, singly or in combination, when he or she 5 finds that a licensee is guilty of any offense described in 6 Section 65: 7 (1) revocation; 8 (2) suspension for any period of time; 9 (3) reprimand or censure; 10 (4) placement on probationary status and 11 requirement that the licensee submit any of the 12 following: 13 (A) report regularly to the State Fire Marshal 14 upon matters that are the basis of the probation; 15 (B) continue or renew professional education 16 until a satisfactory degree of skill has been 17 attained in those areas that are the basis of the 18 probation; or 19 (C) any other reasonable requirements or 20 restrictions as are proper; 21 (5) refusal to issue, renew, or restore; or 22 (6) revocation of probation that has been granted 23 and imposition of any other discipline in this subsection 24 (a) when the requirements of probation have not been 25 fulfilled or have been violated. 26 (b) The State Fire Marshal may summarily suspend a 27 license under this Act, without a hearing, simultaneously 28 with the filing of a formal complaint and notice for a 29 hearing, if the State Fire Marshal finds that the continued 30 operations of the individual would constitute an immediate 31 danger to the public. In the event the State Fire Marshal 32 suspends a license under this subsection, a hearing by the 33 hearing officer designated by the State Fire Marshal shall be HB1815 Engrossed -11- LRB9205574LBmb 1 held within 20 days after the suspension begins, unless 2 continued at the request of the licensee. 3 (c) Disposition may be made of any formal complaint by 4 consent order between the State Fire Marshal and the 5 licensee. 6 (d) The State Fire Marshal shall reinstate a license to 7 good standing under this Act, upon recommendation to the 8 State Fire Marshal, after a hearing before the hearing 9 officer authorized by the State Fire Marshal. The State Fire 10 Marshal shall be satisfied that the applicant's renewed 11 practice is not contrary to the public interest. 12 (e) The State Fire Marshal may conduct hearings and 13 issue cease and desist orders to persons who engage in 14 activities prohibited by this Act without having a valid 15 license, certificate, or registration. Any person in 16 violation of a cease and desist order entered by the State 17 Fire Marshal shall be subject to all of the remedies provided 18 by law and, in addition, shall be subject to a civil penalty 19 payable to the party injured by the violation. 20 (f) The State Fire Marshal shall seek to achieve 21 consistency in the application of the foregoing sanctions and 22 consent orders and significant departure from prior decisions 23 involving similar conduct shall be explained in the State 24 Fire Marshal's orders. 25 (g) Upon the suspension or revocation of a license 26 issued under this Act, a licensee shall surrender the license 27 to the State Fire Marshal and, upon failure to do so, the 28 State Fire Marshal shall seize the same. 29 (g-5) Any person, business, or corporation whose license 30 has been revoked under the provisions of this Act is 31 prohibited, for a period of 2 years from the date of 32 revocation, from owning more than 7 1/2% of a business or 33 corporation licensed under this Act. 34 (h) The State Fire Marshal may refuse to issue or may HB1815 Engrossed -12- LRB9205574LBmb 1 suspend the license of any person who fails to file a return, 2 to pay the tax, penalty, or interest shown in a filed return, 3 or to pay any final assessment of tax, penalty, or interest, 4 as required by any tax Act administered by the Illinois 5 Department of Revenue, until the time that the requirements 6 of any such tax Act are satisfied. 7 Section 85. Depositions; witnesses; judicial review. 8 (a) The State Fire Marshal has the power to subpoena and 9 bring before him or her any person in this State and to take 10 testimony either orally or by deposition, or both, with the 11 same fees and mileage and in the same manner as is prescribed 12 by law for judicial proceedings in civil cases. The State 13 Fire Marshal and the hearing officer approved by the State 14 Fire Marshal have the power to administer oaths at any 15 hearing that the State Fire Marshal is authorized to conduct. 16 (b) A circuit court, upon the application of the 17 licensee or the State Fire Marshal, may order the attendance 18 of witnesses and the production of relevant books and papers 19 in any hearing conducted pursuant to this Act. The court may 20 compel obedience to its order by proceedings for contempt. 21 (c) The State Fire Marshal, at the Office's expense, 22 shall provide a stenographer or a mechanical recording 23 device to record the testimony and preserve a record of all 24 proceedings at the hearing of any case wherein a license may 25 be revoked, suspended, placed on probationary status, or 26 other disciplinary action taken with regard to the license. 27 The notice of hearing, the complaint, and all other documents 28 in the nature of pleadings and written motions filed in the 29 proceedings, the transcript of testimony, the report of the 30 hearing officer, and the orders of the State Fire Marshal 31 constitute the record of the proceedings. The State Fire 32 Marshal shall furnish a transcript of the record to any 33 interested person upon payment of the costs of copying and HB1815 Engrossed -13- LRB9205574LBmb 1 transmitting the record. 2 (d) All final administrative decisions of the State Fire 3 Marshal are subject to judicial review pursuant to the 4 provisions of the Administrative Review Law and the rules 5 adopted pursuant thereto. Proceedings for judicial review 6 shall be commenced in the Circuit Court of the county in 7 which the party applying for review resides. If the party 8 applying for review is not a resident of Illinois, the venue 9 shall be in Sangamon County. The State Fire Marshal shall not 10 be required to certify any record to the court, file any 11 answer in court, or otherwise appear in any court in a 12 judicial review proceeding, unless there is filed in the 13 court with the complaint a receipt from the State Fire 14 Marshal acknowledging payment of the costs of furnishing and 15 certifying the record, which costs shall be computed at the 16 cost of preparing such record. Exhibits shall be certified 17 without cost. Failure on the part of the licensee to file 18 the receipt in court shall be grounds for dismissal of the 19 action. 20 During all judicial proceedings incident to disciplinary 21 action, the sanctions imposed upon the accused by the State 22 Fire Marshal shall remain in effect, unless the court feels 23 justice requires a stay of the order. 24 Section 90. Order; prima facie proof. An order or a 25 certified copy of an order, bearing the seal of the State 26 Fire Marshal and purporting to be signed by the State Fire 27 Marshal, is prima facie proof that: 28 (1) the signature is that of the State Fire 29 Marshal; 30 (2) the State Fire Marshal is qualified to act; and 31 (3) the hearing officer is qualified to act on 32 behalf of the State Fire Marshal. 33 Such proof may be rebutted. HB1815 Engrossed -14- LRB9205574LBmb 1 Section 95. Publication of records. The State Fire 2 Marshal shall, upon request, publish a list of the names and 3 addresses of all licensees under the provisions of this Act. 4 Section 100. Criminal penalties. A person who violates 5 any of the provisions of this Act shall be guilty of a Class 6 A misdemeanor for the first offense and shall be guilty of a 7 Class 4 felony for a second or subsequent offense. 8 Section 105. Home rule. The regulation and licensing of 9 petroleum equipment contractors are exclusive powers and 10 functions of the State. A home rule unit may not regulate or 11 license petroleum equipment contractors. This Section is a 12 denial and limitation of home rule powers and functions under 13 subsection (h) of Section 6 of Article VII of the Illinois 14 Constitution. However, nothing in this Act shall limit the 15 authority of the Office of the State Fire Marshal and a 16 municipality with a population over 500,000 to enter into 17 contracts pursuant to paragraph (b) of subsection (2) of 18 Section 2 of the Gasoline Storage Act. 19 Section 900. The Regulatory Sunset Act is amended by 20 adding Section 4.22 as follows: 21 (5 ILCS 80/4.22 new) 22 Sec. 4.22. Act repealed on January 1, 2012. The 23 following Act is repealed on January 1, 2012: 24 The Petroleum Equipment Contractors Licensing Act. 25 Section 905. The Gasoline Storage Act is amended by 26 changing Sections 2 and 7 as follows: 27 (430 ILCS 15/2) (from Ch. 127 1/2, par. 154) HB1815 Engrossed -15- LRB9205574LBmb 1 Sec. 2. Jurisdiction; regulation of tanks. 2 (1) (a) Except as otherwise provided in this Act, the 3 jurisdiction of the Office of the State Fire Marshal under 4 this Act shall be concurrent with that of municipalities and 5 other political subdivisions. The Office of the State Fire 6 Marshal has power to promulgate, pursuant to the Illinois 7 Administrative Procedure Act, reasonable rules and 8 regulations governing the keeping, storage, transportation, 9 sale or use of gasoline and volatile oils, including rules10requiring that underground storage tank contractors file a11bond or a certificate of insurance with the State Fire12Marshal, and rules governing the dismantling of abandoned13bulk storage plants. Nothing in this Act shall relieve any 14 person, corporation, or other entity from complying with any 15 zoning ordinance of a municipality or home rule unit enacted 16 pursuant to Section 11-13-1 of the Illinois Municipal Code or 17 any ordinance enacted pursuant to Section 11-8-4 of the 18 Illinois Municipal Code. 19 (b) The rulemaking power shall include the power to 20 promulgate rules providing for the issuance and revocation of 21 permits allowing the self service dispensing of motor fuels 22 as such term is defined in the Motor Fuel Tax Law in retail 23 service stations or any other place of business where motor 24 fuels are dispensed into the fuel tanks of motor vehicles, 25 internal combustion engines or portable containers. Such 26 rules shall specify the requirements that must be met both 27 prior and subsequent to the issuance of such permits in order 28 to insure the safety and welfare of the general public. The 29 operation of such service stations without a permit shall be 30 unlawful. The Office of the State Fire Marshal shall revoke 31 such permit if the self service operation of such a service 32 station is found to pose a significant risk to the safety and 33 welfare of the general public. 34 (c) However, except in any county with a population of HB1815 Engrossed -16- LRB9205574LBmb 1 1,000,000 or more, the Office of the State Fire Marshal shall 2 not have the authority to prohibit the operation of a service 3 station solely on the basis that it is an unattended 4 self-service station which utilizes key or card operated 5 self-service motor fuel dispensing devices. Nothing in this 6 paragraph shall prohibit the Office of the State Fire Marshal 7 from adopting reasonable rules and regulations governing the 8 safety of self-service motor fuel dispensing devices. 9 (d) The State Fire Marshal shall not prohibit the 10 dispensing or delivery of flammable or combustible motor 11 vehicle fuels directly into the fuel tanks of vehicles from 12 tank trucks, tank wagons, or other portable tanks. The State 13 Fire Marshal shall adopt rules (i) for the issuance of 14 permits for the dispensing of motor vehicle fuels in the 15 manner described in this paragraph (d), (ii) that establish 16 fees for permits and inspections, and provide for those fees 17 to be deposited into the Fire Prevention Fund, (iii) that 18 require the dispensing of motor fuel in the manner described 19 in this paragraph (d) to meet conditions consistent with 20 nationally recognized standards such as those of the 21 National Fire Protection Association, and (iv) that restrict 22 the dispensing of motor vehicle fuels in the manner described 23 in this paragraph (d) to the following: 24 (A) agriculture sites for agricultural purposes, 25 (B) construction sites for refueling construction 26 equipment used at the construction site, 27 (C) sites used for the parking, operation, or 28 maintenance of a commercial vehicle fleet, but only if 29 the site is located in a county with 3,000,000 or more 30 inhabitants or a county contiguous to a county with 31 3,000,000 or more inhabitants and the site is not 32 normally accessible to the public, and 33 (D) sites used for the refueling of police, fire, 34 or emergency medical services vehicles or other vehicles HB1815 Engrossed -17- LRB9205574LBmb 1 that are owned, leased, or operated by (or operated under 2 contract with) the State, a unit of local government, or 3 a school district, or any agency of the State and that 4 are not normally accessible to the public. 5 (2) (a) The Office of the State Fire Marshal shall adopt 6 rules and regulations regarding underground storage tanks and 7 associated piping and no municipality or other political 8 subdivision shall adopt or enforce any ordinances or 9 regulations regarding such underground tanks and piping other 10 than those which are identical to the rules and regulations 11 of the Office of the State Fire Marshal. It is declared to 12 be the law of this State, pursuant to paragraphs (h) and (i) 13 of Section 6 of Article VII of the Illinois Constitution, 14 that the establishment and enforcement of standards regarding 15 underground storage tanks and associated piping within the 16 jurisdiction of the Office of the State Fire Marshal is an 17 exclusive State function which may not be exercised 18 concurrently by a home rule unit except as expressly 19 permitted in this Act. 20 (b) The Office of the State Fire Marshal may enter into 21 written contracts with municipalities of over 500,000 in 22 population to enforce the rules and regulations adopted under 23 this subsection. 24 (3) (a) The Office of the State Fire Marshal shall have 25 authority over underground storage tanks which contain, have 26 contained, or are designed to contain petroleum, hazardous 27 substances and regulated substances as those terms are used 28 in Subtitle I of the Hazardous and Solid Waste Amendments of 29 1984 (P.L. 98-616), as amended by the Superfund Amendments 30 and Reauthorization Act of 1986 (P.L. 99-499). The Office 31 shall have the power with regard to underground storage tanks 32 to require any person who tests, installs, repairs, replaces, 33 relines, or removes any underground storage tank system 34 containing, formerly containing, or which is designed to HB1815 Engrossed -18- LRB9205574LBmb 1 contain petroleum or other regulated substancesto be2certified to perform that activity, to obtain a permit to 3 install, repair, replace, reline, or remove the particular 4 tank system,to pay an annual certification fee of $100 per5year,and to pay a fee set by the Officeof $100 per sitefor 6 a permit to install, repair, replace, reline, upgrade, test, 7 or remove any portion of an underground storage tank system. 8 All persons who do repairs above grade level for themselves 9 need not pay a fee or be certified. All fees received by the 10 Office from certification and permits shall be deposited in 11 the Fire Prevention Fund for the exclusive use of the Office 12 in administering the Underground Storage Tank program. 13 (b) (i) Within 120 days after the promulgation of 14 regulations or amendments thereto by the Administrator of the 15 United States Environmental Protection Agency to implement 16 Section 9003 of Subtitle I of the Hazardous and Solid Waste 17 Amendments of 1984 (P.L. 98-616) of the Resource Conservation 18 and Recovery Act of 1976 (P.L. 95-580), as amended, the 19 Office of the State Fire Marshal shall adopt regulations or 20 amendments thereto which are identical in substance. The 21 rulemaking provisions of Section 5-35 of the Illinois 22 Administrative Procedure Act shall not apply to regulations 23 or amendments thereto adopted pursuant to this subparagraph 24 (i). 25 (ii) The Office of the State Fire Marshal may adopt 26 additional regulations relating to an underground storage 27 tank program that are not inconsistent with and at least as 28 stringent as Section 9003 of Subtitle I of the Hazardous and 29 Solid Waste Amendments of 1984 (P.L. 98-616) of the Resource 30 Conservation and Recovery Act of 1976 (P.L. 94-580), as 31 amended, or regulations adopted thereunder. Except as 32 provided otherwise in subparagraph (i) of this paragraph (b), 33 the Office of the State Fire Marshal shall not adopt 34 regulations relating to corrective action at underground HB1815 Engrossed -19- LRB9205574LBmb 1 storage tanks. Regulations adopted pursuant to this 2 subsection shall be adopted in accordance with the procedures 3 for rulemaking in Section 5-35 of the Illinois Administrative 4 Procedure Act. 5 (c) The Office of the State Fire Marshal shall require 6 any person, corporation or other entity who tests an 7 underground tank or its piping or cathodic protection for 8 another, except a lessor for his or her lessee, to register9with the Office, and pay an annual registration fee of $100,10to be deposited in the Fire Prevention Fund, andto report 11 the results of such test to the Office. 12 (d) In accordance with constitutional limitations, the 13 Office shall have authority to enter at all reasonable times 14 upon any private or public property for the purpose of: 15 (i) Inspecting and investigating to ascertain 16 possible violations of this Act, of regulations 17 thereunder or of permits or terms or conditions thereof; 18 or 19 (ii) In accordance with the provisions of this Act, 20 taking whatever emergency action, that is necessary or 21 appropriate, to assure that the public health or safety 22 is not threatened whenever there is a release or a 23 substantial threat of a release of petroleum or a 24 regulated substance from an underground storage tank. 25 (e) The Office of the State Fire Marshal may issue an 26 Administrative Order to any person who it reasonably believes 27 has violated the rules and regulations governing underground 28 storage tanks, including the installation, repair, leak 29 detection, cathodic protection tank testing, removal or 30 release notification. Such an order shall be served by 31 registered or certified mail or in person. Any person served 32 with such an order may appeal such order by submitting in 33 writing any such appeal to the Office within 10 days of the 34 date of receipt of such order. The Office shall conduct an HB1815 Engrossed -20- LRB9205574LBmb 1 administrative hearing governed by the Illinois 2 Administrative Procedure Act and enter an order to sustain, 3 modify or revoke such order. Any appeal from such order shall 4 be to the circuit court of the county in which the violation 5 took place and shall be governed by the Administrative Review 6 Law. 7 (f) The Office of the State Fire Marshal shall not 8 require the removal of an underground tank system taken out 9 of operation before January 2, 1974, except in the case in 10 which the office of the State Fire Marshal has determined 11 that a release from the underground tank system poses a 12 current or potential threat to human health and the 13 environment. In that case, and upon receipt of an Order from 14 the Office of the State Fire Marshal, the owner or operator 15 of the nonoperational underground tank system shall assess 16 the excavation zone and close the system in accordance with 17 regulations promulgated by the Office of the State Fire 18 Marshal. 19 (4) (a) The Office of the State Fire Marshal shall adopt 20 rules and regulations regarding aboveground storage tanks and 21 associated piping and no municipality or other political 22 subdivision shall adopt or enforce any ordinances or 23 regulations regarding such aboveground tanks and piping other 24 than those which are identical to the rules and regulations 25 of the Office of the State Fire Marshal unless, in the 26 interest of fire safety, the Office of the State Fire Marshal 27 delegates such authority to municipalities, political 28 subdivisions or home rule units. It is declared to be the 29 law of this State, pursuant to paragraphs (h) and (i) of 30 Section 6 of Article VII of the Illinois Constitution, that 31 the establishment of standards regarding aboveground storage 32 tanks and associated piping within the jurisdiction of the 33 Office of the State Fire Marshal is an exclusive State 34 function which may not be exercised concurrently by a home HB1815 Engrossed -21- LRB9205574LBmb 1 rule unit except as expressly permitted in this Act. 2 (b) The Office of the State Fire Marshal shall enforce 3 its rules and regulations concerning aboveground storage 4 tanks and associated piping; however, municipalities may 5 enforce any of their zoning ordinances or zoning regulations 6 regarding aboveground tanks. The Office of the State Fire 7 Marshal may issue an administrative order to any owner of an 8 aboveground storage tank and associated piping it reasonably 9 believes to be in violation of such rules and regulations to 10 remedy or remove any such violation. Such an order shall be 11 served by registered or certified mail or in person. Any 12 person served with such an order may appeal such order by 13 submitting in writing any such appeal to the Office within 10 14 days of the date of receipt of such order. The Office shall 15 conduct an administrative hearing governed by the Illinois 16 Administrative Procedure Act and enter an order to sustain, 17 modify or revoke such order. Any appeal from such order 18 shall be to the circuit court of the county in which the 19 violation took place and shall be governed by the 20 Administrative Review Law. 21 (Source: P.A. 91-851, eff. 1-1-01.) 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 25 Section 2 of this Act is a business offense punishable by 26 a fine of not more than $10,000 per day; 27 (2) (blank);paragraph (c) of subsection (3) of28Section 2 is a petty offense punishable by a fine of not29less than $100 nor more than $500 per tank tested;30 (3) SectionSections4and 5of this Act is a 31 business offense punishable by a fine of not more than 32 $10,000 per day; 33 (3.5) Section 3.5 of this Act is a business offense HB1815 Engrossed -22- LRB9205574LBmb 1 punishable by fine of not more than $10,000 per offense; 2 (4) an administrative order as described in 3 paragraph (e) of subsection (3) of Section 2, paragraph 4 (b) of subsection (4) of Section 2 or subsection (c) of 5 Section 6 after it has become final is a business offense 6 punishable by a fine of not less than $1,000 nor more 7 than $25,000 per day; 8 (5) any other rule promulgated by the Office of the 9 State Fire Marshal is a business offense punishable by a 10 fine of not less than $100 nor more than $1,000 for each 11 offense or each day of continued violation. 12 (b) (Blank).The State Fire Marshal may suspend or13revoke the registration of any person who has violated the14rules of the State Fire Marshal after notice and opportunity15for an Administrative hearing which shall be governed by the16Illinois Administrative Procedure Act. Any appeal from such17suspension or revocation shall be to the circuit court of the18county in which the hearing was held and be governed by the19Administrative Review Law.20 (c) A civil action to recover such fines may be brought 21 by the Attorney General or the State's Attorney of the county 22 in which the violation occurred. 23 (d) Any monies received by the State under this Section 24 shall be deposited into the Underground Storage Tank Fund. 25 (Source: P.A. 90-662, eff. 7-30-98.) 26 Section 999. Effective date. This Act takes effect upon 27 becoming law.