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92_HB1815ham004
LRB9205574LBgcam05
1 AMENDMENT TO HOUSE BILL 1815
2 AMENDMENT NO. . Amend House Bill 1815, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 1. Short title. This Act may be cited as the
6 Petroleum Equipment Contractors Licensing Act.
7 Section 5. Definitions. For the purposes of this Act:
8 "Employee" means a licensee or a person who is currently
9 employed by a contractor licensed under this Act whose full
10 or part-time duties include any activity specified in Section
11 35 of this Act.
12 "Person" means a natural person or any company,
13 corporation, or other business entity.
14 "Petroleum equipment contractor" means a person, company,
15 or corporation that installs, repairs, or removes underground
16 storage tanks.
17 Section 10. Licensure requirement; injunction.
18 Beginning 6 months after the effective date of this Act, no
19 person, firm, association, or corporation shall act as a
20 petroleum equipment contractor or employee, advertise or
21 assume to act as a petroleum equipment contractor or
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1 employee, or use any title implying that the person, firm,
2 association, or corporation is engaged in such practice or
3 occupation, unless licensed by the State Fire Marshal.
4 The State Fire Marshal, in the name of the People,
5 through the Attorney General, the State's Attorney of any
6 county, any resident of the State, or any legal entity within
7 the State may apply for injunctive relief in any court to
8 enjoin a person who has not been issued a license or whose
9 license has been suspended, revoked, or not renewed, from
10 practicing as a petroleum equipment contractor, and, upon the
11 filing of a verified petition, the court, if satisfied by
12 affidavit or otherwise that the person is or has been
13 practicing in violation of this Act, may enter a temporary
14 restraining order or preliminary injunction, without bond,
15 enjoining the defendant from further activity. A copy of the
16 verified complaint shall be served upon the defendant and the
17 proceedings shall be conducted as in other civil cases. If
18 it is established that the defendant has been, or is
19 practicing in violation of this Act, the court may enter a
20 judgment perpetually enjoining the defendant from any further
21 unlicensed activity. In the case of violation of any
22 injunctive order or judgment entered under the provisions of
23 this Section, the court may summarily try and punish the
24 offender for contempt of court. Such injunctive proceeding
25 shall be in addition to all penalties and other remedies in
26 this Act.
27 Section 15. Deposit of fees. All fees collected
28 pursuant to this Act shall be deposited into the Fire
29 Prevention Fund.
30 Section 25. Rules; report. The State Fire Marshal shall
31 promulgate rules consistent with the provisions of this Act
32 for the administration and enforcement of this Act and may
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1 prescribe forms that shall be issued in connection with the
2 rules promulgated under this Act. The rules shall include
3 standards and criteria for registration, professional
4 conduct, and discipline.
5 Section 30. Investigators. The State Fire Marshal may
6 employ, in conformity with the Personnel Code, the
7 professional, technical, investigative, or clerical help that
8 may be necessary for the enforcement of this Act. Each
9 investigator shall have a minimum of 2 years investigative
10 experience out of the preceding 5 years.
11 An investigator may not hold an active license issued
12 pursuant to this Act or have any fiduciary interest in any
13 business licensed under this Act. This prohibition does not
14 prohibit the investigator from holding stock in a publicly
15 traded business licensed or regulated under this Act,
16 provided that the investigator does not hold more than 5% of
17 the stock of the business.
18 Section 35. Licensure qualifications and fees.
19 (a) Applicants for a license must submit to the Office
20 all of the following:
21 (1) fees as established by the Office;
22 (2) evidence of registration as an Illinois
23 corporation or evidence of compliance with the Assumed
24 Business Name Act;
25 (3) evidence of financial responsibility in a
26 minimum amount of $1,000,000 through liability insurance,
27 self-insurance, group insurance, group self-insurance, or
28 risk retention groups that must include completed
29 operations and environmental impairment; and
30 (4) evidence of compliance with the qualifications
31 and standards established by the Office.
32 (b) The contractor must possess a license from the
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1 Office to perform the following types of activity:
2 (1) installation of underground storage tanks;
3 (2) repair of USTs, which shall include
4 retrofitting and installation of cathodic protection
5 systems;
6 (3) decommissioning of USTs including abandonment
7 in place;
8 (4) relining of USTs;
9 (5) tank and piping tightness testing;
10 (6) testing of cathodic protection systems; and
11 (7) any other category established by the Office of
12 the State Fire Marshal.
13 (c) The Office of the Fire Marshal shall adopt rules
14 outlining the minimum amount of training required for
15 personnel engaged in Underground Storage Tank activity
16 regulated under this Act.
17 Section 40. Application. Each application for a license
18 to practice under this Act shall be in writing and signed by
19 the applicant on forms provided by the Office of the State
20 Fire Marshal.
21 Section 45. Issuance of license; renewal.
22 (a) The State Fire Marshal shall, upon the applicant's
23 satisfactory completion of the requirements authorized under
24 this Act, and upon receipt of the requisite fees, issue the
25 appropriate license and wallet card showing the name and
26 business location of the licensee, the dates of issuance and
27 expiration, and shall contain a photograph of the licensee
28 provided to the State Fire Marshal.
29 (b) Each licensee may apply for renewal of his or her
30 license upon payment of the requisite fee. The expiration
31 date and renewal period for each license issued under this
32 Act shall be set by rule. Failure to renew within 60 days of
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1 the date shall cause the license to lapse. A lapsed license
2 may not be reinstated until a written application is filed,
3 the renewal fee is paid, and a $50 reinstatement fee is paid.
4 The renewal and reinstatement fees shall be waived for
5 persons who did not renew while on active duty in the
6 military and who file for renewal or restoration within one
7 year after discharge from the active duty service.
8 (c) All fees paid pursuant to this Act are
9 non-refundable.
10 Section 50. Returned checks. Any person who on 2
11 occasions issues or delivers a check or other order to the
12 State Fire Marshal that is not honored by the financial
13 institution upon which it is drawn because of insufficient
14 funds in his or her account, shall pay to the State Fire
15 Marshal, in addition to the amount owing upon the check or
16 other order, a fee of $50. If the check or other order was
17 issued or delivered in payment of a renewal fee and the
18 licensee whose license has lapsed continues to practice
19 without paying the renewal fee and the $50 fee required under
20 this Section, an additional fee of $100 shall be imposed for
21 practicing without a current license. The State Fire Marshal
22 shall notify the licensee whose license has lapsed within 30
23 days after the discovery by the State Fire Marshal that the
24 licensee is practicing without a current license, that the
25 person is acting as a petroleum equipment contractor or
26 employee, as the case may be, without a license, and the
27 amount due to the State Fire Marshal, which shall include the
28 lapsed renewal fee and all other fees required by this
29 Section. If after the expiration of 30 days from the date of
30 such notification, the licensee whose license has lapsed
31 seeks a current license, he or she shall apply to the State
32 Fire Marshal for reinstatement of the license and pay all
33 fees due to the State Fire Marshal. The State Fire Marshal
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1 may establish a fee for the processing of an application for
2 reinstatement of a license that allows the State Fire Marshal
3 to pay all costs and expenses incident to the processing of
4 this application. The State Fire Marshal may waive the fees
5 due under this Section in individual cases where he or she
6 finds that the fees would be unreasonable or unnecessarily
7 burdensome.
8 Section 60. License renewal; display of license;
9 inspection.
10 (a) As a condition of renewal of a license, the State
11 Fire Marshal may require the licensee to report information
12 pertaining to his or her practice that the State Fire Marshal
13 determines to be in the interest of public safety.
14 (b) A licensee shall report a change in home or office
15 address within 10 days.
16 (c) Each licensee shall prominently display his or her
17 license to practice at each place from which the practice is
18 being performed. If more than one location is used, branch
19 office certificates shall be issued upon payment of the fees
20 to be established by the State Fire Marshal. Each employee
21 shall carry on his or her person a wallet card issued by the
22 State Fire Marshal.
23 (d) If a license or certificate is lost, a duplicate
24 shall be issued upon payment of the required fee to be
25 established by the State Fire Marshal. If a licensee wishes
26 to change his or her name, the State Fire Marshal shall issue
27 a license in the new name upon payment of the required fee
28 and upon receipt of satisfactory proof that the change was
29 done in accordance with law.
30 (e) Each licensee shall permit his or her facilities to
31 be inspected by representatives of the Office of the State
32 Fire Marshal.
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1 Section 65. Disciplinary actions. Licensees shall be
2 subject to disciplinary action for any of the following:
3 (1) obtaining or renewing a license by the use of
4 fraud or material deception;
5 (2) being professionally incompetent as manifested
6 by poor standards of service;
7 (3) engaging in dishonorable, unethical, or
8 unprofessional conduct of a character likely to deceive,
9 defraud, or harm the public in the course of professional
10 services or activities;
11 (4) being convicted of a crime that has a
12 substantial relationship to his or her practice or an
13 essential element of which is misstatement, fraud, or
14 dishonesty, being convicted in this or another state of
15 any crime that is a felony under the laws of Illinois or
16 of that state, or being convicted of a felony in a
17 federal court, unless the licensee demonstrates that he
18 or she has been sufficiently rehabilitated to warrant the
19 public trust;
20 (5) performing any service in a grossly negligent
21 manner or permitting any licensed employee to perform
22 services in a grossly negligent manner, regardless of
23 whether actual damage or damage to the public is
24 established;
25 (6) being habitual drunk or having a habitual
26 addiction to the use of morphine, cocaine, controlled
27 substances, or other habit-forming drugs;
28 (7) willfully receiving compensation, directly or
29 indirectly, for any professional service not actually
30 rendered;
31 (8) having disciplinary action taken against his or
32 her license in another State;
33 (9) contracting or assisting unlicensed persons to
34 perform services for which a license is required under
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1 this Act;
2 (10) permitting the use of his or her license to
3 enable an unlicensed person or agency to operate as a
4 licensee;
5 (11) performing and charging for services without
6 having authorization to do so from the member of the
7 public being served; or
8 (12) failing to comply with any provision of this
9 Act or the rules adopted under this Act.
10 Section 70. Complaints. All complaints concerning
11 violations regarding licensees or unlicensed activity shall
12 be received and logged by the State Fire Marshal.
13 Section 75. Formal charges; hearings.
14 (a) Following the investigative process, the State Fire
15 Marshal may file formal charges against the licensee. The
16 formal charges shall, at a minimum, inform the licensee of
17 the facts that comprise the basis of the charge and that are
18 specific enough to enable the licensee to defend himself or
19 herself.
20 (b) Each licensee whose conduct is the subject of a
21 formal charge that seeks to impose disciplinary action
22 against the licensee shall be served notice of the formal
23 charge at least 30 days before the date of the hearing, which
24 shall be presided over by a hearing officer authorized by the
25 State Fire Marshal. Service shall be considered to have been
26 given if the notice was personally received by the licensee
27 or if the notice was sent by certified mail, return receipt
28 requested, to the licensee at the licensee's last known
29 address as listed with the State Fire Marshal.
30 (c) The notice of formal charges shall inform the
31 licensee (i) of the time, date, and place of the hearing;
32 (ii) that the licensee shall appear personally at the hearing
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1 and may be represented by counsel; (iii) that the licensee
2 shall have the right to produce witnesses and evidence in his
3 or her behalf and shall have the right to cross-examine
4 witnesses and examine evidence produced against him or her;
5 (iv) that the hearing could result in disciplinary action
6 being taken against his or her license; (v) that rules for
7 the conduct of these hearings exist and it may be in the
8 licensee's best interest to obtain a copy; (vi) that a
9 hearing officer authorized by the State Fire Marshal shall
10 preside at the hearing and following the conclusion of the
11 hearing shall make findings of fact, conclusions of law, and
12 recommendations to the State Fire Marshal as to what
13 disciplinary action, if any, should be imposed on the
14 licensee; and (vii) that the State Fire Marshal may continue
15 the hearing.
16 (d) The hearing officer authorized by the State Fire
17 Marshal shall hear the evidence produced in support of the
18 formal charges and any contrary evidence produced by the
19 licensee. At the conclusion of the hearing, the hearing
20 officer shall make findings of fact, conclusions of law, and
21 recommendations and submit them to the State Fire Marshal and
22 to all parties to the proceeding. Submission to the licensee
23 shall be considered as having been made if done in a similar
24 fashion as service of the notice of formal charges. Within
25 20 days after such service, any party to the proceeding may
26 present to the State Fire Marshal a motion, in writing, for a
27 rehearing that specifies the grounds for rehearing.
28 (e) The State Fire Marshal, following the time allowed
29 for filing a motion for rehearing, shall review the hearing
30 officer's findings of fact, conclusions of law, and
31 recommendations and any motions filed subsequent to the
32 findings, conclusions, and recommendations. After reviewing
33 this information, the State Fire Marshal may hear oral
34 arguments, prior to issuing an order. The report of findings
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1 of fact, conclusions of law, and recommendations of the
2 hearing officer shall be the basis for the State Fire
3 Marshal's order.
4 If the State Fire Marshal finds that substantial justice
5 was not done, he or she may issue an order in contravention
6 to the findings of fact, conclusions of law, and
7 recommendations of the hearing officer. The finding is not
8 admissible in evidence against the person in a criminal
9 prosecution brought for the violation of this Act.
10 (f) All proceedings pursuant to this Section are matters
11 of public record and shall be preserved.
12 Section 80. Sanctions.
13 (a) The State Fire Marshal shall impose any of the
14 following sanctions, singly or in combination, when he or she
15 finds that a licensee is guilty of any offense described in
16 Section 65:
17 (1) revocation;
18 (2) suspension for any period of time;
19 (3) reprimand or censure;
20 (4) placement on probationary status and
21 requirement that the licensee submit of any of the
22 following:
23 (A) report regularly to the State Fire Marshal
24 upon matters that are the basis of the probation;
25 (B) continue or renew professional education
26 until a satisfactory degree of skill has been
27 attained in those areas that are the basis of the
28 probation; or
29 (C) any other reasonable requirements or
30 restrictions as are proper;
31 (5) refusal to issue, renew, or restore; or
32 (6) revocation of probation that has been granted
33 and imposition of any other discipline in this subsection
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1 (a) when the requirements of probation have not been
2 fulfilled or have been violated.
3 (b) The State Fire Marshal may summarily suspend a
4 license under this Act, without a hearing, simultaneously
5 with the filing of a formal complaint and notice for a
6 hearing, if the State Fire Marshal finds that the continued
7 operations of the individual would constitute an immediate
8 danger to the public. In the event the State Fire Marshal
9 suspends a license under this subsection, a hearing by the
10 hearing officer designated by the State Fire Marshal shall be
11 held within 20 days after the suspension begins, unless
12 continued at the request of the licensee.
13 (c) Disposition may be made of any formal complaint by
14 consent order between the State Fire Marshal and the
15 licensee.
16 (d) The State Fire Marshal shall reinstate a license to
17 good standing under this Act, upon recommendation to the
18 State Fire Marshal, after a hearing before the hearing
19 officer authorized by the State Fire Marshal. The State Fire
20 Marshal shall be satisfied that the applicant's renewed
21 practice is not contrary to the public interest.
22 (e) The State Fire Marshal may conduct hearings and
23 issue cease and desist orders to persons who engage in
24 activities prohibited by this Act without having a valid
25 license, certificate, or registration. Any person in
26 violation of a cease and desist order entered by the State
27 Fire Marshal shall be subject to all of the remedies provided
28 by law and, in addition, shall be subject to a civil penalty
29 payable to the party injured by the violation.
30 (f) The State Fire Marshal shall seek to achieve
31 consistency in the application of the foregoing sanctions and
32 consent orders and significant departure from prior decisions
33 involving similar conduct shall be explained in the State
34 Fire Marshal's orders.
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1 (g) Upon the suspension or revocation of a license
2 issued under this Act, a licensee shall surrender the license
3 to the State Fire Marshal and, upon failure to do so, the
4 State Fire Marshal shall seize the same.
5 (g-5) Any person, business, or corporation whose license
6 has been revoked under the provisions of this Act is
7 prohibited, for a period of 2 years from the date of
8 revocation, from owning more than 7 1/2% of a business or
9 corporation licensed under this Act.
10 (h) The State Fire Marshal may refuse to issue or may
11 suspend the license of any person who fails to file a return,
12 to pay the tax, penalty, or interest shown in a filed return,
13 or to pay any final assessment of tax, penalty, or interest,
14 as required by any tax Act administered by the Illinois
15 Department of Revenue, until the time that the requirements
16 of any such tax Act are satisfied.
17 Section 85. Depositions; witnesses; judicial review.
18 (a) The State Fire Marshal has the power to subpoena and
19 bring before him or her any person in this State and to take
20 testimony either orally or by deposition, or both, with the
21 same fees and mileage and in the same manner as is prescribed
22 by law for judicial proceedings in civil cases. The State
23 Fire Marshal and the hearing officer approved by the State
24 Fire Marshal have the power to administer oaths at any
25 hearing that the State Fire Marshal is authorized to conduct.
26 (b) A circuit court, upon the application of the
27 licensee or the State Fire Marshal, may order the attendance
28 of witnesses and the production of relevant books and papers
29 in any hearing conducted pursuant to this Act. The court may
30 compel obedience to its order by proceedings for contempt.
31 (c) The State Fire Marshal, at the Office's expense,
32 shall provide a stenographer or a mechanical recording
33 device to record the testimony and preserve a record of all
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1 proceedings at the hearing of any case wherein a license may
2 be revoked, suspended, placed on probationary status, or
3 other disciplinary action taken with regard to the license.
4 The notice of hearing, the complaint, and all other documents
5 in the nature of pleadings and written motions filed in the
6 proceedings, the transcript of testimony, the report of the
7 hearing officer, and the orders of the State Fire Marshal
8 constitute the record of the proceedings. The State Fire
9 Marshal shall furnish a transcript of the record to any
10 interested person upon payment of the costs of copying and
11 transmitting the record.
12 (d) All final administrative decisions of the State Fire
13 Marshal are subject to judicial review pursuant to the
14 provisions of the Administrative Review Law and the rules
15 adopted pursuant thereto. Proceedings for judicial review
16 shall be commenced in the Circuit Court of the county in
17 which the party applying for review resides. If party
18 applying for review is not a resident of Illinois, the venue
19 shall be in Sangamon County. The State Fire Marshal shall not
20 be required to certify any record to the court, file any
21 answer in court, or otherwise appear in any court in a
22 judicial review proceeding, unless there is filed in the
23 court with the complaint a receipt from the State Fire
24 Marshal acknowledging payment of the costs of furnishing and
25 certifying the record, which costs shall be computed at the
26 cost of preparing such record. Exhibits shall be certified
27 without cost. Failure on the part of the licensee to file
28 the receipt in court shall be grounds for dismissal of the
29 action.
30 During all judicial proceedings incident to disciplinary
31 action, the sanctions imposed upon the accused by the State
32 Fire Marshal shall remain in effect, unless the court feels
33 justice requires a stay of the order.
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1 Section 90. Order; prima facie proof. An order or a
2 certified copy of an order, bearing the seal of the State
3 Fire Marshal and purporting to be signed by the State Fire
4 Marshal, is prima facie proof that:
5 (1) the signature is that of the State Fire
6 Marshal;
7 (2) the State Fire Marshal is qualified to act; and
8 (3) the hearing officer is qualified to act on
9 behalf of the State Fire Marshal.
10 Such proof may be rebutted.
11 Section 95. Publication of records. The State Fire
12 Marshal shall, upon request, publish a list of the names and
13 addresses of all licensees under the provisions of this Act.
14 Section 100. Criminal penalties. A person who violates
15 any of the provisions of this Act shall be guilty of a Class
16 A misdemeanor for the first offense and shall be guilty of a
17 Class 4 felony for a second or subsequent offense.
18 Section 105. Home rule. The regulation and licensing of
19 petroleum equipment contractors are exclusive powers and
20 functions of the State. A home rule unit may not regulate or
21 license petroleum equipment contractors. This Section is a
22 denial and limitation of home rule powers and functions under
23 subsection (h) of Section 6 of Article VII of the Illinois
24 Constitution.
25 Section 900. The Regulatory Sunset Act is amended by
26 adding Section 4.22 as follows:
27 (5 ILCS 80/4.22 new)
28 Sec. 4.22. Act repealed on January 1, 2012. The
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1 following Act is repealed on January 1, 2012:
2 The Petroleum Equipment Contractors Licensing Act.
3 Section 905. The Gasoline Storage Act is amended by
4 changing Sections 2 and 7 as follows:
5 (430 ILCS 15/2) (from Ch. 127 1/2, par. 154)
6 Sec. 2. Jurisdiction; regulation of tanks.
7 (1) (a) Except as otherwise provided in this Act, the
8 jurisdiction of the Office of the State Fire Marshal under
9 this Act shall be concurrent with that of municipalities and
10 other political subdivisions. The Office of the State Fire
11 Marshal has power to promulgate, pursuant to the Illinois
12 Administrative Procedure Act, reasonable rules and
13 regulations governing the keeping, storage, transportation,
14 sale or use of gasoline and volatile oils, including rules
15 requiring that underground storage tank contractors file a
16 bond or a certificate of insurance with the State Fire
17 Marshal, and rules governing the dismantling of abandoned
18 bulk storage plants. Nothing in this Act shall relieve any
19 person, corporation, or other entity from complying with any
20 zoning ordinance of a municipality or home rule unit enacted
21 pursuant to Section 11-13-1 of the Illinois Municipal Code or
22 any ordinance enacted pursuant to Section 11-8-4 of the
23 Illinois Municipal Code.
24 (b) The rulemaking power shall include the power to
25 promulgate rules providing for the issuance and revocation of
26 permits allowing the self service dispensing of motor fuels
27 as such term is defined in the Motor Fuel Tax Law in retail
28 service stations or any other place of business where motor
29 fuels are dispensed into the fuel tanks of motor vehicles,
30 internal combustion engines or portable containers. Such
31 rules shall specify the requirements that must be met both
32 prior and subsequent to the issuance of such permits in order
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1 to insure the safety and welfare of the general public. The
2 operation of such service stations without a permit shall be
3 unlawful. The Office of the State Fire Marshal shall revoke
4 such permit if the self service operation of such a service
5 station is found to pose a significant risk to the safety and
6 welfare of the general public.
7 (c) However, except in any county with a population of
8 1,000,000 or more, the Office of the State Fire Marshal shall
9 not have the authority to prohibit the operation of a service
10 station solely on the basis that it is an unattended
11 self-service station which utilizes key or card operated
12 self-service motor fuel dispensing devices. Nothing in this
13 paragraph shall prohibit the Office of the State Fire Marshal
14 from adopting reasonable rules and regulations governing the
15 safety of self-service motor fuel dispensing devices.
16 (d) The State Fire Marshal shall not prohibit the
17 dispensing or delivery of flammable or combustible motor
18 vehicle fuels directly into the fuel tanks of vehicles from
19 tank trucks, tank wagons, or other portable tanks. The State
20 Fire Marshal shall adopt rules (i) for the issuance of
21 permits for the dispensing of motor vehicle fuels in the
22 manner described in this paragraph (d), (ii) that establish
23 fees for permits and inspections, and provide for those fees
24 to be deposited into the Fire Prevention Fund, (iii) that
25 require the dispensing of motor fuel in the manner described
26 in this paragraph (d) to meet conditions consistent with
27 nationally recognized standards such as those of the
28 National Fire Protection Association, and (iv) that restrict
29 the dispensing of motor vehicle fuels in the manner described
30 in this paragraph (d) to the following:
31 (A) agriculture sites for agricultural purposes,
32 (B) construction sites for refueling construction
33 equipment used at the construction site,
34 (C) sites used for the parking, operation, or
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1 maintenance of a commercial vehicle fleet, but only if
2 the site is located in a county with 3,000,000 or more
3 inhabitants or a county contiguous to a county with
4 3,000,000 or more inhabitants and the site is not
5 normally accessible to the public, and
6 (D) sites used for the refueling of police, fire,
7 or emergency medical services vehicles or other vehicles
8 that are owned, leased, or operated by (or operated under
9 contract with) the State, a unit of local government, or
10 a school district, or any agency of the State and that
11 are not normally accessible to the public.
12 (2) (a) The Office of the State Fire Marshal shall adopt
13 rules and regulations regarding underground storage tanks and
14 associated piping and no municipality or other political
15 subdivision shall adopt or enforce any ordinances or
16 regulations regarding such underground tanks and piping other
17 than those which are identical to the rules and regulations
18 of the Office of the State Fire Marshal. It is declared to
19 be the law of this State, pursuant to paragraphs (h) and (i)
20 of Section 6 of Article VII of the Illinois Constitution,
21 that the establishment and enforcement of standards regarding
22 underground storage tanks and associated piping within the
23 jurisdiction of the Office of the State Fire Marshal is an
24 exclusive State function which may not be exercised
25 concurrently by a home rule unit except as expressly
26 permitted in this Act.
27 (b) The Office of the State Fire Marshal may enter into
28 written contracts with municipalities of over 500,000 in
29 population to enforce the rules and regulations adopted under
30 this subsection.
31 (3) (a) The Office of the State Fire Marshal shall have
32 authority over underground storage tanks which contain, have
33 contained, or are designed to contain petroleum, hazardous
34 substances and regulated substances as those terms are used
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1 in Subtitle I of the Hazardous and Solid Waste Amendments of
2 1984 (P.L. 98-616), as amended by the Superfund Amendments
3 and Reauthorization Act of 1986 (P.L. 99-499). The Office
4 shall have the power with regard to underground storage tanks
5 to require any person who tests, installs, repairs, replaces,
6 relines, or removes any underground storage tank system
7 containing, formerly containing, or which is designed to
8 contain petroleum or other regulated substances to be
9 certified to perform that activity, to obtain a permit to
10 install, repair, replace, reline, or remove the particular
11 tank system, to pay an annual certification fee of $100 per
12 year, and to pay a fee set by the Office of $100 per site for
13 a permit to install, repair, replace, reline, upgrade, test,
14 or remove any portion of an underground storage tank system.
15 All persons who do repairs above grade level for themselves
16 need not pay a fee or be certified. All fees received by the
17 Office from certification and permits shall be deposited in
18 the Fire Prevention Fund for the exclusive use of the Office
19 in administering the Underground Storage Tank program.
20 (b) (i) Within 120 days after the promulgation of
21 regulations or amendments thereto by the Administrator of the
22 United States Environmental Protection Agency to implement
23 Section 9003 of Subtitle I of the Hazardous and Solid Waste
24 Amendments of 1984 (P.L. 98-616) of the Resource Conservation
25 and Recovery Act of 1976 (P.L. 95-580), as amended, the
26 Office of the State Fire Marshal shall adopt regulations or
27 amendments thereto which are identical in substance. The
28 rulemaking provisions of Section 5-35 of the Illinois
29 Administrative Procedure Act shall not apply to regulations
30 or amendments thereto adopted pursuant to this subparagraph
31 (i).
32 (ii) The Office of the State Fire Marshal may adopt
33 additional regulations relating to an underground storage
34 tank program that are not inconsistent with and at least as
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1 stringent as Section 9003 of Subtitle I of the Hazardous and
2 Solid Waste Amendments of 1984 (P.L. 98-616) of the Resource
3 Conservation and Recovery Act of 1976 (P.L. 94-580), as
4 amended, or regulations adopted thereunder. Except as
5 provided otherwise in subparagraph (i) of this paragraph (b),
6 the Office of the State Fire Marshal shall not adopt
7 regulations relating to corrective action at underground
8 storage tanks. Regulations adopted pursuant to this
9 subsection shall be adopted in accordance with the procedures
10 for rulemaking in Section 5-35 of the Illinois Administrative
11 Procedure Act.
12 (c) The Office of the State Fire Marshal shall require
13 any person, corporation or other entity who tests an
14 underground tank or its piping or cathodic protection for
15 another, except a lessor for his or her lessee, to register
16 with the Office, and pay an annual registration fee of $100,
17 to be deposited in the Fire Prevention Fund, and to report
18 the results of such test to the Office.
19 (d) In accordance with constitutional limitations, the
20 Office shall have authority to enter at all reasonable times
21 upon any private or public property for the purpose of:
22 (i) Inspecting and investigating to ascertain
23 possible violations of this Act, of regulations
24 thereunder or of permits or terms or conditions thereof;
25 or
26 (ii) In accordance with the provisions of this Act,
27 taking whatever emergency action, that is necessary or
28 appropriate, to assure that the public health or safety
29 is not threatened whenever there is a release or a
30 substantial threat of a release of petroleum or a
31 regulated substance from an underground storage tank.
32 (e) The Office of the State Fire Marshal may issue an
33 Administrative Order to any person who it reasonably believes
34 has violated the rules and regulations governing underground
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1 storage tanks, including the installation, repair, leak
2 detection, cathodic protection tank testing, removal or
3 release notification. Such an order shall be served by
4 registered or certified mail or in person. Any person served
5 with such an order may appeal such order by submitting in
6 writing any such appeal to the Office within 10 days of the
7 date of receipt of such order. The Office shall conduct an
8 administrative hearing governed by the Illinois
9 Administrative Procedure Act and enter an order to sustain,
10 modify or revoke such order. Any appeal from such order shall
11 be to the circuit court of the county in which the violation
12 took place and shall be governed by the Administrative Review
13 Law.
14 (f) The Office of the State Fire Marshal shall not
15 require the removal of an underground tank system taken out
16 of operation before January 2, 1974, except in the case in
17 which the office of the State Fire Marshal has determined
18 that a release from the underground tank system poses a
19 current or potential threat to human health and the
20 environment. In that case, and upon receipt of an Order from
21 the Office of the State Fire Marshal, the owner or operator
22 of the nonoperational underground tank system shall assess
23 the excavation zone and close the system in accordance with
24 regulations promulgated by the Office of the State Fire
25 Marshal.
26 (4) (a) The Office of the State Fire Marshal shall adopt
27 rules and regulations regarding aboveground storage tanks and
28 associated piping and no municipality or other political
29 subdivision shall adopt or enforce any ordinances or
30 regulations regarding such aboveground tanks and piping other
31 than those which are identical to the rules and regulations
32 of the Office of the State Fire Marshal unless, in the
33 interest of fire safety, the Office of the State Fire Marshal
34 delegates such authority to municipalities, political
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1 subdivisions or home rule units. It is declared to be the
2 law of this State, pursuant to paragraphs (h) and (i) of
3 Section 6 of Article VII of the Illinois Constitution, that
4 the establishment of standards regarding aboveground storage
5 tanks and associated piping within the jurisdiction of the
6 Office of the State Fire Marshal is an exclusive State
7 function which may not be exercised concurrently by a home
8 rule unit except as expressly permitted in this Act.
9 (b) The Office of the State Fire Marshal shall enforce
10 its rules and regulations concerning aboveground storage
11 tanks and associated piping; however, municipalities may
12 enforce any of their zoning ordinances or zoning regulations
13 regarding aboveground tanks. The Office of the State Fire
14 Marshal may issue an administrative order to any owner of an
15 aboveground storage tank and associated piping it reasonably
16 believes to be in violation of such rules and regulations to
17 remedy or remove any such violation. Such an order shall be
18 served by registered or certified mail or in person. Any
19 person served with such an order may appeal such order by
20 submitting in writing any such appeal to the Office within 10
21 days of the date of receipt of such order. The Office shall
22 conduct an administrative hearing governed by the Illinois
23 Administrative Procedure Act and enter an order to sustain,
24 modify or revoke such order. Any appeal from such order
25 shall be to the circuit court of the county in which the
26 violation took place and shall be governed by the
27 Administrative Review Law.
28 (Source: P.A. 91-851, eff. 1-1-01.)
29 (430 ILCS 15/7) (from Ch. 127 1/2, par. 159)
30 Sec. 7. (a) A violation of:
31 (1) paragraph (a) or (b) of subsection (3) of
32 Section 2 of this Act is a business offense punishable by
33 a fine of not more than $10,000 per day;
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1 (2) (blank); paragraph (c) of subsection (3) of
2 Section 2 is a petty offense punishable by a fine of not
3 less than $100 nor more than $500 per tank tested;
4 (3) Section Sections 4 and 5 of this Act is a
5 business offense punishable by a fine of not more than
6 $10,000 per day;
7 (3.5) Section 3.5 of this Act is a business offense
8 punishable by fine of not more than $10,000 per offense;
9 (4) an administrative order as described in
10 paragraph (e) of subsection (3) of Section 2, paragraph
11 (b) of subsection (4) of Section 2 or subsection (c) of
12 Section 6 after it has become final is a business offense
13 punishable by a fine of not less than $1,000 nor more
14 than $25,000 per day;
15 (5) any other rule promulgated by the Office of the
16 State Fire Marshal is a business offense punishable by a
17 fine of not less than $100 nor more than $1,000 for each
18 offense or each day of continued violation.
19 (b) (Blank). The State Fire Marshal may suspend or
20 revoke the registration of any person who has violated the
21 rules of the State Fire Marshal after notice and opportunity
22 for an Administrative hearing which shall be governed by the
23 Illinois Administrative Procedure Act. Any appeal from such
24 suspension or revocation shall be to the circuit court of the
25 county in which the hearing was held and be governed by the
26 Administrative Review Law.
27 (c) A civil action to recover such fines may be brought
28 by the Attorney General or the State's Attorney of the county
29 in which the violation occurred.
30 (d) Any monies received by the State under this Section
31 shall be deposited into the Underground Storage Tank Fund.
32 (Source: P.A. 90-662, eff. 7-30-98.)
33 Section 999. Effective date. This Act takes effect upon
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1 becoming law.".