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92_HB3398
LRB9201040EGfg
1 AN ACT in relation to underground storage tanks.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Environmental Protection Act is amended
5 by changing Section 57.9 as follows:
6 (415 ILCS 5/57.9)
7 Sec. 57.9. Underground Storage Tank Fund; eligibility and
8 deductibility.
9 (a) The Underground Storage Tank Fund shall be
10 accessible by owners and operators who have a confirmed
11 release from an underground storage tank or related tank
12 system of a substance listed in this Section. The owner or
13 operator is eligible to access the Underground Storage Tank
14 Fund if the eligibility requirements of this Title are
15 satisfied and:
16 (1) Neither the owner nor the operator is the
17 United States Government.
18 (2) The tank does not contain fuel which is exempt
19 from the Motor Fuel Tax Law.
20 (3) The costs were incurred as a result of a
21 confirmed release of any of the following substances:
22 (A) "Fuel", as defined in Section 1.19 of the
23 Motor Fuel Tax Law.
24 (B) Aviation fuel.
25 (C) Heating oil.
26 (D) Kerosene.
27 (E) Used oil which has been refined from crude
28 oil used in a motor vehicle, as defined in Section
29 1.3 of the Motor Fuel Tax Law.
30 (4) The owner or operator registered the tank and
31 paid all fees in accordance with the statutory and
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1 regulatory requirements of the Gasoline Storage Act.
2 (5) The owner or operator notified the Illinois
3 Emergency Management Agency of a confirmed release, the
4 costs were incurred after the notification and the costs
5 were a result of a release of a substance listed in this
6 Section. Costs of corrective action or indemnification
7 incurred before providing that notification shall not be
8 eligible for payment.
9 (6) The costs have not already been paid to the
10 owner or operator under a private insurance policy, other
11 written agreement, or court order.
12 (7) The costs were associated with "corrective
13 action" of this Act.
14 If the underground storage tank which experienced a
15 release of a substance listed in this Section was
16 installed after July 28, 1989, the owner or operator is
17 eligible to access the Underground Storage Tank Fund if
18 it is demonstrated to the Office of the State Fire
19 Marshal the tank was installed and operated in accordance
20 with Office of the State Fire Marshal regulatory
21 requirements. Office of the State Fire Marshal
22 certification is prima facie evidence the tank was
23 installed pursuant to the Office of the State Fire
24 Marshal regulatory requirements.
25 (b) An owner or operator may access the Underground
26 Storage Tank Fund for costs associated with an Agency
27 approved plan and the Agency shall approve the payment of
28 costs associated with corrective action after the application
29 of a $10,000 deductible, except in the following situations:
30 (1) A deductible of $100,000 shall apply when none
31 of the underground storage tanks were registered prior to
32 July 28, 1989, except that in the case of underground
33 storage tanks used exclusively to store heating oil for
34 consumptive use on the premises where stored and which
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1 serve other than farms or residential units, a deductible
2 of $100,000 shall apply when none of these tanks were
3 registered prior to July 1, 1992. The $100,000
4 deductible under this item (1) does not apply to
5 underground storage tanks registered in accordance with
6 the amnesty provisions of Section 4.1 of the Gasoline
7 Storage Act.
8 (2) A deductible of $50,000 shall apply if any of
9 the underground storage tanks were registered prior to
10 July 28, 1989, and the State received notice of the
11 confirmed release prior to July 28, 1989.
12 (3) A deductible of $15,000 shall apply when one or
13 more, but not all, of the underground storage tanks were
14 registered prior to July 28, 1989, and the State received
15 notice of the confirmed release on or after July 28,
16 1989.
17 A deductible shall apply annually for each site at which
18 costs were incurred under a claim submitted pursuant to this
19 Title, except that if corrective action in response to an
20 occurrence takes place over a period of more than one year,
21 in subsequent years, no deductible shall apply for costs
22 incurred in response to such occurrence.
23 (c) Eligibility and deductibility determinations shall
24 be made by the Office of the State Fire Marshal.
25 (1) When an owner or operator reports a confirmed
26 release of a regulated substance, the Office of the State
27 Fire Marshal shall provide the owner or operator with an
28 "Eligibility and Deductibility Determination" form. The
29 form shall either be provided on-site or within 15 days
30 of the Office of the State Fire Marshal receipt of notice
31 indicating a confirmed release. The form shall request
32 sufficient information to enable the Office of the State
33 Fire Marshal to make a final determination as to owner or
34 operator eligibility to access the Underground Storage
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1 Tank Fund pursuant to this Title and the appropriate
2 deductible. The form shall be promulgated as a rule or
3 regulation pursuant to the Illinois Administrative
4 Procedure Act by the Office of the State Fire Marshal.
5 Until such form is promulgated, the Office of State Fire
6 Marshal shall use a form which generally conforms with
7 this Act.
8 (2) Within 60 days of receipt of the "Eligibility
9 and Deductibility Determination" form, the Office of the
10 State Fire Marshal shall issue one letter enunciating the
11 final eligibility and deductibility determination, and
12 such determination or failure to act within the time
13 prescribed shall be a final decision appealable to the
14 Illinois Pollution Control Board. shall be made by the
15 (Source: P.A. 88-496.)
16 Section 10. The Gasoline Storage Act is amended by
17 adding Section 4.1 and changing Section 7 as follows:
18 (430 ILCS 15/4.1 new)
19 Sec. 4.1. Late registration amnesty program.
20 (a) The General Assembly finds and declares that:
21 (1) Leaking petroleum products from underground
22 storage tanks continue to pose a serious environmental
23 hazard to the People of this State.
24 (2) A substantial number of underground storage
25 tanks in this State that are required to be registered
26 under subsection (b) of Section 4 of this Act remain
27 unregistered.
28 (3) The penalty imposed for late registration under
29 Section 7 (up to $10,000 per day) is so severe as to
30 discourage owners of unregistered tanks from coming
31 forward and registering them.
32 (4) It is the intent of the General Assembly to
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1 encourage the registration of unregistered underground
2 storage tanks by creating an amnesty for owners who
3 voluntarily come forward and register their unregistered
4 tanks.
5 (b) If the owner of an underground storage tank that is
6 required to be registered under subsection (b) of Section 4
7 of this Act first registers that tank and pays the required
8 registration fee within the 6 months following the effective
9 date of this Section:
10 (1) The penalties for late registration imposed
11 under subdivision (a)(3) of Section 7 and any applicable
12 rules are waived with respect to that tank.
13 (2) The tank shall be deemed to have been
14 registered in accordance with this Section for purposes
15 of determining the applicable deductible amount under
16 Section 57.9 of the Environmental Protection Act.
17 (430 ILCS 15/7) (from Ch. 127 1/2, par. 159)
18 Sec. 7. Penalties.
19 (a) A violation of:
20 (1) paragraph (a) or (b) of subsection (3) of
21 Section 2 of this Act is a business offense punishable by
22 a fine of not more than $10,000 per day;
23 (2) paragraph (c) of subsection (3) of Section 2 is
24 a petty offense punishable by a fine of not less than
25 $100 nor more than $500 per tank tested;
26 (3) Section 4 or 5 Sections 4 and 5 of this Act is
27 a business offense punishable by a fine of not more than
28 $10,000 per day, except as provided in Section 4.1;
29 (3.5) Section 3.5 of this Act is a business offense
30 punishable by a fine of not more than $10,000 per
31 offense;
32 (4) an administrative order as described in
33 paragraph (e) of subsection (3) of Section 2, paragraph
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1 (b) of subsection (4) of Section 2 or subsection (c) of
2 Section 6 after it has become final is a business offense
3 punishable by a fine of not less than $1,000 nor more
4 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
7 fine of not less than $100 nor more than $1,000 for each
8 offense 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. 90-662, eff. 7-30-98.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.