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Public Act 92-0618
HB1815 Enrolled LRB9205574LBmb
AN ACT concerning the regulation of professions.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Petroleum Equipment Contractors Licensing Act.
Section 5. Definitions. For the purposes of this Act:
"Employee" means a licensee or a person who is currently
employed by a contractor licensed under this Act whose full
or part-time duties include any activity specified in Section
35 of this Act.
"Person" means a natural person or any company,
corporation, or other business entity.
"Petroleum equipment contractor" means a person, company,
or corporation that installs, repairs, or removes underground
storage tanks.
Section 10. Licensure requirement; injunction.
Beginning 6 months after the effective date of this Act, no
person, firm, association, or corporation shall act as a
petroleum equipment contractor or employee, advertise or
assume to act as a petroleum equipment contractor or
employee, or use any title implying that the person, firm,
association, or corporation is engaged in such practice or
occupation, unless licensed by the State Fire Marshal.
The State Fire Marshal, in the name of the People,
through the Attorney General, the State's Attorney of any
county, any resident of the State, or any legal entity within
the State may apply for injunctive relief in any court to
enjoin a person who has not been issued a license or whose
license has been suspended, revoked, or not renewed, from
practicing as a petroleum equipment contractor, and, upon the
filing of a verified petition, the court, if satisfied by
affidavit or otherwise that the person is or has been
practicing in violation of this Act, may enter a temporary
restraining order or preliminary injunction, without bond,
enjoining the defendant from further activity. A copy of the
verified complaint shall be served upon the defendant and the
proceedings shall be conducted as in other civil cases. If
it is established that the defendant has been, or is
practicing in violation of this Act, the court may enter a
judgment perpetually enjoining the defendant from any further
unlicensed activity. In the case of violation of any
injunctive order or judgment entered under the provisions of
this Section, the court may summarily try and punish the
offender for contempt of court. Such injunctive proceeding
shall be in addition to all penalties and other remedies in
this Act.
Section 15. Deposit of fees. All fees collected
pursuant to this Act shall be deposited into the Fire
Prevention Fund.
Section 25. Rules; report. The State Fire Marshal shall
promulgate rules consistent with the provisions of this Act
for the administration and enforcement of this Act and may
prescribe forms that shall be issued in connection with the
rules promulgated under this Act. The rules shall include
standards and criteria for registration, professional
conduct, and discipline.
Section 30. Investigators. The State Fire Marshal may
employ, in conformity with the Personnel Code, the
professional, technical, investigative, or clerical help that
may be necessary for the enforcement of this Act. Each
investigator shall have a minimum of 2 years investigative
experience out of the preceding 5 years.
An investigator may not hold an active license issued
pursuant to this Act or have any fiduciary interest in any
business licensed under this Act. This prohibition does not
prohibit the investigator from holding stock in a publicly
traded business licensed or regulated under this Act,
provided that the investigator does not hold more than 5% of
the stock of the business.
Section 35. Licensure qualifications and fees.
(a) Applicants for a license must submit to the Office
all of the following:
(1) fees as established by the Office;
(2) evidence of registration as an Illinois
corporation or evidence of compliance with the Assumed
Business Name Act;
(3) evidence of financial responsibility in a
minimum amount of $1,000,000 through liability insurance,
self-insurance, group insurance, group self-insurance, or
risk retention groups that must include completed
operations and environmental impairment; and
(4) evidence of compliance with the qualifications
and standards established by the Office.
(b) The contractor must possess a license from the
Office to perform the following types of activity:
(1) installation of underground storage tanks;
(2) repair of USTs, which shall include
retrofitting and installation of cathodic protection
systems;
(3) decommissioning of USTs including abandonment
in place;
(4) relining of USTs;
(5) tank and piping tightness testing;
(6) testing of cathodic protection systems; and
(7) any other category established by the Office of
the State Fire Marshal.
(c) The Office of the Fire Marshal shall adopt rules
outlining the minimum amount of training required for
personnel engaged in Underground Storage Tank activity
regulated under this Act.
Section 40. Application. Each application for a license
to practice under this Act shall be in writing and signed by
the applicant on forms provided by the Office of the State
Fire Marshal.
Section 45. Issuance of license; renewal.
(a) The State Fire Marshal shall, upon the applicant's
satisfactory completion of the requirements authorized under
this Act, and upon receipt of the requisite fees, issue the
appropriate license and wallet card showing the name and
business location of the licensee, the dates of issuance and
expiration, and shall contain a photograph of the licensee
provided to the State Fire Marshal.
(b) Each licensee may apply for renewal of his or her
license upon payment of the requisite fee. The expiration
date and renewal period for each license issued under this
Act shall be set by rule. Failure to renew within 60 days of
the date shall cause the license to lapse. A lapsed license
may not be reinstated until a written application is filed,
the renewal fee is paid, and a $50 reinstatement fee is paid.
The renewal and reinstatement fees shall be waived for
persons who did not renew while on active duty in the
military and who file for renewal or restoration within one
year after discharge from the active duty service.
(c) All fees paid pursuant to this Act are
non-refundable.
Section 50. Returned checks. Any person who on 2
occasions issues or delivers a check or other order to the
State Fire Marshal that is not honored by the financial
institution upon which it is drawn because of insufficient
funds in his or her account, shall pay to the State Fire
Marshal, in addition to the amount owing upon the check or
other order, a fee of $50. If the check or other order was
issued or delivered in payment of a renewal fee and the
licensee whose license has lapsed continues to practice
without paying the renewal fee and the $50 fee required under
this Section, an additional fee of $100 shall be imposed for
practicing without a current license. The State Fire Marshal
shall notify the licensee whose license has lapsed within 30
days after the discovery by the State Fire Marshal that the
licensee is practicing without a current license, that the
person is acting as a petroleum equipment contractor or
employee, as the case may be, without a license, and the
amount due to the State Fire Marshal, which shall include the
lapsed renewal fee and all other fees required by this
Section. If after the expiration of 30 days from the date of
such notification, the licensee whose license has lapsed
seeks a current license, he or she shall apply to the State
Fire Marshal for reinstatement of the license and pay all
fees due to the State Fire Marshal. The State Fire Marshal
may establish a fee for the processing of an application for
reinstatement of a license that allows the State Fire Marshal
to pay all costs and expenses incident to the processing of
this application. The State Fire Marshal may waive the fees
due under this Section in individual cases where he or she
finds that the fees would be unreasonable or unnecessarily
burdensome.
Section 60. License renewal; display of license;
inspection.
(a) As a condition of renewal of a license, the State
Fire Marshal may require the licensee to report information
pertaining to his or her practice that the State Fire Marshal
determines to be in the interest of public safety.
(b) A licensee shall report a change in home or office
address within 10 days.
(c) Each licensee shall prominently display his or her
license to practice at each place from which the practice is
being performed. If more than one location is used, branch
office certificates shall be issued upon payment of the fees
to be established by the State Fire Marshal. Each employee
shall carry on his or her person a wallet card issued by the
State Fire Marshal.
(d) If a license or certificate is lost, a duplicate
shall be issued upon payment of the required fee to be
established by the State Fire Marshal. If a licensee wishes
to change his or her name, the State Fire Marshal shall issue
a license in the new name upon payment of the required fee
and upon receipt of satisfactory proof that the change was
done in accordance with law.
(e) Each licensee shall permit his or her facilities to
be inspected by representatives of the Office of the State
Fire Marshal.
Section 65. Disciplinary actions. Licensees shall be
subject to disciplinary action for any of the following:
(1) obtaining or renewing a license by the use of
fraud or material deception;
(2) being professionally incompetent as manifested
by poor standards of service;
(3) engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public in the course of professional
services or activities;
(4) being convicted of a crime that has a
substantial relationship to his or her practice or an
essential element of which is misstatement, fraud, or
dishonesty, being convicted in this or another state of
any crime that is a felony under the laws of Illinois or
of that state, or being convicted of a felony in a
federal court, unless the licensee demonstrates that he
or she has been sufficiently rehabilitated to warrant the
public trust;
(5) performing any service in a grossly negligent
manner or permitting any licensed employee to perform
services in a grossly negligent manner, regardless of
whether actual damage or damage to the public is
established;
(6) being a habitual drunk or having a habitual
addiction to the use of morphine, cocaine, controlled
substances, or other habit-forming drugs;
(7) willfully receiving compensation, directly or
indirectly, for any professional service not actually
rendered;
(8) having disciplinary action taken against his or
her license in another State;
(9) contracting or assisting unlicensed persons to
perform services for which a license is required under
this Act;
(10) permitting the use of his or her license to
enable an unlicensed person or agency to operate as a
licensee;
(11) performing and charging for services without
having authorization to do so from the member of the
public being served; or
(12) failing to comply with any provision of this
Act or the rules adopted under this Act.
Section 70. Complaints. All complaints concerning
violations regarding licensees or unlicensed activity shall
be received and logged by the State Fire Marshal.
Section 75. Formal charges; hearings.
(a) Following the investigative process, the State Fire
Marshal may file formal charges against the licensee. The
formal charges shall, at a minimum, inform the licensee of
the facts that comprise the basis of the charge and that are
specific enough to enable the licensee to defend himself or
herself.
(b) Each licensee whose conduct is the subject of a
formal charge that seeks to impose disciplinary action
against the licensee shall be served notice of the formal
charge at least 30 days before the date of the hearing, which
shall be presided over by a hearing officer authorized by the
State Fire Marshal. Service shall be considered to have been
given if the notice was personally received by the licensee
or if the notice was sent by certified mail, return receipt
requested, to the licensee at the licensee's last known
address as listed with the State Fire Marshal.
(c) The notice of formal charges shall inform the
licensee (i) of the time, date, and place of the hearing;
(ii) that the licensee shall appear personally at the hearing
and may be represented by counsel; (iii) that the licensee
shall have the right to produce witnesses and evidence in his
or her behalf and shall have the right to cross-examine
witnesses and examine evidence produced against him or her;
(iv) that the hearing could result in disciplinary action
being taken against his or her license; (v) that rules for
the conduct of these hearings exist and it may be in the
licensee's best interest to obtain a copy; (vi) that a
hearing officer authorized by the State Fire Marshal shall
preside at the hearing and following the conclusion of the
hearing shall make findings of fact, conclusions of law, and
recommendations to the State Fire Marshal as to what
disciplinary action, if any, should be imposed on the
licensee; and (vii) that the State Fire Marshal may continue
the hearing.
(d) The hearing officer authorized by the State Fire
Marshal shall hear the evidence produced in support of the
formal charges and any contrary evidence produced by the
licensee. At the conclusion of the hearing, the hearing
officer shall make findings of fact, conclusions of law, and
recommendations and submit them to the State Fire Marshal and
to all parties to the proceeding. Submission to the licensee
shall be considered as having been made if done in a similar
fashion as service of the notice of formal charges. Within
20 days after such service, any party to the proceeding may
present to the State Fire Marshal a motion, in writing, for a
rehearing that specifies the grounds for rehearing.
(e) The State Fire Marshal, following the time allowed
for filing a motion for rehearing, shall review the hearing
officer's findings of fact, conclusions of law, and
recommendations and any motions filed subsequent to the
findings, conclusions, and recommendations. After reviewing
this information, the State Fire Marshal may hear oral
arguments, prior to issuing an order. The report of findings
of fact, conclusions of law, and recommendations of the
hearing officer shall be the basis for the State Fire
Marshal's order.
If the State Fire Marshal finds that substantial justice
was not done, he or she may issue an order in contravention
to the findings of fact, conclusions of law, and
recommendations of the hearing officer. The finding is not
admissible in evidence against the person in a criminal
prosecution brought for the violation of this Act.
(f) All proceedings pursuant to this Section are matters
of public record and shall be preserved.
Section 80. Sanctions.
(a) The State Fire Marshal shall impose any of the
following sanctions, singly or in combination, when he or she
finds that a licensee is guilty of any offense described in
Section 65:
(1) revocation;
(2) suspension for any period of time;
(3) reprimand or censure;
(4) placement on probationary status and
requirement that the licensee submit any of the
following:
(A) report regularly to the State Fire Marshal
upon matters that are the basis of the probation;
(B) continue or renew professional education
until a satisfactory degree of skill has been
attained in those areas that are the basis of the
probation; or
(C) any other reasonable requirements or
restrictions as are proper;
(5) refusal to issue, renew, or restore; or
(6) revocation of probation that has been granted
and imposition of any other discipline in this subsection
(a) when the requirements of probation have not been
fulfilled or have been violated.
(b) The State Fire Marshal may summarily suspend a
license under this Act, without a hearing, simultaneously
with the filing of a formal complaint and notice for a
hearing, if the State Fire Marshal finds that the continued
operations of the individual would constitute an immediate
danger to the public. In the event the State Fire Marshal
suspends a license under this subsection, a hearing by the
hearing officer designated by the State Fire Marshal shall be
held within 20 days after the suspension begins, unless
continued at the request of the licensee.
(c) Disposition may be made of any formal complaint by
consent order between the State Fire Marshal and the
licensee.
(d) The State Fire Marshal shall reinstate a license to
good standing under this Act, upon recommendation to the
State Fire Marshal, after a hearing before the hearing
officer authorized by the State Fire Marshal. The State Fire
Marshal shall be satisfied that the applicant's renewed
practice is not contrary to the public interest.
(e) The State Fire Marshal may conduct hearings and
issue cease and desist orders to persons who engage in
activities prohibited by this Act without having a valid
license, certificate, or registration. Any person in
violation of a cease and desist order entered by the State
Fire Marshal shall be subject to all of the remedies provided
by law and, in addition, shall be subject to a civil penalty
payable to the party injured by the violation.
(f) The State Fire Marshal shall seek to achieve
consistency in the application of the foregoing sanctions and
consent orders and significant departure from prior decisions
involving similar conduct shall be explained in the State
Fire Marshal's orders.
(g) Upon the suspension or revocation of a license
issued under this Act, a licensee shall surrender the license
to the State Fire Marshal and, upon failure to do so, the
State Fire Marshal shall seize the same.
(g-5) Any person, business, or corporation whose license
has been revoked under the provisions of this Act is
prohibited, for a period of 2 years from the date of
revocation, from owning more than 7 1/2% of a business or
corporation licensed under this Act.
(h) The State Fire Marshal may refuse to issue or may
suspend the license of any person who fails to file a return,
to pay the tax, penalty, or interest shown in a filed return,
or to pay any final assessment of tax, penalty, or interest,
as required by any tax Act administered by the Illinois
Department of Revenue, until the time that the requirements
of any such tax Act are satisfied.
Section 85. Depositions; witnesses; judicial review.
(a) The State Fire Marshal has the power to subpoena and
bring before him or her any person in this State and to take
testimony either orally or by deposition, or both, with the
same fees and mileage and in the same manner as is prescribed
by law for judicial proceedings in civil cases. The State
Fire Marshal and the hearing officer approved by the State
Fire Marshal have the power to administer oaths at any
hearing that the State Fire Marshal is authorized to conduct.
(b) A circuit court, upon the application of the
licensee or the State Fire Marshal, may order the attendance
of witnesses and the production of relevant books and papers
in any hearing conducted pursuant to this Act. The court may
compel obedience to its order by proceedings for contempt.
(c) The State Fire Marshal, at the Office's expense,
shall provide a stenographer or a mechanical recording
device to record the testimony and preserve a record of all
proceedings at the hearing of any case wherein a license may
be revoked, suspended, placed on probationary status, or
other disciplinary action taken with regard to the license.
The notice of hearing, the complaint, and all other documents
in the nature of pleadings and written motions filed in the
proceedings, the transcript of testimony, the report of the
hearing officer, and the orders of the State Fire Marshal
constitute the record of the proceedings. The State Fire
Marshal shall furnish a transcript of the record to any
interested person upon payment of the costs of copying and
transmitting the record.
(d) All final administrative decisions of the State Fire
Marshal are subject to judicial review pursuant to the
provisions of the Administrative Review Law and the rules
adopted pursuant thereto. Proceedings for judicial review
shall be commenced in the Circuit Court of the county in
which the party applying for review resides. If the party
applying for review is not a resident of Illinois, the venue
shall be in Sangamon County. The State Fire Marshal shall not
be required to certify any record to the court, file any
answer in court, or otherwise appear in any court in a
judicial review proceeding, unless there is filed in the
court with the complaint a receipt from the State Fire
Marshal acknowledging payment of the costs of furnishing and
certifying the record, which costs shall be computed at the
cost of preparing such record. Exhibits shall be certified
without cost. Failure on the part of the licensee to file
the receipt in court shall be grounds for dismissal of the
action.
During all judicial proceedings incident to disciplinary
action, the sanctions imposed upon the accused by the State
Fire Marshal shall remain in effect, unless the court feels
justice requires a stay of the order.
Section 90. Order; prima facie proof. An order or a
certified copy of an order, bearing the seal of the State
Fire Marshal and purporting to be signed by the State Fire
Marshal, is prima facie proof that:
(1) the signature is that of the State Fire
Marshal;
(2) the State Fire Marshal is qualified to act; and
(3) the hearing officer is qualified to act on
behalf of the State Fire Marshal.
Such proof may be rebutted.
Section 95. Publication of records. The State Fire
Marshal shall, upon request, publish a list of the names and
addresses of all licensees under the provisions of this Act.
Section 100. Criminal penalties. A person who violates
any of the provisions of this Act shall be guilty of a Class
A misdemeanor for the first offense and shall be guilty of a
Class 4 felony for a second or subsequent offense.
Section 105. Home rule. The regulation and licensing of
petroleum equipment contractors are exclusive powers and
functions of the State. A home rule unit may not regulate or
license petroleum equipment contractors. This Section is a
denial and limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the Illinois
Constitution. However, nothing in this Act shall limit the
authority of the Office of the State Fire Marshal and a
municipality with a population over 500,000 to enter into
contracts pursuant to paragraph (b) of subsection (2) of
Section 2 of the Gasoline Storage Act.
Section 900. The Regulatory Sunset Act is amended by
adding Section 4.22 as follows:
(5 ILCS 80/4.22 new)
Sec. 4.22. Act repealed on January 1, 2012. The
following Act is repealed on January 1, 2012:
The Petroleum Equipment Contractors Licensing Act.
Section 905. The Gasoline Storage Act is amended by
changing Sections 2 and 7 as follows:
(430 ILCS 15/2) (from Ch. 127 1/2, par. 154)
Sec. 2. Jurisdiction; regulation of tanks.
(1) (a) Except as otherwise provided in this Act, the
jurisdiction of the Office of the State Fire Marshal under
this Act shall be concurrent with that of municipalities and
other political subdivisions. The Office of the State Fire
Marshal has power to promulgate, pursuant to the Illinois
Administrative Procedure Act, reasonable rules and
regulations governing the keeping, storage, transportation,
sale or use of gasoline and volatile oils, including rules
requiring that underground storage tank contractors file a
bond or a certificate of insurance with the State Fire
Marshal, and rules governing the dismantling of abandoned
bulk storage plants. Nothing in this Act shall relieve any
person, corporation, or other entity from complying with any
zoning ordinance of a municipality or home rule unit enacted
pursuant to Section 11-13-1 of the Illinois Municipal Code or
any ordinance enacted pursuant to Section 11-8-4 of the
Illinois Municipal Code.
(b) The rulemaking power shall include the power to
promulgate rules providing for the issuance and revocation of
permits allowing the self service dispensing of motor fuels
as such term is defined in the Motor Fuel Tax Law in retail
service stations or any other place of business where motor
fuels are dispensed into the fuel tanks of motor vehicles,
internal combustion engines or portable containers. Such
rules shall specify the requirements that must be met both
prior and subsequent to the issuance of such permits in order
to insure the safety and welfare of the general public. The
operation of such service stations without a permit shall be
unlawful. The Office of the State Fire Marshal shall revoke
such permit if the self service operation of such a service
station is found to pose a significant risk to the safety and
welfare of the general public.
(c) However, except in any county with a population of
1,000,000 or more, the Office of the State Fire Marshal shall
not have the authority to prohibit the operation of a service
station solely on the basis that it is an unattended
self-service station which utilizes key or card operated
self-service motor fuel dispensing devices. Nothing in this
paragraph shall prohibit the Office of the State Fire Marshal
from adopting reasonable rules and regulations governing the
safety of self-service motor fuel dispensing devices.
(d) The State Fire Marshal shall not prohibit the
dispensing or delivery of flammable or combustible motor
vehicle fuels directly into the fuel tanks of vehicles from
tank trucks, tank wagons, or other portable tanks. The State
Fire Marshal shall adopt rules (i) for the issuance of
permits for the dispensing of motor vehicle fuels in the
manner described in this paragraph (d), (ii) that establish
fees for permits and inspections, and provide for those fees
to be deposited into the Fire Prevention Fund, (iii) that
require the dispensing of motor fuel in the manner described
in this paragraph (d) to meet conditions consistent with
nationally recognized standards such as those of the
National Fire Protection Association, and (iv) that restrict
the dispensing of motor vehicle fuels in the manner described
in this paragraph (d) to the following:
(A) agriculture sites for agricultural purposes,
(B) construction sites for refueling construction
equipment used at the construction site,
(C) sites used for the parking, operation, or
maintenance of a commercial vehicle fleet, but only if
the site is located in a county with 3,000,000 or more
inhabitants or a county contiguous to a county with
3,000,000 or more inhabitants and the site is not
normally accessible to the public, and
(D) sites used for the refueling of police, fire,
or emergency medical services vehicles or other vehicles
that are owned, leased, or operated by (or operated under
contract with) the State, a unit of local government, or
a school district, or any agency of the State and that
are not normally accessible to the public.
(2) (a) The Office of the State Fire Marshal shall adopt
rules and regulations regarding underground storage tanks and
associated piping and no municipality or other political
subdivision shall adopt or enforce any ordinances or
regulations regarding such underground tanks and piping other
than those which are identical to the rules and regulations
of the Office of the State Fire Marshal. It is declared to
be the law of this State, pursuant to paragraphs (h) and (i)
of Section 6 of Article VII of the Illinois Constitution,
that the establishment and enforcement of standards regarding
underground storage tanks and associated piping within the
jurisdiction of the Office of the State Fire Marshal is an
exclusive State function which may not be exercised
concurrently by a home rule unit except as expressly
permitted in this Act.
(b) The Office of the State Fire Marshal may enter into
written contracts with municipalities of over 500,000 in
population to enforce the rules and regulations adopted under
this subsection.
(3) (a) The Office of the State Fire Marshal shall have
authority over underground storage tanks which contain, have
contained, or are designed to contain petroleum, hazardous
substances and regulated substances as those terms are used
in Subtitle I of the Hazardous and Solid Waste Amendments of
1984 (P.L. 98-616), as amended by the Superfund Amendments
and Reauthorization Act of 1986 (P.L. 99-499). The Office
shall have the power with regard to underground storage tanks
to require any person who tests, installs, repairs, replaces,
relines, or removes any underground storage tank system
containing, formerly containing, or which is designed to
contain petroleum or other regulated substances to be
certified to perform that activity, to obtain a permit to
install, repair, replace, reline, or remove the particular
tank system, to pay an annual certification fee of $100 per
year, and to pay a fee set by the Office of $100 per site for
a permit to install, repair, replace, reline, upgrade, test,
or remove any portion of an underground storage tank system.
All persons who do repairs above grade level for themselves
need not pay a fee or be certified. All fees received by the
Office from certification and permits shall be deposited in
the Fire Prevention Fund for the exclusive use of the Office
in administering the Underground Storage Tank program.
(b) (i) Within 120 days after the promulgation of
regulations or amendments thereto by the Administrator of the
United States Environmental Protection Agency to implement
Section 9003 of Subtitle I of the Hazardous and Solid Waste
Amendments of 1984 (P.L. 98-616) of the Resource Conservation
and Recovery Act of 1976 (P.L. 95-580), as amended, the
Office of the State Fire Marshal shall adopt regulations or
amendments thereto which are identical in substance. The
rulemaking provisions of Section 5-35 of the Illinois
Administrative Procedure Act shall not apply to regulations
or amendments thereto adopted pursuant to this subparagraph
(i).
(ii) The Office of the State Fire Marshal may adopt
additional regulations relating to an underground storage
tank program that are not inconsistent with and at least as
stringent as Section 9003 of Subtitle I of the Hazardous and
Solid Waste Amendments of 1984 (P.L. 98-616) of the Resource
Conservation and Recovery Act of 1976 (P.L. 94-580), as
amended, or regulations adopted thereunder. Except as
provided otherwise in subparagraph (i) of this paragraph (b),
the Office of the State Fire Marshal shall not adopt
regulations relating to corrective action at underground
storage tanks. Regulations adopted pursuant to this
subsection shall be adopted in accordance with the procedures
for rulemaking in Section 5-35 of the Illinois Administrative
Procedure Act.
(c) The Office of the State Fire Marshal shall require
any person, corporation or other entity who tests an
underground tank or its piping or cathodic protection for
another, except a lessor for his or her lessee, to register
with the Office, and pay an annual registration fee of $100,
to be deposited in the Fire Prevention Fund, and to report
the results of such test to the Office.
(d) In accordance with constitutional limitations, the
Office shall have authority to enter at all reasonable times
upon any private or public property for the purpose of:
(i) Inspecting and investigating to ascertain
possible violations of this Act, of regulations
thereunder or of permits or terms or conditions thereof;
or
(ii) In accordance with the provisions of this Act,
taking whatever emergency action, that is necessary or
appropriate, to assure that the public health or safety
is not threatened whenever there is a release or a
substantial threat of a release of petroleum or a
regulated substance from an underground storage tank.
(e) The Office of the State Fire Marshal may issue an
Administrative Order to any person who it reasonably believes
has violated the rules and regulations governing underground
storage tanks, including the installation, repair, leak
detection, cathodic protection tank testing, removal or
release notification. Such an order shall be served by
registered or certified mail or in person. Any person served
with such an order may appeal such order by submitting in
writing any such appeal to the Office within 10 days of the
date of receipt of such order. The Office shall conduct an
administrative hearing governed by the Illinois
Administrative Procedure Act and enter an order to sustain,
modify or revoke such order. Any appeal from such order shall
be to the circuit court of the county in which the violation
took place and shall be governed by the Administrative Review
Law.
(f) The Office of the State Fire Marshal shall not
require the removal of an underground tank system taken out
of operation before January 2, 1974, except in the case in
which the office of the State Fire Marshal has determined
that a release from the underground tank system poses a
current or potential threat to human health and the
environment. In that case, and upon receipt of an Order from
the Office of the State Fire Marshal, the owner or operator
of the nonoperational underground tank system shall assess
the excavation zone and close the system in accordance with
regulations promulgated by the Office of the State Fire
Marshal.
(4) (a) The Office of the State Fire Marshal shall adopt
rules and regulations regarding aboveground storage tanks and
associated piping and no municipality or other political
subdivision shall adopt or enforce any ordinances or
regulations regarding such aboveground tanks and piping other
than those which are identical to the rules and regulations
of the Office of the State Fire Marshal unless, in the
interest of fire safety, the Office of the State Fire Marshal
delegates such authority to municipalities, political
subdivisions or home rule units. It is declared to be the
law of this State, pursuant to paragraphs (h) and (i) of
Section 6 of Article VII of the Illinois Constitution, that
the establishment of standards regarding aboveground storage
tanks and associated piping within the jurisdiction of the
Office of the State Fire Marshal is an exclusive State
function which may not be exercised concurrently by a home
rule unit except as expressly permitted in this Act.
(b) The Office of the State Fire Marshal shall enforce
its rules and regulations concerning aboveground storage
tanks and associated piping; however, municipalities may
enforce any of their zoning ordinances or zoning regulations
regarding aboveground tanks. The Office of the State Fire
Marshal may issue an administrative order to any owner of an
aboveground storage tank and associated piping it reasonably
believes to be in violation of such rules and regulations to
remedy or remove any such violation. Such an order shall be
served by registered or certified mail or in person. Any
person served with such an order may appeal such order by
submitting in writing any such appeal to the Office within 10
days of the date of receipt of such order. The Office shall
conduct an administrative hearing governed by the Illinois
Administrative Procedure Act and enter an order to sustain,
modify or revoke such order. Any appeal from such order
shall be to the circuit court of the county in which the
violation took place and shall be governed by the
Administrative Review Law.
(Source: P.A. 91-851, eff. 1-1-01.)
(430 ILCS 15/7) (from Ch. 127 1/2, par. 159)
Sec. 7. (a) A violation of:
(1) paragraph (a) or (b) of subsection (3) of
Section 2 of this Act is a business offense punishable by
a fine of not more than $10,000 per day;
(2) (blank); paragraph (c) of subsection (3) of
Section 2 is a petty offense punishable by a fine of not
less than $100 nor more than $500 per tank tested;
(3) Section Sections 4 and 5 of this Act is a
business offense punishable by a fine of not more than
$10,000 per day;
(3.5) Section 3.5 of this Act is a business offense
punishable by fine of not more than $10,000 per offense;
(4) an administrative order as described in
paragraph (e) of subsection (3) of Section 2, paragraph
(b) of subsection (4) of Section 2 or subsection (c) of
Section 6 after it has become final is a business offense
punishable by a fine of not less than $1,000 nor more
than $25,000 per day;
(5) any other rule promulgated by the Office of the
State Fire Marshal is a business offense punishable by a
fine of not less than $100 nor more than $1,000 for each
offense or each day of continued violation.
(b) (Blank). The State Fire Marshal may suspend or
revoke the registration of any person who has violated the
rules of the State Fire Marshal after notice and opportunity
for an Administrative hearing which shall be governed by the
Illinois Administrative Procedure Act. Any appeal from such
suspension or revocation shall be to the circuit court of the
county in which the hearing was held and be governed by the
Administrative Review Law.
(c) A civil action to recover such fines may be brought
by the Attorney General or the State's Attorney of the county
in which the violation occurred.
(d) Any monies received by the State under this Section
shall be deposited into the Underground Storage Tank Fund.
(Source: P.A. 90-662, eff. 7-30-98.)
Section 999. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly April 24, 2002.
Approved July 11, 2002.
Effective July 11, 2002.
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