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91_HB3478eng
HB3478 Engrossed LRB9111042ACmg
1 AN ACT in relation to motor fuel.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Motor Fuel Tax Law is amended by changing
5 Section 1.9 as follows:
6 (35 ILCS 505/1.9) (from Ch. 120, par. 417.9)
7 Sec. 1.9. "Sale" means, in addition to its ordinary
8 meaning, any exchange, gift or other disposition. In every
9 case where motor fuel is exchanged, given or otherwise
10 disposed of, it shall be deemed to have been sold. For
11 purposes of this Act, if motor fuel is dispensed from a tank
12 truck, tank wagon, or other portable tank directly into the
13 fuel tank of a motor vehicle, the sale shall be deemed to
14 occur at the location where the motor fuel is dispensed.
15 (Source: Laws 1961, p. 3653.)
16 Section 10. The Gasoline Storage Act is amended by
17 changing Section 2 as follows:
18 (430 ILCS 15/2) (from Ch. 127 1/2, par. 154)
19 Sec. 2. Jurisdiction; regulation of tanks.
20 (1) (a) Except as otherwise provided in this Act, the
21 jurisdiction of the Office of the State Fire Marshal under
22 this Act shall be concurrent with that of municipalities and
23 other political subdivisions. The Office of the State Fire
24 Marshal has power to promulgate, pursuant to the Illinois
25 Administrative Procedure Act, reasonable rules and
26 regulations governing the keeping, storage, transportation,
27 sale or use of gasoline and volatile oils, including rules
28 requiring that underground storage tank contractors file a
29 bond or a certificate of insurance with the State Fire
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1 Marshal, and rules governing the dismantling of abandoned
2 bulk storage plants. Nothing in this Act shall relieve any
3 person, corporation, or other entity from complying with any
4 zoning ordinance of a municipality or home rule unit enacted
5 pursuant to Section 11-13-1 of the Illinois Municipal Code or
6 any ordinance enacted pursuant to Section 11-8-4 of the
7 Illinois Municipal Code.
8 (b) The rulemaking power shall include the power to
9 promulgate rules providing for the issuance and revocation of
10 permits allowing the self service dispensing of motor fuels
11 as such term is defined in the Motor Fuel Tax Law in retail
12 service stations or any other place of business where motor
13 fuels are dispensed into the fuel tanks of motor vehicles,
14 internal combustion engines or portable containers. Such
15 rules shall specify the requirements that must be met both
16 prior and subsequent to the issuance of such permits in order
17 to insure the safety and welfare of the general public. The
18 operation of such service stations without a permit shall be
19 unlawful. The Office of the State Fire Marshal shall revoke
20 such permit if the self service operation of such a service
21 station is found to pose a significant risk to the safety and
22 welfare of the general public.
23 (c) However, except in any county with a population of
24 1,000,000 or more, the Office of the State Fire Marshal shall
25 not have the authority to prohibit the operation of a service
26 station solely on the basis that it is an unattended
27 self-service station which utilizes key or card operated
28 self-service motor fuel dispensing devices. Nothing in this
29 paragraph shall prohibit the Office of the State Fire Marshal
30 from adopting reasonable rules and regulations governing the
31 safety of self-service motor fuel dispensing devices.
32 (d) The State Fire Marshal shall not prohibit the
33 dispensing or delivery of flammable or combustible motor
34 vehicle fuels directly into the fuel tanks of vehicles from
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1 tank trucks, tank wagons, or other portable tanks. The State
2 Fire Marshal shall adopt rules (i) for the issuance of
3 permits for the dispensing of motor vehicle fuels in the
4 manner described in this paragraph (d), (ii) that establish
5 fees for permits and inspections, and provide for those fees
6 to be deposited into the Fire Prevention Fund, (iii) that
7 require the dispensing of motor fuel in the manner described
8 in this paragraph (d) to meet the conditions set forth in
9 Section 8-3 and subsections (b) through (g) of Section 4 of
10 National Fire Protection Standard 30-A, "Automotive and
11 Marine Service Station Code" (1987 edition), (iv) that
12 require the motor fuel dispensed from the tank truck, tank
13 wagon, or portable tank to be purchased from a fuel supplier
14 or fuel retailer licensed under this Act who has paid the tax
15 on the fuel sold, (v) that require payment of all local taxes
16 applicable at the point of delivery, and (vi) that restrict
17 the dispensing of motor vehicle fuels in the manner described
18 in this paragraph (d) to the following:
19 (A) agriculture sites for agricultural purposes,
20 (B) construction sites for refueling construction
21 equipment used at the construction site,
22 (C) sites used for the parking, operation, or
23 maintenance of a commercial vehicle fleet, but only if
24 the site is located in a county with 3,000,000 or more
25 inhabitants or a county contiguous to a county with
26 3,000,000 or more inhabitants and the site is not
27 normally accessible to the public, and
28 (D) the refueling of police, fire, or emergency
29 medical services vehicles or other vehicles that are
30 owned, leased, or operated by (or operated under contract
31 with) the State, a unit of local government, or a school
32 district, or any agency of the State, a unit of local
33 government, or a school district.
34 (2) (a) The Office of the State Fire Marshal shall adopt
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1 rules and regulations regarding underground storage tanks and
2 associated piping and no municipality or other political
3 subdivision shall adopt or enforce any ordinances or
4 regulations regarding such underground tanks and piping other
5 than those which are identical to the rules and regulations
6 of the Office of the State Fire Marshal. It is declared to
7 be the law of this State, pursuant to paragraphs (h) and (i)
8 of Section 6 of Article VII of the Illinois Constitution,
9 that the establishment and enforcement of standards regarding
10 underground storage tanks and associated piping within the
11 jurisdiction of the Office of the State Fire Marshal is an
12 exclusive State function which may not be exercised
13 concurrently by a home rule unit except as expressly
14 permitted in this Act.
15 (b) The Office of the State Fire Marshal may enter into
16 written contracts with municipalities of over 500,000 in
17 population to enforce the rules and regulations adopted under
18 this subsection.
19 (3) (a) The Office of the State Fire Marshal shall have
20 authority over underground storage tanks which contain, have
21 contained, or are designed to contain petroleum, hazardous
22 substances and regulated substances as those terms are used
23 in Subtitle I of the Hazardous and Solid Waste Amendments of
24 1984 (P.L. 98-616), as amended by the Superfund Amendments
25 and Reauthorization Act of 1986 (P.L. 99-499). The Office
26 shall have the power with regard to underground storage tanks
27 to require any person who tests, installs, repairs, replaces,
28 relines, or removes any underground storage tank system
29 containing, formerly containing, or which is designed to
30 contain petroleum or other regulated substances to be
31 certified to perform that activity, to obtain a permit to
32 install, repair, replace, reline, or remove the particular
33 tank system, to pay an annual certification fee of $100 per
34 year, and to pay a fee of $100 per site for a permit to
HB3478 Engrossed -5- LRB9111042ACmg
1 install, repair, replace, reline, or remove any underground
2 storage tank system. All persons who do repairs above grade
3 level for themselves need not pay a fee or be certified. All
4 fees received by the Office from certification and permits
5 shall be deposited in the Fire Prevention Fund for the
6 exclusive use of the Office in administering the Underground
7 Storage Tank program.
8 (b) (i) Within 120 days after the promulgation of
9 regulations or amendments thereto by the Administrator of the
10 United States Environmental Protection Agency to implement
11 Section 9003 of Subtitle I of the Hazardous and Solid Waste
12 Amendments of 1984 (P.L. 98-616) of the Resource Conservation
13 and Recovery Act of 1976 (P.L. 95-580), as amended, the
14 Office of the State Fire Marshal shall adopt regulations or
15 amendments thereto which are identical in substance. The
16 rulemaking provisions of Section 5-35 of the Illinois
17 Administrative Procedure Act shall not apply to regulations
18 or amendments thereto adopted pursuant to this subparagraph
19 (i).
20 (ii) The Office of the State Fire Marshal may adopt
21 additional regulations relating to an underground storage
22 tank program that are not inconsistent with and at least as
23 stringent as Section 9003 of Subtitle I of the Hazardous and
24 Solid Waste Amendments of 1984 (P.L. 98-616) of the Resource
25 Conservation and Recovery Act of 1976 (P.L. 94-580), as
26 amended, or regulations adopted thereunder. Except as
27 provided otherwise in subparagraph (i) of this paragraph (b),
28 the Office of the State Fire Marshal shall not adopt
29 regulations relating to corrective action at underground
30 storage tanks. Regulations adopted pursuant to this
31 subsection shall be adopted in accordance with the procedures
32 for rulemaking in Section 5-35 of the Illinois Administrative
33 Procedure Act.
34 (c) The Office of the State Fire Marshal shall require
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1 any person, corporation or other entity who tests an
2 underground tank or its piping or cathodic protection for
3 another, except a lessor for his or her lessee, to register
4 with the Office, and pay an annual registration fee of $100,
5 to be deposited in the Fire Prevention Fund, and report the
6 results of such test to the Office.
7 (d) In accordance with constitutional limitations, the
8 Office shall have authority to enter at all reasonable times
9 upon any private or public property for the purpose of:
10 (i) Inspecting and investigating to ascertain
11 possible violations of this Act, of regulations
12 thereunder or of permits or terms or conditions thereof;
13 or
14 (ii) In accordance with the provisions of this Act,
15 taking whatever emergency action, that is necessary or
16 appropriate, to assure that the public health or safety
17 is not threatened whenever there is a release or a
18 substantial threat of a release of petroleum or a
19 regulated substance from an underground storage tank.
20 (e) The Office of the State Fire Marshal may issue an
21 Administrative Order to any person who it reasonably believes
22 has violated the rules and regulations governing underground
23 storage tanks, including the installation, repair, leak
24 detection, cathodic protection tank testing, removal or
25 release notification. Such an order shall be served by
26 registered or certified mail or in person. Any person served
27 with such an order may appeal such order by submitting in
28 writing any such appeal to the Office within 10 days of the
29 date of receipt of such order. The Office shall conduct an
30 administrative hearing governed by the Illinois
31 Administrative Procedure Act and enter an order to sustain,
32 modify or revoke such order. Any appeal from such order shall
33 be to the circuit court of the county in which the violation
34 took place and shall be governed by the Administrative Review
HB3478 Engrossed -7- LRB9111042ACmg
1 Law.
2 (f) The Office of the State Fire Marshal shall not
3 require the removal of an underground tank system taken out
4 of operation before January 2, 1974, except in the case in
5 which the office of the State Fire Marshal has determined
6 that a release from the underground tank system poses a
7 current or potential threat to human health and the
8 environment. In that case, and upon receipt of an Order from
9 the Office of the State Fire Marshal, the owner or operator
10 of the nonoperational underground tank system shall assess
11 the excavation zone and close the system in accordance with
12 regulations promulgated by the Office of the State Fire
13 Marshal.
14 (4) (a) The Office of the State Fire Marshal shall adopt
15 rules and regulations regarding aboveground storage tanks and
16 associated piping and no municipality or other political
17 subdivision shall adopt or enforce any ordinances or
18 regulations regarding such aboveground tanks and piping other
19 than those which are identical to the rules and regulations
20 of the Office of the State Fire Marshal unless, in the
21 interest of fire safety, the Office of the State Fire Marshal
22 delegates such authority to municipalities, political
23 subdivisions or home rule units. It is declared to be the
24 law of this State, pursuant to paragraphs (h) and (i) of
25 Section 6 of Article VII of the Illinois Constitution, that
26 the establishment of standards regarding aboveground storage
27 tanks and associated piping within the jurisdiction of the
28 Office of the State Fire Marshal is an exclusive State
29 function which may not be exercised concurrently by a home
30 rule unit except as expressly permitted in this Act.
31 (b) The Office of the State Fire Marshal shall enforce
32 its rules and regulations concerning aboveground storage
33 tanks and associated piping; however, municipalities may
34 enforce any of their zoning ordinances or zoning regulations
HB3478 Engrossed -8- LRB9111042ACmg
1 regarding aboveground tanks. The Office of the State Fire
2 Marshal may issue an administrative order to any owner of an
3 aboveground storage tank and associated piping it reasonably
4 believes to be in violation of such rules and regulations to
5 remedy or remove any such violation. Such an order shall be
6 served by registered or certified mail or in person. Any
7 person served with such an order may appeal such order by
8 submitting in writing any such appeal to the Office within 10
9 days of the date of receipt of such order. The Office shall
10 conduct an administrative hearing governed by the Illinois
11 Administrative Procedure Act and enter an order to sustain,
12 modify or revoke such order. Any appeal from such order
13 shall be to the circuit court of the county in which the
14 violation took place and shall be governed by the
15 Administrative Review Law.
16 (Source: P.A. 88-45; 89-161, eff. 7-19-95.)
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