HB2499 94TH GENERAL ASSEMBLY

LRB094 10755 RXD 41183 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2499

Introduced 2/17/2005, by Rep. Jim Sacia

SYNOPSIS AS INTRODUCED:

430 ILCS 15/4	from Ch. 127 1/2, par. 156
430 ILCS 15/4.5 new
430 ILCS 15/6	from Ch. 127 1/2, par. 158
430 ILCS 15/6.1	from Ch. 127 1/2, par. 158.1
430 ILCS 15/7	from Ch. 127 1/2, par. 159

Amends the Gasoline Storage Act. Provides that a retailer of ethanol blended gasoline that owns an ethanol aboveground storage tank having a capacity of greater than 1,000 gallons shall register the tank with the Office of the State Fire Marshal. Provides that each retailer required to register an ethanol aboveground storage tank shall pay the Office of the State Fire Marshal a registration fee. Expands the rulemaking authority of the Office of the State Fire Marshal to regulate ethanol aboveground storage tanks. Defines "ethanol aboveground storage tank".

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Gasoline Storage Act is amended by changing Sections 4, 6, 6.1, and 7 and by adding Section 4.5 as follows:

(430 ILCS 15/4) (from Ch. 127 1/2, par. 156)

Sec. 4. Underground Storage Tank Program; administration.

(a) In cooperation with the Illinois Environmental Protection Agency, the Office of the State Fire Marshal shall administer the Illinois Underground Storage Tank Program in accordance with this Section and Section 22.12 of the Environmental Protection Act.

(b) (1)(A) The owner of an underground storage tank that was not taken out of operation before January 2, 1974, and that at any time between January 1, 1974, and September 24, 1987, contained petroleum or petroleum products or hazardous substances, with the exception of hazardous wastes, shall register the tank with the Office of the State Fire Marshal. No underground storage tank taken out of operation before January 2, 1974, may be registered under this Act. No underground storage tank otherwise required to be registered under this subparagraph (A) may be registered under this Act if that tank was removed before September 24, 1987.

(B) The owner of a heating oil underground storage tank having a capacity of greater than 1100 gallons that was not taken out of operation before January 2, 1974, and that at any time between January 1, 1974, and July 11, 1990, contained heating oil shall register the tank with the Office of the State Fire Marshal. No heating oil underground storage tank taken out of operation before January 2, 1974, may be registered under this Act. No heating oil underground storage tank otherwise required to be registered under this subparagraph (B) may be registered under this Act if that tank was removed before July 11, 1990.

(C) The owner of a heating oil underground storage tank having a capacity of 1,100 gallons or less that was not taken out of operation before January 2, 1974, and that any time between January 1, 1974, and September 6, 1991, contained heating oil shall register the tank with the Office of State Fire Marshal. No heating oil underground storage tank taken out of operation before January 2, 1974, may be registered under this Act. No heating oil underground storage tank otherwise required to be registered under this subparagraph (C) may be registered under this Act if that tank was removed before September 6, 1991.

(D) "Operation", as used in this subsection (b), means that the tank must have had input or output of petroleum, petroleum products, or hazardous substances, with the exception of hazardous wastes, during the regular course of its usage. "Operation" does not include (i) compliance with leak detection requirements as prescribed by rules and regulations of the Office of State Fire Marshal or (ii) the mere containment or storage of petroleum, petroleum products, or hazardous substances, with the exception of hazardous wastes.

(2) The owner of an underground storage tank who registered the tank with the Office of the State Fire Marshal under Section 4 of the State Fire Marshal Act prior to September 24, 1987 shall be deemed to have registered the tank under paragraph (1).

(3)(A) Each person required to register an underground storage tank, other than a heating oil underground storage tank, under paragraph (1) shall pay the Office of the State Fire Marshal a registration fee of $500 for each tank registered, to be deposited in the Underground Storage Tank Fund.

(B) Each person required to register a heating oil underground storage tank shall pay to the Office of the State Fire Marshal a registration fee of $100 for each tank registered before July 2, 1992, and $500 for each tank registered after July 1, 1992, to be deposited into the Underground Storage Tank Fund.

(C) No registration fee shall be due under this paragraph (3) for underground storage tanks deemed registered pursuant to paragraph (2).

(4) The Office of the State Fire Marshal shall establish procedures relating to the collection of the fees authorized by this subsection. Such procedures shall include, but need not be limited to, the time and manner of payment to the Office of the State Fire Marshal.

(5) The State Fire Marshal is authorized to enter into such contracts and agreements as may be necessary, and as expeditiously as necessary, to carry out the Office of the State Fire Marshal's duties under this subsection.

(6)(A) The owner of an underground storage tank, other than a heating oil underground storage tank, which is installed or replaced after September 24, 1987, and which contained, contains or may contain petroleum or petroleum products or hazardous substances, with the exception of hazardous wastes, shall register the tank with the Office of the State Fire Marshal prior to the installation or replacement.

(B) The owner of a heating oil underground storage tank installed or replaced after July 11, 1990, and which contained or may contain heating oil shall register the tank with the Office of the State Fire Marshal before the installation or replacement.

(7) Any person required to register an underground storage tank under paragraph (1) or paragraph (6) of this subsection shall register the tank on forms provided by the Office of the State Fire Marshal.

(c) Except as otherwise provided in subsection (d), a person who is the owner of an underground storage tank containing petroleum or petroleum products or hazardous substances, except hazardous waste, registered under subsection (b) shall notify the Office of the State Fire Marshal of any change in the information required under this Section or of the removal of an underground storage tank from service.

(d) A person who is the owner of an underground storage tank containing petroleum or petroleum products or hazardous substances, except hazardous waste, the contents of which are changed routinely, shall indicate all the materials which are stored in the tank on the registration form. A person providing the information described in this subsection is not required to notify the Office of the State Fire Marshal of changes in the contents of the tank unless the material to be stored in the tank differs from the information provided on the registration form.

(e) For purposes of this Act:

The terms "petroleum" and "underground storage tank" shall have the meanings ascribed to them in 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), except that "underground storage tank" shall include heating oil underground storage tanks; however no release detection shall be required of heating oil tanks, in existence as of July 11, 1990, prior to December 22, 1998. The Office of the State Fire Marshal shall have the authority to determine the criteria for classification of an underground storage tank as being either a petroleum underground storage tank or a hazardous substance underground storage tank.

When used in connection with, or when otherwise relating to underground storage tanks, the terms "operator", "owner", and "facility" shall have the meanings ascribed to them in 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).

"Bodily injury" means bodily injury, sickness, or disease sustained by a person, including death at any time, resulting from a release of petroleum from an underground storage tank.

"Property damage" means physical injury to, destruction of, or contamination of tangible property, including all resulting loss of use of that property; or loss of use of tangible property that is not physically injured, destroyed, or contaminated, but has been evacuated, withdrawn from use, or rendered inaccessible because of an occurrence.

"Occurrence" means an accident, including continuous or repeated exposure to conditions, which results in a release of petroleum into the environment from an underground storage tank.

"Heating oil" means petroleum that is No. 1, No. 2, No. 4 light, No. 4 heavy, No. 5 light, No. 5 heavy, or No. 6 technical grades of fuel oil; or other residual fuel oils including Navy Special Fuel Oil and Bunker C.

"Heating oil underground storage tank" means an underground storage tank serving other than farms or residential units that is used exclusively to store heating oil for consumptive use on the premises where stored.

"Ethanol aboveground storage tank" means any one or combination of tanks (including aboveground pipes connected thereto) which contain an accumulation of ethanol, and the volume of which (including the volume of the aboveground pipes connected thereto) is 90% or more above the surface of the ground.

(Source: P.A. 87-323; 87-1088; 88-496.)

(430 ILCS 15/4.5 new)

Sec. 4.5. Ethanol aboveground storage tanks; administration.

(a) A retailer of ethanol blended gasoline that owns an ethanol aboveground storage tank having a capacity of greater than 1,000 gallons, shall register the ethanol aboveground storage tank with the Office of the State Fire Marshal. Each retailer required to register an ethanol aboveground storage tank shall pay the Office of the State Fire Marshal a registration fee, to be established by the Office of the State Fire Marshal. The Office of the State Fire Marshal shall establish procedures relating to the collection of the registration fees authorized under this subsection (a). The procedures shall include, but need not be limited to, the time and manner of payment to the Office of the State Fire Marshal. The State Fire Marshal is authorized to enter into such contracts and agreements as may be necessary, and as expeditiously necessary, to carry out the Office of the State Fire Marshal's duties under this subsection (a). Any retailer required to register an ethanol aboveground storage tank shall register the tank on forms provided by the Office of the State Fire Marshal.

(b) A retailer of ethanol blended gasoline that owns an ethanol aboveground storage tank having a capacity of greater than 1,000 gallons, the contents of which are changed routinely, shall indicate all the materials which are stored in the tank on the registration form. A retailer providing the information described in this subsection (b) is not required to notify the Office of the State Fire Marshal of any change in the contents of the tank unless the material to be stored in the tank differs from the information provided on the registration form.

(430 ILCS 15/6) (from Ch. 127 1/2, par. 158)

Sec. 6. (a) If necessary or appropriate to assure that the public health or safety is not threatened, the Office of State Fire Marshal shall have authority to:

(1)(A) provide notice to the owner or operator, or both, of an underground storage tank or ethanol aboveground storage tank whenever there is a release or substantial threat of a release of petroleum or regulated substances from such tank. Such notice shall include the identified emergency action and an opportunity for the owner or operator, or both, to perform the emergency action; or

(B) undertake emergency action whenever there is a release or substantial threat of a release of petroleum or regulated substances from an underground storage tank or ethanol aboveground storage tank.

(2) If notice has been provided under clause (A) of paragraph (1) of this subsection, the Office shall have the authority to require the owner or operator, or both, of an underground storage tank or ethanol aboveground storage tank to undertake emergency action whenever there is a release or substantial threat of a release of petroleum or regulated substances from such tank.

(3) The emergency action undertaken or required under this Section shall be such as may be necessary or appropriate to assure that the public health or safety is not threatened.

(b) 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 taking emergency action whenever there is a release or substantial threat of a release of petroleum or regulated substances from an underground storage tank or ethanol aboveground storage tank.

(c) The Office shall require emergency action under paragraph (2) of subsection (a) through issuance of an Administrative Order. Such an order shall be served by registered or certified mail or in person and may order emergency action. 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.

(d) Neither the State, the State Fire Marshal, nor any State employee shall be liable for any damages or injury arising out of or resulting from any action taken under Section 6.

(Source: P.A. 85-1325.)

(430 ILCS 15/6.1) (from Ch. 127 1/2, par. 158.1)

Sec. 6.1. Financial responsibility.

(a) Each owner or operator shall establish and maintain evidence of financial responsibility, as provided in this Section, for taking corrective action and compensating third parties for bodily injury and property damage.

(b) Each owner or operator shall maintain financial responsibility at the following minimum amounts:

(1) $10,000 per occurrence for corrective action;

(2) $10,000 per occurrence for bodily injury and property damage to third parties.

(c) Each owner or operator shall establish and maintain evidence of financial responsibility by any combination of the following:

(1) commercial or private insurance, including risk retention groups;

(2) qualification as a self insurer; or

(3) guarantee, surety bond, letter of credit, certificate of deposit, or designated savings account.

To qualify as a self insurer under this Section, the owner or operator must demonstrate net worth equal to or in excess of 10 times the amount specified in subsection (b) of this Section.

(d) The establishment and enforcement of standards for the financial responsibility of the owners and operators of underground storage tanks and ethanol aboveground storage tanks, and associated piping are exclusive powers and functions of the State. A home rule unit may not regulate or establish standards for the financial responsibility of the owners and operators of underground storage tanks or ethanol aboveground storage tanks. 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.

(Source: P.A. 87-323.)

(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);

(2.5) Section 4.5 of this Act is a business offense punishable by a fine of not more than $10,000 per day;

(3) Section 4 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).

(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. 92-618, eff. 7-11-02.)