Full Text of HB4569 100th General Assembly
HB4569enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Gasoline Storage Act is amended by changing | 5 | | Section 2 as follows:
| 6 | | (430 ILCS 15/2) (from Ch. 127 1/2, par. 154)
| 7 | | Sec. 2. Jurisdiction; regulation of tanks.
| 8 | | (1)(a) Except as otherwise provided in this Act, the | 9 | | jurisdiction of the
Office of the State Fire Marshal under this | 10 | | Act shall be concurrent with that
of municipalities and other | 11 | | political subdivisions. The Office of the State
Fire Marshal | 12 | | has power to promulgate, pursuant to the Illinois | 13 | | Administrative
Procedure Act, reasonable rules and regulations | 14 | | governing the keeping, storage,
transportation, sale or use of | 15 | | gasoline and volatile oils. Nothing in this Act
shall relieve | 16 | | any person,
corporation, or other entity from complying with | 17 | | any zoning ordinance of a
municipality or home rule unit | 18 | | enacted pursuant to
Section 11-13-1 of the Illinois Municipal | 19 | | Code or any ordinance enacted
pursuant to Section 11-8-4 of the | 20 | | Illinois Municipal Code.
| 21 | | (b) The rulemaking power shall include the power to | 22 | | promulgate rules
providing for the issuance and revocation of | 23 | | permits allowing the self
service dispensing of motor fuels as |
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| 1 | | such term is defined in the Motor
Fuel Tax Law in retail | 2 | | service stations or any other place of business
where motor | 3 | | fuels are dispensed into the fuel tanks of motor vehicles,
| 4 | | internal combustion engines or portable containers. Such rules | 5 | | shall
specify the requirements that must be met both prior and | 6 | | subsequent to the
issuance of such permits in order to insure | 7 | | the safety and welfare of the
general public. The operation of | 8 | | such service stations without a permit
shall be unlawful. The | 9 | | Office of the State Fire Marshal shall revoke such
permit if | 10 | | the self service operation of such a service station is found | 11 | | to
pose a significant risk to the safety and welfare of the | 12 | | general public.
| 13 | | (c) However, except in any county with a population of | 14 | | 1,000,000 or
more, the Office of the State Fire Marshal shall | 15 | | not have the
authority to prohibit the operation of a service | 16 | | station solely on the
basis that it is an unattended | 17 | | self-service station which utilizes key or
card operated | 18 | | self-service motor fuel dispensing devices. Nothing
in this | 19 | | paragraph shall prohibit the Office of the State Fire Marshal | 20 | | from
adopting reasonable rules and regulations governing the | 21 | | safety of
self-service motor fuel dispensing devices.
| 22 | | (d) The State Fire Marshal shall not prohibit the | 23 | | dispensing or delivery
of flammable or combustible motor | 24 | | vehicle fuels directly into the fuel tanks
of vehicles from | 25 | | tank trucks, tank wagons, or other portable tanks. The
State | 26 | | Fire Marshal shall adopt rules (i) for the issuance of permits |
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| 1 | | for the
dispensing of motor vehicle fuels in the manner | 2 | | described in this paragraph
(d), (ii) that establish fees for | 3 | | permits and inspections, and provide
for those fees to be | 4 | | deposited into the Fire Prevention Fund,
(iii) that require the | 5 | | dispensing of motor fuel in the manner described
in this | 6 | | paragraph (d) to meet conditions consistent with nationally | 7 | | recognized
standards such as those of the National Fire | 8 | | Protection Association, and (iv)
that restrict the dispensing | 9 | | of motor vehicle fuels in the manner described in
this | 10 | | paragraph (d) to the following:
| 11 | | (A) agriculture sites for agricultural purposes;
| 12 | | (B) construction sites for refueling construction | 13 | | equipment used at the
construction site;
| 14 | | (C) sites used for the parking, operation, or | 15 | | maintenance of a commercial
vehicle fleet, but only if the | 16 | | site is located in a county with 3,000,000 or
more | 17 | | inhabitants or a county contiguous to a county with | 18 | | 3,000,000 or more
inhabitants and the site is not normally | 19 | | accessible to the public;
| 20 | | (D) sites used for the refueling of police, fire, or | 21 | | emergency medical
services vehicles or other vehicles that | 22 | | are owned, leased, or operated by
(or operated under | 23 | | contract with) the State, a unit of local government, or
a | 24 | | school district, or any agency of the State and that are | 25 | | not normally
accessible to the public; and
| 26 | | (E) any of the following sites permitted under the |
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| 1 | | Environmental Protection Act, provided that the only | 2 | | refueling at the sites is limited to off-road vehicles and | 3 | | equipment used at and for the operation of the sites: | 4 | | (i) waste disposal sites; | 5 | | (ii) sanitary landfills; and | 6 | | (iii) municipal solid waste landfill units. | 7 | | (2)(a) The Office of the State Fire Marshal shall adopt | 8 | | rules and
regulations regarding underground storage tanks and | 9 | | associated piping and
no municipality or other political | 10 | | subdivision shall adopt or enforce any
ordinances or | 11 | | regulations regarding such underground tanks and piping other
| 12 | | than those which are identical to the rules and regulations of | 13 | | the Office
of the State Fire Marshal. It is declared to be the | 14 | | law of this State,
pursuant to paragraphs (h) and (i) of | 15 | | Section 6 of Article VII of the
Illinois Constitution, that the | 16 | | establishment and enforcement of standards
regarding | 17 | | underground storage tanks and associated piping within the
| 18 | | jurisdiction of the Office of the State Fire Marshal is an | 19 | | exclusive State
function which may not be exercised | 20 | | concurrently by a home rule unit except as
expressly permitted | 21 | | in this Act.
| 22 | | (b) The Office of the State Fire Marshal may enter into | 23 | | written contracts
with municipalities of over 500,000 in | 24 | | population to enforce the rules and
regulations adopted under | 25 | | this subsection.
| 26 | | (3)(a) The Office of the State Fire Marshal shall have |
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| 1 | | authority over
underground storage tanks which contain, have | 2 | | contained, or are designed to
contain petroleum, hazardous | 3 | | substances and regulated substances as those
terms are used in | 4 | | Subtitle I of the Hazardous and Solid Waste Amendments of
1984 | 5 | | (P.L. 98-616), as amended by the Superfund Amendments and
| 6 | | Reauthorization Act of 1986 (P.L. 99-499). The Office shall | 7 | | have the
power with regard to underground storage tanks to | 8 | | require any person who
tests, installs, repairs, replaces, | 9 | | relines, or removes any underground storage
tank system | 10 | | containing, formerly containing, or which is designed to | 11 | | contain
petroleum or other regulated substances, to obtain a | 12 | | permit to install, repair,
replace, reline, or remove the | 13 | | particular tank system, and to pay a fee set by
the Office for | 14 | | a permit to install, repair, replace, reline, upgrade, test, or
| 15 | | remove any portion of an underground storage tank system. All | 16 | | persons who do
repairs above grade level for themselves need | 17 | | not pay a fee or be certified.
All fees received by the Office | 18 | | from certification and permits shall be
deposited in the Fire | 19 | | Prevention Fund for the exclusive use of the Office in
| 20 | | administering the Underground Storage Tank program.
| 21 | | (b)(i) Within 120 days after the promulgation of | 22 | | regulations
or amendments thereto by the Administrator of the | 23 | | United States Environmental
Protection Agency to implement | 24 | | Section 9003 of Subtitle I of the Hazardous and
Solid Waste | 25 | | Amendments of 1984 (P.L. 98-616) of the Resource Conservation | 26 | | and
Recovery Act of 1976 (P.L. 94-580), as amended, the Office |
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| 1 | | of
the State Fire Marshal shall adopt regulations or amendments | 2 | | thereto which
are identical in substance. The rulemaking | 3 | | provisions of Section 5-35 of the
Illinois Administrative | 4 | | Procedure Act shall not apply to regulations or
amendments | 5 | | thereto adopted pursuant to this subparagraph (i).
| 6 | | (ii) The Office of the State Fire Marshal may adopt | 7 | | additional
regulations relating to an underground storage tank | 8 | | program that are not
inconsistent with and at least as | 9 | | stringent as Section 9003 of Subtitle I
of the Hazardous and | 10 | | Solid Waste Amendments of 1984 (P.L. 98-616) of the
Resource | 11 | | Conservation and Recovery Act of 1976 (P.L. 94-580), as | 12 | | amended,
or regulations adopted thereunder. Except as provided | 13 | | otherwise in
subparagraph (i) of this paragraph (b), the Office | 14 | | of the State Fire
Marshal shall not adopt regulations relating | 15 | | to corrective action at
underground storage tanks. Regulations | 16 | | adopted pursuant to this subsection
shall be adopted in | 17 | | accordance with the procedures for rulemaking in
Section 5-35 | 18 | | of the Illinois Administrative Procedure Act.
| 19 | | (c) The Office of the State Fire Marshal shall require any | 20 | | person,
corporation or other entity who tests an underground | 21 | | tank or its piping or
cathodic protection for another to report | 22 | | the results of such test to the
Office.
| 23 | | (d) In accordance with constitutional limitations, the | 24 | | Office shall have
authority to enter at all reasonable times | 25 | | upon any private or public
property for the purpose of:
| 26 | | (i) Inspecting and investigating to ascertain possible |
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| 1 | | violations of
this Act, of regulations thereunder or of | 2 | | permits or terms or conditions
thereof; or
| 3 | | (ii) In accordance with the provisions of this Act, | 4 | | taking whatever
emergency action, that is necessary or | 5 | | appropriate, to assure that the
public health or safety is | 6 | | not threatened whenever there is a release or a
substantial | 7 | | threat of a release of petroleum or a regulated substance | 8 | | from
an underground storage tank.
| 9 | | (e) The Office of the State Fire Marshal may issue an | 10 | | Administrative Order
to any person who it reasonably believes | 11 | | has violated the rules and regulations
governing underground | 12 | | storage tanks, including the installation, repair,
leak | 13 | | detection, cathodic protection tank testing, removal or | 14 | | release
notification. Such an order shall be served by | 15 | | registered or certified
mail or in person. Any person served | 16 | | with such an order may appeal such
order by submitting in | 17 | | writing any such appeal to the Office within
10 days of the | 18 | | date of receipt of such order. The Office shall conduct an
| 19 | | administrative hearing governed by the Illinois Administrative | 20 | | Procedure
Act and enter an order to sustain, modify or revoke | 21 | | such order. Any appeal
from such order shall be to the circuit | 22 | | court of the county in which the
violation took place and shall | 23 | | be governed by the Administrative Review Law.
| 24 | | (f) The Office of the State Fire Marshal shall not require | 25 | | the removal
of an underground tank system taken out of | 26 | | operation before January 2,
1974, except in the case in which |
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| 1 | | the office of the State Fire Marshal has
determined that a | 2 | | release from the underground tank system poses a current
or | 3 | | potential threat to human health and the environment. In that | 4 | | case, and
upon receipt of an Order from the Office of the State | 5 | | Fire Marshal, the
owner or operator of the nonoperational | 6 | | underground tank system shall
assess the excavation zone and | 7 | | close the system in accordance with
regulations promulgated by | 8 | | the Office of the State Fire Marshal.
| 9 | | (4)(a) The Office of the State Fire Marshal shall adopt | 10 | | rules and
regulations regarding aboveground storage tanks and | 11 | | associated piping and
no municipality or other political | 12 | | subdivision shall adopt or enforce any
ordinances or | 13 | | regulations regarding such aboveground tanks and piping other
| 14 | | than those which are identical to the rules and regulations of | 15 | | the Office
of the State Fire Marshal unless, in the interest of | 16 | | fire safety, the
Office of the State Fire Marshal delegates | 17 | | such authority to municipalities,
political subdivisions or | 18 | | home rule units. A facility used for: (i) agricultural purposes | 19 | | at an agricultural site; (ii) refueling construction equipment | 20 | | at a construction site; or (iii) parking, operating, or | 21 | | maintaining a commercial vehicle fleet, may store an aggregate | 22 | | total of 12,000 gallons of fuel for dispensing in aboveground | 23 | | storage tanks, as long as the facility complies with all other | 24 | | requirements of the rules of the Office of the State Fire | 25 | | Marshal. It is declared to be the law of
this State, pursuant | 26 | | to paragraphs (h) and (i) of Section 6 of Article VII
of the |
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| 1 | | Illinois Constitution, that the establishment of standards | 2 | | regarding
aboveground storage tanks and associated piping | 3 | | within the jurisdiction of
the Office of the State Fire Marshal | 4 | | is an exclusive State function which
may not be exercised | 5 | | concurrently by a home rule unit except as expressly
permitted | 6 | | in this Act.
| 7 | | (b) The Office of the State Fire Marshal shall enforce its | 8 | | rules
and regulations concerning aboveground storage tanks and | 9 | | associated piping;
however, municipalities may enforce any of | 10 | | their zoning ordinances or zoning
regulations regarding | 11 | | aboveground tanks.
The Office of the State Fire Marshal may | 12 | | issue an administrative order to
any owner of an aboveground | 13 | | storage tank and associated piping it
reasonably believes to be | 14 | | in violation of such rules and regulations to
remedy or remove | 15 | | any such violation. Such an order shall be served by
registered | 16 | | or certified mail or in person. Any person served with such an
| 17 | | order may appeal such order by submitting in writing any such | 18 | | appeal to
the Office within 10 days of the date of receipt of | 19 | | such order. The Office
shall conduct an administrative hearing | 20 | | governed by the Illinois
Administrative Procedure Act and enter | 21 | | an order to sustain, modify or
revoke such order. Any appeal | 22 | | from such order shall be to the circuit
court of the county in | 23 | | which the violation took place and shall be governed
by the | 24 | | Administrative Review Law.
| 25 | | (Source: P.A. 100-299, eff. 8-24-17.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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