Full Text of HB0461 95th General Assembly
HB0461 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0461
Introduced 1/29/2007, by Rep. Chapin Rose SYNOPSIS AS INTRODUCED: |
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430 ILCS 15/4 |
from Ch. 127 1/2, par. 156 |
430 ILCS 15/4.5 new |
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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 |
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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 6,000 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.
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FISCAL NOTE ACT MAY APPLY | |
HOME RULE NOTE ACT MAY APPLY |
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A BILL FOR
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HB0461 |
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LRB095 05173 LCT 25246 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Gasoline Storage Act is amended by changing | 5 |
| Sections 4, 6, 6.1, and 7 and by adding Section 4.5 as follows:
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| (430 ILCS 15/4) (from Ch. 127 1/2, par. 156)
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| Sec. 4. Underground Storage Tank Program; administration.
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| (a) In cooperation with the Illinois Environmental | 9 |
| Protection Agency, the
Office of the State Fire Marshal shall | 10 |
| administer the Illinois Underground
Storage Tank Program in | 11 |
| accordance with this Section and Section 22.12 of the
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| Environmental Protection Act.
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| (b) (1)(A) The owner of an underground storage tank that | 14 |
| was not taken out
of operation before January 2, 1974, and that | 15 |
| at any time between January 1,
1974, and September 24, 1987, | 16 |
| contained petroleum or petroleum products or
hazardous | 17 |
| substances, with the exception of hazardous wastes, shall | 18 |
| register
the tank with the Office of the State Fire Marshal. No | 19 |
| underground storage
tank taken out of operation before January | 20 |
| 2, 1974, may be registered under
this Act. No underground | 21 |
| storage tank otherwise required to be registered
under this | 22 |
| subparagraph (A) may be registered under this Act if that tank | 23 |
| was
removed before September 24, 1987.
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LRB095 05173 LCT 25246 b |
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| (B) The owner of a heating oil underground storage tank | 2 |
| having a
capacity of greater than 1100 gallons that was not | 3 |
| taken out of operation
before January 2, 1974, and that at any | 4 |
| time between January 1, 1974, and July
11, 1990, contained | 5 |
| heating oil shall register the tank with the Office of the
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| State Fire Marshal. No heating oil underground storage tank | 7 |
| taken out of
operation before January 2, 1974, may be | 8 |
| registered under this Act. No heating
oil underground storage | 9 |
| tank otherwise required to be registered under this
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| subparagraph (B) may be registered under this Act if that tank | 11 |
| was removed
before July 11, 1990.
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| (C) The owner of a heating oil underground storage tank | 13 |
| having a capacity of
1,100 gallons or less that was not taken | 14 |
| out of operation before January 2,
1974, and that any time | 15 |
| between January 1, 1974, and September 6, 1991,
contained | 16 |
| heating oil shall register the tank with the Office of State | 17 |
| Fire
Marshal. No heating oil underground storage tank taken out | 18 |
| of operation before
January 2, 1974, may be registered under | 19 |
| this Act. No heating oil underground
storage tank otherwise | 20 |
| required to be registered under this subparagraph (C)
may be | 21 |
| registered under this Act if that tank was removed before | 22 |
| September 6,
1991.
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| (D) "Operation", as used in this subsection (b), means that | 24 |
| the tank
must have had input or output of petroleum, petroleum | 25 |
| products, or hazardous
substances, with the exception of | 26 |
| hazardous wastes, during the regular course
of its usage. |
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LRB095 05173 LCT 25246 b |
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| "Operation" does not include (i) compliance with leak detection
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| requirements as prescribed by rules and regulations of the | 3 |
| Office of State Fire
Marshal or (ii) the mere containment or | 4 |
| storage of petroleum, petroleum
products, or hazardous | 5 |
| substances, with the exception of hazardous wastes.
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| (2) The owner of an underground storage tank who registered | 7 |
| the tank with
the Office of the State Fire Marshal under | 8 |
| Section 4 of the State Fire Marshal
Act prior to September 24, | 9 |
| 1987 shall be deemed to have registered the tank
under | 10 |
| paragraph (1).
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| (3)(A) Each person required to register an underground | 12 |
| storage tank, other
than a heating oil underground storage | 13 |
| tank, under paragraph (1) shall pay the
Office of the State | 14 |
| Fire Marshal a registration fee of $500 for each tank
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| registered, to be deposited in the
Underground Storage Tank | 16 |
| Fund.
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| (B) Each person required to register a heating oil | 18 |
| underground storage tank
shall pay to the Office of the State | 19 |
| Fire Marshal a registration fee of $100
for each tank | 20 |
| registered before July 2, 1992, and $500 for each tank | 21 |
| registered
after July 1, 1992, to be deposited into the
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| Underground Storage Tank Fund.
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| (C) No registration fee shall be due under this paragraph | 24 |
| (3) for
underground storage tanks deemed registered pursuant to | 25 |
| paragraph (2).
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| (4) The Office of the State Fire Marshal shall establish |
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LRB095 05173 LCT 25246 b |
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| procedures relating
to the collection of the fees authorized by | 2 |
| this subsection. Such procedures
shall include, but need not be | 3 |
| limited to, the time and manner of payment to
the Office of the | 4 |
| State Fire Marshal.
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| (5) The State Fire Marshal is authorized to enter into such | 6 |
| contracts and
agreements as may be necessary, and as | 7 |
| expeditiously as necessary, to carry out
the Office of the | 8 |
| State Fire Marshal's duties under this subsection.
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| (6)(A) The owner of an underground storage tank, other than | 10 |
| a heating oil
underground storage tank, which is installed or | 11 |
| replaced after September 24,
1987, and which contained, | 12 |
| contains or may contain petroleum or petroleum
products or | 13 |
| hazardous substances, with the exception of hazardous wastes, | 14 |
| shall
register the tank with the Office of the State Fire | 15 |
| Marshal prior to the
installation or replacement.
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| (B) The owner of a heating oil underground storage tank | 17 |
| installed or
replaced after July 11, 1990, and which contained | 18 |
| or may contain heating oil
shall register the tank with the | 19 |
| Office of the State Fire Marshal before the
installation or | 20 |
| replacement.
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| (7) Any person required to register an underground storage | 22 |
| tank under
paragraph (1) or paragraph (6) of this subsection | 23 |
| shall register the tank on
forms provided by the Office of the | 24 |
| State Fire Marshal.
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| (c) Except as otherwise provided in subsection (d), a | 26 |
| person who is the
owner of an underground storage tank |
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LRB095 05173 LCT 25246 b |
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| containing petroleum or petroleum products
or hazardous | 2 |
| substances, except hazardous waste, registered under | 3 |
| subsection
(b) shall notify the Office of the State Fire | 4 |
| Marshal of any change in the
information required under this | 5 |
| Section or of the removal of an underground
storage tank from | 6 |
| service.
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| (d) A person who is the owner of an underground storage | 8 |
| tank containing
petroleum or petroleum products or hazardous | 9 |
| substances, except hazardous
waste, the contents of which are | 10 |
| changed routinely, shall indicate all the
materials which are | 11 |
| stored in the tank on the registration form. A person
providing | 12 |
| the information described in this subsection is not required to
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| notify the Office of the State Fire Marshal of changes in the | 14 |
| contents of the
tank unless the material to be stored in the | 15 |
| tank differs from the information
provided on the registration | 16 |
| form.
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| (e) For purposes of this Act:
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| The terms "petroleum" and "underground
storage tank" shall | 19 |
| have the meanings ascribed to them in Subtitle I of the
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| Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616) of | 21 |
| the Resource
Conservation and Recovery Act of 1976 (P.L. | 22 |
| 94-580), except that "underground
storage tank" shall include | 23 |
| heating oil underground storage tanks; however no
release | 24 |
| detection shall be required of heating oil tanks, in existence | 25 |
| as of
July 11, 1990, prior to December 22, 1998. The Office of | 26 |
| the State Fire
Marshal shall have the authority to determine |
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LRB095 05173 LCT 25246 b |
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| the criteria for classification
of an underground storage tank | 2 |
| as being either a petroleum underground storage
tank or a | 3 |
| hazardous substance underground storage tank.
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| When used in connection with, or when otherwise relating | 5 |
| to underground
storage tanks, the terms "operator", "owner", | 6 |
| and "facility" shall have the
meanings ascribed to them in | 7 |
| Subtitle I of the Hazardous and Solid Waste
Amendments of 1984 | 8 |
| (P.L. 98-616) of the Resource Conservation and Recovery Act
of | 9 |
| 1976 (P.L. 94-580).
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| "Bodily injury" means bodily injury, sickness, or disease | 11 |
| sustained by a
person, including death at any time, resulting | 12 |
| from a release of petroleum from
an underground storage tank.
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| "Property damage" means physical injury to, destruction | 14 |
| of, or contamination
of tangible property, including all | 15 |
| resulting loss of use of that property; or
loss of use of | 16 |
| tangible property that is not physically injured, destroyed, or
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| contaminated, but has been evacuated, withdrawn from use, or | 18 |
| rendered
inaccessible because of an occurrence.
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| "Occurrence" means an accident, including continuous or | 20 |
| repeated exposure to
conditions, which results in a release of | 21 |
| petroleum into the environment from
an underground storage | 22 |
| tank.
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| "Heating oil" means petroleum that is No. 1, No. 2, No. 4 | 24 |
| light, No.
4 heavy, No. 5 light, No. 5 heavy, or No. 6 | 25 |
| technical grades of fuel oil;
or other residual fuel oils | 26 |
| including Navy Special Fuel Oil and Bunker C.
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LRB095 05173 LCT 25246 b |
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| "Heating oil underground storage tank" means an | 2 |
| underground storage
tank serving other than farms or | 3 |
| residential units that is used exclusively
to store heating oil | 4 |
| for consumptive use on the premises where stored.
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| "Ethanol aboveground storage tank" means any one or | 6 |
| combination of tanks (including aboveground pipes connected | 7 |
| thereto) that contain an accumulation of ethanol, and the | 8 |
| volume of which (including the volume of the aboveground pipes | 9 |
| connected thereto) is 90% or more above the surface of the | 10 |
| ground.
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| (Source: P.A. 87-323; 87-1088; 88-496.)
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| (430 ILCS 15/4.5 new) | 13 |
| Sec. 4.5. Ethanol aboveground storage tanks; | 14 |
| administration.
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| (a) A retailer of ethanol blended gasoline that owns an | 16 |
| ethanol aboveground storage tank having a capacity of greater | 17 |
| than 6,000 gallons shall register the ethanol aboveground | 18 |
| storage tank with the Office of the State Fire Marshal. Each | 19 |
| retailer required to register an ethanol aboveground storage | 20 |
| tank shall pay the Office of the State Fire Marshal a | 21 |
| registration fee to be established by the Office of the State | 22 |
| Fire Marshal. The Office of the State Fire Marshal shall | 23 |
| establish procedures relating to the collection of the | 24 |
| registration fees authorized under this subsection (a). The | 25 |
| procedures shall include, but need not be limited to, the time |
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LRB095 05173 LCT 25246 b |
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| and manner of payment to the Office of the State Fire Marshal. | 2 |
| The State Fire Marshal is authorized to enter into any | 3 |
| contracts and agreements as may be necessary, and as | 4 |
| expeditiously necessary, to carry out the Office of the State | 5 |
| Fire Marshal's duties under this subsection (a). Any retailer | 6 |
| required to register an ethanol aboveground storage tank shall | 7 |
| register the tank on forms provided by the Office of the State | 8 |
| Fire Marshal. | 9 |
| (b) A retailer of ethanol blended gasoline that owns an | 10 |
| ethanol aboveground storage tank having a capacity of greater | 11 |
| than 6,000 gallons, the contents of which are changed | 12 |
| routinely, shall indicate all the materials that are stored in | 13 |
| the tank on the registration form. A retailer providing the | 14 |
| information described in this subsection (b) is not required to | 15 |
| notify the Office of the State Fire Marshal of any change in | 16 |
| the contents of the tank unless the material to be stored in | 17 |
| the tank differs from the information provided on the | 18 |
| registration form.
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| (430 ILCS 15/6) (from Ch. 127 1/2, par. 158)
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| Sec. 6. (a) If necessary or appropriate to assure that the | 21 |
| public
health or safety is not threatened, the Office of State | 22 |
| Fire Marshal shall
have authority to:
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| (1)(A) provide notice to the owner or operator, or both, of | 24 |
| an
underground storage tank or ethanol aboveground storage tank
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| whenever there is a release or substantial threat
of a release |
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LRB095 05173 LCT 25246 b |
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| of petroleum or regulated substances from such tank. Such
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| notice shall include the identified emergency action and an | 3 |
| opportunity for
the owner or operator, or both, to perform the | 4 |
| emergency action; or
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| (B) undertake emergency action whenever there is a release | 6 |
| or
substantial threat of a release of petroleum or regulated | 7 |
| substances from
an underground storage tank or ethanol | 8 |
| aboveground storage tank .
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| (2) If notice has been provided under clause (A) of | 10 |
| paragraph (1) of
this subsection, the Office shall have the | 11 |
| authority to require the owner
or operator, or both, of an | 12 |
| underground storage tank or ethanol aboveground storage tank to | 13 |
| undertake emergency
action whenever there is a release or | 14 |
| substantial threat of a release of
petroleum or regulated | 15 |
| substances from such tank.
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| (3) The emergency action undertaken or required under this | 17 |
| Section shall
be such as may be necessary or appropriate to | 18 |
| assure that the public health
or safety is not threatened.
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| (b) In accordance with constitutional limitations, the | 20 |
| Office shall have
authority to enter at all reasonable times | 21 |
| upon any private or public
property for the purpose of taking | 22 |
| emergency action whenever there is a
release or substantial | 23 |
| threat of a release of petroleum or regulated
substances from | 24 |
| an underground storage tank or ethanol aboveground storage | 25 |
| tank .
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| (c) The Office shall require emergency action under |
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LRB095 05173 LCT 25246 b |
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| paragraph (2) of
subsection (a) through issuance of an | 2 |
| Administrative Order. Such an order
shall be served by | 3 |
| registered or certified mail or in person and may order
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| emergency action. Any person served with such an order may | 5 |
| appeal such
order by submitting in writing any such appeal to | 6 |
| the Office within
10 days of the date of receipt of such order. | 7 |
| The Office
shall conduct an administrative hearing governed by | 8 |
| The Illinois
Administrative Procedure Act and enter an order to | 9 |
| sustain,
modify or revoke such order.
Any appeal from such | 10 |
| order shall be to the circuit court of the county in
which the | 11 |
| violation took place and shall be governed by the | 12 |
| Administrative
Review Law.
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| (d) Neither the State, the State Fire Marshal, nor any | 14 |
| State employee
shall be liable for any damages or injury | 15 |
| arising out of or resulting from
any action taken under Section | 16 |
| 6.
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| (Source: P.A. 85-1325.)
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| (430 ILCS 15/6.1) (from Ch. 127 1/2, par. 158.1)
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| Sec. 6.1. Financial responsibility.
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| (a) Each owner or operator shall establish and maintain
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| evidence of financial responsibility, as provided in this | 22 |
| Section, for
taking corrective action and compensating third | 23 |
| parties for bodily injury
and property damage.
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| (b) Each owner or operator shall maintain financial | 25 |
| responsibility at
the following minimum amounts:
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LRB095 05173 LCT 25246 b |
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| (1) $10,000 per occurrence for corrective action;
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| (2) $10,000 per occurrence for bodily injury and | 3 |
| property damage to
third parties.
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| (c) Each owner or operator shall establish and maintain | 5 |
| evidence of
financial responsibility by any combination of the | 6 |
| following:
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| (1) commercial or private insurance, including risk | 8 |
| retention groups;
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| (2) qualification as a self insurer; or
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| (3) guarantee, surety bond, letter of credit, | 11 |
| certificate of deposit, or
designated savings account.
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| To qualify as a self insurer under this Section, the owner | 13 |
| or
operator must demonstrate net worth equal to or in excess of | 14 |
| 10 times the
amount specified in subsection (b) of this | 15 |
| Section.
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| (d) The establishment and enforcement of standards for the | 17 |
| financial
responsibility of the owners and operators of | 18 |
| underground storage tanks , ethanol aboveground storage tanks, | 19 |
| and
associated piping are exclusive powers and functions of the | 20 |
| State. A home
rule unit may not regulate or establish standards | 21 |
| for the financial
responsibility of the owners and operators of | 22 |
| underground storage tanks or ethanol aboveground storage | 23 |
| tanks .
This Section is a denial and limitation of home rule | 24 |
| powers and functions
under subsection (h) of Section 6 of | 25 |
| Article VII of the Illinois Constitution.
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| (Source: P.A. 87-323.)
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LRB095 05173 LCT 25246 b |
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| (430 ILCS 15/7) (from Ch. 127 1/2, par. 159)
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| Sec. 7. (a) A violation of:
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| (1) paragraph (a) or (b) of subsection (3) of Section 2 | 4 |
| of this Act is a
business offense punishable by a fine of | 5 |
| not more than $10,000 per day;
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| (2) (blank);
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| (2.5) Section 4.5 of this Act is a business offense | 8 |
| punishable by a fine of not more than $10,000 per day;
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| (3) Section 4 of this Act is a business offense
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| punishable by a
fine of not more than $10,000 per day;
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| (3.5) Section 3.5 of this Act is a business offense | 12 |
| punishable by fine of
not more than
$10,000 per offense;
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| (4) an administrative order as described in paragraph | 14 |
| (e) of subsection
(3) of Section 2, paragraph (b) of | 15 |
| subsection (4) of Section 2 or
subsection (c) of Section 6 | 16 |
| after it has become final is a business offense
punishable | 17 |
| by a fine of not less than $1,000 nor more than $25,000 per | 18 |
| day;
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| (5) any other rule promulgated by the Office of the | 20 |
| State Fire Marshal
is a business offense punishable by a | 21 |
| fine of not less than $100 nor more
than $1,000 for each | 22 |
| offense or each day of continued violation.
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| (b) (Blank).
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| (c) A civil action to recover such fines may be brought by | 25 |
| the Attorney
General or the State's Attorney of the county in |
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LRB095 05173 LCT 25246 b |
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| which the violation occurred.
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| (d) Any monies received by the State under this Section | 3 |
| shall be
deposited into the
Underground Storage Tank Fund.
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| (Source: P.A. 92-618, eff. 7-11-02.)
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