Illinois General Assembly - Illinois Compiled Statutes

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

430 ILCS 15/6

(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 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.

(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 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.

(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.)