(220 ILCS 20/1) (from Ch. 111 2/3, par. 551)
Sec. 1.
This Act shall be known and may be cited as the Illinois Gas Pipeline Safety Act.
(Source: P.A. 76-1588.)
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(220 ILCS 20/2) (from Ch. 111 2/3, par. 552)
Sec. 2.
As used in this Act, unless the context, otherwise requires, the terms
specified in the Sections following this Section and preceding Section 3 have the meanings ascribed to them
in those Sections.
(Source: P.A. 98-756, eff. 7-16-14.)
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(220 ILCS 20/2.01) (from Ch. 111 2/3, par. 552.1)
Sec. 2.01.
"Person" means any individual, firm, joint venture, partnership,
corporation, company, limited liability company, firm, association, municipality, cooperative association, or joint
stock association, and includes any trustee, receiver, assignee or personal
representative thereof.
(Source: P.A. 100-1172, eff. 1-4-19.)
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(220 ILCS 20/2.02) (from Ch. 111 2/3, par. 552.2)
Sec. 2.02.
"Gas" means natural gas, flammable gas or gas which is toxic or
corrosive.
(Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-906, eff. 8-7-12.)
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(220 ILCS 20/2.02.5)
Sec. 2.02.5.
"Primary fuel line" means that portion of the customer-owned
piping that connects the outlet of the gas meter to the outside wall of
residential premises, excluding any customer-owned branch lines that may be
connected thereto.
(Source: P.A. 88-314.)
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(220 ILCS 20/2.03) (from Ch. 111 2/3, par. 552.3)
Sec. 2.03.
"Transportation of gas" means the gathering, transmission, or
distribution of gas by pipeline or its storage, within this State and not
subject to the jurisdiction of the Federal Energy Regulatory
Commission under the
Natural Gas Act, except that it includes the transmission of gas through
pipeline facilities within this State that transport gas from an interstate
gas pipeline to a direct sales customer within this State purchasing gas
for its own consumption. "Transportation of gas" also includes
the conveyance of gas from a gas main through the primary fuel line to the
outside wall of residential
premises. If the gas meter is placed within 3 feet of the structure, the
utility's responsibility shall end at the outlet side of the meter.
(Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-906, eff. 8-7-12.)
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(220 ILCS 20/2.04) (from Ch. 111 2/3, par. 552.4)
Sec. 2.04.
"Pipeline facilities" includes new and existing pipe rights-of-way and
any equipment, facility, or building used in the transportation of gas
or the
treatment of gas during the course of transportation and
includes facilities within this State that transport gas from an interstate
gas pipeline to a direct sales customer within this State purchasing gas
for its own consumption, but
"rights-of-way" as used in this Act does not authorize the Commission to
prescribe, under this Act, the location or
routing of any pipeline facility. "Pipeline facilities" also includes
new and existing pipes and lines and any other equipment, facility, or
structure, except customer-owned branch lines connected to the primary fuel
lines, used to convey gas from a gas main to the outside wall of
residential premises, and any person who provides gas service directly to its
residential customer through these facilities shall be deemed to operate
such pipeline facilities for purposes of this Act irrespective of the ownership
of the facilities or the location of the facilities with respect to the
meter, except that a person who provides gas service to a "master meter
system", as that term is defined at 49 C.F.R. Section 191.3, shall not be
deemed to operate any facilities downstream of the master meter.
(Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-906, eff. 8-7-12.)
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(220 ILCS 20/2.05) (from Ch. 111 2/3, par. 552.5)
Sec. 2.05.
"Commission" means the Illinois Commerce Commission.
(Source: P.A. 76-1588.)
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(220 ILCS 20/2.06) (from Ch. 111 2/3, par. 552.6)
Sec. 2.06.
"Public Utilities Act" means "An Act concerning public utilities",
approved June 29, 1921, as amended.
(Source: P.A. 76-1588.)
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(220 ILCS 20/2.07) (from Ch. 111 2/3, par. 552.7)
Sec. 2.07.
"Federal Act" means 49 U.S.C. Chapter 601. This amendatory Act of the 100th General Assembly is intended to reflect numbering and citation changes to the United States Code occurring on or after the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-1172, eff. 1-4-19.)
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(220 ILCS 20/2.08) Sec. 2.08. Notice of probable violation. "Notice of probable violation" or "NOPV" means a written notice, satisfying the criteria set forth in Section 7.5 of this Act, given by the pipeline safety manager to a person who engages in the transportation of gas or who owns or operates pipeline facilities that identifies a failure of such person to comply with the provisions of this Act, the Federal Act, or any Commission order or rule issued under this Act and may recommend a penalty in connection therewith, subject to the terms of this Act.
(Source: P.A. 100-1172, eff. 1-4-19.) |
(220 ILCS 20/2.09) Sec. 2.09. Pipeline safety manager. "Pipeline safety manager" means the manager of the Commission's Pipeline Safety Program or other staff of the Commission assigned to gas pipeline safety issues.
(Source: P.A. 98-526, eff. 8-23-13.) |
(220 ILCS 20/2.10) Sec. 2.10. Department. "Department" means the Department of Natural Resources.
(Source: P.A. 100-1172, eff. 1-4-19.) |
(220 ILCS 20/2.11) Sec. 2.11. Downhole. "Downhole" means the portion of the underground natural gas storage facility from the first flange attaching the wellhead to the pipeline equipment and continuing down the well casing to and including the storage reservoir.
(Source: P.A. 100-1172, eff. 1-4-19.) |
(220 ILCS 20/2.12) Sec. 2.12. Underground natural gas storage facility. "Underground natural gas storage facility" means a gas pipeline facility that stores natural gas in an underground facility, including a depleted hydrocarbon reservoir, an aquifer reservoir, and a solution-mined salt cavern reservoir.
(Source: P.A. 100-1172, eff. 1-4-19.) |
(220 ILCS 20/3) (from Ch. 111 2/3, par. 553)
Sec. 3.
(a) As soon as practicable, but not later than 3 months after the
effective date of this Act, the Commission shall adopt rules establishing
minimum safety standards for the transportation of gas and for pipeline
facilities. Such rules shall be at least as inclusive, as stringent, and
compatible with, the minimum safety standards adopted by the Secretary of
Transportation under the Federal Act. Thereafter, the Commission shall
maintain such rules so that the rules are at least as inclusive, as
stringent, and compatible with, the minimum standards from time to time in
effect under the Federal Act. Notwithstanding the generality of the foregoing, the Commission shall not adopt or enforce standards governing downhole portions of an underground natural gas storage facility, as long as the Department submits to the Secretary of Transportation annually the certification described in 49 U.S.C. 60105(a) and the certification is not rejected under 49 U.S.C. 60105(f). The Commission and the Department shall work cooperatively with each other and with other entities in the federal and State governments to ensure that the policies embodied in the Federal Act, the Illinois Underground Natural Gas Storage Safety Act, this Act, the Illinois Oil and Gas Act, the Public Utilities Act, and the rules adopted thereunder, are fully effectuated. The Commission and the Department shall take steps to avoid the duplication of efforts while at the same time ensuring that all regulatory obligations are fulfilled. As long as the Department submits to the Secretary of Transportation annually the certification described in 49 U.S.C. 60105(a) and the certification is not rejected under 49 U.S.C. 60105(f), the Department shall have jurisdiction over the downhole portion of underground natural gas storage facilities subject to this Act. The Commission shall retain jurisdiction over all other portions of the underground natural gas storage facilities.
(b) Standards established under this Act may apply to the design,
installation, inspection, testing, construction, extension, operation,
replacement, and maintenance of pipeline facilities. Standards affecting
the design, installation, construction, initial inspection and initial
testing are not applicable to pipeline facilities in existence on the date
such standards are adopted. Whenever the Commission finds a particular
facility to be hazardous to life or property, it may require the person
operating such facility to take the steps necessary to remove the hazard.
(c) Standards established by the Commission under this Act shall,
subject to paragraphs (a) and (b) of this Section 3, be practicable and
designed to meet the need for pipeline safety. In prescribing such
standards, the Commission shall consider: similar standards established in
other states; relevant available pipeline safety data; whether such
standards are appropriate for the particular type of pipeline
transportation; the reasonableness of any proposed standards; and the
extent to which such standards will contribute to public safety.
Rules adopted under this Act are subject to "The Illinois Administrative
Procedure Act", approved September 22, 1975, as amended.
(Source: P.A. 100-1172, eff. 1-4-19.)
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(220 ILCS 20/4) (from Ch. 111 2/3, par. 554)
Sec. 4.
Subject to 49 U.S.C. 60118(d), the Commission
may, upon application by any person engaged in the transportation of gas or
the operation of pipeline facilities, waive in whole or in part, compliance
with any standard established under this Act, if it determines that such a
waiver is not inconsistent with gas pipeline safety.
(Source: P.A. 100-1172, eff. 1-4-19.)
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(220 ILCS 20/5) (from Ch. 111 2/3, par. 555)
Sec. 5.
Each person who engages in the transportation of gas or who owns or
operates pipeline facilities shall file with the Commission a plan for
inspection and maintenance of each pipeline facility owned or operated by
such person as well as any changes in such plan, in accordance with
regulations prescribed by the Commission. The Commission may, by
regulation, also require such person to file the plans for approval. If the
Commission finds, at any time, that the plan is inadequate to achieve safe
operation, the Commission shall, after notice and opportunity for a
hearing, require the plan to be revised. The plan required by the
Commission under this Section must be practicable and designed to meet the
need for pipeline safety. In determining the adequacy of any plan, the
Commission shall consider relevant available pipeline safety data; whether
the plan is appropriate for the particular type of pipeline transportation;
the reasonableness of the plan; and the extent to which the plan will
contribute to public safety.
(Source: P.A. 76-1588.)
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(220 ILCS 20/6) (from Ch. 111 2/3, par. 556)
Sec. 6.
(a) Each person who engages in the transportation of gas or who owns or
operates pipeline facilities shall:
(1) at all times after the date any applicable safety | ||
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(2) file and comply with a plan of inspection and | ||
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(3) keep records, make reports, provide information, | ||
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(4) file with the Commission, under such rules as the | ||
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(b) Any accident report made by an officer, employee or agent of the
Commission is available for use in any civil, criminal, or other judicial
proceeding arising out of such accident.
(Source: P.A. 76-1588.)
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(220 ILCS 20/7) (from Ch. 111 2/3, par. 557)
Sec. 7. Penalties; action for penalties; Commission approval of penalties.
(a) Any person violating paragraph (a) of Section 6 of this Act or
any
rule or order issued under this Act is subject to a civil penalty not to
exceed the maximum penalties established by Section 60122(a)(1) of Title 49 of
the United States Code for each day the violation
persists. Such civil penalties do not apply to a violation with respect
to a pipeline facility in existence on the effective date of this Act
unless such violation persists one year from the effective date.
(b) Any civil penalty may be compromised by the Commission or, subject to this Act, by the pipeline safety manager. In
determining the amount of the penalty, or the amount agreed upon in
compromise, the Commission or, subject to this Act, the pipeline safety manager, as the case may be, shall consider the appropriateness of the
penalty to the size of the business of the person charged, the gravity of
the violation, and the good faith of the person charged in attempting to
achieve compliance, after notification of a violation. The amount of the
penalty when finally determined, or the amount agreed upon in compromise,
shall be paid or deducted from any sums owing by the State of Illinois to the person
charged pursuant to the terms and conditions of the NOPV or the agreed compromise or Commission order, as the case may be, or may be recovered in a civil action in accordance with paragraph
(c) of this Section 7. Unless specifically stated otherwise in the terms and conditions of any compromise agreement, any compromise of a penalty recommended in an NOPV by the person charged shall not be deemed to be an admission of liability.
(c) Actions to recover penalties under this Act shall be brought in the
name of the People of the State of Illinois in the circuit court in and for
the county in which the cause or some part thereof, arose or in which the
corporation complained of, if any, has its principal place of business or
in which the person, if any, complained of, resides. All penalties
recovered by the State in any action shall be paid into the general
fund of the State Treasury. The action shall be commenced and prosecuted
to final judgment by the Attorney General on behalf of the Commission. In
all such actions, the procedure and rules of evidence shall conform with
the Civil Practice Law and other rules of court governing civil
trials.
(d) In addition the Commission may proceed under Section 4-202 of the
Public Utilities Act, either by mandamus or injunction, to secure
compliance with its rules, regulations and orders issued under this Act.
(e) Any person penalized under this Section is not subject, for the same
cause, to any other penalty provided in the Public Utilities Act.
(f) In the event any penalty recommended by the pipeline safety manager is paid by the person charged in the applicable NOPV in accordance with subsection (b) of this Section or in accordance with the terms and conditions of a compromise, agreed upon by such person and the pipeline safety manager, then the pipeline safety manager shall report, and request approval of, each such payment of a recommended penalty or agreed compromise, as the case may be, to the Commission at a public meeting of the Commission and shall also post such report on the Commission's website as a public document subject to the requirements of Section 4-404 of the Public Utilities Act. Whenever such report and request for approval shall be made to the Commission, the Commission shall have the power, and it is hereby given authority, either upon complaint or upon its own motion, upon reasonable notice given within 45 days after such report and request for approval was made at a public meeting of the Commission, to enter upon a hearing concerning the propriety of the applicable NOPV, payment, or compromise. In the event the Commission does not exercise this power within the 45-day period, the payment or agreed compromise referenced in the report shall be deemed approved by the Commission by operation of law at the expiration of the 45-day period and the NOPV and related investigation shall be deemed closed. (Source: P.A. 98-526, eff. 8-23-13.)
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(220 ILCS 20/7.5) Sec. 7.5. NOPV; Commission hearing. (a) For the purposes of this Section, "violation" means a failure to comply with any provision of this Act or any Commission order or rule issued under this Act. (b) After investigation and determination of a probable violation, the pipeline safety manager may issue and deposit in the United States mail an NOPV. Any NOPV so issued and mailed may also be posted on the Commission's website as a public document, subject to the requirements of Section 4-404 of the Public Utilities Act. (c) An NOPV shall set forth, at a minimum, the following: (1) the date the NOPV was issued and deposited in the United States mail; (2) a description of the violation or violations alleged; (3) the date and location of the safety incident, if applicable, related to each alleged violation; (4) a detailed description of the circumstances that support the determination of each proposed violation; (5) a detailed description of the corrective action required with respect to each proposed violation; (6) the amount of the penalty, if any, recommended with respect to each proposed violation; (7) the applicable recommended deadline for payment of each proposed penalty and for completion of each proposed corrective action (in no event shall any recommended deadline be less than 30 days after the date of the NOPV); (8) notification that any such recommended deadline may be extended by mutual agreement of the parties for the purpose of facilitating settlement or compromise; and (9) a brief description of the procedures by which any recommended penalty or proposed corrective action may be challenged at the Commission or approved pursuant to subsection (f) of Section 7. (d) Payment in full of each of the recommended penalties and full completion of each of the proposed corrective actions, as identified in the NOPV and in accordance with the terms and conditions set forth in the NOPV, including without limitation the respective recommended deadlines set forth in the NOPV for such payment or completion, shall constitute a final resolution of the NOPV, subject to the approval by the Commission of the recommended penalty and payment in accordance with subsection (f) of Section 7. (e) If one or more of the alleged violations set forth in an NOPV is contested, then the Commission shall have the power and it is hereby given authority, either upon complaint or upon its own motion, upon reasonable notice, to enter upon a hearing under this Act concerning the incident referenced in the NOPV, in accordance with Article X of the Public Utilities Act. If a recommended penalty is not paid prior to the deadline recommended in the NOPV or other mutually agreed upon date, or if one or more of the proposed corrective actions set forth in an NOPV is not fully and timely completed in accordance with the terms and conditions set forth in the NOPV, the NOPV shall be deemed contested. (f) The Commission shall have the power to adopt rules to implement this Section to the extent the Commission deems such rules necessary or desirable.
(Source: P.A. 98-526, eff. 8-23-13.) |
(220 ILCS 20/8) (from Ch. 111 2/3, par. 558)
Sec. 8.
Except as otherwise provided in this Act, the Public Utilities Act
applies to pipeline facilities and to persons engaged in the transportation
of gas or operating pipeline facilities.
(Source: P.A. 76-1588.)
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(220 ILCS 20/9) (from Ch. 111 2/3, par. 559)
Sec. 9.
The Commission shall prepare and file with the Secretary of
Transportation the initial and annual certification and report required by 49 U.S.C. 60105(a).
(Source: P.A. 100-1172, eff. 1-4-19.)
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(220 ILCS 20/10) (from Ch. 111 2/3, par. 560)
Sec. 10.
The Commission may apply for, accept, receive and receipt for Federal
monies, for the State, given by the Federal government under the Federal
Act for any purpose within the authority of the Commission. The Commission
may also act as an agent for any agency or officer of the Federal
government for any purpose which is otherwise within the authority of the
Commission, and the Commission may enter into agreements for such purpose
with any such agency or officer.
(Source: P.A. 76-1588.)
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(220 ILCS 20/11) (from Ch. 111 2/3, par. 561)
Sec. 11.
Nothing contained in this Act is intended, nor shall it be construed, to
limit or diminish the authority of the Commission under the Public Utilities Act or the Department under the Illinois Oil and Gas Act.
(Source: P.A. 100-1172, eff. 1-4-19.)
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(220 ILCS 20/12) (from Ch. 111 2/3, par. 562)
Sec. 12.
If any provision, clause or phrase of this Act or the application
thereof to any person or circumstances is held invalid, such invalidity
shall not affect other provisions or application of this Act which can be
given effect without the invalid provision or application and to this end
provisions of this Act are declared to be separable.
(Source: P.A. 76-1588.)
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