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90_HB0369
35 ILCS 505/1.9 from Ch. 120, par. 417.9
430 ILCS 15/2 from Ch. 127 1/2, par. 154
Amends the Gasoline Storage Act to provide that the State
Fire Marshal shall not prohibit the dispensing of motor fuels
directly into the tanks of motor vehicles from tank trucks or
portable tanks. Amends the Motor Fuel Tax Law to provide that
the sale of motor fuel from a portable tank shall be deemed
to occur at the location where it was dispensed into the fuel
tank of a motor vehicle. Effective immediately.
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1 AN ACT concerning the sale of motor fuels.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Motor Fuel Tax Law is amended by changing
5 Section 1.9 as follows:
6 (35 ILCS 505/1.9) (from Ch. 120, par. 417.9)
7 Sec. 1.9. "Sale" means, in addition to its ordinary
8 meaning, any exchange, gift or other disposition. In every
9 case where motor fuel is exchanged, given or otherwise
10 disposed of, it shall be deemed to have been sold. For
11 purposes of this Act, if motor fuel is dispensed from a tank
12 truck, tank wagon, or other portable tank directly into the
13 fuel tank of a motor vehicle, the sale shall be deemed to
14 occur at the location where the motor fuel is dispensed.
15 (Source: Laws 1961, p. 3653.)
16 Section 10. The Gasoline Storage Act is amended by
17 changing Section 2 as follows:
18 (430 ILCS 15/2) (from Ch. 127 1/2, par. 154)
19 Sec. 2. Jurisdiction; regulation of tanks.
20 (1) (a) Except as otherwise provided in this Act, the
21 jurisdiction of the Office of the State Fire Marshal under
22 this Act shall be concurrent with that of municipalities and
23 other political subdivisions. The Office of the State Fire
24 Marshal has power to promulgate, pursuant to the Illinois
25 Administrative Procedure Act, reasonable rules and
26 regulations governing the keeping, storage, transportation,
27 sale or use of gasoline and volatile oils, including rules
28 requiring that underground storage tank contractors file a
29 bond or a certificate of insurance with the State Fire
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1 Marshal, and rules governing the dismantling of abandoned
2 bulk storage plants. Nothing in this Act shall relieve any
3 person, corporation, or other entity from complying with any
4 zoning ordinance of a municipality or home rule unit enacted
5 pursuant to Section 11-13-1 of the Illinois Municipal Code or
6 any ordinance enacted pursuant to Section 11-8-4 of the
7 Illinois Municipal Code.
8 (b) The rulemaking power shall include the power to
9 promulgate rules providing for the issuance and revocation of
10 permits allowing the self service dispensing of motor fuels
11 as such term is defined in the Motor Fuel Tax Law in retail
12 service stations or any other place of business where motor
13 fuels are dispensed into the fuel tanks of motor vehicles,
14 internal combustion engines or portable containers. Such
15 rules shall specify the requirements that must be met both
16 prior and subsequent to the issuance of such permits in order
17 to insure the safety and welfare of the general public. The
18 operation of such service stations without a permit shall be
19 unlawful. The Office of the State Fire Marshal shall revoke
20 such permit if the self service operation of such a service
21 station is found to pose a significant risk to the safety and
22 welfare of the general public.
23 (c) However, except in any county with a population of
24 1,000,000 or more, the Office of the State Fire Marshal shall
25 not have the authority to prohibit the operation of a service
26 station solely on the basis that it is an unattended
27 self-service station which utilizes key or card operated
28 self-service motor fuel dispensing devices. Nothing in this
29 paragraph shall prohibit the Office of the State Fire Marshal
30 from adopting reasonable rules and regulations governing the
31 safety of self-service motor fuel dispensing devices.
32 (d) The State Fire Marshal shall not prohibit the
33 dispensing or delivery of flammable or combustible motor
34 vehicle fuels directly into the fuel tanks of vehicles from
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1 tank trucks, tank wagons, or other portable tanks. The State
2 Fire Marshal shall adopt rules (i) for the issuance of
3 permits for the dispensing of motor vehicle fuels in the
4 manner described in this paragraph (d) and (ii) that
5 restrict the dispensing of motor vehicle fuels in the manner
6 described in this paragraph (d) to agriculture sites for
7 agricultural purposes, to construction sites for refueling
8 construction equipment used only at the construction site, to
9 sites used for the parking, operation, or maintenance of a
10 commercial vehicle fleet if the site is not normally
11 accessible to the public for refueling vehicles, and any
12 other site deemed safe and appropriate by the State Fire
13 Marshal.
14 (2) (a) The Office of the State Fire Marshal shall adopt
15 rules and regulations regarding underground storage tanks and
16 associated piping and no municipality or other political
17 subdivision shall adopt or enforce any ordinances or
18 regulations regarding such underground tanks and piping other
19 than those which are identical to the rules and regulations
20 of the Office of the State Fire Marshal. It is declared to
21 be the law of this State, pursuant to paragraphs (h) and (i)
22 of Section 6 of Article VII of the Illinois Constitution,
23 that the establishment and enforcement of standards regarding
24 underground storage tanks and associated piping within the
25 jurisdiction of the Office of the State Fire Marshal is an
26 exclusive State function which may not be exercised
27 concurrently by a home rule unit except as expressly
28 permitted in this Act.
29 (b) The Office of the State Fire Marshal may enter into
30 written contracts with municipalities of over 500,000 in
31 population to enforce the rules and regulations adopted under
32 this subsection.
33 (3) (a) The Office of the State Fire Marshal shall have
34 authority over underground storage tanks which contain, have
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1 contained, or are designed to contain petroleum, hazardous
2 substances and regulated substances as those terms are used
3 in Subtitle I of the Hazardous and Solid Waste Amendments of
4 1984 (P.L. 98-616), as amended by the Superfund Amendments
5 and Reauthorization Act of 1986 (P.L. 99-499). The Office
6 shall have the power with regard to underground storage tanks
7 to require any person who tests, installs, repairs, replaces,
8 relines, or removes any underground storage tank system
9 containing, formerly containing, or which is designed to
10 contain petroleum or other regulated substances to be
11 certified to perform that activity, to obtain a permit to
12 install, repair, replace, reline, or remove the particular
13 tank system, to pay an annual certification fee of $100 per
14 year, and to pay a fee of $100 per site for a permit to
15 install, repair, replace, reline, or remove any underground
16 storage tank system. All persons who do repairs above grade
17 level for themselves need not pay a fee or be certified. All
18 fees received by the Office from certification and permits
19 shall be deposited in the Fire Prevention Fund for the
20 exclusive use of the Office in administering the Underground
21 Storage Tank program.
22 (b) (i) Within 120 days after the promulgation of
23 regulations or amendments thereto by the Administrator of the
24 United States Environmental Protection Agency to implement
25 Section 9003 of Subtitle I of the Hazardous and Solid Waste
26 Amendments of 1984 (P.L. 98-616) of the Resource Conservation
27 and Recovery Act of 1976 (P.L. 95-580), as amended, the
28 Office of the State Fire Marshal shall adopt regulations or
29 amendments thereto which are identical in substance. The
30 rulemaking provisions of Section 5-35 of the Illinois
31 Administrative Procedure Act shall not apply to regulations
32 or amendments thereto adopted pursuant to this subparagraph
33 (i).
34 (ii) The Office of the State Fire Marshal may adopt
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1 additional regulations relating to an underground storage
2 tank program that are not inconsistent with and at least as
3 stringent as Section 9003 of Subtitle I of the Hazardous and
4 Solid Waste Amendments of 1984 (P.L. 98-616) of the Resource
5 Conservation and Recovery Act of 1976 (P.L. 94-580), as
6 amended, or regulations adopted thereunder. Except as
7 provided otherwise in subparagraph (i) of this paragraph (b),
8 the Office of the State Fire Marshal shall not adopt
9 regulations relating to corrective action at underground
10 storage tanks. Regulations adopted pursuant to this
11 subsection shall be adopted in accordance with the procedures
12 for rulemaking in Section 5-35 of the Illinois Administrative
13 Procedure Act.
14 (c) The Office of the State Fire Marshal shall require
15 any person, corporation or other entity who tests an
16 underground tank or its piping or cathodic protection for
17 another, except a lessor for his or her lessee, to register
18 with the Office, and pay an annual registration fee of $100,
19 to be deposited in the Fire Prevention Fund, and report the
20 results of such test to the Office.
21 (d) In accordance with constitutional limitations, the
22 Office shall have authority to enter at all reasonable times
23 upon any private or public property for the purpose of:
24 (i) Inspecting and investigating to ascertain
25 possible violations of this Act, of regulations
26 thereunder or of permits or terms or conditions thereof;
27 or
28 (ii) In accordance with the provisions of this Act,
29 taking whatever emergency action, that is necessary or
30 appropriate, to assure that the public health or safety
31 is not threatened whenever there is a release or a
32 substantial threat of a release of petroleum or a
33 regulated substance from an underground storage tank.
34 (e) The Office of the State Fire Marshal may issue an
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1 Administrative Order to any person who it reasonably believes
2 has violated the rules and regulations governing underground
3 storage tanks, including the installation, repair, leak
4 detection, cathodic protection tank testing, removal or
5 release notification. Such an order shall be served by
6 registered or certified mail or in person. Any person served
7 with such an order may appeal such order by submitting in
8 writing any such appeal to the Office within 10 days of the
9 date of receipt of such order. The Office shall conduct an
10 administrative hearing governed by the Illinois
11 Administrative Procedure Act and enter an order to sustain,
12 modify or revoke such order. Any appeal from such order shall
13 be to the circuit court of the county in which the violation
14 took place and shall be governed by the Administrative Review
15 Law.
16 (f) The Office of the State Fire Marshal shall not
17 require the removal of an underground tank system taken out
18 of operation before January 2, 1974, except in the case in
19 which the office of the State Fire Marshal has determined
20 that a release from the underground tank system poses a
21 current or potential threat to human health and the
22 environment. In that case, and upon receipt of an Order from
23 the Office of the State Fire Marshal, the owner or operator
24 of the nonoperational underground tank system shall assess
25 the excavation zone and close the system in accordance with
26 regulations promulgated by the Office of the State Fire
27 Marshal.
28 (4) (a) The Office of the State Fire Marshal shall adopt
29 rules and regulations regarding aboveground storage tanks and
30 associated piping and no municipality or other political
31 subdivision shall adopt or enforce any ordinances or
32 regulations regarding such aboveground tanks and piping other
33 than those which are identical to the rules and regulations
34 of the Office of the State Fire Marshal unless, in the
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1 interest of fire safety, the Office of the State Fire Marshal
2 delegates such authority to municipalities, political
3 subdivisions or home rule units. It is declared to be the
4 law of this State, pursuant to paragraphs (h) and (i) of
5 Section 6 of Article VII of the Illinois Constitution, that
6 the establishment of standards regarding aboveground storage
7 tanks and associated piping within the jurisdiction of the
8 Office of the State Fire Marshal is an exclusive State
9 function which may not be exercised concurrently by a home
10 rule unit except as expressly permitted in this Act.
11 (b) The Office of the State Fire Marshal shall enforce
12 its rules and regulations concerning aboveground storage
13 tanks and associated piping; however, municipalities may
14 enforce any of their zoning ordinances or zoning regulations
15 regarding aboveground tanks. The Office of the State Fire
16 Marshal may issue an administrative order to any owner of an
17 aboveground storage tank and associated piping it reasonably
18 believes to be in violation of such rules and regulations to
19 remedy or remove any such violation. Such an order shall be
20 served by registered or certified mail or in person. Any
21 person served with such an order may appeal such order by
22 submitting in writing any such appeal to the Office within 10
23 days of the date of receipt of such order. The Office shall
24 conduct an administrative hearing governed by the Illinois
25 Administrative Procedure Act and enter an order to sustain,
26 modify or revoke such order. Any appeal from such order
27 shall be to the circuit court of the county in which the
28 violation took place and shall be governed by the
29 Administrative Review Law.
30 (Source: P.A. 88-45; 89-161, eff. 7-19-95.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.