State of Illinois
92nd General Assembly
Legislation

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92_HB1815enr

HB1815 Enrolled                                LRB9205574LBmb

 1        AN ACT concerning the regulation of professions.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Petroleum Equipment Contractors Licensing Act.

 6        Section 5.  Definitions.  For the purposes of this Act:
 7        "Employee"  means a licensee or a person who is currently
 8    employed by a contractor licensed under this Act  whose  full
 9    or part-time duties include any activity specified in Section
10    35 of this Act.
11        "Person"   means   a   natural  person  or  any  company,
12    corporation, or other business entity.
13        "Petroleum equipment contractor" means a person, company,
14    or corporation that installs, repairs, or removes underground
15    storage tanks.

16        Section   10.    Licensure    requirement;    injunction.
17    Beginning  6  months after the effective date of this Act, no
18    person, firm, association, or  corporation  shall  act  as  a
19    petroleum  equipment  contractor  or  employee,  advertise or
20    assume  to  act  as  a  petroleum  equipment  contractor   or
21    employee,  or  use  any title implying that the person, firm,
22    association, or corporation is engaged in  such  practice  or
23    occupation, unless licensed by the State Fire Marshal.
24        The  State  Fire  Marshal,  in  the  name  of the People,
25    through the Attorney General, the  State's  Attorney  of  any
26    county, any resident of the State, or any legal entity within
27    the  State  may  apply  for injunctive relief in any court to
28    enjoin a person who has not been issued a  license  or  whose
29    license  has  been  suspended,  revoked, or not renewed, from
30    practicing as a petroleum equipment contractor, and, upon the
 
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 1    filing of a verified petition, the  court,  if  satisfied  by
 2    affidavit  or  otherwise  that  the  person  is  or  has been
 3    practicing in violation of this Act, may  enter  a  temporary
 4    restraining  order  or  preliminary injunction, without bond,
 5    enjoining the defendant from further activity.  A copy of the
 6    verified complaint shall be served upon the defendant and the
 7    proceedings shall be conducted as in other civil  cases.   If
 8    it  is  established  that  the  defendant  has  been,  or  is
 9    practicing  in  violation  of this Act, the court may enter a
10    judgment perpetually enjoining the defendant from any further
11    unlicensed  activity.   In  the  case  of  violation  of  any
12    injunctive order or judgment entered under the provisions  of
13    this  Section,  the  court  may  summarily try and punish the
14    offender for contempt of court.  Such  injunctive  proceeding
15    shall  be  in addition to all penalties and other remedies in
16    this Act.

17        Section  15.   Deposit  of  fees.   All  fees   collected
18    pursuant  to  this  Act  shall  be  deposited  into  the Fire
19    Prevention Fund.

20        Section 25.  Rules; report. The State Fire Marshal  shall
21    promulgate  rules  consistent with the provisions of this Act
22    for the administration and enforcement of this  Act  and  may
23    prescribe  forms  that shall be issued in connection with the
24    rules promulgated under this Act.  The  rules  shall  include
25    standards   and   criteria   for  registration,  professional
26    conduct, and discipline.

27        Section 30.  Investigators.  The State Fire  Marshal  may
28    employ,   in   conformity   with   the  Personnel  Code,  the
29    professional, technical, investigative, or clerical help that
30    may be necessary for  the  enforcement  of  this  Act.   Each
31    investigator  shall  have  a minimum of 2 years investigative
 
HB1815 Enrolled             -3-                LRB9205574LBmb
 1    experience out of the preceding 5 years.
 2        An investigator may not hold  an  active  license  issued
 3    pursuant  to  this  Act or have any fiduciary interest in any
 4    business licensed under this Act.  This prohibition does  not
 5    prohibit  the  investigator  from holding stock in a publicly
 6    traded  business  licensed  or  regulated  under  this   Act,
 7    provided  that the investigator does not hold more than 5% of
 8    the stock of the business.

 9        Section 35.  Licensure qualifications and fees.
10        (a)  Applicants for a license must submit to  the  Office
11    all of the following:
12             (1)  fees as established by the Office;
13             (2)  evidence   of   registration   as  an  Illinois
14        corporation or evidence of compliance  with  the  Assumed
15        Business Name Act;
16             (3)  evidence   of  financial  responsibility  in  a
17        minimum amount of $1,000,000 through liability insurance,
18        self-insurance, group insurance, group self-insurance, or
19        risk  retention  groups  that  must   include   completed
20        operations and environmental impairment; and
21             (4)  evidence  of compliance with the qualifications
22        and standards established by the Office.
23        (b)  The contractor  must  possess  a  license  from  the
24    Office to perform the following types of activity:
25             (1)  installation of underground storage tanks;
26             (2)  repair    of    USTs,   which   shall   include
27        retrofitting  and  installation  of  cathodic  protection
28        systems;
29             (3)  decommissioning of USTs  including  abandonment
30        in place;
31             (4)  relining of USTs;
32             (5)  tank and piping tightness testing;
33             (6)  testing of cathodic protection systems; and
 
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 1             (7)  any other category established by the Office of
 2        the State Fire Marshal.
 3        (c)  The  Office  of  the  Fire Marshal shall adopt rules
 4    outlining  the  minimum  amount  of  training  required   for
 5    personnel   engaged  in  Underground  Storage  Tank  activity
 6    regulated under this Act.

 7        Section 40.  Application.  Each application for a license
 8    to practice under this Act shall be in writing and signed  by
 9    the  applicant  on  forms provided by the Office of the State
10    Fire Marshal.

11        Section 45.  Issuance of license; renewal.
12        (a)  The State Fire Marshal shall, upon  the  applicant's
13    satisfactory  completion of the requirements authorized under
14    this Act, and upon receipt of the requisite fees,  issue  the
15    appropriate  license  and  wallet  card  showing the name and
16    business location of the licensee, the dates of issuance  and
17    expiration,  and  shall  contain a photograph of the licensee
18    provided to the State Fire Marshal.
19        (b)  Each licensee may apply for renewal of  his  or  her
20    license  upon  payment  of the requisite fee.  The expiration
21    date and renewal period for each license  issued  under  this
22    Act shall be set by rule.  Failure to renew within 60 days of
23    the  date  shall cause the license to lapse. A lapsed license
24    may not be reinstated until a written application  is  filed,
25    the renewal fee is paid, and a $50 reinstatement fee is paid.
26    The  renewal  and  reinstatement  fees  shall  be  waived for
27    persons who did  not  renew  while  on  active  duty  in  the
28    military  and  who file for renewal or restoration within one
29    year after discharge from the active duty service.
30        (c)  All   fees   paid   pursuant   to   this   Act   are
31    non-refundable.
 
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 1        Section 50.   Returned  checks.   Any  person  who  on  2
 2    occasions  issues  or  delivers a check or other order to the
 3    State Fire Marshal that  is  not  honored  by  the  financial
 4    institution  upon  which  it is drawn because of insufficient
 5    funds in his or her account, shall  pay  to  the  State  Fire
 6    Marshal,  in  addition  to the amount owing upon the check or
 7    other order, a fee of $50.  If the check or other  order  was
 8    issued  or  delivered  in  payment  of  a renewal fee and the
 9    licensee whose  license  has  lapsed  continues  to  practice
10    without paying the renewal fee and the $50 fee required under
11    this  Section, an additional fee of $100 shall be imposed for
12    practicing without a current license.  The State Fire Marshal
13    shall notify the licensee whose license has lapsed within  30
14    days  after  the discovery by the State Fire Marshal that the
15    licensee is practicing without a current  license,  that  the
16    person  is  acting  as  a  petroleum  equipment contractor or
17    employee, as the case may be,  without  a  license,  and  the
18    amount due to the State Fire Marshal, which shall include the
19    lapsed  renewal  fee  and  all  other  fees  required by this
20    Section.  If after the expiration of 30 days from the date of
21    such notification, the  licensee  whose  license  has  lapsed
22    seeks  a  current license, he or she shall apply to the State
23    Fire Marshal for reinstatement of the  license  and  pay  all
24    fees  due  to the State Fire Marshal.  The State Fire Marshal
25    may establish a fee for the processing of an application  for
26    reinstatement of a license that allows the State Fire Marshal
27    to  pay  all costs and expenses incident to the processing of
28    this application.  The State Fire Marshal may waive the  fees
29    due  under  this  Section in individual cases where he or she
30    finds that the fees would be  unreasonable  or  unnecessarily
31    burdensome.

32        Section   60.    License  renewal;  display  of  license;
33    inspection.
 
HB1815 Enrolled             -6-                LRB9205574LBmb
 1        (a)  As a condition of renewal of a  license,  the  State
 2    Fire  Marshal  may require the licensee to report information
 3    pertaining to his or her practice that the State Fire Marshal
 4    determines to be in the interest of public safety.
 5        (b)  A licensee shall report a change in home  or  office
 6    address within 10 days.
 7        (c)  Each  licensee  shall prominently display his or her
 8    license to practice at each place from which the practice  is
 9    being  performed.   If more than one location is used, branch
10    office certificates shall be issued upon payment of the  fees
11    to  be  established by the State Fire Marshal.  Each employee
12    shall carry on his or her person a wallet card issued by  the
13    State Fire Marshal.
14        (d)  If  a  license  or  certificate is lost, a duplicate
15    shall be issued upon  payment  of  the  required  fee  to  be
16    established  by the State Fire Marshal.  If a licensee wishes
17    to change his or her name, the State Fire Marshal shall issue
18    a license in the new name upon payment of  the  required  fee
19    and  upon  receipt  of satisfactory proof that the change was
20    done in accordance with law.
21        (e)  Each licensee shall permit his or her facilities  to
22    be  inspected  by  representatives of the Office of the State
23    Fire Marshal.

24        Section 65.  Disciplinary actions.   Licensees  shall  be
25    subject to disciplinary action for any of the following:
26             (1)  obtaining  or  renewing a license by the use of
27        fraud or material deception;
28             (2)  being professionally incompetent as  manifested
29        by poor standards of service;
30             (3)  engaging   in   dishonorable,   unethical,   or
31        unprofessional  conduct of a character likely to deceive,
32        defraud, or harm the public in the course of professional
33        services or activities;
 
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 1             (4)  being  convicted  of  a  crime   that   has   a
 2        substantial  relationship  to  his  or her practice or an
 3        essential element of which  is  misstatement,  fraud,  or
 4        dishonesty,  being  convicted in this or another state of
 5        any crime that is a felony under the laws of Illinois  or
 6        of  that  state,  or  being  convicted  of  a felony in a
 7        federal court, unless the licensee demonstrates  that  he
 8        or she has been sufficiently rehabilitated to warrant the
 9        public trust;
10             (5)  performing  any  service in a grossly negligent
11        manner or permitting any  licensed  employee  to  perform
12        services  in  a  grossly  negligent manner, regardless of
13        whether  actual  damage  or  damage  to  the  public   is
14        established;
15             (6)  being  a  habitual  drunk  or having a habitual
16        addiction to the use  of  morphine,  cocaine,  controlled
17        substances, or other habit-forming drugs;
18             (7)  willfully  receiving  compensation, directly or
19        indirectly, for any  professional  service  not  actually
20        rendered;
21             (8)  having disciplinary action taken against his or
22        her license in another State;
23             (9)  contracting  or assisting unlicensed persons to
24        perform services for which a license  is  required  under
25        this Act;
26             (10)  permitting  the  use  of his or her license to
27        enable an unlicensed person or agency  to  operate  as  a
28        licensee;
29             (11)  performing  and  charging for services without
30        having authorization to do so  from  the  member  of  the
31        public being served; or
32             (12)  failing  to  comply with any provision of this
33        Act or the rules adopted under this Act.
 
HB1815 Enrolled             -8-                LRB9205574LBmb
 1        Section  70.   Complaints.   All  complaints   concerning
 2    violations  regarding  licensees or unlicensed activity shall
 3    be received and logged by the State Fire Marshal.

 4        Section 75. Formal charges; hearings.
 5        (a)  Following the investigative process, the State  Fire
 6    Marshal  may  file  formal charges against the licensee.  The
 7    formal charges shall, at a minimum, inform  the  licensee  of
 8    the  facts that comprise the basis of the charge and that are
 9    specific enough to enable the licensee to defend  himself  or
10    herself.
11        (b)  Each  licensee  whose  conduct  is  the subject of a
12    formal  charge  that  seeks  to  impose  disciplinary  action
13    against the licensee shall be served  notice  of  the  formal
14    charge at least 30 days before the date of the hearing, which
15    shall be presided over by a hearing officer authorized by the
16    State Fire Marshal.  Service shall be considered to have been
17    given  if  the notice was personally received by the licensee
18    or if the notice was sent by certified mail,  return  receipt
19    requested,  to  the  licensee  at  the  licensee's last known
20    address as listed with the State Fire Marshal.
21        (c)  The  notice  of  formal  charges  shall  inform  the
22    licensee (i) of the time, date, and  place  of  the  hearing;
23    (ii) that the licensee shall appear personally at the hearing
24    and  may  be  represented by counsel; (iii) that the licensee
25    shall have the right to produce witnesses and evidence in his
26    or her behalf and  shall  have  the  right  to  cross-examine
27    witnesses  and  examine evidence produced against him or her;
28    (iv) that the hearing could  result  in  disciplinary  action
29    being  taken  against  his or her license; (v) that rules for
30    the conduct of these hearings exist and  it  may  be  in  the
31    licensee's  best  interest  to  obtain  a  copy;  (vi) that a
32    hearing officer authorized by the State  Fire  Marshal  shall
33    preside  at  the  hearing and following the conclusion of the
 
HB1815 Enrolled             -9-                LRB9205574LBmb
 1    hearing shall make findings of fact, conclusions of law,  and
 2    recommendations   to  the  State  Fire  Marshal  as  to  what
 3    disciplinary  action,  if  any,  should  be  imposed  on  the
 4    licensee; and (vii) that the State Fire Marshal may  continue
 5    the hearing.
 6        (d)  The  hearing  officer  authorized  by the State Fire
 7    Marshal shall hear the evidence produced in  support  of  the
 8    formal  charges  and  any  contrary  evidence produced by the
 9    licensee.  At the conclusion  of  the  hearing,  the  hearing
10    officer  shall make findings of fact, conclusions of law, and
11    recommendations and submit them to the State Fire Marshal and
12    to all parties to the proceeding.  Submission to the licensee
13    shall be considered as having been made if done in a  similar
14    fashion  as  service of the notice of formal charges.  Within
15    20 days after such service, any party to the  proceeding  may
16    present to the State Fire Marshal a motion, in writing, for a
17    rehearing that specifies the grounds for rehearing.
18        (e)  The  State  Fire Marshal, following the time allowed
19    for filing a motion for rehearing, shall review  the  hearing
20    officer's   findings   of   fact,  conclusions  of  law,  and
21    recommendations and  any  motions  filed  subsequent  to  the
22    findings,  conclusions, and recommendations.  After reviewing
23    this information,  the  State  Fire  Marshal  may  hear  oral
24    arguments, prior to issuing an order.  The report of findings
25    of  fact,  conclusions  of  law,  and  recommendations of the
26    hearing officer  shall  be  the  basis  for  the  State  Fire
27    Marshal's order.
28        If  the State Fire Marshal finds that substantial justice
29    was not done, he or she may issue an order  in  contravention
30    to   the   findings   of   fact,   conclusions  of  law,  and
31    recommendations of the hearing officer. The  finding  is  not
32    admissible  in  evidence  against  the  person  in a criminal
33    prosecution brought for the violation of this Act.
34        (f)  All proceedings pursuant to this Section are matters
 
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 1    of public record and shall be preserved.

 2        Section 80.  Sanctions.
 3        (a)  The State Fire  Marshal  shall  impose  any  of  the
 4    following sanctions, singly or in combination, when he or she
 5    finds  that  a licensee is guilty of any offense described in
 6    Section 65:
 7             (1)  revocation;
 8             (2)  suspension for any period of time;
 9             (3)  reprimand or censure;
10             (4)  placement   on    probationary    status    and
11        requirement   that   the   licensee  submit  any  of  the
12        following:
13                  (A)  report regularly to the State Fire Marshal
14             upon matters that are the basis of the probation;
15                  (B)  continue or renew  professional  education
16             until  a  satisfactory  degree  of  skill  has  been
17             attained  in  those  areas that are the basis of the
18             probation; or
19                  (C)  any  other  reasonable   requirements   or
20             restrictions as are proper;
21             (5)  refusal to issue, renew, or restore; or
22             (6)  revocation  of  probation that has been granted
23        and imposition of any other discipline in this subsection
24        (a) when the requirements  of  probation  have  not  been
25        fulfilled or have been violated.
26        (b)  The  State  Fire  Marshal  may  summarily  suspend a
27    license under this Act,  without  a  hearing,  simultaneously
28    with  the  filing  of  a  formal  complaint  and notice for a
29    hearing, if the State Fire Marshal finds that  the  continued
30    operations  of  the  individual would constitute an immediate
31    danger to the public.  In the event the  State  Fire  Marshal
32    suspends  a  license  under this subsection, a hearing by the
33    hearing officer designated by the State Fire Marshal shall be
 
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 1    held within 20  days  after  the  suspension  begins,  unless
 2    continued at the request of the licensee.
 3        (c)  Disposition  may  be made of any formal complaint by
 4    consent  order  between  the  State  Fire  Marshal  and   the
 5    licensee.
 6        (d)  The  State Fire Marshal shall reinstate a license to
 7    good standing under this  Act,  upon  recommendation  to  the
 8    State  Fire  Marshal,  after  a  hearing  before  the hearing
 9    officer authorized by the State Fire Marshal. The State  Fire
10    Marshal  shall  be  satisfied  that  the  applicant's renewed
11    practice is not contrary to the public interest.
12        (e)  The State Fire  Marshal  may  conduct  hearings  and
13    issue  cease  and  desist  orders  to  persons  who engage in
14    activities prohibited by this  Act  without  having  a  valid
15    license,   certificate,   or  registration.   Any  person  in
16    violation of a cease and desist order entered  by  the  State
17    Fire Marshal shall be subject to all of the remedies provided
18    by  law and, in addition, shall be subject to a civil penalty
19    payable to the party injured by the violation.
20        (f)  The  State  Fire  Marshal  shall  seek  to   achieve
21    consistency in the application of the foregoing sanctions and
22    consent orders and significant departure from prior decisions
23    involving  similar  conduct  shall  be explained in the State
24    Fire Marshal's orders.
25        (g)  Upon the  suspension  or  revocation  of  a  license
26    issued under this Act, a licensee shall surrender the license
27    to  the  State  Fire  Marshal and, upon failure to do so, the
28    State Fire Marshal shall seize the same.
29        (g-5)  Any person, business, or corporation whose license
30    has  been  revoked  under  the  provisions  of  this  Act  is
31    prohibited, for  a  period  of  2  years  from  the  date  of
32    revocation,  from  owning  more  than 7 1/2% of a business or
33    corporation licensed under this Act.
34        (h)  The State Fire Marshal may refuse to  issue  or  may
 
HB1815 Enrolled             -12-               LRB9205574LBmb
 1    suspend the license of any person who fails to file a return,
 2    to pay the tax, penalty, or interest shown in a filed return,
 3    or  to pay any final assessment of tax, penalty, or interest,
 4    as required by any  tax  Act  administered  by  the  Illinois
 5    Department  of  Revenue, until the time that the requirements
 6    of any such tax Act are satisfied.

 7        Section 85.  Depositions; witnesses; judicial review.
 8        (a)  The State Fire Marshal has the power to subpoena and
 9    bring before him or her any person in this State and to  take
10    testimony  either  orally or by deposition, or both, with the
11    same fees and mileage and in the same manner as is prescribed
12    by law for judicial proceedings in civil  cases.   The  State
13    Fire  Marshal  and  the hearing officer approved by the State
14    Fire Marshal have  the  power  to  administer  oaths  at  any
15    hearing that the State Fire Marshal is authorized to conduct.
16        (b)  A   circuit  court,  upon  the  application  of  the
17    licensee or the State Fire  Marshal, may order the attendance
18    of witnesses and the production of relevant books and  papers
19    in any hearing conducted pursuant to this Act.  The court may
20    compel obedience to its order by proceedings for contempt.
21        (c)  The  State  Fire  Marshal,  at the Office's expense,
22    shall provide a  stenographer  or  a    mechanical  recording
23    device  to  record the testimony and preserve a record of all
24    proceedings at the hearing of any case wherein a license  may
25    be  revoked,  suspended,  placed  on  probationary status, or
26    other disciplinary action taken with regard to  the  license.
27    The notice of hearing, the complaint, and all other documents
28    in  the  nature of pleadings and written motions filed in the
29    proceedings, the transcript of testimony, the report  of  the
30    hearing  officer,  and  the  orders of the State Fire Marshal
31    constitute the record of the  proceedings.   The  State  Fire
32    Marshal  shall  furnish  a  transcript  of  the record to any
33    interested person upon payment of the costs  of  copying  and
 
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 1    transmitting the record.
 2        (d)  All final administrative decisions of the State Fire
 3    Marshal  are  subject  to  judicial  review  pursuant  to the
 4    provisions of the Administrative Review  Law  and  the  rules
 5    adopted  pursuant  thereto.   Proceedings for judicial review
 6    shall be commenced in the Circuit  Court  of  the  county  in
 7    which  the  party  applying  for review resides. If the party
 8    applying for review is not a resident of Illinois, the  venue
 9    shall be in Sangamon County. The State Fire Marshal shall not
10    be  required  to  certify  any  record to the court, file any
11    answer in court, or  otherwise  appear  in  any  court  in  a
12    judicial  review  proceeding,  unless  there  is filed in the
13    court with the  complaint  a  receipt  from  the  State  Fire
14    Marshal  acknowledging payment of the costs of furnishing and
15    certifying the record, which costs shall be computed  at  the
16    cost  of  preparing such record.  Exhibits shall be certified
17    without cost.  Failure on the part of the  licensee  to  file
18    the  receipt  in  court shall be grounds for dismissal of the
19    action.
20        During all judicial proceedings incident to  disciplinary
21    action,  the sanctions  imposed upon the accused by the State
22    Fire Marshal shall remain in effect, unless the  court  feels
23    justice requires a stay of the order.

24        Section  90.   Order;  prima  facie proof.  An order or a
25    certified copy of an order, bearing the  seal  of  the  State
26    Fire  Marshal  and  purporting to be signed by the State Fire
27    Marshal, is prima facie proof that:
28             (1)  the  signature  is  that  of  the  State   Fire
29        Marshal;
30             (2)  the State Fire Marshal is qualified to act; and
31             (3)  the  hearing  officer  is  qualified  to act on
32        behalf of the State Fire Marshal.
33        Such proof may be rebutted.
 
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 1        Section 95.  Publication  of  records.   The  State  Fire
 2    Marshal  shall, upon request, publish a list of the names and
 3    addresses of all licensees under the provisions of this Act.

 4        Section 100.  Criminal penalties.  A person who  violates
 5    any  of the provisions of this Act shall be guilty of a Class
 6    A misdemeanor for the first offense and shall be guilty of  a
 7    Class 4 felony for a second or subsequent offense.


 8        Section 105.  Home rule.  The regulation and licensing of
 9    petroleum  equipment  contractors  are  exclusive  powers and
10    functions of the State.  A home rule unit may not regulate or
11    license petroleum equipment contractors.  This Section  is  a
12    denial and limitation of home rule powers and functions under
13    subsection  (h)  of  Section 6 of Article VII of the Illinois
14    Constitution. However, nothing in this Act  shall  limit  the
15    authority  of  the  Office  of  the  State Fire Marshal and a
16    municipality with a population over  500,000  to  enter  into
17    contracts  pursuant  to  paragraph  (b)  of subsection (2) of
18    Section 2 of the Gasoline Storage Act.

19        Section 900.  The Regulatory Sunset  Act  is  amended  by
20    adding Section 4.22 as follows:

21        (5 ILCS 80/4.22 new)
22        Sec.  4.22.   Act  repealed  on  January  1,  2012.   The
23    following Act is repealed on January 1, 2012:
24        The Petroleum Equipment Contractors Licensing Act.

25        Section  905.  The  Gasoline  Storage  Act  is amended by
26    changing Sections 2 and 7 as follows:

27        (430 ILCS 15/2) (from Ch. 127 1/2, par. 154)
 
HB1815 Enrolled             -15-               LRB9205574LBmb
 1        Sec. 2.  Jurisdiction; regulation of tanks.
 2        (1) (a)  Except as otherwise provided in  this  Act,  the
 3    jurisdiction  of  the  Office of the State Fire Marshal under
 4    this Act shall be concurrent with that of municipalities  and
 5    other  political  subdivisions.  The Office of the State Fire
 6    Marshal has power to promulgate,  pursuant  to  the  Illinois
 7    Administrative    Procedure   Act,   reasonable   rules   and
 8    regulations governing the keeping,  storage,  transportation,
 9    sale  or  use  of gasoline and volatile oils, including rules
10    requiring that underground storage tank  contractors  file  a
11    bond  or  a  certificate  of  insurance  with  the State Fire
12    Marshal, and rules governing  the  dismantling  of  abandoned
13    bulk  storage  plants.  Nothing in this Act shall relieve any
14    person, corporation, or other entity from complying with  any
15    zoning  ordinance of a municipality or home rule unit enacted
16    pursuant to Section 11-13-1 of the Illinois Municipal Code or
17    any ordinance enacted  pursuant  to  Section  11-8-4  of  the
18    Illinois Municipal Code.
19        (b)  The  rulemaking  power  shall  include  the power to
20    promulgate rules providing for the issuance and revocation of
21    permits allowing the self service dispensing of  motor  fuels
22    as  such  term is defined in the Motor Fuel Tax Law in retail
23    service stations or any other place of business  where  motor
24    fuels  are  dispensed  into the fuel tanks of motor vehicles,
25    internal combustion engines  or  portable  containers.   Such
26    rules  shall  specify  the requirements that must be met both
27    prior and subsequent to the issuance of such permits in order
28    to insure the safety and welfare of the general public.   The
29    operation  of such service stations without a permit shall be
30    unlawful.  The Office of the State Fire Marshal shall  revoke
31    such  permit  if the self service operation of such a service
32    station is found to pose a significant risk to the safety and
33    welfare of the general public.
34        (c)  However, except in any county with a  population  of
 
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 1    1,000,000 or more, the Office of the State Fire Marshal shall
 2    not have the authority to prohibit the operation of a service
 3    station  solely  on  the  basis  that  it  is  an  unattended
 4    self-service  station  which  utilizes  key  or card operated
 5    self-service motor fuel dispensing devices.  Nothing in  this
 6    paragraph shall prohibit the Office of the State Fire Marshal
 7    from  adopting reasonable rules and regulations governing the
 8    safety of self-service motor fuel dispensing devices.
 9        (d)  The  State  Fire  Marshal  shall  not  prohibit  the
10    dispensing or delivery  of  flammable  or  combustible  motor
11    vehicle  fuels  directly into the fuel tanks of vehicles from
12    tank trucks, tank wagons, or other portable tanks.  The State
13    Fire Marshal shall  adopt  rules  (i)  for  the  issuance  of
14    permits  for  the  dispensing  of  motor vehicle fuels in the
15    manner described in this paragraph (d), (ii)  that  establish
16    fees  for permits and inspections, and provide for those fees
17    to be deposited into the Fire  Prevention  Fund,  (iii)  that
18    require  the dispensing of motor fuel in the manner described
19    in this paragraph (d)  to  meet  conditions  consistent  with
20    nationally   recognized   standards  such  as  those  of  the
21    National Fire Protection Association, and (iv) that  restrict
22    the dispensing of motor vehicle fuels in the manner described
23    in this paragraph (d) to the following:
24             (A)  agriculture sites for agricultural purposes,
25             (B)  construction  sites  for refueling construction
26        equipment used at the construction site,
27             (C)  sites  used  for  the  parking,  operation,  or
28        maintenance of a commercial vehicle fleet,  but  only  if
29        the  site  is  located in a county with 3,000,000 or more
30        inhabitants or a  county  contiguous  to  a  county  with
31        3,000,000  or  more  inhabitants  and  the  site  is  not
32        normally accessible to the public, and
33             (D)  sites  used  for the refueling of police, fire,
34        or emergency medical services vehicles or other  vehicles
 
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 1        that are owned, leased, or operated by (or operated under
 2        contract  with) the State, a unit of local government, or
 3        a school district, or any agency of the  State  and  that
 4        are not normally accessible to the public.
 5        (2) (a)  The Office of the State Fire Marshal shall adopt
 6    rules and regulations regarding underground storage tanks and
 7    associated  piping  and  no  municipality  or other political
 8    subdivision  shall  adopt  or  enforce  any   ordinances   or
 9    regulations regarding such underground tanks and piping other
10    than  those  which are identical to the rules and regulations
11    of the Office of the State Fire Marshal.  It is  declared  to
12    be  the law of this State, pursuant to paragraphs (h) and (i)
13    of Section 6 of Article VII  of  the  Illinois  Constitution,
14    that the establishment and enforcement of standards regarding
15    underground  storage  tanks  and associated piping within the
16    jurisdiction of the Office of the State Fire  Marshal  is  an
17    exclusive   State   function   which  may  not  be  exercised
18    concurrently  by  a  home  rule  unit  except  as   expressly
19    permitted in this Act.
20        (b)  The  Office of the State Fire Marshal may enter into
21    written contracts with  municipalities  of  over  500,000  in
22    population to enforce the rules and regulations adopted under
23    this subsection.
24        (3) (a)  The  Office of the State Fire Marshal shall have
25    authority over underground storage tanks which contain,  have
26    contained,  or  are  designed to contain petroleum, hazardous
27    substances and regulated substances as those terms  are  used
28    in  Subtitle I of the Hazardous and Solid Waste Amendments of
29    1984 (P.L. 98-616), as amended by  the  Superfund  Amendments
30    and  Reauthorization  Act  of 1986 (P.L. 99-499).  The Office
31    shall have the power with regard to underground storage tanks
32    to require any person who tests, installs, repairs, replaces,
33    relines, or  removes  any  underground  storage  tank  system
34    containing,  formerly  containing,  or  which  is designed to
 
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 1    contain  petroleum  or  other  regulated  substances  to   be
 2    certified  to  perform  that  activity, to obtain a permit to
 3    install, repair, replace, reline, or  remove  the  particular
 4    tank  system,  to pay an annual certification fee of $100 per
 5    year, and to pay a fee set by the Office of $100 per site for
 6    a permit to install, repair, replace, reline, upgrade,  test,
 7    or  remove any portion of an underground storage tank system.
 8    All persons who do repairs above grade level  for  themselves
 9    need not pay a fee or be certified.  All fees received by the
10    Office  from  certification and permits shall be deposited in
11    the Fire Prevention Fund for the exclusive use of the  Office
12    in administering the Underground Storage Tank program.
13        (b) (i)  Within   120  days  after  the  promulgation  of
14    regulations or amendments thereto by the Administrator of the
15    United States Environmental Protection  Agency  to  implement
16    Section  9003  of Subtitle I of the Hazardous and Solid Waste
17    Amendments of 1984 (P.L. 98-616) of the Resource Conservation
18    and Recovery Act of  1976  (P.L.  95-580),  as  amended,  the
19    Office  of  the State Fire Marshal shall adopt regulations or
20    amendments thereto which  are  identical  in  substance.  The
21    rulemaking   provisions  of  Section  5-35  of  the  Illinois
22    Administrative Procedure Act shall not apply  to  regulations
23    or  amendments  thereto adopted pursuant to this subparagraph
24    (i).
25        (ii)  The Office of the  State  Fire  Marshal  may  adopt
26    additional  regulations  relating  to  an underground storage
27    tank program that are not inconsistent with and at  least  as
28    stringent  as Section 9003 of Subtitle I of the Hazardous and
29    Solid Waste Amendments of 1984 (P.L. 98-616) of the  Resource
30    Conservation  and  Recovery  Act  of  1976  (P.L. 94-580), as
31    amended,  or  regulations  adopted  thereunder.   Except   as
32    provided otherwise in subparagraph (i) of this paragraph (b),
33    the  Office  of  the  State  Fire  Marshal  shall  not  adopt
34    regulations  relating  to  corrective  action  at underground
 
HB1815 Enrolled             -19-               LRB9205574LBmb
 1    storage  tanks.   Regulations  adopted   pursuant   to   this
 2    subsection shall be adopted in accordance with the procedures
 3    for rulemaking in Section 5-35 of the Illinois Administrative
 4    Procedure Act.
 5        (c)  The  Office  of the State Fire Marshal shall require
 6    any  person,  corporation  or  other  entity  who  tests   an
 7    underground  tank  or  its  piping or cathodic protection for
 8    another, except a lessor for his or her lessee,  to  register
 9    with  the Office, and pay an annual registration fee of $100,
10    to be deposited in the Fire Prevention Fund,  and  to  report
11    the results of such test to the Office.
12        (d)  In  accordance  with constitutional limitations, the
13    Office shall have authority to enter at all reasonable  times
14    upon any private or public property for the purpose of:
15             (i)  Inspecting   and   investigating  to  ascertain
16        possible  violations  of   this   Act,   of   regulations
17        thereunder  or of permits or terms or conditions thereof;
18        or
19             (ii)  In accordance with the provisions of this Act,
20        taking whatever emergency action, that  is  necessary  or
21        appropriate,  to  assure that the public health or safety
22        is not threatened  whenever  there  is  a  release  or  a
23        substantial  threat  of  a  release  of  petroleum  or  a
24        regulated substance from an underground storage tank.
25        (e)  The  Office  of  the State Fire Marshal may issue an
26    Administrative Order to any person who it reasonably believes
27    has violated the rules and regulations governing  underground
28    storage  tanks,  including  the  installation,  repair,  leak
29    detection,  cathodic  protection  tank  testing,  removal  or
30    release  notification.   Such  an  order  shall  be served by
31    registered or certified mail or in person.  Any person served
32    with such an order may appeal such  order  by  submitting  in
33    writing  any  such appeal to the Office within 10 days of the
34    date of receipt of such order.  The Office shall  conduct  an
 
HB1815 Enrolled             -20-               LRB9205574LBmb
 1    administrative    hearing    governed    by    the   Illinois
 2    Administrative Procedure Act and enter an order  to  sustain,
 3    modify or revoke such order. Any appeal from such order shall
 4    be  to the circuit court of the county in which the violation
 5    took place and shall be governed by the Administrative Review
 6    Law.
 7        (f)  The Office of  the  State  Fire  Marshal  shall  not
 8    require  the  removal of an underground tank system taken out
 9    of operation before January 2, 1974, except in  the  case  in
10    which  the  office  of  the State Fire Marshal has determined
11    that a release from  the  underground  tank  system  poses  a
12    current   or   potential  threat  to  human  health  and  the
13    environment.  In that case, and upon receipt of an Order from
14    the Office of the State Fire Marshal, the owner  or  operator
15    of  the  nonoperational  underground tank system shall assess
16    the excavation zone and close the system in  accordance  with
17    regulations  promulgated  by  the  Office  of  the State Fire
18    Marshal.
19        (4) (a)  The Office of the State Fire Marshal shall adopt
20    rules and regulations regarding aboveground storage tanks and
21    associated piping and  no  municipality  or  other  political
22    subdivision   shall   adopt  or  enforce  any  ordinances  or
23    regulations regarding such aboveground tanks and piping other
24    than those which are identical to the rules  and  regulations
25    of  the  Office  of  the  State  Fire  Marshal unless, in the
26    interest of fire safety, the Office of the State Fire Marshal
27    delegates  such  authority   to   municipalities,   political
28    subdivisions  or  home  rule units.  It is declared to be the
29    law of this State, pursuant to  paragraphs  (h)  and  (i)  of
30    Section  6  of Article VII of the Illinois Constitution, that
31    the establishment of standards regarding aboveground  storage
32    tanks  and  associated  piping within the jurisdiction of the
33    Office of the  State  Fire  Marshal  is  an  exclusive  State
34    function  which  may  not be exercised concurrently by a home
 
HB1815 Enrolled             -21-               LRB9205574LBmb
 1    rule unit except as expressly permitted in this Act.
 2        (b)  The Office of the State Fire Marshal  shall  enforce
 3    its  rules  and  regulations  concerning  aboveground storage
 4    tanks and  associated  piping;  however,  municipalities  may
 5    enforce  any of their zoning ordinances or zoning regulations
 6    regarding aboveground tanks.  The Office of  the  State  Fire
 7    Marshal  may issue an administrative order to any owner of an
 8    aboveground storage tank and associated piping it  reasonably
 9    believes  to be in violation of such rules and regulations to
10    remedy or remove any such violation.  Such an order shall  be
11    served  by  registered  or  certified mail or in person.  Any
12    person served with such an order may  appeal  such  order  by
13    submitting in writing any such appeal to the Office within 10
14    days  of the date of receipt of such order.  The Office shall
15    conduct an administrative hearing governed  by  the  Illinois
16    Administrative  Procedure  Act and enter an order to sustain,
17    modify or revoke such order.   Any  appeal  from  such  order
18    shall  be  to  the  circuit  court of the county in which the
19    violation  took  place  and  shall   be   governed   by   the
20    Administrative Review Law.
21    (Source: P.A. 91-851, eff. 1-1-01.)

22        (430 ILCS 15/7) (from Ch. 127 1/2, par. 159)
23        Sec. 7. (a)  A violation of:
24             (1)  paragraph  (a)  or  (b)  of  subsection  (3) of
25        Section 2 of this Act is a business offense punishable by
26        a fine of not more than $10,000 per day;
27             (2)  (blank); paragraph (c)  of  subsection  (3)  of
28        Section  2 is a petty offense punishable by a fine of not
29        less than $100 nor more than $500 per tank tested;
30             (3)  Section Sections 4 and  5  of  this  Act  is  a
31        business  offense  punishable  by a fine of not more than
32        $10,000 per day;
33             (3.5)  Section 3.5 of this Act is a business offense
 
HB1815 Enrolled             -22-               LRB9205574LBmb
 1        punishable by fine of not more than $10,000 per offense;
 2             (4)  an  administrative  order   as   described   in
 3        paragraph  (e)  of subsection (3) of Section 2, paragraph
 4        (b) of subsection (4) of Section 2 or subsection  (c)  of
 5        Section 6 after it has become final is a business offense
 6        punishable  by  a  fine  of not less than $1,000 nor more
 7        than $25,000 per day;
 8             (5)  any other rule promulgated by the Office of the
 9        State Fire Marshal is a business offense punishable by  a
10        fine  of not less than $100 nor more than $1,000 for each
11        offense or each day of continued violation.
12        (b)  (Blank). The  State  Fire  Marshal  may  suspend  or
13    revoke  the  registration  of any person who has violated the
14    rules of the State Fire Marshal after notice and  opportunity
15    for  an Administrative hearing which shall be governed by the
16    Illinois Administrative Procedure Act.  Any appeal from  such
17    suspension or revocation shall be to the circuit court of the
18    county  in  which the hearing was held and be governed by the
19    Administrative Review Law.
20        (c)  A civil action to recover such fines may be  brought
21    by the Attorney General or the State's Attorney of the county
22    in which the violation occurred.
23        (d)  Any  monies received by the State under this Section
24    shall be deposited into the Underground Storage Tank Fund.
25    (Source: P.A. 90-662, eff. 7-30-98.)

26        Section 999.  Effective date.  This Act takes effect upon
27    becoming law.

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