Public Act 90-0662 of the 90th General Assembly
Public Act 90-0662
HB2668 Enrolled LRB9008765LDbdA
AN ACT in relation to underground storage tanks, amending
named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Gasoline Storage Act is amended by adding
Section 3.5 and amending Section 7 as follows:
(430 ILCS 15/3.5 new)
Sec. 3.5. Underground Storage Tank Certification.
(a) For the purposes of this Section, "petroleum",
"petroleum product", "hazardous substance", and "regulated
substance" have the meanings ascribed to them in Subtitle I
of the Hazardous and Solid Waste Amendments of 1984 (42
U.S.C. Sec. 6901 et seq.), as amended by the Superfund
Amendments and Reauthorization Act of 1986 (42 U.S.C. Sec.
9601 et seq.). "Underground storage tank" has the meaning
ascribed to it in Section 4(e) of this Act.
(b) The Office of the State Fire Marshal shall certify
either that all underground storage tanks in a facility
comply or that one or more tanks in the facility do not
comply with the rules adopted by the Office of the State Fire
Marshal. The Office of the State Fire Marshal shall affix
evidence of compliance or noncompliance to the facility in
which the underground storage tank is located.
(c) Beginning December 22, 1998, no person, corporation,
unit of local government, firm, or other business entity or
political subdivision of the State shall knowingly deliver,
deposit, fill, or otherwise place any petroleum, petroleum
product, hazardous substance, or regulated substance into any
underground storage tank in a facility that:
(1) does not display evidence that its underground
storage tanks are in compliance with the rules of the
Office of the State Fire Marshal; or
(2) displays evidence that one or more of its
underground storage tanks are not in compliance with the
rules of the Office of the State Fire Marshal.
(d) The Office of the State Fire Marshal shall adopt
rules, which may include emergency rules, for certification,
evidence of compliance or noncompliance, and expiration
dates and intervals for reissuance.
(430 ILCS 15/7) (from Ch. 127 1/2, par. 159)
Sec. 7. (a) A violation of:
(1) paragraph (a) or (b) of subsection (3) of Section 2
of this Act is a business offense punishable by a fine of not
more than $10,000 per day;
(2) paragraph (c) of subsection (3) of Section 2 is a
petty offense punishable by a fine of not less than $100 nor
more than $500 per tank tested;
(3) Sections 4 and 5 of this Act is a business offense
punishable by a fine of not more than $10,000 per day;
(3.5) Section 3.5 of this Act is a business offense
punishable by fine of not more than $10,000 per offense;
(4) an administrative order as described in paragraph
(e) of subsection (3) of Section 2, paragraph (b) of
subsection (4) of Section 2 or subsection (c) of Section 6
after it has become final is a business offense punishable by
a fine of not less than $1,000 nor more than $25,000 per day;
(5) any other rule promulgated by the Office of the
State Fire Marshal is a business offense punishable by a fine
of not less than $100 nor more than $1,000 for each offense
or each day of continued violation.
(b) The State Fire Marshal may suspend or revoke the
registration of any person who has violated the rules of the
State Fire Marshal after notice and opportunity for an
Administrative hearing which shall be governed by the
Illinois Administrative Procedure Act. Any appeal from such
suspension or revocation shall be to the circuit court of the
county in which the hearing was held and be governed by the
Administrative Review Law.
(c) A civil action to recover such fines may be brought
by the Attorney General or the State's Attorney of the county
in which the violation occurred.
(d) Any monies received by the State under this Section
shall be deposited into the Underground Storage Tank Fund.
(Source: P.A. 87-323.)
Section 99. Effective date. This Act takes effect upon
becoming law.