Bill Text: IL HB0513 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Gasoline Storage Act. Removes the county population limitation for the issuance of permits for the dispensing or delivery of flammable or combustible motor vehicle fuels directly into the fuel tanks of vehicles from tank trucks, tank wagons, or other portable tanks for sites used for the parking, operation, or maintenance of a commercial vehicle fleet. Effective immediately.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Enrolled) 2017-06-27 - Sent to the Governor [HB0513 Detail]

Download: Illinois-2017-HB0513-Enrolled.html



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1 AN ACT concerning public safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Gasoline Storage Act is amended by changing
5Section 2 as follows:
6 (430 ILCS 15/2) (from Ch. 127 1/2, par. 154)
7 Sec. 2. Jurisdiction; regulation of tanks.
8 (1) (a) Except as otherwise provided in this Act, the
9jurisdiction of the Office of the State Fire Marshal under this
10Act shall be concurrent with that of municipalities and other
11political subdivisions. The Office of the State Fire Marshal
12has power to promulgate, pursuant to the Illinois
13Administrative Procedure Act, reasonable rules and regulations
14governing the keeping, storage, transportation, sale or use of
15gasoline and volatile oils. Nothing in this Act shall relieve
16any person, corporation, or other entity from complying with
17any zoning ordinance of a municipality or home rule unit
18enacted pursuant to Section 11-13-1 of the Illinois Municipal
19Code or any ordinance enacted pursuant to Section 11-8-4 of the
20Illinois Municipal Code.
21 (b) The rulemaking power shall include the power to
22promulgate rules providing for the issuance and revocation of
23permits allowing the self service dispensing of motor fuels as

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1such term is defined in the Motor Fuel Tax Law in retail
2service stations or any other place of business where motor
3fuels are dispensed into the fuel tanks of motor vehicles,
4internal combustion engines or portable containers. Such rules
5shall specify the requirements that must be met both prior and
6subsequent to the issuance of such permits in order to insure
7the safety and welfare of the general public. The operation of
8such service stations without a permit shall be unlawful. The
9Office of the State Fire Marshal shall revoke such permit if
10the self service operation of such a service station is found
11to pose a significant risk to the safety and welfare of the
12general public.
13 (c) However, except in any county with a population of
141,000,000 or more, the Office of the State Fire Marshal shall
15not have the authority to prohibit the operation of a service
16station solely on the basis that it is an unattended
17self-service station which utilizes key or card operated
18self-service motor fuel dispensing devices. Nothing in this
19paragraph shall prohibit the Office of the State Fire Marshal
20from adopting reasonable rules and regulations governing the
21safety of self-service motor fuel dispensing devices.
22 (d) The State Fire Marshal shall not prohibit the
23dispensing or delivery of flammable or combustible motor
24vehicle fuels directly into the fuel tanks of vehicles from
25tank trucks, tank wagons, or other portable tanks. The State
26Fire Marshal shall adopt rules (i) for the issuance of permits

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1for the dispensing of motor vehicle fuels in the manner
2described in this paragraph (d), (ii) that establish fees for
3permits and inspections, and provide for those fees to be
4deposited into the Fire Prevention Fund, (iii) that require the
5dispensing of motor fuel in the manner described in this
6paragraph (d) to meet conditions consistent with nationally
7recognized standards such as those of the National Fire
8Protection Association, and (iv) that restrict the dispensing
9of motor vehicle fuels in the manner described in this
10paragraph (d) to the following:
11 (A) agriculture sites for agricultural purposes; ,
12 (B) construction sites for refueling construction
13 equipment used at the construction site; ,
14 (C) sites used for the parking, operation, or
15 maintenance of a commercial vehicle fleet, but only if the
16 site is located in a county with 3,000,000 or more
17 inhabitants or a county contiguous to a county with
18 3,000,000 or more inhabitants and the site is not normally
19 accessible to the public; , and
20 (D) sites used for the refueling of police, fire, or
21 emergency medical services vehicles or other vehicles that
22 are owned, leased, or operated by (or operated under
23 contract with) the State, a unit of local government, or a
24 school district, or any agency of the State and that are
25 not normally accessible to the public; and .
26 (E) any of the following sites permitted under the

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1 Environmental Protection Act, provided that the only
2 refueling at the sites is limited to off-road vehicles and
3 equipment used at and for the operation of the sites:
4 (i) waste disposal sites;
5 (ii) sanitary landfills; and
6 (iii) municipal solid waste landfill units.
7 (2) (a) The Office of the State Fire Marshal shall adopt
8rules and regulations regarding underground storage tanks and
9associated piping and no municipality or other political
10subdivision shall adopt or enforce any ordinances or
11regulations regarding such underground tanks and piping other
12than those which are identical to the rules and regulations of
13the Office of the State Fire Marshal. It is declared to be the
14law of this State, pursuant to paragraphs (h) and (i) of
15Section 6 of Article VII of the Illinois Constitution, that the
16establishment and enforcement of standards regarding
17underground storage tanks and associated piping within the
18jurisdiction of the Office of the State Fire Marshal is an
19exclusive State function which may not be exercised
20concurrently by a home rule unit except as expressly permitted
21in this Act.
22 (b) The Office of the State Fire Marshal may enter into
23written contracts with municipalities of over 500,000 in
24population to enforce the rules and regulations adopted under
25this subsection.
26 (3) (a) The Office of the State Fire Marshal shall have

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1authority over underground storage tanks which contain, have
2contained, or are designed to contain petroleum, hazardous
3substances and regulated substances as those terms are used in
4Subtitle I of the Hazardous and Solid Waste Amendments of 1984
5(P.L. 98-616), as amended by the Superfund Amendments and
6Reauthorization Act of 1986 (P.L. 99-499). The Office shall
7have the power with regard to underground storage tanks to
8require any person who tests, installs, repairs, replaces,
9relines, or removes any underground storage tank system
10containing, formerly containing, or which is designed to
11contain petroleum or other regulated substances, to obtain a
12permit to install, repair, replace, reline, or remove the
13particular tank system, and to pay a fee set by the Office for
14a permit to install, repair, replace, reline, upgrade, test, or
15remove any portion of an underground storage tank system. All
16persons who do repairs above grade level for themselves need
17not pay a fee or be certified. All fees received by the Office
18from certification and permits shall be deposited in the Fire
19Prevention Fund for the exclusive use of the Office in
20administering the Underground Storage Tank program.
21 (b) (i) Within 120 days after the promulgation of
22regulations or amendments thereto by the Administrator of the
23United States Environmental Protection Agency to implement
24Section 9003 of Subtitle I of the Hazardous and Solid Waste
25Amendments of 1984 (P.L. 98-616) of the Resource Conservation
26and Recovery Act of 1976 (P.L. 94-580), as amended, the Office

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1of the State Fire Marshal shall adopt regulations or amendments
2thereto which are identical in substance. The rulemaking
3provisions of Section 5-35 of the Illinois Administrative
4Procedure Act shall not apply to regulations or amendments
5thereto adopted pursuant to this subparagraph (i).
6 (ii) The Office of the State Fire Marshal may adopt
7additional regulations relating to an underground storage tank
8program that are not inconsistent with and at least as
9stringent as Section 9003 of Subtitle I of the Hazardous and
10Solid Waste Amendments of 1984 (P.L. 98-616) of the Resource
11Conservation and Recovery Act of 1976 (P.L. 94-580), as
12amended, or regulations adopted thereunder. Except as provided
13otherwise in subparagraph (i) of this paragraph (b), the Office
14of the State Fire Marshal shall not adopt regulations relating
15to corrective action at underground storage tanks. Regulations
16adopted pursuant to this subsection shall be adopted in
17accordance with the procedures for rulemaking in Section 5-35
18of the Illinois Administrative Procedure Act.
19 (c) The Office of the State Fire Marshal shall require any
20person, corporation or other entity who tests an underground
21tank or its piping or cathodic protection for another to report
22the results of such test to the Office.
23 (d) In accordance with constitutional limitations, the
24Office shall have authority to enter at all reasonable times
25upon any private or public property for the purpose of:
26 (i) Inspecting and investigating to ascertain possible

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1 violations of this Act, of regulations thereunder or of
2 permits or terms or conditions thereof; or
3 (ii) In accordance with the provisions of this Act,
4 taking whatever emergency action, that is necessary or
5 appropriate, to assure that the public health or safety is
6 not threatened whenever there is a release or a substantial
7 threat of a release of petroleum or a regulated substance
8 from an underground storage tank.
9 (e) The Office of the State Fire Marshal may issue an
10Administrative Order to any person who it reasonably believes
11has violated the rules and regulations governing underground
12storage tanks, including the installation, repair, leak
13detection, cathodic protection tank testing, removal or
14release notification. Such an order shall be served by
15registered or certified mail or in person. Any person served
16with such an order may appeal such order by submitting in
17writing any such appeal to the Office within 10 days of the
18date of receipt of such order. The Office shall conduct an
19administrative hearing governed by the Illinois Administrative
20Procedure Act and enter an order to sustain, modify or revoke
21such order. Any appeal from such order shall be to the circuit
22court of the county in which the violation took place and shall
23be governed by the Administrative Review Law.
24 (f) The Office of the State Fire Marshal shall not require
25the removal of an underground tank system taken out of
26operation before January 2, 1974, except in the case in which

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1the office of the State Fire Marshal has determined that a
2release from the underground tank system poses a current or
3potential threat to human health and the environment. In that
4case, and upon receipt of an Order from the Office of the State
5Fire Marshal, the owner or operator of the nonoperational
6underground tank system shall assess the excavation zone and
7close the system in accordance with regulations promulgated by
8the Office of the State Fire Marshal.
9 (4) (a) The Office of the State Fire Marshal shall adopt
10rules and regulations regarding aboveground storage tanks and
11associated piping and no municipality or other political
12subdivision shall adopt or enforce any ordinances or
13regulations regarding such aboveground tanks and piping other
14than those which are identical to the rules and regulations of
15the Office of the State Fire Marshal unless, in the interest of
16fire safety, the Office of the State Fire Marshal delegates
17such authority to municipalities, political subdivisions or
18home rule units. It is declared to be the law of this State,
19pursuant to paragraphs (h) and (i) of Section 6 of Article VII
20of the Illinois Constitution, that the establishment of
21standards regarding aboveground storage tanks and associated
22piping within the jurisdiction of the Office of the State Fire
23Marshal is an exclusive State function which may not be
24exercised concurrently by a home rule unit except as expressly
25permitted in this Act.
26 (b) The Office of the State Fire Marshal shall enforce its

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1rules and regulations concerning aboveground storage tanks and
2associated piping; however, municipalities may enforce any of
3their zoning ordinances or zoning regulations regarding
4aboveground tanks. The Office of the State Fire Marshal may
5issue an administrative order to any owner of an aboveground
6storage tank and associated piping it reasonably believes to be
7in violation of such rules and regulations to remedy or remove
8any such violation. Such an order shall be served by registered
9or certified mail or in person. Any person served with such an
10order may appeal such order by submitting in writing any such
11appeal to the Office within 10 days of the date of receipt of
12such order. The Office shall conduct an administrative hearing
13governed by the Illinois Administrative Procedure Act and enter
14an order to sustain, modify or revoke such order. Any appeal
15from such order shall be to the circuit court of the county in
16which the violation took place and shall be governed by the
17Administrative Review Law.
18(Source: P.A. 95-331, eff. 8-21-07.)
19 Section 99. Effective date. This Act takes effect upon
20becoming law.
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