2023 Illinois Compiled Statutes › Chapter 430 - PUBLIC SAFETY › 430 ILCS 15/ - Gasoline Storage Act.

(430 ILCS 15/0.01) (from Ch. 127 1/2, par. 152.9)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Gasoline Storage Act.
(Source: P.A. 86-1324.)
(430 ILCS 15/1) (from Ch. 127 1/2, par. 153)
Sec. 1. 
		
		It shall be unlawful for any person, firm, association or
corporation to keep, store, transport, sell or use any crude petroleum,
benzine, benzol, gasoline, naphtha, ether or other like volatile
combustibles, or other compounds, in such manner or under such circumstances
as will jeopardize life or property.
(Source: Laws 1919, p. 692.)
(430 ILCS 15/2) (from Ch. 127 1/2, par. 154)
Sec. 2. Jurisdiction; regulation of tanks.
(1)(a) Except as otherwise provided in this Act, the jurisdiction of the
Office of the State Fire Marshal under this Act shall be concurrent with that
of municipalities and other political subdivisions.  The Office of the State
Fire Marshal has power to promulgate, pursuant to the Illinois Administrative
Procedure Act, reasonable rules and regulations governing the keeping, storage,
transportation, sale or use of gasoline and volatile oils.  Nothing in this Act
shall relieve any person,
corporation, or other entity from complying with any zoning ordinance of a
municipality or home rule unit enacted pursuant to
Section 11-13-1 of the Illinois Municipal Code or any ordinance enacted
pursuant to Section 11-8-4 of the Illinois Municipal Code.
(b) The rulemaking power shall include the power to promulgate rules
providing for the issuance and revocation of permits allowing the self
service dispensing of motor fuels as such term is defined in the Motor
Fuel Tax Law in retail service stations or any other place of business
where motor fuels are dispensed into the fuel tanks of motor vehicles,
internal combustion engines or portable containers.  Such rules shall
specify the requirements that must be met both prior and subsequent to the
issuance of such permits in order to insure the safety and welfare of the
general public.  The operation of such service stations without a permit
shall be unlawful.  The Office of the State Fire Marshal shall revoke such
permit if the self service operation of such a service station is found to
pose a significant risk to the safety and welfare of the general public.
(c) However, except in any county with a population of 1,000,000 or
more, the Office of the State Fire Marshal shall not have the
authority to prohibit the operation of a service station solely on the
basis that it is an unattended self-service station which utilizes key or
card operated self-service motor fuel dispensing devices.  Nothing
in this paragraph shall prohibit the Office of the State Fire Marshal from
adopting reasonable rules and regulations governing the safety of
self-service motor fuel dispensing devices.
(d) The State Fire Marshal shall not prohibit 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.  The
State Fire Marshal shall adopt rules (i) for the issuance of permits for the
dispensing of motor vehicle fuels in the manner described in this paragraph
(d), (ii) that establish fees for permits and inspections, and provide
for those fees to be deposited into the Fire Prevention Fund,
(iii) that require the dispensing of motor fuel in the manner described
in this paragraph (d) to meet conditions consistent with nationally recognized
standards such as those of the National Fire Protection Association, and (iv)
that restrict the dispensing of motor vehicle fuels in the manner described in
this paragraph (d) to the following:
(A) agriculture sites for agricultural purposes;
(B) construction sites for refueling construction     equipment used at the construction site;
(C) sites used for the parking, operation, or     maintenance of a commercial vehicle fleet, but only if the site is located in a county with 3,000,000 or more inhabitants or a county contiguous to a county with 3,000,000 or more inhabitants and the site is not normally accessible to the public;
(D) sites used for the refueling of police, fire, or     emergency medical services vehicles or other vehicles that are owned, leased, or operated by (or operated under contract with) the State, a unit of local government, or a school district, or any agency of the State and that are not normally accessible to the public; and
(E) any of the following sites permitted under the     Environmental Protection Act, provided that the only refueling at the sites is limited to off-road vehicles and equipment used at and for the operation of the sites:
(i) waste disposal sites;
(ii) sanitary landfills; and
(iii) municipal solid waste landfill units.
(2)(a) The Office of the State Fire Marshal shall adopt rules and
regulations regarding underground storage tanks and associated piping and
no municipality or other political subdivision shall adopt or enforce any
ordinances or regulations regarding such underground tanks and piping other
than those which are identical to the rules and regulations of the Office
of the State Fire Marshal.  It is declared to be the law of this State,
pursuant to paragraphs (h) and (i) of Section 6 of Article VII of the
Illinois Constitution, that the establishment and enforcement of standards
regarding underground storage tanks and associated piping within the
jurisdiction of the Office of the State Fire Marshal is an exclusive State
function which may not be exercised concurrently by a home rule unit except as
expressly permitted in this Act.
(b) The Office of the State Fire Marshal may enter into written contracts
with municipalities of over 500,000 in population to enforce the rules and
regulations adopted under this subsection.
(3)(a) The Office of the State Fire Marshal shall have authority over
underground storage tanks which contain, have contained, or are designed to
contain petroleum, hazardous substances and regulated substances as those
terms are used in Subtitle I of the Hazardous and Solid Waste Amendments of
1984 (P.L. 98-616), as amended by the Superfund Amendments and
Reauthorization Act of 1986 (P.L. 99-499).  The Office shall have the
power with regard to underground storage tanks to require any person who
tests, installs, repairs, replaces, relines, or removes any underground storage
tank system containing, formerly containing, or which is designed to contain
petroleum or other regulated substances, to obtain a permit to install, repair,
replace, reline, or remove the particular tank system, and to pay a fee set by
the Office for a permit to install, repair, replace, reline, upgrade, test, or
remove any portion of an underground storage tank system.  All persons who do
repairs above grade level for themselves need not pay a fee or be certified.
All fees received by the Office from certification and permits shall be
deposited in the Fire Prevention Fund for the exclusive use of the Office in
administering the Underground Storage Tank program.
(b)(i) Within 120 days after the promulgation of regulations
or amendments thereto by the Administrator of the United States Environmental
Protection Agency to implement Section 9003 of Subtitle I of the Hazardous and
Solid Waste Amendments of 1984 (P.L. 98-616) of the Resource Conservation and
Recovery Act of 1976 (P.L. 94-580), as amended, the Office of
the State Fire Marshal shall adopt regulations or amendments thereto which
are identical in substance. The rulemaking provisions of Section 5-35 of the
Illinois Administrative Procedure Act shall not apply to regulations or
amendments thereto adopted pursuant to this subparagraph (i).
(ii) The Office of the State Fire Marshal may adopt additional
regulations relating to an underground storage tank program that are not
inconsistent with and at least as stringent as Section 9003 of Subtitle I
of the Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616) of the
Resource Conservation and Recovery Act of 1976 (P.L. 94-580), as amended,
or regulations adopted thereunder. Except as provided otherwise in
subparagraph (i) of this paragraph (b), the Office of the State Fire
Marshal shall not adopt regulations relating to corrective action at
underground storage tanks.  Regulations adopted pursuant to this subsection
shall be adopted in accordance with the procedures for rulemaking in
Section 5-35 of the Illinois Administrative Procedure Act.
(c) The Office of the State Fire Marshal shall require any person,
corporation or other entity who tests an underground tank or its piping or
cathodic protection for another to report the results of such test to the
Office.
(d) In accordance with constitutional limitations, the Office shall have
authority to enter at all reasonable times upon any private or public
property for the purpose of:
(i) Inspecting and investigating to ascertain     possible violations of this Act, of regulations thereunder or of permits or terms or conditions thereof; or
(ii) In accordance with the provisions of this Act,     taking whatever emergency action, that is necessary or appropriate, to assure that the public health or safety is not threatened whenever there is a release or a substantial threat of a release of petroleum or a regulated substance from an underground storage tank.
(e) The Office of the State Fire Marshal may issue an Administrative Order
to any person who it reasonably believes has violated the rules and regulations
governing underground storage tanks, including the installation, repair,
leak detection, cathodic protection tank testing, removal or release
notification.  Such an order shall be served by registered or certified
mail or in person.  Any person served with such an order may appeal such
order by submitting in writing any such appeal to the Office within
10 days of the date of receipt of such order.  The Office shall conduct an
administrative hearing governed by the Illinois Administrative Procedure
Act and enter an order to sustain, modify or revoke such order. Any appeal
from such order shall be to the circuit court of the county in which the
violation took place and shall be governed by the Administrative Review Law.
(f) The Office of the State Fire Marshal shall not require the removal
of an underground tank system taken out of operation before January 2,
1974, except in the case in which the office of the State Fire Marshal has
determined that a release from the underground tank system poses a current
or potential threat to human health and the environment.  In that case, and
upon receipt of an Order from the Office of the State Fire Marshal, the
owner or operator of the nonoperational underground tank system shall
assess the excavation zone and close the system in accordance with
regulations promulgated by the Office of the State Fire Marshal.
(4)(a) The Office of the State Fire Marshal shall adopt rules and
regulations regarding aboveground storage tanks and associated piping and
no municipality or other political subdivision shall adopt or enforce any
ordinances or regulations regarding such aboveground tanks and piping other
than those which are identical to the rules and regulations of the Office
of the State Fire Marshal unless, in the interest of fire safety, the
Office of the State Fire Marshal delegates such authority to municipalities,
political subdivisions or home rule units. A facility used for: (i) agricultural purposes at an agricultural site; (ii) refueling construction equipment at a construction site; or (iii) parking, operating, or maintaining a commercial vehicle fleet, may store an aggregate total of 12,000 gallons of fuel for dispensing in aboveground storage tanks, as long as the facility complies with all other requirements of the rules of the Office of the State Fire Marshal.  It is declared to be the law of
this State, pursuant to paragraphs (h) and (i) of Section 6 of Article VII
of the Illinois Constitution, that the establishment of standards regarding
aboveground storage tanks and associated piping within the jurisdiction of
the Office of the State Fire Marshal is an exclusive State function which
may not be exercised concurrently by a home rule unit except as expressly
permitted in this Act.
(b) The Office of the State Fire Marshal shall enforce its rules
and regulations concerning aboveground storage tanks and associated piping;
however, municipalities may enforce any of their zoning ordinances or zoning
regulations regarding aboveground tanks.
The Office of the State Fire Marshal may issue an administrative order to
any owner of an aboveground storage tank and associated piping it
reasonably believes to be in violation of such rules and regulations to
remedy or remove any such violation.  Such an order shall be served by
registered or certified mail or in person.  Any person served with such an
order may appeal such order by submitting in writing any such appeal to
the Office within 10 days of the date of receipt of such order.  The Office
shall conduct an administrative hearing governed by the Illinois
Administrative Procedure Act and enter an order to sustain, modify or
revoke such order.  Any appeal from such order shall be to the circuit
court of the county in which the violation took place and shall be governed
by the Administrative Review Law.
(Source: P.A. 100-299, eff. 8-24-17; 100-637, eff. 7-27-18.)
(430 ILCS 15/3.5)
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.
(Source: P.A. 90-662, eff. 7-30-98.)
(430 ILCS 15/4) (from Ch. 127 1/2, par. 156)
Sec. 4. 
		Underground Storage Tank Program; administration.
(a) In cooperation with the Illinois Environmental Protection Agency, the
Office of the State Fire Marshal shall administer the Illinois Underground
Storage Tank Program in accordance with this Section and Section 22.12 of the
Environmental Protection Act.
(b) (1)(A) The owner of an underground storage tank that was not taken out
of operation before January 2, 1974, and that at any time between January 1,
1974, and September 24, 1987, contained petroleum or petroleum products or
hazardous substances, with the exception of hazardous wastes, shall register
the tank with the Office of the State Fire Marshal. No underground storage
tank taken out of operation before January 2, 1974, may be registered under
this Act.  No underground storage tank otherwise required to be registered
under this subparagraph (A) may be registered under this Act if that tank was
removed before September 24, 1987.
(B) The owner of a heating oil underground storage tank having a
capacity of greater than 1100 gallons that was not taken out of operation
before January 2, 1974, and that at any time between January 1, 1974, and July
11, 1990, contained heating oil shall register the tank with the Office of the
State Fire Marshal. No heating oil underground storage tank taken out of
operation before January 2, 1974, may be registered under this Act.  No heating
oil underground storage tank otherwise required to be registered under this
subparagraph (B) may be registered under this Act if that tank was removed
before July 11, 1990.
(C) The owner of a heating oil underground storage tank having a capacity of
1,100 gallons or less that was not taken out of operation before January 2,
1974, and that any time between January 1, 1974, and September 6, 1991,
contained heating oil shall register the tank with the Office of State Fire
Marshal.  No heating oil underground storage tank taken out of operation before
January 2, 1974, may be registered under this Act.  No heating oil underground
storage tank otherwise required to be registered under this subparagraph (C)
may be registered under this Act if that tank was removed before September 6,
1991.
(D) "Operation", as used in this subsection (b), means that the tank
must have had input or output of petroleum, petroleum products, or hazardous
substances, with the exception of hazardous wastes, during the regular course
of its usage. "Operation" does not include (i) compliance with leak detection
requirements as prescribed by rules and regulations of the Office of State Fire
Marshal or (ii) the mere containment or storage of petroleum, petroleum
products, or hazardous substances, with the exception of hazardous wastes.
(2) The owner of an underground storage tank who registered the tank with
the Office of the State Fire Marshal under Section 4 of the State Fire Marshal
Act prior to September 24, 1987 shall be deemed to have registered the tank
under paragraph (1).
(3)(A) Each person required to register an underground storage tank, other
than a heating oil underground storage tank, under paragraph (1) shall pay the
Office of the State Fire Marshal a registration fee of $500 for each tank
registered, to be deposited in the Underground Storage Tank Fund.
(B) Each person required to register a heating oil underground storage tank
shall pay to the Office of the State Fire Marshal a registration fee of $100
for each tank registered before July 2, 1992, and $500 for each tank registered
after July 1, 1992, to be deposited into the Underground Storage Tank Fund.
(C) No registration fee shall be due under this paragraph (3) for
underground storage tanks deemed registered pursuant to paragraph (2).
(4) The Office of the State Fire Marshal shall establish procedures relating
to the collection of the fees authorized by this subsection.  Such procedures
shall include, but need not be limited to, the time and manner of payment to
the Office of the State Fire Marshal.
(5) The State Fire Marshal is authorized to enter into such contracts and
agreements as may be necessary, and as expeditiously as necessary, to carry out
the Office of the State Fire Marshal's duties under this subsection.
(6)(A) The owner of an underground storage tank, other than a heating oil
underground storage tank, which is installed or replaced after September 24,
1987, and which contained, contains or may contain petroleum or petroleum
products or hazardous substances, with the exception of hazardous wastes, shall
register the tank with the Office of the State Fire Marshal prior to the
installation or replacement.
(B) The owner of a heating oil underground storage tank installed or
replaced after July 11, 1990, and which contained or may contain heating oil
shall register the tank with the Office of the State Fire Marshal before the
installation or replacement.
(7) Any person required to register an underground storage tank under
paragraph (1) or paragraph (6) of this subsection shall register the tank on
forms provided by the Office of the State Fire Marshal.
(c) Except as otherwise provided in subsection (d), a person who is the
owner of an underground storage tank containing petroleum or petroleum products
or hazardous substances, except hazardous waste, registered under subsection
(b) shall notify the Office of the State Fire Marshal of any change in the
information required under this Section or of the removal of an underground
storage tank from service.
(d) A person who is the owner of an underground storage tank containing
petroleum or petroleum products or hazardous substances, except hazardous
waste, the contents of which are changed routinely, shall indicate all the
materials which are stored in the tank on the registration form.  A person
providing the information described in this subsection is not required to
notify the Office of the State Fire Marshal of changes in the contents of the
tank unless the material to be stored in the tank differs from the information
provided on the registration form.
(e) For purposes of this Act:
The terms "petroleum" and "underground
storage tank" shall have the meanings ascribed to them in Subtitle I of the
Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616) of the Resource
Conservation and Recovery Act of 1976 (P.L. 94-580), except that "underground
storage tank" shall include heating oil underground storage tanks; however no
release detection shall be required of heating oil tanks, in existence as of
July 11, 1990, prior to December 22, 1998.  The Office of the State Fire
Marshal shall have the authority to determine the criteria for classification
of an underground storage tank as being either a petroleum underground storage
tank or a hazardous substance underground storage tank.
When used in connection with, or when otherwise relating to underground
storage tanks, the terms "operator", "owner", and "facility" shall have the
meanings ascribed to them in Subtitle I of the Hazardous and Solid Waste
Amendments of 1984 (P.L. 98-616) of the Resource Conservation and Recovery Act
of 1976 (P.L. 94-580).
"Bodily injury" means bodily injury, sickness, or disease sustained by a
person, including death at any time, resulting from a release of petroleum from
an underground storage tank.
"Property damage" means physical injury to, destruction of, or contamination
of tangible property, including all resulting loss of use of that property; or
loss of use of tangible property that is not physically injured, destroyed, or
contaminated, but has been evacuated, withdrawn from use, or rendered
inaccessible because of an occurrence.
"Occurrence" means an accident, including continuous or repeated exposure to
conditions, which results in a release of petroleum into the environment from
an underground storage tank.
"Heating oil" means petroleum that is No. 1, No. 2, No. 4 light, No.
4 heavy, No. 5 light, No. 5 heavy, or No. 6 technical grades of fuel oil;
or other residual fuel oils including Navy Special Fuel Oil and Bunker C.
"Heating oil underground storage tank" means an underground storage
tank serving other than farms or residential units that is used exclusively
to store heating oil for consumptive use on the premises where stored.
(Source: P.A. 87-323; 87-1088; 88-496.)
(430 ILCS 15/5) (from Ch. 127 1/2, par. 157)
Sec. 5. 
		
		(a) Monies in the Underground Storage Tank
Fund, pursuant to appropriation, may be used by the
Office of the State Fire Marshal for the purposes set forth in Section
22.13 of the Environmental Protection Act, and the Office of the State
Fire Marshal may withdraw expenses from the fund to finance the operation,
maintenance and collection of the fund.
(b) The State Fire Marshal is authorized to enter into such contracts
and agreements as may be necessary, and as expeditiously as necessary, to
carry out the Office of the State Fire Marshal's duties under this Section.
(Source: P.A. 86-125.)
(430 ILCS 15/6) (from Ch. 127 1/2, par. 158)
Sec. 6. 
		
		(a) If necessary or appropriate to assure that the public
health or safety is not threatened, the Office of State Fire Marshal shall
have authority to:
(1)(A) provide notice to the owner or operator, or both, of an
underground storage tank whenever there is a release or substantial threat
of a release of petroleum or regulated substances from such tank.  Such
notice shall include the identified emergency action and an opportunity for
the owner or operator, or both, to perform the emergency action; or
(B) undertake emergency action whenever there is a release or
substantial threat of a release of petroleum or regulated substances from
an underground storage tank.
(2) If notice has been provided under clause (A) of paragraph (1) of
this subsection, the Office shall have the authority to require the owner
or operator, or both, of an underground storage tank to undertake emergency
action whenever there is a release or substantial threat of a release of
petroleum or regulated substances from such tank.
(3) The emergency action undertaken or required under this Section shall
be such as may be necessary or appropriate to assure that the public health
or safety is not threatened.
(b) In accordance with constitutional limitations, the Office shall have
authority to enter at all reasonable times upon any private or public
property for the purpose of taking emergency action whenever there is a
release or substantial threat of a release of petroleum or regulated
substances from an underground storage tank.
(c) The Office shall require emergency action under paragraph (2) of
subsection (a) through issuance of an Administrative Order.  Such an order
shall be served by registered or certified mail or in person and may order
emergency action.  Any person served with such an order may appeal such
order by submitting in writing any such appeal to the Office within
10 days of the date of receipt of such order.  The Office
shall conduct an administrative hearing governed by The Illinois
Administrative Procedure Act and enter an order to sustain,
modify or revoke such order.
Any appeal from such order shall be to the circuit court of the county in
which the violation took place and shall be governed by the Administrative
Review Law.
(d) Neither the State, the State Fire Marshal, nor any State employee
shall be liable for any damages or injury arising out of or resulting from
any action taken under Section 6.
(Source: P.A. 85-1325.)
(430 ILCS 15/6.1) (from Ch. 127 1/2, par. 158.1)
Sec. 6.1. 
		Financial responsibility.
(a) Each owner or operator shall establish and maintain
evidence of financial responsibility, as provided in this Section, for
taking corrective action and compensating third parties for bodily injury
and property damage.
(b) Each owner or operator shall maintain financial responsibility at
the following minimum amounts:
(1) $10,000 per occurrence for corrective action;
(2) $10,000 per occurrence for bodily injury and     property damage to third parties.
(c) Each owner or operator shall establish and maintain evidence of
financial responsibility by any combination of the following:
(1) commercial or private insurance, including risk     retention groups;
(2) qualification as a self insurer; or
(3) guarantee, surety bond, letter of credit,     certificate of deposit, or designated savings account.
To qualify as a self insurer under this Section, the owner or
operator must demonstrate net worth equal to or in excess of 10 times the
amount specified in subsection (b) of this Section.
(d) The establishment and enforcement of standards for the financial
responsibility of the owners and operators of underground storage tanks and
associated piping are exclusive powers and functions of the State.  A home
rule unit may not regulate or establish standards for the financial
responsibility of the owners and operators of underground storage tanks.
This Section is a denial and limitation of home rule powers and functions
under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 87-323.)
(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) (blank);
(3) Section 4 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) (Blank).
(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. 92-618, eff. 7-11-02.)