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<br /> 1310 ' 1311 STATE FIftE MAftSHAL 1271/s 11154 �
<br />�iew Law,� �d 164. Office of 3tate Fire Marehsl to make and adopt son, corporation or other entity who installs, repairs, re-
<br /> and"the rnleB rules and regulatione—Permits allowing eelf places or removes any underground storage tank contain-
<br /> and govern su service dispeneing of motor fuelo--Underground ing, formerly containing, or which is designed to contain
<br /> administrative ���� petroleum or other regulated substancea to register such
<br /> ers hereunder. § 2. (lxa) The jurisdiction of the Office of the State ���tY and obtain a permit to inatall, repair, replace or
<br />�d as in Secbon F�re Marahal under this Act shall be concurrent with that semove the particular tanks and pay an annual registra-
<br /> of municipalities and other political aubdiviaions. The tion fee of$100 per year,and$100 per site for a permit to
<br /> Office of the State FSre Marahal hsa power to prnmnlgate, �8�11, repair, replace or remove any tank or tanka. Any
<br /> to prevent the p�uant to the Illinois Adminiatrative Procedure Act,l Pers6n who repairs a tank or piping for themselvea shall
<br /> ig without pay �onable rules and regnlationa governing the keeping, obtain a permit,but need not pay a fee. All fees received
<br /> not more thsa � B��ge������n,sale or use of gasoline and volatile bY the Office from registration and inspectioa shall be
<br /> ziting of auch oils, including rulea requiring that underground storage deposited in the �re Prevention Flmd for the exclusive
<br />,aP�8�t0�e tank repair contractors file a certificate of insurance with �e of the Office in administering the Underground Stor-
<br /> the auspenaion age Tank ro m.
<br /> nd upon such the State FSre Marshsl, snd rules governing the diaman- P �
<br /> he chief of the ��B of abandoned bulk storage planta. (bx� Within 120 days after the pmmulgation of regula-
<br /> (b) The rulemalring power ehall include the power to tions or amendmenffi thereto by the Administrg►tor of the
<br />�that the man p�mulgate rulea pmviding for the iasuance and revoca- United States Environmental Protection Agency to imple-
<br />�y suspend the �on of permita allowing the self service diapensing of inent Section 9005 of Subtitle I of the Hazardous and Solid
<br /> than 30 days, motor fuels as such term is defined in the "Motor �el w���endments of 1984(P.L.98-616)of the Resource
<br />:ta presented. Tax Act"Z in retail service stations or any other place of Conserration and R,ecovery Act of 1976 (P.L. 9b-580), as
<br /> and amended � busineas where motor fuels are diapenaed into the fuel amended,4 the Office of the State FSre Marahal shall adopt
<br /> ug. 30, 1988, tanks of motor vehicles, internal combuation enginea or re8�lations or amendmenta thereto which are identical in
<br /> portable conffiiners. Such rules shall apecify the require substance. The rulemalong provisiona of Section 6 of The
<br /> ! ments that muat be met both prior and subaequent to the Illinois Administrative Procedure Act ahall not apply to ! �
<br /> � issuance of such permits in order to insure the safety and �8ulationa or amendmenffi thereto adopte8 purauant to �
<br /> welfare of the general public. The operation of such � eubparagraph(�. �
<br /> eaembly comb;n_ service atationa without a permit ahall be unlawful. The (ii) The Office of the Sffite Fire Marahal may adopt
<br />��A,�_ a O�ce of the State F�re Marahal ahail revoke auch permit additiona] regulationa relating to an underground storage
<br /> i P.A. 85-1014. ' if the self service operation of such a service station is tank program that are not inconsiatent with and at least as
<br /> found to pose a significant riak to the safety and welfare stringent as Section 9003 of Subtitle I of the Hazardoua � '
<br /> of the general public. and Solid Waste Amendments of 1984(P.L.98-616)of the f �
<br /> (c) However, except in any county with a population of Resource Conservation and R,ecovery Act of 1976 (P_L � ,
<br /> lepartment is 1 ppp Op0 or more, the O�ce of the State Fyre Marahal 94-b80), as amended, or regulations adopted thereunder.
<br />�ed, seniority ahall�not have the authority to prohbit the operation of a ��Pt as provided otherwise in subparagraph (� of this �
<br /> so reduced in service station solely on the basis that it is an unattended P�B�Ph (b), the Office of the State FSre Marshal ahall
<br />�e department self-service atation which utilizes key or card operated not adopt regulations relating to corrective action at un-
<br /> self-service motor fuel diapenaing devices. Nothmg in this derground storage tanks. R,egulations adopted purauant
<br /> because of a P�B�Ph shall pmhibit the Office of the State Fire Ddar- �� $ubaection ahall be adopted in accordance w�th the
<br /> shal from adopting reasonable niles and regulations gov- p�� for rulemaking in Secttion 5 of The Illinois
<br /> Gtion of posi- e�g �e safety of self-service motor fuel dispenaing A���tive Procedure Ac�t.b
<br />:ra of the fire de�� (in7 The Office of the State�re Marshal shall notify the
<br /> tions shall be
<br /> uch reinstate- (2) T1�e Office of the State Ftire Marshal shall adopt Pollution Control Board within 60 days of the adoption of
<br /> to such posi- � rulea and regulations regarding underground storage any rules and regulations governing underground.atorage
<br /> eniority shall ���d�5���Piping and,except in municipalitiea of tanlca•
<br /> ated position over 500,000 in population, no municipality or other politi- (c) The Office of the State Fyre Marshal shall require
<br /> i�� �0 �y8 , cal subdivision ahall adopt or enforce any ordinancea or �y person, corporation or other entity who teats an un-
<br /> i peraon may i i'eBulations regarding such underground tanks and piping derground tank or its piping or cathodic protection for
<br /> sicians of the ; other than those which are identical to the rules and another, except a lessor for his or her leasee, to register
<br /> his physical � �8�ations of the Office of the State FSre Marshal. It is �� �e Office, and pay an annual regiatration fee of
<br /> declared to be the iaw of this State, purauant to para- $ipp, � � deposited in the FSre Prevention F�nd, and
<br /> graphs(h)and(i)of Section 6 of Article VII of the IIlinois �port the results of such test to the Office.
<br />�nd amended � Constitution, that the eatablishment of atandards regard- (d) In accordance with constitutional]imitations,the Of-
<br />,g. 3q 1988. ; ing underground atorage tanks and asaociated piping with- �� Bhall have suthority to enter at all reasonable tunes
<br />�embly combin- � � �e jurisdiction of the Office of the State FSre Marshal upon any private or public property for the purpose of:
<br />;���. ia an exclusive State function which may not be exercised �i) Inspecting and inveatigating to ascertain posa3le vio-
<br /> P.A. 85-1014. concurrently by a home rule unit except as expresaly �hons of this Act,of regulations thereunder or of permits
<br /> ` permitted in thia Act
<br /> � (Sxa) The Of�ce of the State FSre Marahal ahall have or terma or conditions thereof; or
<br /> I suthority over underground atorage tanks which contain, (ri) In accordance with the provisiona of this Act,taldng
<br /> ' have containec�, or are designed to contain petroleum, whatever emergency action,that is necessary or appropri-
<br /> ion, sale and 1 hazardous subatances and regulated substances as those a�� � �sure that the public health or safety ia not
<br /> gulated sua terms are used in Subtitle I of the Hazardous and Solid �8�ned whenever there is a release or a substantial
<br /> 28,1919,eff. Waste Amendments of 1984(P.L.98-616), as amended by �at of a release of petroleum or a regulated substance
<br />�--1324, § 3, the Superfund Amendmenta and R.esuthorization Act of �m an underground atorage tank.
<br />.A. 8r1325, 1986(P.L.99-499).s The Office shall have the power with (e) The Office of the Stste Fire Marshal may isaue an
<br /> regard to underground storage tanka to require any per- Adminiatrative Order to any peraon who it reasonably
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