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<br /> � 127'/� 11154 STATE FIRE MAftSHAL 1312
<br /> believes has violated the rules and regulations governing progi'am in acc�Tdance with th�s 3ection and Section 22.12 �
<br /> underground atorage tanka, including tKe inatallation, re- of the Environmental Protection Actl j
<br /> pair, leak detection, cathodic protection tan1� teatu►B� re' (bxl) The owner of an underground storage tank,which
<br /> moval or release notification. Such an order ahall be at�y hme between January 1, 1974, and September 24,
<br /> served by registered or certified mail°r u► Person. `�y ' 1987 contained petroleum or petroleum products or t►a�
<br /> � person served with such an order may appeal such order �ous subatances, with the exception of hazardous
<br /> by submitting in wrilan8 anY euch aFPea1 � �►e Office W��s,shall regiater the tank with the Office of the State
<br /> �. within 10 days of the date of receipt of such order. The �e Marahal.
<br /> Office shall conduct an adnunistrative heuwB B°��°� (2) The owner of an underground storage tank who
<br /> by The Illinoia Adminiatrative Procedure Act and enter an re��� �e � �� �e Office of the State �e�e
<br /> order to sustain,modity or revoke such order. My appeal M�hal under Section 4 of"An Act relating to the State
<br /> from such order shall be to tlie circuit court of the county ����p��aPp�ved July 21, 1977,as amended,z prior
<br /> a in which the violation took place and ahall be governed by ��P�mber 24, 1987 shall be deemed to have registered '
<br /> � the Adminiatrative R.eview Law.s the tank under paragraph(1). _
<br /> �. (4xa) The Office of the State �re Marehal shall adopt �3) Each person required to reBiater an underground
<br /> rules and regulationa regardinB aboveground storage a��ge tank under paragraph (1) shall pay the Office of
<br /> tanks and associated piping,and except in municipalitiea of �e,S�� ����]a���tion fee of$500 for each
<br /> over 500,000 in population, no muniapality or other politi- �k re�$�� ��de�81���e Underground Stor
<br /> ,> cal subdivision ahall adopt or enforce any ordin8nces�r age Tank F�nd. No registration fee shall be due under
<br /> regulations regardinB such aboveground tanks and PiP 8 �ls��ph(3)for underground atorage tanks deemed
<br /> other than those which are identical to the rules and ����p��nt�pa�graph (2).
<br /> �.; regulations of the Office of the State�re Marshal. It� 4 �e Office of the State�re Marshal shall establiah
<br /> declared to be the law of this State, ptu�suant to para- ( )
<br /> graphs(h)and(i)of Sectio�n 6 of Article VII of the Illino�s procedurea relatu►g to the collection of the fees suthorized
<br /> ' Constitution, that the establishment of standards reBard- bY t1►►a subaection. Such procedures ahall include, but
<br /> r,_ with- need not be limited to,the time and manner of payment to
<br /> ing aboveground storage tanks and asaoaated P�P�B
<br /> in the jurisdiction of the Office of the State FSre Marahal tt►e Office of the State Fyre Maraha.l.
<br /> is an exclusive State function which may not be exercised (5) The State Fyre Marshal is antharized to enter into
<br /> � concurrently by a home rule unit except as expresslY such contracts and agreements as may be necessary, and
<br /> ��i���A�, as expeditiously as necessary, to carry out the Office of
<br /> ;?� (b) The Office of the State �re Marshal shall enforce the State �re Maralial's dutiea under this subsection.
<br /> the rules and regulations conceming aboveground atorage (g) �e owner of an underground storage tank which ia i
<br /> tanks and asaociated pipinS• Tt►e Office of the State flre ����or replaced after SePte�r►ber 24, 198'!, and which
<br /> �, ` Marshal may issue an administrative order to any owner contained,contains or may contain petroleum or petroleum �
<br /> of an aboveground atorage tank and assceiated PiPinB it products or hazardoua subatancea, with the exception of i
<br /> "'" reasonably believes to be.in violation of such rules and haZardous was�, 81�11 register the tank with tt►e Office
<br /> regulations to remedy or remove any such violation. Such of the State Fire Marahal prior to the inatallation or i
<br /> an order shall be served by registered or certified mail or �pl�ment �
<br /> � in person. My person served with such an order may �7) �Y ��n �u� � ���r � nndergroand �
<br /> �'= appesl such order by submitting in wrilang anY such g��ge �nk under paragraph(1) or paragraph(6)of this y
<br /> appeal to the Office within 10 days of the date of receipt $ubsection ahall register the tanlc on forms provided by �
<br /> °;� of such order. The Office shall conduct an adminiatrative �e Office of the State Fyre MarshaL �
<br /> hearing govemed by The Illinois Administrative Procedure S
<br /> � Act and enter an order to sustain, modify or revoke such (c) Except as otherwise provided 'm snbsect�on (d), a f
<br /> =� order. Any appeal from such order shall be to the circuit peraon who is the owner of an underground storaBe tank �
<br /> court of the county in which the violation took place and containing petrolPeum or petroleum produ�����o� �
<br /> shall be govemed by the Administrative R.eview Law• g��onnro�Shall notify the Office of the S�tate FSre Marshal
<br /> = Amended by P.A. 8r1324, § 2, eff. Jan. 1, 1989; P•A• of any change in the information required under thia
<br /> ; 8r1325, § 3, eff. Aug. 31, 1988; P.A. 8r1440, Art. II, �hon or of the removal of an underground storage tank
<br /> § �53, eff. Feb. 1, 1989. from service.
<br /> i Chapter 127,�1001 et seq. (d) A person who is the owner of an underground stor
<br /> 2 Chapter 120,A 417 et aeq. age � �n��g petroleum or petroleum prodncts or
<br /> s�U.S.C.A.§ 699i et seq. ha�ardons subatances, except hazardous waste, the con-
<br /> ;,�Y 4 42 U.S.C.A.§ 6991b. tents of which are changed routinely,ahall indicate a11 the
<br /> 6 Chapter 127,9 1005. materials which are stored in the tank on the registration
<br /> s Chapter 110,tl 3-101 et seq. form. A person providinB t}►e information descn`bed 'u►
<br /> � wrrio�o II of P.A. 85-1440, en� second asce rx�� �b�r thia subsection is not required to notify the Office of the
<br /> Combining Revisory Act>resolvea mu�riple actions ana made ucbnicat S���Marahal of ehanges in the eontents of the tank
<br /> correccions in P.n. 85-�ois chrou�p.n.ss-taz7. unlesa the material to be stored in the tank differs from
<br /> Re 'atra- �'e information provided on the regiatsation form.
<br /> 156. Underground atorage tanks—ProBram— S� (e) For purposes of this Section:
<br /> < tion '
<br /> 4 § 4. (a) In cooperation with the IIlinois Environmenffi1 , (1) The terms "petroleum" and "underground storage
<br /> �- protection Agency, the Office of the State Fire Marshal tank"shall have the meanings ascribed to them in SubtiUe
<br /> shall administer the Illinois Underground Storage Tank I of the Hazardous and Solid Waste Amendmenta of 1984
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