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, <br /> • ' 131t 1313 STATE FIRE MARSHAL 1271/2 11 159 �I <br /> ction and (P.L. 98-616) of the Resource Conaervation and Recovery whenever there is a release or aubstantial threat of a �I <br />.�1 �On 22.12 pct of 1976(P.L. 94-580), as amended.a releaae of petroleum or regulated subaffincea from such <br />,ld$to� e (2) When uaed in connection wit1S, or when otherwise tank. <br /> 74 a�d�p��vLicb relating to underground storage tanks,.the terma own- (3) The emergency action undertaken or required under <br /> leum produ°��' ei'", "operator", and "facility" ahall have the meanings this Section shall be such as may be necessary or appmpri- <br />�ption of �r �' ae��d to them in Subtitle I of the Hazardoue and Solid a� � �8� �t the public health or safety ia not <br /> the Of�op� W���endments of 1984(P.L.98-616)of the Resource �a�n�. <br /> tat� �onaervation and R.ecovery Act of 1978 (P.L. 94-580), as ro� In accordance with oonstitutional limitstiona,the Of- <br />�d atorage t� amended. fice ahall have suthority to enter at all reseonable times <br /> ice of the g�� � Amended by P.A. Sb-1324, $ 2, eff. Jan. 1, 1989; P.A. upon any private or public pmperty for the purpose of <br /> t���g�� l�n g5-1325, � S, eff. Aug. 31, 1988; P.A. 8b-i440, Art. II, �bng emergencq action whenever there is a release or <br /> 77, as amend t �� � �� Feb. 1, 1989. subatantial threat of a release of petroleum or regulated <br />'ie�1 to have re�g'�� 1 ChaPter 111'/s,A 1022.12. aubstances from an underground storage tanlc. <br /> Z Paragraph 4 of tbis chapter. <br /> s 42 U.S.C.A.g 6901 et eeq. (c) The Office shall require emergency action under <br />'��r � undergr�� paragraph (2) of aubsection (a) through-issuance of an <br /> hall pay the pff�� p•a 8�laao.'�'ti'n'� Z-sa.'"dic`ce�b�'ref«m«e�e p"b�"'�`K Adminiatrative Order. Such an order shall be eerved by <br /> n fee of E500 for "'� ID°y b` '�10a � � �� �` �p�� ��t �� � re���d or certified mail or in peraon and may order <br />,he Undergronnd$q� 8���°ff°cud by mulciple u�ions in P.A. 85-1015 chroug6 P.A• emergency action. My person served with such an order <br /> ee ahall be due unda may appeal auch order by submitting in writing any auch <br />$t°raBe tanks deem� �b7. Underground storage tanka—Feee aPP�1 to the Office within 10 days of the date of rec:eipt <br />'�' � 5. (a) On and after January 1, 1988, and until and of such order. The Office shall conduct an adminiatrative <br /> Zaz'shal ehall eatabli� through December 81, 1991 the Office of the Stste FSre hearing governed by The Illinoia Adminiatrative Procedure <br /> � Act 1 and enter an order to�suatain,modify or revoke such <br /> of the fees suthoris� Marshal shall asseas and collect from each owner of an o��, ��,aP��m such order ahall be to the circuit <br /> res shall include, bat nnderground petroleum atorage tank an annual fee of ��of the county in which the violation took place and <br /> manner of paymeat� $100 for each such tank. The receipts from such feea 2 <br /> 1• shall be deposited in the Underground Storage Tank�nd. 8� be Boverned by the Administrative Review Law. <br /> t}►orized to enter imto (b) The O�ce of the State FSre Marshal ehall establiah (d) Neither the State, the State FSre Marshal, nor any <br /> nay be necessary,� procedures relating to the collection of the fees authorized State employee shall be liable for any damagea or injury <br /> irry out the Offioe ot by subaection(a). Such procedurea shall include,but need ��B out of or resulting from any action telcen under• <br /> nder thia subsectioa, not be limited to, the time and manner of paya►ent to the Section 6. <br /> storage tank which is Office of the State�re Marahal,which shall not be more Amended by P.A. 86-1325, § 3, eff. Aug. 81, 1988. <br />�r 24, 1987, and w1� often than annually. i Chapter 127,91001 et aeq. <br /> etroleum or petrole�p (c) Monies in auch fund,purauant to appropriation,may z�},apter 110,A 9-101 et seq. <br /> with the exception o� be used by the Office of the Sffite F�re Marshal for the <br />� tank with the OfSoe purposes set forth in Section 22.13 of the Ebvironmental 169. Violations <br /> A tt►e inatallation or Protection Act, and the Office of the State F�re Marahal ' <br /> may withdraw expenaes from the fund to finance the § 7. (a) A violation of: <br /> ster an undergronnd operation, maintenance and collection of the fund. �1� p��ph(a)or(b)of subsection(3)of Section 2 of <br /> paragraph(6)of thie (d) The State Fire Marshal is suthorized to enter into �Act i is a business offenae punishable by a fine of not <br /> in forms pmvided by such contracts and agreements as may be necessary, and more than$10,000 per day; <br /> L as expeditiously as necessary, to carry out the Of�ce of �2) paragraph(c)of subsection(3)of Section 2 is a petty <br /> in subsection (d), a the State Fire Marshal's duties under this Section. offenae puniahable by a fine of not lesa than $100 nor <br /> rground storage tanh Amended by P.A. 85-1325, § 3, eff. Aug. 31, 1988. �o��� $5pp per tank teated; <br /> iroducts or hazardona 1 Chapter 111'/s, 91022.13. (3) Sectiona 4 and 5 of this Act 2 is a businesa offense <br /> registered under an� unishable b a fine of not more than $10,000 per day; <br /> he State�re Marehal 158. Underground storage tanks—Emergency action P � <br /> required under thie § 6. (a) If neceasary or appropriate to assure that the (4) an adminietrative order as deacn'bed in paragraph(e) <br /> rground storage tank public health or safety is not threatened, the Office of of subaection(8)of Section 2,paragraph(b)of subaection <br /> State FSre Marshal ahall have suthority to: (4)of Section 2 or subaection(c)of Section 6 8 after it has <br /> an underground ator (1xA) provide notice to the owner or operator, or both, �me final is a busineas offense punishable by s fine of <br /> etroleum prodncffi or of an underground storage tank whenever there is a not leas than $1,000 nor more than $25,000 per daY� <br /> dous wsate, the aoa release or subatantial threat of a release of petroleum or (5) any other rule promulgated by the Office of the <br />,shall indicate sU tbe regulated substancea from such tank. Such notice ehall State �re Marahal is a business offenae punishable by a <br /> ilc on the regiattatiom ' include the identified emergency action and an opportunity fine of not leas than $100 nor more than $1,000 for each <br />�rmation descn'bed 'm for the owner or operator, or both, to perform the emer offense or each day of continued violation. <br /> tify the Office of the gency action; or (b) The State Fyre Marahal may suapend or revoke the <br />�contents of the tsak (B) undertake emergency action whenever there is a ����on of any person who has violated the rules of <br />:he tank differa from release or substantial t}u�eat of a release of petroleum or �e State FSre Marshal after notice and opportunity for an <br /> stration form. regalated subatances from an underground storage tank. Administrative hearing which shall be governed by The <br /> (2) If notice has been provided under clause (A) of Illinois Adminiatrative Procedure Ac�4 Any appeal from <br /> underground atorage ParaBraph(1)of this subsection, the O�ce shall have the such suspenaion or revocation shall be to the circuit court <br /> ed to them in Subtitk suthority to require the owner or operator,or both,of an of the county in which the hearing was held and be <br /> Amendmenta of 1984 underground atorage tank to undertake emergency action govemed by the Administrative Review Law.b <br />� <br />