(815 ILCS 370/3) (from Ch. 5, par. 1703)
Sec. 3.
As used in this Act, unless the context otherwise requires:
(1) "ASTM" means the American Society for Testing and Materials, an international,
nonprofit, technical, scientific and educational society devoted to the
promotion of knowledge of the materials of engineering, and the standardization
of specifications and methods of testing.
(2) "Motor Fuel" shall have the meaning ascribed to that term in Section
1.1 of the "Motor Fuel Tax Law", as now or hereafter amended.
(3) "Petroleum" means all illuminating oils, heating oils, LP gas,
kerosene, gasoline, diesel and all volatile and inflammable liquids
produced, blended or compounded for the purpose of, or which are suitable
or practicable for, operating motor vehicles.
(4) "Department" means the Illinois Department of Agriculture.
(5) "Person" means an individual, a corporation, company, society,
association, partnership or governmental entity.
(6) "Distributor" shall have the meaning ascribed to that term in Section
1.2 of the "Motor Fuel Tax Law", as now or hereafter amended, and any
person who either produces, refines, blends, transports, compounds or
manufactures petroleum in this State for the purposes of resale.
(7) "Director" means the Director of the Illinois Department of
Agriculture or authorized designee.
(8) "Retailer" shall have the meaning ascribed to that term in Section
2 of the "Use Tax Act", as now or hereafter amended and any person
engaged in the business of selling petroleum directly to the ultimate consumer.
(9) "Co‑solvent" means an alcohol that is miscible with methanol and
has a molecular weight equal to or greater than that of butanol.
(Source: P.A. 86‑232.)
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(815 ILCS 370/4.1) (from Ch. 5, par. 1704.1)
Sec. 4.1.
(a) Upon any retail motor fuel dispensing device which is
used to dispense a motor fuel containing at least 1% by volume of ethanol,
of methanol,
or of a combination thereof, there shall be displayed a label
which identifies the maximum percentage by volume, to the nearest whole
percent, of ethanol, of methanol, and of
co‑solvent contained in the motor fuel. Such labelling shall be done in
contrasting colors with block letters at least 1/2 inch in height and 1/4 inch
in width, and not more than one inch in height and 1/2 inch in width, and shall
be visible to customers. The label shall be located on the front or sides of
the dispenser and within the top 30 percent of the height of the dispenser. On
a dual‑faced dispenser, the label shall be affixed on each front or each side
in accordance with these requirements.
Devices used to dispense only motor fuels which contain
a total of less than 1% by volume of methanol and ethanol
need not be so labelled.
(a‑5) Upon any retail motor fuel dispensing device that is used to
dispense a motor fuel containing at least 2% by volume of the methanol
derivative methyl tertiary butyl ether (MTBE), there shall be displayed a label
stating: "CONTAINS METHYL TERTIARY BUTYL ETHER (MTBE)". The label
shall be done in contrasting colors with block letters at least 1/2 inch in
height
and 1/4 inch in width, and not more than one inch in height and 1/2 inch in
width,
and shall be visible to customers. The label shall be located on the front or
sides
of the dispenser and within the top 30 percent of the height of the dispenser.
On
a dual‑faced dispenser, the label shall be affixed on each front or each side
in accordance with these requirements. Devices used to dispense only motor
fuels
that contain a total of less than 2% by volume of the methanol derivative MTBE
need not be so labeled.
(b) Each seller of a motor fuel which contains methanol,
ethanol, or the methanol derivative MTBE
shall notify the purchaser thereof of the percentage by volume of ethanol,
of methanol, of the methanol derivative MTBE, and of co‑solvent which have
been added to such motor fuel,
and this information shall appear on the bill of lading, manifest or
delivery ticket for such motor fuel. However, this subsection (b)
shall not apply to sales at retail.
(c) No motor fuel, whether or not it contains any lead or lead
compounds, may contain more ethanol, methanol, or the methanol
derivative MTBE than is permitted, or contain less co‑solvent than is
required, by the United States Environmental Protection Agency for
unleaded motor fuels under Section 211(f) of the federal Clean Air Act.
(d) All motor fuel sold or offered for sale by the distributor shall
contain the percentage and type of alcohol as stated on the bill of lading,
manifest or delivery ticket.
(e) With respect to the methanol derivative MTBE, the labeling and
notification requirements in this Section shall be enforced beginning 60 days
after the effective date of this amendatory Act of the 91st General
Assembly.
(f) Nothing in this Section shall be construed to require or impose an
obligation upon the owner or operator of a retail motor fuel dispensing
station,
facility, or device to perform a test on or measurement of a shipment of motor
fuel received to determine the specific content of ethanol, methanol, or the
methanol derivative MTBE.
(Source: P.A. 91‑718, eff. 6‑2‑00.)
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(815 ILCS 370/7) (from Ch. 5, par. 1707)
Sec. 7.
Administrative hearing and penalties.
When an administrative
hearing is held, the hearing officer, upon determination of a violation of
this Act or rules, other than violation of Section 7.1, shall:
(a) Levy the following administrative monetary penalties:
(1) $100 for a first violation;
(2) $750 for a second violation within 2 years of |
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(3) $1500 for a third or subsequent violation within
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2 years of the second violation; or
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(b) refer the violations to the States Attorney's Office in the county
where the violation occurred for prosecution.
Any penalty levied shall be collected by the Department and paid into the
Motor Fuel and Petroleum Standards Fund. Monetary penalties not paid
within 60 days of notice from the Department shall be submitted to the
Attorney General's Office for collection.
All decisions and actions of the Department are subject to the Illinois
Administrative Procedure Act and the Department's Administrative Rules
which pertain to administrative hearings, petitions, proceedings, contested
cases, declaratory rulings and availability of Department files for public
access.
All final administrative decisions of the Department shall be subject to
judicial review pursuant to the provisions of the Administrative Review
Law, and all amendments and modifications thereof, and the rules adopted
pursuant thereto. The term "administrative decision" is defined in
Section 3‑101 of the Code of Civil Procedure.
(Source: P.A. 88‑582, eff. 1‑1‑95.)
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(815 ILCS 370/7.1)
Sec. 7.1.
Octane display standards; administrative penalty.
(a) Every retailer of motor fuel must display the octane number of the fuel
being dispensed on each motor fuel device that is dispensing a gasoline
product. The octane number shall be displayed on the fuel dispensing device in
a manner consistent with regulations promulgated by the Federal Trade
Commission in 16 CFR part 306. It is a violation of this Sec. to display an
octane number that is greater than the octane number of the gasoline being
dispensed.
(b) A hearing officer that, after an administrative hearing held in
accordance with the provisions of Section 7, determines that a violation of
this Section has been committed shall impose a monetary penalty
in accordance with the following schedule:
(1) For a first time violation if the actual octane |
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number is found by the petroleum laboratory to be lower than the posted octane number by:
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(A) at least 0.8, but not more than 2.0 octane
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(B) at least 2.1, but not more than 3.0 octane
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(C) at least 3.1, but not more than 4.0 octane
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(D) at least 4.1, but not more than 5.0 octane
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(E) at least 5.1, but not more than 6.0 octane
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(F) more than 6.0 octane numbers, $1,000.
(2) For a second violation, at the same location
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under the same ownership, within 2 years of the first violation if the actual octane number is found by the petroleum testing laboratory to be lower than the posted octane number by:
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(A) at least 0.8, but not more than 2.0 octane
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(B) at least 2.1, but not more than 3.0 octane
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(C) at least 3.1, but not more than 4.0 octane
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(D) at least 4.1, but not more than 5.0 octane
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(E) at least 5.1, but not more than 6.0 octane
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(F) more than 6.0 octane numbers, $2,000.
(3) For a third or subsequent violation, at the same
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location under the same ownership, within 2 years of the second violation if the actual octane number is found by the petroleum testing laboratory to be lower than the posted octane number by:
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(A) at least 0.8, but not more than 2.0 octane
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(B) at least 2.1, but not more than 3.0 octane
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(C) at least 3.1, but not more than 4.0 octane
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(D) at least 4.1, but not more than 5.0 octane
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(E) at least 5.1, but not more than 6.0 octane
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(F) more than 6.0 octane numbers, $4,000.
(c) Any penalty levied under this Section shall be collected and deposited
in the manner provided for penalties collected under Section 7. Actions and
decisions of the Department under this Section are subject to the
administrative procedures and review authorized under Section 7.
(Source: P.A. 88‑582, eff. 1‑1‑95.)
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