(220 ILCS 20/1)(from Ch. 111 2/3, par. 551) Sec. 1. This Act shall be known and may be cited as the Illinois Gas Pipeline Safety Act. (Source: P. A. 76‑1588.)
(220 ILCS 20/2)(from Ch. 111 2/3, par. 552) Sec. 2. As used in this Act, unless the context, otherwise requires, the terms
specified in Sections 2.01 through 2.07 have the meanings ascribed to them
in those Sections. (Source: P. A. 76‑1588.)
(220 ILCS 20/2.01)(from Ch. 111 2/3, par. 552.1) Sec. 2.01. "Person" means any individual, firm, joint venture, partnership,
corporation, association, municipality, cooperative association, or joint
stock association, and includes any trustee, receiver, assignee or personal
representative thereof. (Source: P. A. 76‑1588.)
(220 ILCS 20/2.02)(from Ch. 111 2/3, par. 552.2) Sec. 2.02. "Gas" means natural gas, flammable gas or gas which is toxic or
corrosive. (Source: P. A. 76‑1588.)
(220 ILCS 20/2.02.5) Sec. 2.02.5. "Primary fuel line" means that portion of the customer‑owned
piping that connects the outlet of the gas meter to the outside wall of
residential premises, excluding any customer‑owned branch lines that may be
connected thereto. (Source: P.A. 88‑314.)
(220 ILCS 20/2.03)(from Ch. 111 2/3, par. 552.3) Sec. 2.03. "Transportation of gas" means the gathering, transmission, or
distribution of gas by pipeline or its storage, within this State and not
subject to the jurisdiction of the Federal Energy Regulatory
Commission under the
Natural Gas Act, except that it includes the transmission of gas through
pipeline facilities within this State that transport gas from an interstate
gas pipeline to a direct sales customer within this State purchasing gas
for its own consumption. "Transportation of gas" also includes
the conveyance of gas from a gas main through the primary fuel line to the
outside wall of residential
premises. If the gas meter is placed within 3 feet of the structure, the
utility's responsibility shall end at the outlet side of the meter. (Source: P.A. 87‑1092; 88‑314.)
(220 ILCS 20/2.04)(from Ch. 111 2/3, par. 552.4) Sec. 2.04. "Pipeline facilities" includes new and existing pipe rights‑of‑way and
any equipment, facility, or building used in the transportation of gas
or the
treatment of gas during the course of transportation and
includes facilities within this State that transport gas from an interstate
gas pipeline to a direct sales customer within this State purchasing gas
for its own consumption, but
"rights‑of‑way" as used in this Act does not authorize the Commission to
prescribe, under this Act, the location or
routing of any pipeline facility. "Pipeline facilities" also includes
new and existing pipes and lines and any other equipment, facility, or
structure, except customer‑owned branch lines connected to the primary fuel
lines, used to convey gas from a gas main to the outside wall of
residential premises, and any person who provides gas service directly to its
residential customer through these facilities shall be deemed to operate
such pipeline facilities for purposes of this Act irrespective of the ownership
of the facilities or the location of the facilities with respect to the
meter, except that a person who provides gas service to a "master meter
system", as that term is defined at 49 C.F.R. Section 191.3, shall not be
deemed to operate any facilities downstream of the master meter. (Source: P.A. 87‑1092; 88‑314.)
(220 ILCS 20/2.05)(from Ch. 111 2/3, par. 552.5) Sec. 2.05. "Commission" means the Illinois Commerce Commission. (Source: P. A. 76‑1588.)
(220 ILCS 20/2.06)(from Ch. 111 2/3, par. 552.6) Sec. 2.06. "Public Utilities Act" means "An Act concerning public utilities",
approved June 29, 1921, as amended. (Source: P. A. 76‑1588.)
(220 ILCS 20/2.07)(from Ch. 111 2/3, par. 552.7) Sec. 2.07. "Federal Act" means the "Natural Gas Pipeline Safety Act of 1968". (Source: P.A. 76‑1588.)
(220 ILCS 20/3)(from Ch. 111 2/3, par. 553) Sec. 3. (a) As soon as practicable, but not later than 3 months after the
effective date of this Act, the Commission shall adopt rules establishing
minimum safety standards for the transportation of gas and for pipeline
facilities. Such rules shall be at least as inclusive, as stringent, and
compatible with, the minimum safety standards adopted by the Secretary of
Transportation under the Federal Act. Thereafter, the Commission shall
maintain such rules so that the rules are at least as inclusive, as
stringent, and compatible with, the minimum standards from time to time in
effect under the Federal Act. (b) Standards established under this Act may apply to the design,
installation, inspection, testing, construction, extension, operation,
replacement, and maintenance of pipeline facilities. Standards affecting
the design, installation, construction, initial inspection and initial
testing are not applicable to pipeline facilities in existence on the date
such standards are adopted. Whenever the Commission finds a particular
facility to be hazardous to life or property, it may require the person
operating such facility to take the steps necessary to remove the hazard. (c) Standards established by the Commission under this Act shall,
subject to paragraphs (a) and (b) of this Section 3, be practicable and
designed to meet the need for pipeline safety. In prescribing such
standards, the Commission shall consider: similar standards established in
other states; relevant available pipeline safety data; whether such
standards are appropriate for the particular type of pipeline
transportation; the reasonableness of any proposed standards; and the
extent to which such standards will contribute to public safety. Rules adopted under this Act are subject to "The Illinois Administrative
Procedure Act", approved September 22, 1975, as amended. (Source: P.A. 83‑333.)
(220 ILCS 20/4)(from Ch. 111 2/3, par. 554) Sec. 4. Subject to Section 3, paragraph (e) of the Federal Act, the Commission
may, upon application by any person engaged in the transportation of gas or
the operation of pipeline facilities, waive in whole or in part, compliance
with any standard established under this Act, if it determines that such a
waiver is not inconsistent with gas pipeline safety. (Source: P. A. 76‑1588.)
(220 ILCS 20/5)(from Ch. 111 2/3, par. 555) Sec. 5. Each person who engages in the transportation of gas or who owns or
operates pipeline facilities shall file with the Commission a plan for
inspection and maintenance of each pipeline facility owned or operated by
such person as well as any changes in such plan, in accordance with
regulations prescribed by the Commission. The Commission may, by
regulation, also require such person to file the plans for approval. If the
Commission finds, at any time, that the plan is inadequate to achieve safe
operation, the Commission shall, after notice and opportunity for a
hearing, require the plan to be revised. The plan required by the
Commission under this Section must be practicable and designed to meet the
need for pipeline safety. In determining the adequacy of any plan, the
Commission shall consider relevant available pipeline safety data; whether
the plan is appropriate for the particular type of pipeline transportation;
the reasonableness of the plan; and the extent to which the plan will
contribute to public safety. (Source: P. A. 76‑1588.)
(220 ILCS 20/6)(from Ch. 111 2/3, par. 556) Sec. 6. (a) Each person who engages in the transportation of gas or who owns or
operates pipeline facilities shall: (1) at all times after the date any applicable safety standard
established under this Act takes effect comply with the requirements of
such standard; (2) file and comply with a plan of inspection and maintenance required
by Section 5 of this Act; (3) keep records, make reports, provide information, and permit
inspection of its books, records and facilities under the Public Utilities
Act as the Commission reasonably requires to insure compliance with this
Act and the rules and regulations established under this Act; and (4) file with the Commission, under such rules as the Commission
prescribes, reports of all accidents, involving pipeline facilities or the
transportation of gas. No such accident report filed with the Commission is
admissible into evidence in any action for damages based on or arising out
of the loss of life, or injury to person or property, occasioned by any
accident. (b) Any accident report made by an officer, employee or agent of the
Commission is available for use in any civil, criminal, or other judicial
proceeding arising out of such accident. (Source: P. A. 76‑1588.)
(220 ILCS 20/7)(from Ch. 111 2/3, par. 557) Sec. 7. Penalties; action for penalties. (a) Any person violating paragraph (a) of Section 6 of this Act or
any
rule or order issued under this Act is subject to a civil penalty not to
exceed the maximum penalties established by Section 60122(a)(1) of Title 49 of
the United States Code for each day the violation
persists. Such civil penalties do not apply to a violation with respect
to a pipeline facility in existence on the effective date of this Act
unless such violation persists one year from the effective date. (b) Any civil penalty may be compromised by the Commission. In
determining the amount of the penalty, or the amount agreed upon in
compromise, the Commission shall consider the appropriateness of the
penalty to the size of the business of the person charged, the gravity of
the violation, and the good faith of the person charged in attempting to
achieve compliance, after notification of a violation. The amount of the
penalty when finally determined, or the amount agreed upon in compromise,
may be deducted from any sums owing by the State of Illinois to the person
charged or may be recovered in a civil action in accordance with paragraph
(c) of this Section 7. (c) Actions to recover penalties under this Act shall be brought in the
name of the People of the State of Illinois in the circuit court in and for
the county in which the cause or some part thereof, arose or in which the
corporation complained of, if any, has its principal place of business or
in which the person, if any, complained of, resides. All penalties
recovered by the State in any action shall be paid into the general
fund of the State Treasury. The action shall be commenced and prosecuted
to final judgment by the Attorney General on behalf of the Commission. In
all such actions, the procedure and rules of evidence shall conform with
the Civil Practice Law and other rules of court governing civil
trials. (d) In addition the Commission may proceed under Section 4‑202 of the
Public Utilities Act, either by mandamus or injunction, to secure
compliance with its rules, regulations and orders issued under this Act. (e) Any person penalized under this Section is not subject, for the same
cause, to any other penalty provided in the Public Utilities Act. (Source: P.A. 91‑814, eff. 6‑13‑00.)
(220 ILCS 20/8)(from Ch. 111 2/3, par. 558) Sec. 8. Except as otherwise provided in this Act, the Public Utilities Act
applies to pipeline facilities and to persons engaged in the transportation
of gas or operating pipeline facilities. (Source: P. A. 76‑1588.)
(220 ILCS 20/9)(from Ch. 111 2/3, par. 559) Sec. 9. The Commission shall prepare and file with the Secretary of
Transportation the initial and annual certification and report required by
Section 5, paragraph (a) of the Federal Act. (Source: P. A. 76‑1588.)
(220 ILCS 20/10)(from Ch. 111 2/3, par. 560) Sec. 10. The Commission may apply for, accept, receive and receipt for Federal
monies, for the State, given by the Federal government under the Federal
Act for any purpose within the authority of the Commission. The Commission
may also act as an agent for any agency or officer of the Federal
government for any purpose which is otherwise within the authority of the
Commission, and the Commission may enter into agreements for such purpose
with any such agency or officer. (Source: P. A. 76‑1588.)
(220 ILCS 20/11)(from Ch. 111 2/3, par. 561) Sec. 11. Nothing contained in this Act is intended, nor shall it be construed, to
limit or diminish the authority of the Commission under "An Act concerning
public utilities", approved June 29, 1921, as amended. (Source: P. A. 76‑1588.)
(220 ILCS 20/12)(from Ch. 111 2/3, par. 562) Sec. 12. If any provision, clause or phrase of this Act or the application
thereof to any person or circumstances is held invalid, such invalidity
shall not affect other provisions or application of this Act which can be
given effect without the invalid provision or application and to this end
provisions of this Act are declared to be separable. (Source: P. A. 76‑1588.)
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