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90_SB0308
430 ILCS 30/2 from Ch. 95 1/2, par. 700-2
430 ILCS 30/3 from Ch. 95 l/2, par. 700-3
430 ILCS 30/11 from Ch. 95 1/2, par. 700-11
430 ILCS 30/12 from Ch. 95 1/2, par. 700-12
430 ILCS 30/14 from Ch. 95 1/2, par. 700-14
430 ILCS 30/17 new
Amends the Illinois Hazardous Materials Transportation
Act to require certain tank vessels transporting oil or
hazardous material to have double hulls. Sets forth civil
and criminal penalties. Effective immediately.
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LRB9001248DPcc
1 AN ACT to amend the Illinois Hazardous Materials
2 Transportation Act by changing Sections 2, 3, 11, 12, and 14
3 and adding Section 17.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Hazardous Materials
7 Transportation Act is amended by changing Sections 2, 3, 11,
8 12, and 14 and adding Section 17.
9 (430 ILCS 30/2) (from Ch. 95 1/2, par. 700-2)
10 Sec. 2. Legislative intent. It is the finding of the
11 General Assembly that hazardous materials are essential for
12 various industrial, commercial and other purposes; that their
13 transportation is a necessary incident to their use; and that
14 such transportation is required for the employment and
15 economic prosperity of the People of the State of Illinois.
16 It is therefore declared to be the policy of the General
17 Assembly to improve the regulatory and enforcement authority
18 of the Department of Transportation to protect the People of
19 the State of Illinois against the risk to life and property
20 inherent in the transportation of hazardous materials over
21 highways and waterways by keeping such risk to a minimum
22 consistent with technical feasibility and economic
23 reasonableness.
24 It is not the intent of the General Assembly to regulate
25 the movement of hazardous materials in such quantities that
26 would not pose a substantial danger to the public health and
27 safety, such as fuels, fertilizer and agricultural chemicals
28 while being used in a normal farming operation or in transit
29 to the farm.
30 (Source: P.A. 80-351.)
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1 (430 ILCS 30/3) (from Ch. 95 l/2, par. 700-3)
2 Sec. 3. Definitions. Unless the context otherwise clearly
3 requires, as used in this Act:
4 "Commerce" means trade, traffic, commerce or
5 transportation within the State;
6 "Department" means the Illinois Department of
7 Transportation;
8 "Discharge" means leakage, seepage, or other release;
9 "Hazardous material" means a substance or material in a
10 quantity and form determined by the United States Department
11 of Transportation to be capable of posing an unreasonable
12 risk to health and safety or property when transported in
13 commerce;
14 "Law enforcement officials" means the Illinois State
15 Police or any duly authorized employees of a local
16 governmental agency who are primarily responsible for
17 prevention or detection of crime and enforcement of the
18 criminal code and the waterway, highway, and traffic laws of
19 this State or any political subdivision of this State;
20 "Person" means any natural person or individual,
21 governmental body, firm, association, partnership,
22 copartnership, joint venture, company, corporation, joint
23 stock company, trust, estate or any other legal entity or
24 their legal representative, agent or assigns;
25 "Transports" or "transportation" means any movement of
26 property over the highway and any loading, unloading, or
27 storage incidental to such movement or the movement of cargo
28 over waterways.
29 (Source: P.A. 83-684.)
30 (430 ILCS 30/11) (from Ch. 95 1/2, par. 700-11)
31 Sec. 11. Civil penalties. Except as provided in Section
32 17, any person who is determined by the Department after
33 reasonable notice and opportunity for a fair and impartial
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1 hearing to have knowingly committed an act that is a
2 violation of this Act or any rule or regulation issued under
3 this Act is liable to the State for a civil penalty. Whoever
4 knowingly commits an act that is a violation of any rule or
5 regulation applicable to any person who transports or ships
6 or causes to be transported or shipped hazardous materials is
7 subject to a civil penalty of not more than $10,000 for such
8 violation and, if any such violation is a continuing one,
9 each day of violation constitutes a separate offense. The
10 amount of any such penalty shall be assessed by the
11 Department by a written notice. In determining the amount of
12 such penalty, the Department shall take into account the
13 nature, circumstances, extent and gravity of the violation
14 and, with respect to a person found to have committed such
15 violation, the degree of culpability, history of prior
16 offenses, ability to pay, effect on ability to continue to do
17 business and such other matters as justice may require.
18 Such civil penalty is recoverable in an action brought by
19 the State's Attorney or the Attorney General on behalf of the
20 State in the circuit court or, prior to referral to the
21 State's Attorney or the Attorney General, such civil penalty
22 may be compromised by the Department. The amount of such
23 penalty when finally determined (or agreed upon in
24 compromise), may be deducted from any sums owed by the State
25 to the person charged. All civil penalties collected under
26 this Section shall be deposited in the Road Fund.
27 (Source: P.A. 80-351.)
28 (430 ILCS 30/12) (from Ch. 95 1/2, par. 700-12)
29 Sec. 12. Criminal penalties. Except as provided in
30 Section 17, any person who willfully violates any provision
31 of this Act or any rule or regulation issued under this Act
32 is guilty of a Class 3 felony and subject to a fine of not
33 more than $25,000 for each offense. Such violation shall be
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1 prosecuted by the State's Attorney or the Attorney General at
2 the request of the Department.
3 (Source: P.A. 80-351.)
4 (430 ILCS 30/14) (from Ch. 95 1/2, par. 700-14)
5 Sec. 14. Enforcement authority. Law enforcement
6 officials who regulate transportation over highways and
7 waterways shall enforce the rules and regulations issued
8 under this Act.
9 (Source: P.A. 80-351.)
10 (430 ILCS 30/17 new)
11 Sec. 17. Tank vessels.
12 (a) As used in this Section:
13 (1) "Bulk" means an undivided quantity of a
14 substance that is loaded directly into a vessel and is
15 not divided into individual containers.
16 (2) "Double hull" is defined as in 33 C.F.R.
17 Section 157.08(kk).
18 (3) "Hazardous material" is defined as in 46 U.S.C.
19 Section 2101(14).
20 (4) "Oil" means hydrocarbon, vegetable, or mineral
21 oil of any kind or in any form and includes oil mixed
22 with wastes other than dredged spoil.
23 (5) "Tank vessel" means a vessel that is
24 constructed or adapted to carry, or that carries, oil or
25 hazardous material in bulk as cargo or cargo residue.
26 (b) Except as provided in subsection (c), no tank
27 vessel of under 5,000 gross tons may transport oil or
28 hazardous material on waterways over which this State has
29 jurisdiction unless the tank vessel has a double hull.
30 (c) Subsection (b) does not apply to (1) a tank vessel
31 when the tank vessel and its crew are in danger because of
32 extreme weather conditions and (2) a self-propelled tank
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1 vessel or a tank vessel that is propelled by a towing vessel
2 if a tugboat accompanies the self-propelled tank vessel or
3 tank vessel and towing vessel.
4 (d) (1) Except as provided under subdivision (2), a
5 person who owns or controls the movement of a tank vessel
6 violating subsection (b) shall be liable for a civil
7 penalty of not less than $5,000 and not more than $10,000
8 for each violation.
9 (2) A person who owns or controls the movement of
10 a tank vessel violating subsection (b) and who, within 5
11 years before the commission of the current violation, was
12 previously convicted of violating subsection (b) shall be
13 liable for a civil penalty of not less than $10,000 and
14 not more than $25,000, or shall be guilty of a Class B
15 misdeameanor, or both. A holder of a bonafide perfected
16 security interest in the tank vessel violating subsection
17 (b) shall be paid from the proceeds of that penalty if
18 the security interest was perfected before the date of
19 the commission of the current violation and the holder of
20 the security interest neither had knowledge of nor
21 consented to the commission of that violation.
22 (3) In addition to a penalty imposed under
23 subdivision (1) or (2), a person who owns or controls the
24 movement of a tank vessel violating subsection (b), from
25 which oil or a hazardous material is discharged, shall be
26 required to forfeit triple the amount of the damage to
27 the environment.
28 (4) A civil penalty assessed under this Section is
29 recoverable through collection by the Department or an
30 action brought by the Attorney General in circuit court
31 on behalf of the State.
32 Section 99. Effective date. This Act takes effect upon
33 becoming law.