(225 ILCS 210/3002) (from Ch. 96 1/2, par. 1-3002)
Sec. 3002. Storage Certificates.
(a) No person shall store explosive
materials until he has obtained a storage certificate from the Department.
No storage certificate shall be required, however, where holes are drilled
and the explosive materials are upon delivery, immediately and continuously
loaded into the holes for blasting from the mobile container in which they
were delivered. The container shall at all times be attended by an
authorized agent or employee of the seller or the user of the explosive
materials. In no event shall the mobile container of explosive materials
be exempt unless it is completely unloaded for blasting. Every person to
which this Section applies shall submit an application to the Department, on forms
furnished by the Department, containing the following information:
(1) the location or proposed location of a magazine;
(2) the kind and maximum quantity of explosive materials intended to be stored in the |
(b) All storage
certificate application fees collected under this Act shall be deposited into
the Explosives Regulatory Fund.
Following receipt of an application, the Department shall inspect the
magazine. If it finds that the magazine is located and constructed in
accordance with this Act and rules adopted by the Department, then it shall
issue a storage certificate to the applicant.
(c) A storage certificate holder's authority to store explosives shall be limited to the type, maximum quantity, and purpose specified in his or her application to the Department, unless the certificate holder is granted a modification to the storage certificate. The Department shall approve any modification to the storage certificate if the certificate holder requests a modification and he or she meets the requirements of this Act. If any person to whom the certificate has been issued keeps or
stores explosive materials in excess of the amount authorized by the
certificate, or stores explosives material for a different purpose than indicated in the application without first obtaining the Department's approval to modify the certificate, then the Department may cancel the certificate or initiate an enforcement action. Whenever there
are changes in the physical conditions surrounding a magazine, such as the
erection of buildings, operation of railways or opening of highways near
such magazine, the Department shall, in accordance with the changed
conditions, modify or cancel the certificate. Upon cancellation of the
certificate, the magazine keeper shall immediately remove all explosive materials
from the magazine. The magazine keeper of a magazine shall promptly notify
the Department of any change in conditions.
(d) Storage certificates issued under this Act are not transferable. In
the event of the lease, sale or other transfer of the business or
operations covered by the certificate, the new owner, tenant or successor
in interest must obtain the storage certificate required by this Article
before storing explosive materials.
(e) No individual may act as a magazine keeper unless licensed under Article 2 of this Act.
(Source: P.A. 96-1194, eff. 1-1-11.)
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