Illinois General Assembly - Illinois Compiled Statutes

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625 ILCS 5/18c-7404

(625 ILCS 5/18c-7404) (from Ch. 95 1/2, par. 18c-7404)

Sec. 18c-7404.

Transportation of Hazardous Materials by Rail Carriers.

(1) Commission to Regulate Hazardous Materials Transportation by Rail Carrier.

(a) Powers of the Commission. The Commission is authorized to regulate the
transportation of hazardous materials by rail carrier by:

(i) Adopting by reference the hazardous materials
regulations of the Office of Hazardous Materials Transportation and
the Federal Railroad Administration of the United
States Department of Transportation, as amended;

(ii) Conducting investigations, issuing subpoenas, taking depositions,
requiring the production of relevant documents, records and property, and
conducting hearings in aid of such investigations;

(iii) Conducting a continuing review of all aspects of
hazardous materials transportation by rail carrier
to determine and recommend actions necessary to
insure safe transportation of such materials;

(iv) Undertaking, directly or indirectly, research,
development, demonstration and training activities;

(v) Cooperating with other State agencies and enter into
interagency agreements; and

(vi) Entering upon, inspecting and examining the records and
properties relating to the transportation of hazardous materials by rail,
including all portions of any facility used in the loading, unloading, and
actual movement of such materials, or in the storage of such materials
incidental to actual movement by rail;

(vii) Stopping and inspecting trains, at reasonable times and
locations and in a reasonable manner, or taking any
other action necessary to administer or enforce the
provisions of this Section.

(b) Scope of Section. The provisions of this Section apply generally to
the transportation of hazardous materials by rail carrier within the State
of Illinois, but do not apply to:

(i) Natural gas pipelines;

(ii) Transportation of firearms or ammunition for
personal use or in commerce; or

(iii) Transportation exempted by the Commission where the
exemption granted by the Commission is:

(A) Coextensive with an exemption granted by the
Office of Hazardous Materials and the Federal
Railroad Administration; or

(B) Otherwise exempt under statutes or regulations
governing similar transportation in interstate commerce.

(c) Rail Carriers to Comply with Commission Regulations.
No person shall transport hazardous materials by rail
carrier except in compliance with this Section,
Commission regulations and orders.

(2) Enforcement.

(a) Criminal Penalties. Any person who willfully violates the provisions
of this Section, Commission regulations or orders shall have committed a
class 3 felony and be subject to criminal penalties in an amount not to
exceed $25,000.

(b) Civil Penalties. Any person who knowingly violates the provisions of
this Section, Commission regulations or orders shall also be subject to
civil penalties in an amount not to exceed $10,000.

(c) Injunctive Relief. The Commission may petition any circuit court
with venue and jurisdiction to enforce this Chapter to enjoin actions which
it has reason to believe may pose an imminent hazard, and to issue such
other orders as will eliminate or ameliorate the imminent hazard.  As used
in this Section, "imminent hazard" means a substantial likelihood that
death, serious illness, or severe personal injury will occur prior to the
time during which an administrative proceeding to abate the danger could
normally be completed.

(3) Commission to Adopt Regulations. The Commission may adopt
regulations governing the transportation of hazardous materials by rail carrier where:

(a) The risk created by such transportation is susceptible to
control by regulation;

(b) State regulation would be more effective in controlling
the risk than federal regulation; and

(c) The regulations adopted by the Commission are not
inconsistent with federal regulations.

(Source: P.A. 85-815.)