(430 ILCS 30/1) (from Ch. 95 1/2, par. 700-1)
Sec. 1.
This Act shall be known and may be cited as the "Illinois
Hazardous Materials Transportation Act".
(Source: P.A. 80-351.)
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(430 ILCS 30/2) (from Ch. 95 1/2, par. 700-2)
Sec. 2.
It is the finding of the General Assembly that hazardous
materials are essential for various industrial, commercial and other
purposes; that their transportation is a necessary incident to their
use; and that such transportation is required for the employment and
economic prosperity of the People of the State of Illinois.
It is therefore declared to be the policy of the General Assembly to
improve the regulatory and enforcement authority of the Department of
Transportation to protect the People of the State of Illinois against
the risk to life and property inherent in the transportation of
hazardous materials over highways by keeping such risk to a minimum
consistent with technical feasibility and economic reasonableness.
It is not the intent of the General Assembly to regulate the movement
of hazardous materials in such quantities that would not pose a
substantial danger to the public health and safety, such as fuels,
fertilizer and agricultural chemicals while being used in a normal
farming operation or in transit to the farm.
(Source: P.A. 80-351.)
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(430 ILCS 30/3) (from Ch. 95 1/2, par. 700-3)
Sec. 3.
Unless the context otherwise clearly requires, as used in
this Act:
"Commerce" means trade, traffic, commerce or transportation within
the State;
"Department" means the Illinois Department of Transportation;
"Discharge" means leakage, seepage, or other release;
"Hazardous material" means a substance or material in a quantity and
form determined by the United States Department of Transportation to be
capable of posing an unreasonable risk to health and safety or property
when transported in commerce;
"Knowingly" means a person has actual knowledge of the facts giving rise to
the violation or a reasonable person acting in the circumstances and exercising
due care would have such knowledge;
"Law Enforcement Officials" means the Illinois State Police or any
duly authorized employees of a local governmental agency who are
primarily responsible for prevention or detection of crime and
enforcement of the criminal code and the highway and traffic laws of
this State or any political subdivision of such State;
"Local road" means any State or local highway except for (i) a highway with 4 or more lanes, or (ii) an interstate highway. "Person" means any natural person or individual, governmental body,
firm, association, partnership, copartnership, joint venture, company,
corporation, joint stock company, trust, estate or any other legal
entity or their legal representative, agent or assigns;
"Transports" or "transportation" means any movement of property over
the highway and any loading, unloading or storage incidental to such
movement.
(Source: P.A. 102-513, eff. 8-20-21.)
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(430 ILCS 30/4) (from Ch. 95 1/2, par. 700-4)
Sec. 4.
To the extent necessary to administer this Act, the
Department is authorized to:
(a) Adopt by reference all or any portion of the Federal Motor
Carrier Safety Regulations and the hazardous materials regulations of
the United States Department of Transportation, as now or hereafter
amended.
(b) Conduct investigations; make reports; issue subpoenas; conduct
hearings; require the production of relevant documents, records and
property; take depositions; and conduct directly or indirectly research,
development, demonstration and training activities.
(c) Authorize any officer, employee or agent:
(1) To enter upon, inspect and examine at reasonable times and in a
reasonable manner, the records and properties of persons to the extent
such records and properties relate to the transportation or shipment by
any person of hazardous materials in commerce;
(2) To stop and inspect any motor vehicle for any violation of this
Act or the rules and regulations issued under this Act.
Any such officer, employee or agent shall upon request display proper
credentials.
(d) Conduct a continuing review of all aspects of the transportation
of hazardous materials in order to determine and recommend appropriate
steps to assure the safe transportation of hazardous materials.
(e) Administer and enforce the provisions of this Act and any rules
and regulations issued under this Act.
(Source: P.A. 80-351.)
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(430 ILCS 30/5) (from Ch. 95 1/2, par. 700-5)
Sec. 5.
The transportation of hazardous materials in commerce that
are not in compliance with this Act or any rules and regulations issued
under this Act is prohibited.
(Source: P.A. 80-351.)
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(430 ILCS 30/6) (from Ch. 95 1/2, par. 700-6)
Sec. 6.
The Department may exempt any person who transports any
hazardous material if such exemption is identical to an exemption issued
by the Secretary of the United States Department of Transportation under
Section 107 of the "Hazardous Materials Transportation Act" (49 USC
1806) or pertains to commerce not governed by the United States
Department of Transportation regulations.
The Department shall seek exemptions pursuant to the federal act for
the transportation of those quantities of hazardous materials which do
not pose a substantial danger to the public health and safety including
fuels, fertilizers and agricultural chemicals while being used in a
normal farming operation or in transit to the farm.
(Source: P.A. 80-351.)
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(430 ILCS 30/7) (from Ch. 95 1/2, par. 700-7)
Sec. 7.
This Act shall not apply to:
(a) Natural gas pipelines;
(b) Transportation by any individual for personal use of any firearm
or any ammunition for such firearm; or
(c) Transportation of firearms or ammunition in Commerce.
(Source: P.A. 80-351.)
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(430 ILCS 30/8) (from Ch. 95 1/2, par. 700-8)
Sec. 8.
The Department shall cooperate with other State agencies regulating
hazardous materials and may enter into interagency agreements for the purpose
of administering or enforcing any provisions of this Act and the rules and
regulations issued under this Act.
All files, records and data gathered by the Department under this Act
shall be made available to the Department of Public Health
pursuant to the Illinois Health and Hazardous Substances Registry Act.
(Source: P.A. 83-1361.)
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(430 ILCS 30/9) (from Ch. 95 1/2, par. 700-9)
Sec. 9.
(a) The Department is authorized to make and adopt
reasonable rules and regulations and orders consistent with law
necessary to carry out the provisions of this Act.
(b) Prior to the adoption, amendment or repeal of any rule, the
Department shall:
(1) Give at least 30 days' notice of its intended action. The
notice shall include a statement of either the terms or substance of the
intended action or a description of the subjects and issues involved and
the time, place and manner in which interested persons may present their
views concerning the intended action. The notice shall be mailed to
each person who has made timely request of the Department for advance
notice of its rulemaking proceedings. In addition, the Department shall
file such notice with the Secretary of State.
(2) Afford all affected parties reasonable opportunity to submit
data, views or arguments which may in the discretion of the Department
be submitted either orally or in writing or both. The Department shall
consider fully all submissions respecting the proposed rule.
(3) If the Department finds that an emergency reasonably
constituting a threat to the public interest, safety or welfare requires
adoption of a rule upon fewer than 30 days' notice and states in writing
its reasons for that finding, it may proceed without prior notice or
hearing or upon any abbreviated notice and hearing that it finds
practicable to adopt an emergency rule. The rule may be effective for a
period not to exceed 120 days but the Department's authority to adopt an
identical rule under paragraphs (1) and (2) of this subsection is not
precluded.
(c) No action by the Department to adopt, amend or repeal a rule
under this Act shall be valid unless taken in substantial compliance
with this Section. A proceedings to contest any rule on the ground of
noncompliance with the procedural requirements of this Section must be
commenced within one year from the effective date of the rule.
(d) The Department shall file in the Office of the Secretary of
State and in the Department's principal office a certified copy of each
rule adopted by it.
(e) Each rule hereafter adopted is effective 10 days after filing,
except that:
(1) If the rule specified a later date as the effective date.
(2) Subject to applicable constitutional provisions, an emergency
rule becomes effective immediately upon filing with the Secretary of
State and in the Department's principal office or at a stated date less
than 10 days after filing if the Department finds that this effective
date is necessary because of emergency. The Department's finding and a
brief statement of the reasons for such findings shall be filed with the
rule. The Department shall take reasonable and appropriate measures to
make emergency rules known to possible affected parties.
(Source: P.A. 80-351.)
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(430 ILCS 30/10) (from Ch. 95 1/2, par. 700-10)
Sec. 10.
Upon a determination by the Department that the
transportation of certain hazardous materials poses a threat to life and
property, that such threat is susceptible to control by regulation, and
that regulation by the State would be more effective in controlling the
threat than federal regulation, the Department may issue regulations to
control that threat. No such regulations shall be inconsistent with
federal regulations unless the Department first determines that:
(a) The inconsistent regulation affords the People of the State of
Illinois a level of safety at least equal to that afforded by the
federal regulations;
(b) Increased costs and impairment of efficiency resulting from the
inconsistent regulation are warranted by the measurable benefits to the
People of the State of Illinois to be achieved by the regulation.
Provided, no regulations issued under Section 9 of this Act shall be
adopted under this Section without adequate notice to the public and an
opportunity for public comment on the specific regulations proposed to
be adopted. All such comments must be considered and a response
prepared for the record before closing of the record and final issuance
of such regulations. No regulations may take effect in less than 120
days from the closing of the record. No regulation shall take effect
unless approved by the U.S. Secretary of Transportation.
(Source: P.A. 80-351.)
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(430 ILCS 30/11) (from Ch. 95 1/2, par. 700-11)
Sec. 11.
Any person who is determined by the Department after
reasonable notice and opportunity for a fair and impartial hearing to
have knowingly committed an act that is a violation of this Act or any
rule or regulation issued under this Act is liable to the State for a
civil penalty. Whoever knowingly commits an act that is a violation of
any rule or regulation applicable to any person who transports or ships
or causes to be transported or shipped hazardous materials is subject to
a civil penalty of not more than $10,000 for such violation and, if any
such violation is a continuing one, each day of violation constitutes a
separate offense. The amount of any such penalty shall be assessed by
the Department by a written notice. In determining the amount of such
penalty, the Department shall take into account the nature,
circumstances, extent and gravity of the violation and, with respect to
a person found to have committed such violation, the degree of
culpability, history of prior offenses, ability to pay, effect on
ability to continue to do business and such other matters as justice may
require.
Such civil penalty is recoverable in an action brought by the State's
Attorney or the Attorney General on behalf of the State in the circuit
court or, prior to referral to the State's Attorney or the Attorney
General, such civil penalty may be compromised by the Department. The
amount of such penalty when finally determined (or agreed upon in
compromise), may be deducted from any sums owed by the State to the
person charged. All civil penalties collected under this Section shall
be deposited in the Road Fund.
(Source: P.A. 80-351.)
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(430 ILCS 30/11.1) (from Ch. 95 1/2, par. 700-11.1)
Sec. 11.1.
(a) Notwithstanding any provision of law to the contrary,
no person who provides assistance or advice in mitigating or attempting
to mitigate the effects of an actual or threatened discharge of hazardous
materials, or in preventing, cleaning up, or disposing of or in attempting
to prevent, clean up, or dispose of any such discharge, shall be subject
to civil liability or civil penalties of any type growing out of such
assistance or advice.
(b) The immunities provided in subsection (a) of this Section shall
not apply to any person:
1. whose act or omission caused in whole or in part | ||
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2. who receives compensation, other than | ||
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(c) Nothing contained in subsection (a) of this Section shall be construed
to limit or otherwise affect the liability of any person for damages resulting
from such person's gross negligence or from such person's reckless, wanton, or
intentional misconduct.
(d) This Section shall not apply to hazardous waste as defined in
the Environmental Protection Act.
(Source: P.A. 90-655, eff. 7-30-98.)
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(430 ILCS 30/12) (from Ch. 95 1/2, par. 700-12)
Sec. 12.
Any person who willfully violates any provision of this Act
or any rule or regulation issued under this Act is guilty of a Class 3
felony and subject to a fine of not more than $25,000 for each offense.
Such violation shall be prosecuted by the State's Attorney or the
Attorney General at the request of the Department.
(Source: P.A. 80-351.)
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(430 ILCS 30/13) (from Ch. 95 1/2, par. 700-13)
Sec. 13.
If the Department or such other person or agency as the
Department may designate has reason to believe that an imminent hazard
exists, the Department or its designee shall through the Attorney
General or State's Attorney petition the circuit court for an order
suspending or restricting the transportation of the hazardous material
responsible for such imminent hazard, or for such other order as is
necessary to eliminate or ameliorate such imminent hazard. As used in
this Section, an "imminent hazard" exists if there is substantial
likelihood that death, serious illness, or severe personal injury will
occur prior to the completion of an administrative hearing or other
formal proceeding initiated to abate the risk of such serious harm.
(Source: P.A. 80-351.)
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(430 ILCS 30/13.1) (from Ch. 95 1/2, par. 700-13.1)
Sec. 13.1.
Multiple Apparent Violations - Court Orders.
If the Department
or a law enforcement official has reason to believe that a person who is
transporting hazardous materials over highways in Illinois has violated
the Act or any rules and regulations issued under this Act, and that person
has been issued 5 notices of apparent violation within the past 12 months,
the Department or law enforcement official may through the State's Attorney
or Attorney General petition the circuit court for, (1) an order suspending
or restricting the person from the transportation of hazardous material,
or such other order as is necessary, or (2), order a civil penalty of not
more than $10,000 for such violation, or order that both (1) and (2) be imposed.
(Source: P.A. 82-331.)
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(430 ILCS 30/14) (from Ch. 95 1/2, par. 700-14)
Sec. 14.
Law enforcement officials who regulate transportation over
highways shall enforce the rules and regulations issued under this Act.
(Source: P.A. 80-351.)
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(430 ILCS 30/15) (from Ch. 95 1/2, par. 700-15)
Sec. 15.
This Act is not intended to affect any State law now in
effect or intrude upon the duties and responsibilities of any State
officer with respect to matters related to the subject of this Act, but
in the case of any conflict relating to the transportation of hazardous
materials the provisions of this Act shall control.
(Source: P.A. 80-351.)
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(430 ILCS 30/16) (from Ch. 95 1/2, par. 700-16)
Sec. 16.
All administrative decisions of the Department under this
Act shall be subject to judicial review
under the Administrative Review Law,
as now or hereafter amended. The term
"administrative decision" is defined as in Section 3-101 of the Code of
Civil Procedure.
(Source: P.A. 82-783.)
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