430 ILCS 50/ Hazardous Materials Emergency Act.

(430 ILCS 50/0.01) (from Ch. 127, par. 1250)

Sec. 0.01. Short title. This Act may be cited as the Hazardous Materials Emergency Act.

(Source: P.A. 86-1324.)

(430 ILCS 50/1) (from Ch. 127, par. 1251)

Sec. 1. It is the finding of the General Assembly:

(a) That the use, transportation, storage and manufacture of hazardous materials creates a substantial risk that accidents will occur involving such hazardous materials;

(b) That accidents involving hazardous materials create an unreasonable risk to the health, safety and welfare of the People of Illinois;

(c) That the federal government promulgates regulations for the interstate transportation of hazardous materials, but that the People of Illinois can benefit by having such precautions as those included in federal regulation extended to intrastate transportation and other activities which might result in an accident involving hazardous materials;

(d) That often the emergency agency which first responds to an accident involving a hazardous material is unable to determine the nature of the material and is unfamiliar with precautionary measures which must be exercised in handling the material, with resulting use of incorrect emergency procedures endangering both members of the emergency agency and the public; and

(e) That response to hazardous materials emergencies can be accomplished more rapidly and with greater efficiency if one agency of State government with the necessary communications network is designated as the central reporting agency in case of emergency.

(Source: P.A. 79-1442.)

(430 ILCS 50/2) (from Ch. 127, par. 1252)

Sec. 2. Definitions. The following words and phrases shall have the meaning ascribed to them in Sections 2.01 through 2.08, unless their context implies otherwise:

(Source: P.A. 79-1442.)

(430 ILCS 50/2.01) (from Ch. 127, par. 1252.01)

Sec. 2.01. "Person" means any natural person or individual, firm, association, partnership, co-partnership, joint venture, company, corporation, joint stock company, trust, estate or any other legal entity, or their legal representative, agent or assigns.

(Source: P.A. 79-1442.)

(430 ILCS 50/2.02) (from Ch. 127, par. 1252.02)

Sec. 2.02. "Department" means the Illinois Department of Transportation.

(Source: P.A. 79-1442.)

(430 ILCS 50/2.03) (from Ch. 127, par. 1252.03)

Sec. 2.03. "Agency" means the Illinois Emergency Management Agency.

(Source: P.A. 87-168.)

(430 ILCS 50/2.04) (from Ch. 127, par. 1252.04)

Sec. 2.04. (Repealed).

(Source: P.A. 79-1442. Repealed by P.A. 100-129, eff. 1-1-18.)

(430 ILCS 50/2.05) (from Ch. 127, par. 1252.05)

Sec. 2.05. "Hazardous material" means a substance or material in a quantity and form which may pose an unreasonable risk to health and safety or property and which is designated a hazardous material pursuant to the "Hazardous Materials Transportation Act", (PL 93-633).

(Source: P.A. 79-1442.)

(430 ILCS 50/2.06) (from Ch. 127, par. 1252.06)

Sec. 2.06. "Emergency agency" means police, fire, civil defense, Illinois Emergency Management Agency, or any other agency or department charged with the responsibility of responding to an accident involving hazardous materials.

(Source: P.A. 87-168.)

(430 ILCS 50/2.07) (from Ch. 127, par. 1252.07)

Sec. 2.07. "Etiologic agents" means the causative agent of disease as defined in Title 18 USC, Section 831 through 837 as hereafter amended and regulations adopted pursuant thereto.

(Source: P.A. 79-1442.)

(430 ILCS 50/2.08) (from Ch. 127, par. 1252.08)

Sec. 2.08. "Transportation" means transportation by surface or rail.

(Source: P.A. 79-1442.)

(430 ILCS 50/3) (from Ch. 127, par. 1253)

Sec. 3. It is the purpose of this Act to require the Illinois Department of Transportation to adopt by regulation the federal hazardous materials placarding regulations promulgated under the Hazardous Materials Transportation Act (PL 93-633) for interstate and intrastate transportation of hazardous materials as they are applicable in the State of Illinois, and to recommend that units of local government adopt regulations for hazard signage systems applicable to the use, storage, and manufacture of hazardous materials with the following exceptions:

(a) No hazard signage system or State placarding requirements shall apply to the use, storage, or transportation of a hazardous material that is located on a farm and that is used solely for agricultural purposes. It is not the purpose of this Section to exempt the owner of an agricultural hazardous material from reporting an accident involving the material as required in Sections 7 and 7.01 of this Act, nor is it the purpose of this Section to exempt from the placarding requirements the storage, transportation or manufacture of a hazardous material that is an agricultural material when the material is in the possession of the manufacturer, distributor, dealer, retailer or any other person who handles the material in larger quantities than those designed for consumer use or for any purpose other than its intended agricultural usage.

(b) (Blank).

(c) No placarding requirements or hazard signage requirements adopted pursuant to this Act shall apply to pipelines or meters involved in the transmission of natural or flammable gas by a public utility as defined in the Public Utilities Act.

(d) This Act does not authorize the Department to require any placarding system for transportation of hazardous materials that is inconsistent with any placarding system required by Federal law or regulation, nor does it authorize the Department to require any placarding system or other standards for transportation of hazardous materials that is more stringent than any placarding system or standard required by the federal law or regulations in situations where a federal placarding system exists.

(Source: P.A. 90-449, eff. 8-16-97.)

(430 ILCS 50/4) (from Ch. 127, par. 1254)

Sec. 4. (Repealed).

(Source: P.A. 99-642, eff. 7-28-16. Repealed by P.A. 100-129, eff. 1-1-18.)

(430 ILCS 50/5) (from Ch. 127, par. 1255)

Sec. 5. The Agency or the Department shall exercise the applicable powers and duties granted in Sections 5.01 through 5.10. Units of local government may exercise the powers granted in Section 5.11.

(Source: P.A. 90-449, eff. 8-16-97.)

(430 ILCS 50/5.01) (from Ch. 127, par. 1255.01)

Sec. 5.01. To adopt by regulation the hazardous materials placarding requirements promulgated pursuant to the "Hazardous Materials Transportation Act" (PL 93-633) and to apply those regulations to all interstate and intrastate transportation of hazardous materials.

(Source: P.A. 79-1442.)

(430 ILCS 50/5.02) (from Ch. 127, par. 1255.02)

Sec. 5.02. (Repealed).

(Source: P.A. 79-1442. Repealed by P.A. 90-449, eff. 8-16-97.)

(430 ILCS 50/5.03) (from Ch. 127, par. 1255.03)

Sec. 5.03. To establish a program for utilization of the State's communication systems (a) to accept telephone reports of accidents involving hazardous materials; (b) to relate to the emergency agencies in the vicinity of the accident any information available about the location and type of accident, nature of the hazardous material involved, and any precautions which should be taken in handling the material; and (c) to report to and coordinate with the other State agencies or departments which might be knowledgeable about the type of accident or the hazardous material involved and with the United States Department of Transportation.

All files, records and data gathered by the Agency or 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. 100-129, eff. 1-1-18.)

(430 ILCS 50/5.04) (from Ch. 127, par. 1255.04)

Sec. 5.04. To provide emergency agencies with all necessary telephone numbers and other communications information that can help them report and respond more quickly to an accident involving a hazardous material.

(Source: P.A. 79-1442.)

(430 ILCS 50/5.05) (from Ch. 127, par. 1255.05)

Sec. 5.05. To provide emergency telephone numbers and other communications information to persons who are involved in the use, storage, transportation, or manufacture of hazardous materials.

(Source: P.A. 79-1442.)

(430 ILCS 50/5.06) (from Ch. 127, par. 1255.06)

Sec. 5.06. To provide to persons who are involved in the use, storage, transportation, or manufacture of hazardous materials, and to the emergency services, information regarding reference centers, including national toll free telephone numbers which provide information on the handling of hazardous materials.

(Source: P.A. 79-1442.)

(430 ILCS 50/5.07) (from Ch. 127, par. 1255.07)

Sec. 5.07. To determine which department or agency can best, within the statutory scope of its duties, inspect facilities and equipment for the use, storage, transportation, and manufacture of hazardous materials to determine whether they are in compliance with applicable federal or State regulations.

(Source: P.A. 100-129, eff. 1-1-18.)

(430 ILCS 50/5.08) (from Ch. 127, par. 1255.08)

Sec. 5.08. To determine, define and implement the standards applicable in the State of Illinois to the regulation of hazardous materials to insure that such standards are not conflicting.

(Source: P.A. 79-1442.)

(430 ILCS 50/5.09) (from Ch. 127, par. 1255.09)

Sec. 5.09. To provide for a period of 90 days following the adoption of any hazard communication system or any other regulation or requirement, during which any person engaged in the use, storage, transportation or manufacture of hazardous materials shall take the necessary steps to comply with such hazard communication system or any other regulation or requirement. Copies of any hazard communication systems or any other regulation or requirement which is adopted shall be filed with the Secretary of State and shall be available to the public at a reasonable cost for the copying thereof.

(Source: P.A. 90-449, eff. 8-16-97.)

(430 ILCS 50/5.10) (from Ch. 127, par. 1255.10)

Sec. 5.10. The Illinois Department of Transportation shall have major jurisdiction over the placarding of the transportation of hazardous materials and the Illinois Emergency Management Agency shall have major jurisdiction in implementing all other requirements of this Act.

(Source: P.A. 87-168.)

(430 ILCS 50/5.11)

Sec. 5.11. Units of local government; hazard signage systems.

(a) A unit of local government may adopt ordinances or regulations requiring a hazard signage system applicable to equipment, facilities, structures, or locations involved in the use, storage, or manufacture of hazardous materials. The hazard signage system (such as, but not limited to, the National Fire Protection Association standard "NFPA 704" system as specified in its Standard System for the Identification of the Fire Hazards of Materials for Emergency Response) shall be consistent with any such signage required by federal law or regulation.

(b) An ordinance or regulation adopted by a unit of local government under this Section requiring a hazard signage system may not take effect sooner than 90 days after its adoption by the unit of local government.

(c) A home rule unit may not regulate hazard signage systems in a manner inconsistent with the regulation of those systems by the State under this Act or by the federal government. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(Source: P.A. 90-449, eff. 8-16-97.)

(430 ILCS 50/6) (from Ch. 127, par. 1256)

Sec. 6. It is the responsibility of any person who leases, operates or controls any facilities, equipment, structures, or locations for the use, storage, or manufacture of hazardous materials to display on such facility, equipment, structure, or location appropriate hazard signage as described and in such manner as provided by regulation promulgated pursuant to Section 5 of this Act or as provided by ordinance or regulation adopted by a unit of local government pursuant to Section 5.11.

(Source: P.A. 90-449, eff. 8-16-97.)

(430 ILCS 50/7) (from Ch. 127, par. 1257)

Sec. 7. The Illinois Emergency Management Agency may, by rule or regulation, require telephone and written notification of incidents or accidents that involve hazardous materials. The notification may include, but shall not be limited to: information about the name, classification, quantity, chemical and physical properties, and health hazards of the hazardous materials; a description of the incident or accident; precautionary measures to be taken; and the name, address, and telephone number of the reporter.

(Source: P.A. 87-168.)

(430 ILCS 50/7.01) (from Ch. 127, par. 1257.01)

Sec. 7.01. It is the responsibility of any person who owns, leases, operates or controls any facilities or equipment for the use, storage, transportation, or manufacture of hazardous materials or his agent or employee to report to the nearest emergency agency and to the Illinois Emergency Management Agency the information required by any rule or regulation promulgated under Section 7.

(Source: P.A. 87-168.)

(430 ILCS 50/8) (from Ch. 127, par. 1258)

Sec. 8. Any person who fails to comply with the requirements of or violates any of the provisions of Section 6 of this Act or the rules and regulations promulgated pursuant to those Sections or who fails to comply with the requirements of or violates any of the provisions of an ordinance or regulation adopted by a unit of local government pursuant to Section 5.11 shall be guilty of a Class C misdemeanor for the first offense or a Class B misdemeanor for second and subsequent offenses.

(Source: P.A. 90-449, eff. 8-16-97.)

(430 ILCS 50/8.01) (from Ch. 127, par. 1258.01)

Sec. 8.01. Any person who fails to comply with the requirements of or violates any of the provisions of Sections 7 and 7.01 of this Act or the rules and regulations of the Agency promulgated pursuant to those sections, shall be guilty of a Class B misdemeanor for the first offense or a Class A misdemeanor for second and subsequent offenses. Any violation of Section 7 of this Act by an agent or employee of a person who owns, leases, operates or controls any facilities or equipment for the use, storage, transportation, or manufacture of hazardous materials shall be considered to be a violation by the person who owns, leases, operates or controls the material.

(Source: P.A. 81-384.)

(430 ILCS 50/8.02) (from Ch. 127, par. 1258.02)

Sec. 8.02. The State's Attorney or the Attorney General may, without delay, institute an action in a court of competent jurisdiction for penalties authorized by this Act as well as for other remedies, including injunctive relief, that are necessary to restrain or remedy violations of this Act, except that no prosecution may be commenced under this Act against any defendant who, at the time, is a defendant with regard to any current pending complaint, information or indictment filed by the United States for violation of the "Hazardous Materials Transportation Act" (PL 93-633) if the federal complaint, information or indictment is based on the same alleged action or inaction by the defendant which would be cause for prosecution under this Act.

(Source: P.A. 90-449, eff. 8-16-97.)

(430 ILCS 50/8.03) (from Ch. 127, par. 1258.03)

Sec. 8.03. Any person or entity who violates any provision of this Act, or any ordinance, rule, regulation or order made pursuant to this Act, shall be liable for a civil penalty of not to exceed $10,000 for each violation, and an additional civil penalty of not to exceed $1,000 for each day during which violation continues.

(Source: P.A. 90-449, eff. 8-16-97.)

(430 ILCS 50/9) (from Ch. 127, par. 1259)

Sec. 9. Nothing in this Act shall be construed to affect the jurisdiction or responsibilities of police forces, fire fighting forces, or of any personnel of such forces, when on active duty.

(Source: P.A. 79-1442.)

(430 ILCS 50/15) (from Ch. 127, par. 1260)

Sec. 15. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid application or provision, and to this end, the provisions of this Act are declared to be severable.

(Source: P.A. 79-1442.)