(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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