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| [ House Amendment 002 ] |
90_SB0689
430 ILCS 50/3 from Ch. 127, par. 1253
430 ILCS 50/4 from Ch. 127, par. 1254
430 ILCS 50/5.07 from Ch. 127, par. 1255.07
430 ILCS 50/5.09 from Ch. 127, par. 1255.09
430 ILCS 50/6 from Ch. 127, par. 1256
430 ILCS 50/8 from Ch. 127, par. 1258
430 ILCS 50/8.02 from Ch. 127, par. 1258.02
430 ILCS 50/5.02 rep.
Amends the Hazardous Materials Emergency Act. Provides
that a purpose of the Act is to recommend that units of local
government adopt regulations for placarding the use, storage,
and manufacture of hazardous materials (rather than to
require the Illinois Emergency Management Agency to adopt
such regulations), and provides for adoption of such
regulations by units of local government. Increases the
Hazardous Materials Advisory Board from 20 to 21 members;
adds the Executive Director of the Illinois Law Enforcement
Training Standards Board and the Director of the Illinois
Fire Service Institute, University of Illinois; deletes the
Director of the Office of Mines and Minerals in the
Department of Natural Resources. Provides that the State's
Attorney or the Attorney General may institute an action for
penalties or other remedies to restrain or remedy violations
of the Act. (Now, it is the State's Attorney's duty to
institute appropriate proceedings.) Makes other changes.
Effective immediately.
LRB9000098DJccA
LRB9000098DJccA
1 AN ACT to amend the Hazardous Materials Emergency Act by
2 changing Sections 3, 4, 5.07, 5.09, 6, 8, and 8.02 and by
3 repealing Section 5.02.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Hazardous Materials Emergency Act is
7 amended by changing Sections 3, 4, 5.07, 5.09, 6, 8, and
8 8.02 as follows:
9 (430 ILCS 50/3) (from Ch. 127, par. 1253)
10 Sec. 3. It is the purpose of this Act to require the
11 Illinois Department of Transportation to adopt by regulation
12 the federal hazardous materials placarding regulations
13 promulgated under the Hazardous Materials Transportation Act
14 (PL 93-633) for interstate and intrastate transportation of
15 hazardous materials as they are applicable in the State of
16 Illinois, and to recommend that units of local government
17 require the Illinois Emergency Management Agency to adopt
18 regulations for placarding the use, storage, and manufacture
19 of hazardous materials with the following exceptions:
20 (a) No State placarding requirements shall apply to the
21 use, storage, or transportation of a hazardous material that
22 is located on a farm or being transported to a farm and that
23 is used solely for agricultural purposes. It is not the
24 purpose of this Section to exempt the owner of an
25 agricultural hazardous material from reporting an accident
26 involving the material as required in Sections 7 and 7.01 of
27 this Act, nor is it the purpose of this Section to exempt
28 from the placarding requirements the storage, transportation
29 or manufacture of a hazardous material that is an
30 agricultural material when the material is in the possession
31 of the manufacturer, distributor, dealer, retailer or any
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1 other person who handles the material in larger quantities
2 than those designed for consumer use or for any purpose other
3 than its intended agricultural usage.
4 (b) (Blank). If the Agency determines, after public
5 hearing, that State required placarding of a hazardous
6 material during use, storage or manufacture may draw
7 attention to the material and thereby endanger the public
8 health and safety, the Agency may, by regulation, exempt any
9 hazardous material or class of hazardous materials from the
10 State placarding requirements, except that no regulations
11 shall be adopted exempting a hazardous material from
12 placarding without the approval of the Hazardous Materials
13 Advisory Board.
14 (c) No State placarding requirements shall apply to
15 pipelines or meters involved in the transmission of natural
16 or flammable gas by a public utility as defined in the
17 Public Utilities Act.
18 (d) This Act does not authorize the Department to
19 require any placarding system for transportation of hazardous
20 materials that is inconsistent with any placarding system
21 required by Federal law or regulation, nor does it authorize
22 the Department to require any placarding system or other
23 standards for transportation of hazardous materials that is
24 more stringent than any placarding system or standard
25 required by the federal law or regulations in situations
26 where a federal placarding system exists.
27 (Source: P.A. 87-168.)
28 (430 ILCS 50/4) (from Ch. 127, par. 1254)
29 Sec. 4. There is hereby created a Hazardous Materials
30 Advisory Board, composed of 21 20 members as follows: the
31 Director of the Illinois Emergency Management Agency, or his
32 designee; the Director of Agriculture or his designee; the
33 Director of the Office of Mines and Minerals in the
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1 Department of Natural Resources or his designee; the Chairman
2 of the Illinois Commerce Commission or his designee; the
3 Director of Public Health or his designee; the Director of
4 the Environmental Protection Agency or his designee; the
5 Secretary of Transportation or his designee; the State Fire
6 Marshal or his designee; the Director of State Police or his
7 designee; the Director of Natural Resources or his designee;
8 the Illinois Attorney General or his designee; the Director
9 of Nuclear Safety or his designee; the Executive Director of
10 the Illinois Law Enforcement Training Standards Board or his
11 designee; the Director of the Illinois Fire Service
12 Institute, University of Illinois, or his designee; and a
13 representative from the Illinois Association of Chiefs of
14 Police; the Illinois Fire Chief's Association; the Illinois
15 Sheriff's Association; the Illinois Emergency Services
16 Management Association; and 4 members appointed by the
17 Governor, one of whom shall represent volunteer firefighters
18 firemen, one of whom shall represent the local emergency
19 response service and two shall represent the business
20 community. The Chairman shall be selected by the membership
21 from those members not representing a State agency.
22 The Board shall meet within 90 days of the effective date
23 of this amendatory Act of 1984 to select a chairman, other
24 officers and establish an organization structure as the
25 members deem necessary and thereafter at the call of the
26 chair or any 11 members. A person who has been designated by
27 the Director of his department to represent the Director on
28 the Board shall be entitled to vote on all questions before
29 the Board. Eleven members of the Board constitute a quorum,
30 except that where members have not been appointed or
31 designated to the Board, a quorum shall be constituted by a
32 simple majority of the appointed or designated membership.
33 The Board shall advise and make recommendations to the
34 Agency regarding the placarding of hazardous materials in
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1 fixed locations and the reporting of an accident involving
2 hazardous materials and to the Department regarding the
3 placarding of transportation of hazardous materials. The
4 Board shall design a program and develop a Statewide plan
5 providing for a coordinating system among State agencies and
6 departments and units of local government, for response to
7 accidents involving hazardous materials. Every attempt shall
8 be made to avoid requiring any person to report an accident
9 involving hazardous materials to more than one State agency.
10 If at all possible, the primary agency receiving the reports
11 shall be the Illinois Emergency Management Agency, and that
12 agency shall relay reports to other State and local agencies.
13 In developing the Statewide Emergency Response Plan, the
14 Board shall organize the State into Regional Emergency
15 Response Districts, identifying the available resources in
16 each District and assuring that the Plan incorporates those
17 existing resources. Effort shall be made to create a
18 Statewide Plan that allows response to a hazardous material
19 incident within 20 minutes of its report.
20 The Board shall form from among its members, an Emergency
21 Response Training and Standards Committee. The Secretary of
22 Transportation or his designee, the State Fire Marshal or his
23 designee, and the representatives from the Chiefs of Police,
24 Fire Chiefs and Sheriff's Association shall also serve on the
25 Committee. It shall be the duty of this Committee, with
26 final approval of the Board, to recommend standardized
27 training courses for firefighters firemen, police officers,
28 and other hazardous material emergency response personnel of
29 the State and local governments; to recommend standards for
30 hazardous material emergency response equipment; and
31 recommend standards for achievement levels for the various
32 hazardous material emergency response personnel. The
33 standardized courses shall include training for firefighters
34 firemen, police officers, and other hazardous material
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1 emergency response personnel described in the federal
2 regulations relating to the placarding system that has been
3 promulgated under the Hazardous Materials Transportation Act
4 (P.L. 93-633).
5 The Board shall review and recommend the material to be
6 provided under Sections 5.04, 5.05, and 5.06 of this Act and
7 assure the development of a plan for those activities in
8 Section 5.07 of this Act.
9 The Board shall have the duty to study and recommend to
10 the various State agencies, local governments and the General
11 Assembly any aspect of placarding, hazardous material
12 emergency response personnel, the equipment used in hazardous
13 material emergency response, the planning for hazardous
14 material emergency response, and the dissemination of
15 information concerning these areas.
16 The Department of Transportation and the Illinois
17 Emergency Management Agency shall furnish meeting facilities,
18 staff, and other administrative needs of the Board. The
19 Agency or the Department shall inform the Board whenever the
20 Agency or the Department is considering the adoption of any
21 regulations under this Act. The Agency or the Department
22 shall send a copy of all proposed regulations to each member
23 of the Board; the Board shall be represented at all public
24 hearings regarding proposals for and changes in Agency or the
25 Department regulations. The Board may, at its discretion,
26 present the Agency or the Department with its written
27 evaluation of the proposed regulations or changes.
28 Before the Agency or the Department exempts any hazardous
29 material from the placarding regulations, under Section 3 of
30 this Act, the Board must approve the regulations providing
31 for the exemption.
32 By January 1, 1978, the Board shall determine which
33 persons involved in the use, storage, transportation, or
34 manufacture of hazardous materials can be inspected for
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1 compliance with the placarding provisions of this Act within
2 the current statutory scope of each agency or department of
3 State government. If the Board determines that there are
4 specific categories of persons regulated by this Act who
5 cannot readily be inspected by existing personnel within the
6 statutory authority of the departments and agencies, or if
7 the Board determines that the purpose of this Act can be
8 better served by a centralized inspection responsibility, the
9 Board shall propose statutory changes to the General Assembly
10 to provide for the inspection.
11 (Source: P.A. 89-445, eff. 2-7-96.)
12 (430 ILCS 50/5.07) (from Ch. 127, par. 1255.07)
13 Sec. 5.07. To coordinate with the other members of the
14 Board to determine which department or agency can best,
15 within the statutory scope of its duties, inspect facilities
16 and equipment for the use, storage, transportation, and
17 manufacture of hazardous materials to determine whether they
18 are in compliance with existing federal or State regulations
19 the placarding provisions of this Act.
20 (Source: P.A. 79-1442.)
21 (430 ILCS 50/5.09) (from Ch. 127, par. 1255.09)
22 Sec. 5.09. To provide for a period of 90 days following
23 the adoption of any hazard placarding system, communication
24 system or any other regulation or requirement, during which
25 any person engaged in the use, storage, transportation or
26 manufacture of hazardous materials or any local emergency
27 response agency shall take the necessary steps to comply with
28 such hazard placarding system, communication system or any
29 other regulation or requirement. Copies of any hazard
30 placarding systems, communication systems or any other
31 regulation or requirement which is adopted shall be filed
32 with the Secretary of State and shall be available to the
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1 public at a reasonable cost for the copying thereof.
2 (Source: P.A. 79-1442.)
3 (430 ILCS 50/6) (from Ch. 127, par. 1256)
4 Sec. 6. It is the responsibility of any person who
5 leases, operates or controls any facilities or equipment for
6 the use, storage, transportation, or manufacture of hazardous
7 materials to display on such facility or equipment placards
8 as described and in such manner as provided by regulation
9 promulgated by a unit of local government the Agency or the
10 Department pursuant to Section 5 of this Act.
11 (Source: P.A. 79-1442.)
12 (430 ILCS 50/8) (from Ch. 127, par. 1258)
13 Sec. 8. Any person who fails to comply with the
14 requirements of or violates any of the provisions of Section
15 6 of this Act or the rules and regulations promulgated by a
16 unit of local government the Agency or the Department
17 pursuant to those Sections, shall be guilty of a Class C
18 misdemeanor for the first offense or a Class B misdemeanor
19 for second and subsequent offenses.
20 (Source: P.A. 81-384.)
21 (430 ILCS 50/8.02) (from Ch. 127, par. 1258.02)
22 Sec. 8.02. The State's Attorney or the Attorney General
23 may, without delay, institute an action in a court of
24 competent jurisdiction for penalties authorized by this Act
25 as well as for other remedies, including injunctive relief,
26 that are necessary to restrain or remedy violations of this
27 Act It shall be the duty of each State's Attorney to whom any
28 violation is reported to cause appropriate proceedings to be
29 instituted and prosecuted in a court of competent
30 jurisdiction without delay, except that no prosecution may be
31 commenced the State's Attorney shall not commence
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1 prosecutions under this Act against any defendant who, at the
2 time, is a defendant with regard to any current pending
3 complaint, information or indictment filed by the United
4 States for violation of the "Hazardous Materials
5 Transportation Act" (PL 93-633) if the federal complaint,
6 information or indictment is based on the same alleged action
7 or inaction by the defendant which would be cause for
8 prosecution under this Act.
9 (Source: P.A. 79-1442.)
10 (430 ILCS 50/5.02 rep.)
11 Section 90. The Hazardous Materials Emergency Act is
12 amended by repealing Section 5.02.
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.