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[ House Amendment 002 ] |
90_SB0689enr 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 SB689 Enrolled LRB9000098DJccA 1 AN ACT to amend the Hazardous Materials Emergency Act by 2 changing Sections 3, 4, 5, 5.07, 5.09, 6, 8, 8.02, and 8.03, 3 by adding Section 5.11, and by 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, 5.07, 5.09, 6, 8, 8.02, 8 and 8.03 and by adding Section 5.11 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 17require the Illinois Emergency Management Agency toadopt 18 regulations for hazard signage systems applicable to 19placardingthe use, storage, and manufacture of hazardous 20 materials with the following exceptions: 21 (a) No hazard signage system or State placarding 22 requirements shall apply to the use, storage, or 23 transportation of a hazardous material that is located on a 24 farmor being transported to a farmand that is used solely 25 for agricultural purposes. It is not the purpose of this 26 Section to exempt the owner of an agricultural hazardous 27 material from reporting an accident involving the material as 28 required in Sections 7 and 7.01 of this Act, nor is it the 29 purpose of this Section to exempt from the placarding 30 requirements the storage, transportation or manufacture of a 31 hazardous material that is an agricultural material when the SB689 Enrolled -2- LRB9000098DJccA 1 material is in the possession of the manufacturer, 2 distributor, dealer, retailer or any other person who handles 3 the material in larger quantities than those designed for 4 consumer use or for any purpose other than its intended 5 agricultural usage. 6 (b) (Blank).If the Agency determines, after public7hearing, that State required placarding of a hazardous8material during use, storage or manufacture may draw9attention to the material and thereby endanger the public10health and safety, the Agency may, by regulation, exempt any11hazardous material or class of hazardous materials from the12State placarding requirements, except that no regulations13shall be adopted exempting a hazardous material from14placarding without the approval of the Hazardous Materials15Advisory Board.16 (c) NoStateplacarding requirements or hazard signage 17 requirements adopted pursuant to this Act shall apply to 18 pipelines or meters involved in the transmission of natural 19 or flammable gas by a public utility as defined in the 20 Public Utilities Act. 21 (d) This Act does not authorize the Department to 22 require any placarding system for transportation of hazardous 23 materials that is inconsistent with any placarding system 24 required by Federal law or regulation, nor does it authorize 25 the Department to require any placarding system or other 26 standards for transportation of hazardous materials that is 27 more stringent than any placarding system or standard 28 required by the federal law or regulations in situations 29 where a federal placarding system exists. 30 (Source: P.A. 87-168.) 31 (430 ILCS 50/4) (from Ch. 127, par. 1254) 32 Sec. 4. There is hereby created a Hazardous Materials 33 Advisory Board, composed of 2120members as follows: the SB689 Enrolled -3- LRB9000098DJccA 1 Director of the Illinois Emergency Management Agency, or his 2 designee; the Director of Agriculture or his designee;the3Director of the Office of Mines and Minerals in the4Department of Natural Resources or his designee;the Chairman 5 of the Illinois Commerce Commission or his designee; the 6 Director of Public Health or his designee; the Director of 7 the Environmental Protection Agency or his designee; the 8 Secretary of Transportation or his designee; the State Fire 9 Marshal or his designee; the Director of State Police or his 10 designee; the Director of Natural Resources or his designee; 11 the Illinois Attorney General or his designee; the Director 12 of Nuclear Safety or his designee; the Executive Director of 13 the Illinois Law Enforcement Training Standards Board or his 14 designee; the Director of the Illinois Fire Service 15 Institute, University of Illinois, or his designee; and a 16 representative from the Illinois Association of Chiefs of 17 Police; the Illinois Fire Chief's Association; the Illinois 18 Sheriff's Association; the Illinois Emergency Services 19 Management Association; and 4 members appointed by the 20 Governor, one of whom shall represent volunteer firefighters 21firemen, one of whom shall represent the local emergency 22 response service and two shall represent the business 23 community. The Chairman shall be selected by the membership 24 from those members not representing a State agency. 25 The Board shall meet within 90 days of the effective date 26 of this amendatory Act of 1984 to select a chairman, other 27 officers and establish an organization structure as the 28 members deem necessary and thereafter at the call of the 29 chair or any 11 members. A person who has been designated by 30 the Director of his department to represent the Director on 31 the Board shall be entitled to vote on all questions before 32 the Board. Eleven members of the Board constitute a quorum, 33 except that where members have not been appointed or 34 designated to the Board, a quorum shall be constituted by a SB689 Enrolled -4- LRB9000098DJccA 1 simple majority of the appointed or designated membership. 2 The Board shall advise and make recommendations to the 3 Agency regardingthe placarding of hazardous materials in4fixed locations andthe reporting of an accident involving 5 hazardous materials and to the Department regarding the 6 placarding of transportation of hazardous materials. The 7 Board shall design a program and develop a Statewide plan 8 providing for a coordinating system among State agencies and 9 departments and units of local government, for response to 10 accidents involving hazardous materials. Every attempt shall 11 be made to avoid requiring any person to report an accident 12 involving hazardous materials to more than one State agency. 13 If at all possible, the primary agency receiving the reports 14 shall be the Illinois Emergency Management Agency, and that 15 agency shall relay reports to other State and local agencies. 16In developing the Statewide Emergency Response Plan, the17Board shall organize the State into Regional Emergency18Response Districts, identifying the available resources in19each District and assuring that the Plan incorporates those20existing resources. Effort shall be made to create a21Statewide Plan that allows response to a hazardous material22incident within 20 minutes of its report.23 The Board shall form from among its members, an Emergency 24 Response Training and Standards Committee. The Secretary of 25 Transportation or his designee, the State Fire Marshal or his 26 designee, and the representatives from the Chiefs of Police, 27 Fire Chiefs and Sheriff's Association shall also serve on the 28 Committee. It shall be the duty of this Committee, with 29 final approval of the Board, to recommend standardized 30 training courses for firefightersfiremen, police officers, 31 and other hazardous material emergency response personnel of 32 the State and local governments; to recommend standards for 33 hazardous material emergency response equipment; and 34 recommend standards for achievement levels for the various SB689 Enrolled -5- LRB9000098DJccA 1 hazardous material emergency response personnel. The 2 standardized courses shall include training for firefighters 3firemen, police officers, and other hazardous material 4 emergency response personnel described in the federal 5 regulations relating to the placarding system that has been 6 promulgated under the Hazardous Materials Transportation Act 7 (P.L. 93-633). 8 The Board shall review and recommend the material to be 9 provided under Sections 5.04, 5.05, and 5.06 of this Act and 10 assure the development of a plan for those activities in 11 Section 5.07 of this Act. 12 The Board shall have the duty to study and recommend to 13 the various State agencies, local governments and the General 14 Assembly any aspect of placarding in transportation, hazard 15 signage systems, the training of hazardous material emergency 16 response personnel, the equipment used in hazardous material 17 emergency response, the planning for hazardous material 18 emergency response, and the dissemination of information 19 concerning these areas. 20 The Department of Transportation and the Illinois 21 Emergency Management Agency shall furnish meeting facilities, 22 staff, and other administrative needs of the Board. The 23 Agency or the Department shall inform the Board whenever the 24 Agency or the Department is considering the adoption of any 25 regulations under this Act. The Agency or the Department 26 shall send a copy of all proposed regulations to each member 27 of the Board; the Board shall be represented at all public 28 hearings regarding proposals for and changes in Agency or the 29 Department regulations. The Board may, at its discretion, 30 present the Agency or the Department with its written 31 evaluation of the proposed regulations or changes. 32 Beforethe Agency orthe Department exempts any hazardous 33 material from the placarding regulations, under Section 3 of 34 this Act, the Board must approve the regulations providing SB689 Enrolled -6- LRB9000098DJccA 1 for the exemption. 2By January 1, 1978, the Board shall determine which3persons involved in the use, storage, transportation, or4manufacture of hazardous materials can be inspected for5compliance with the placarding provisions of this Act within6the current statutory scope of each agency or department of7State government. If the Board determines that there are8specific categories of persons regulated by this Act who9cannot readily be inspected by existing personnel within the10statutory authority of the departments and agencies, or if11the Board determines that the purpose of this Act can be12better served by a centralized inspection responsibility, the13Board shall propose statutory changes to the General Assembly14to provide for the inspection.15 (Source: P.A. 89-445, eff. 2-7-96.) 16 (430 ILCS 50/5) (from Ch. 127, par. 1255) 17 Sec. 5. The Agency or the Department shall exercise the 18 applicable powers and duties granted in Sections 5.01 through 19 5.10. Units of local government may exercise the powers 20 granted in Section 5.11.:21 (Source: P.A. 79-1442.) 22 (430 ILCS 50/5.07) (from Ch. 127, par. 1255.07) 23 Sec. 5.07. To coordinate with the other members of the 24 Board to determine which department or agency can best, 25 within the statutory scope of its duties, inspect facilities 26 and equipment for the use, storage, transportation, and 27 manufacture of hazardous materials to determine whether they 28 are in compliance with applicable federal or State 29 regulationsthe placarding provisions of this Act. 30 (Source: P.A. 79-1442.) 31 (430 ILCS 50/5.09) (from Ch. 127, par. 1255.09) SB689 Enrolled -7- LRB9000098DJccA 1 Sec. 5.09. To provide for a period of 90 days following 2 the adoption of any hazardplacarding system,communication 3 system or any other regulation or requirement, during which 4 any person engaged in the use, storage, transportation or 5 manufacture of hazardous materialsor any local emergency6response agencyshall take the necessary steps to comply 7 with such hazardplacarding system,communication system or 8 any other regulation or requirement. Copies of any hazard 9placarding systems,communication systems or any other 10 regulation or requirement which is adopted shall be filed 11 with the Secretary of State and shall be available to the 12 public at a reasonable cost for the copying thereof. 13 (Source: P.A. 79-1442.) 14 (430 ILCS 50/5.11 new) 15 Sec. 5.11. Units of local government; hazard signage 16 systems. 17 (a) A unit of local government may adopt ordinances or 18 regulations requiring a hazard signage system applicable to 19 equipment, facilities, structures, or locations involved in 20 the use, storage, or manufacture of hazardous materials. 21 The hazard signage system (such as, but not limited to, the 22 National Fire Protection Association standard "NFPA 704" 23 system as specified in its Standard System for the 24 Identification of the Fire Hazards of Materials for 25 Emergency Response) shall be consistent with any such 26 signage required by federal law or regulation. 27 (b) An ordinance or regulation adopted by a unit of 28 local government under this Section requiring a hazard 29 signage system may not take effect sooner than 90 days after 30 its adoption by the unit of local government. 31 (c) A home rule unit may not regulate hazard signage 32 systems in a manner inconsistent with the regulation of 33 those systems by the State under this Act or by the federal SB689 Enrolled -8- LRB9000098DJccA 1 government. This Section is a limitation under subsection 2 (i) of Section 6 of Article VII of the Illinois Constitution 3 on the concurrent exercise by home rule units of powers and 4 functions exercised by the State. 5 (430 ILCS 50/6) (from Ch. 127, par. 1256) 6 Sec. 6. It is the responsibility of any person who 7 leases, operates or controls any facilities,orequipment, 8 structures, or locations for the use, storage, 9transportation,or manufacture of hazardous materials to 10 display on such facility,orequipment, structure, or 11 location appropriate hazard signage as described and in such 12 manner as provided by regulation promulgatedby the Agency or13the Departmentpursuant to Section 5 of this Act or as 14 provided by ordinance or regulation adopted by a unit of 15 local government pursuant to Section 5.11. 16 (Source: P.A. 79-1442.) 17 (430 ILCS 50/8) (from Ch. 127, par. 1258) 18 Sec. 8. Any person who fails to comply with the 19 requirements of or violates any of the provisions of Section 20 6 of this Act or the rules and regulations promulgatedby21the Agency or the Departmentpursuant to those Sections or 22 who fails to comply with the requirements of or violates any 23 of the provisions of an ordinance or regulation adopted by a 24 unit of local government pursuant to Section 5.11,shall be 25 guilty of a Class C misdemeanor for the first offense or a 26 Class B misdemeanor for second and subsequent offenses. 27 (Source: P.A. 81-384.) 28 (430 ILCS 50/8.02) (from Ch. 127, par. 1258.02) 29 Sec. 8.02. The State's Attorney or the Attorney General 30 may, without delay, institute an action in a court of 31 competent jurisdiction for penalties authorized by this Act SB689 Enrolled -9- LRB9000098DJccA 1 as well as for other remedies, including injunctive relief, 2 that are necessary to restrain or remedy violations of this 3 ActIt shall be the duty of each State's Attorney to whom any4violation is reported to cause appropriate proceedings to be5instituted and prosecuted in a court of competent6jurisdiction without delay, except that no prosecution may be 7 commencedthe State's Attorney shall not commence8prosecutionsunder this Act against any defendant who, at the 9 time, is a defendant with regard to any current pending 10 complaint, information or indictment filed by the United 11 States for violation of the "Hazardous Materials 12 Transportation Act" (PL 93-633) if the federal complaint, 13 information or indictment is based on the same alleged action 14 or inaction by the defendant which would be cause for 15 prosecution under this Act. 16 (Source: P.A. 79-1442.) 17 (430 ILCS 50/8.03) (from Ch. 127, par. 1258.03) 18 Sec. 8.03. Any person or entity who violates any 19 provision of this Act, or any ordinance, rule, regulation or 20 order made pursuant to this Act, shall be liable for a civil 21 penalty of not to exceed $10,000 for each violation, and an 22 additional civil penalty of not to exceed $1,000 for each day 23 during which violation continues. 24 (Source: P.A. 84-852.) 25 (430 ILCS 50/5.02 rep.) 26 Section 90. The Hazardous Materials Emergency Act is 27 amended by repealing Section 5.02. SB689 Enrolled -10- LRB9000098DJccA 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.