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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
17 require the Illinois Emergency Management Agency to adopt
18 regulations for hazard signage systems applicable to
19 placarding the 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 farm or being transported to a farm and 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
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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 public
7 hearing, that State required placarding of a hazardous
8 material during use, storage or manufacture may draw
9 attention to the material and thereby endanger the public
10 health and safety, the Agency may, by regulation, exempt any
11 hazardous material or class of hazardous materials from the
12 State placarding requirements, except that no regulations
13 shall be adopted exempting a hazardous material from
14 placarding without the approval of the Hazardous Materials
15 Advisory Board.
16 (c) No State placarding 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 21 20 members as follows: the
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1 Director of the Illinois Emergency Management Agency, or his
2 designee; the Director of Agriculture or his designee; the
3 Director of the Office of Mines and Minerals in the
4 Department 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
21 firemen, 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
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1 simple majority of the appointed or designated membership.
2 The Board shall advise and make recommendations to the
3 Agency regarding the placarding of hazardous materials in
4 fixed locations and the 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.
16 In developing the Statewide Emergency Response Plan, the
17 Board shall organize the State into Regional Emergency
18 Response Districts, identifying the available resources in
19 each District and assuring that the Plan incorporates those
20 existing resources. Effort shall be made to create a
21 Statewide Plan that allows response to a hazardous material
22 incident 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 firefighters firemen, 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
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1 hazardous material emergency response personnel. The
2 standardized courses shall include training for firefighters
3 firemen, 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 Before the Agency or the Department exempts any hazardous
33 material from the placarding regulations, under Section 3 of
34 this Act, the Board must approve the regulations providing
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1 for the exemption.
2 By January 1, 1978, the Board shall determine which
3 persons involved in the use, storage, transportation, or
4 manufacture of hazardous materials can be inspected for
5 compliance with the placarding provisions of this Act within
6 the current statutory scope of each agency or department of
7 State government. If the Board determines that there are
8 specific categories of persons regulated by this Act who
9 cannot readily be inspected by existing personnel within the
10 statutory authority of the departments and agencies, or if
11 the Board determines that the purpose of this Act can be
12 better served by a centralized inspection responsibility, the
13 Board shall propose statutory changes to the General Assembly
14 to 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 regulations the 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 hazard placarding 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 materials or any local emergency
6 response agency shall take the necessary steps to comply
7 with such hazard placarding system, communication system or
8 any other regulation or requirement. Copies of any hazard
9 placarding 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
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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, or equipment,
8 structures, or locations for the use, storage,
9 transportation, or manufacture of hazardous materials to
10 display on such facility, or equipment, structure, or
11 location appropriate hazard signage as described and in such
12 manner as provided by regulation promulgated by the Agency or
13 the Department pursuant 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 promulgated by
21 the Agency or the Department pursuant 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 Act It shall be the duty of each State's Attorney to whom any
4 violation is reported to cause appropriate proceedings to be
5 instituted and prosecuted in a court of competent
6 jurisdiction without delay, except that no prosecution may be
7 commenced the State's Attorney shall not commence
8 prosecutions under 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.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.