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92_HB4929 LRB9215083DJgc 1 AN ACT in relation to public safety. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The State Finance Act is amended by adding 5 Section 5.570 as follows: 6 (30 ILCS 105/5.570 new) 7 Sec. 5.570. The Chemical Emergency Preparedness and 8 Prevention Fund. 9 Section 10. The Illinois Emergency Planning and 10 Community Right to Know Act is amended by changing Sections 11 3, 4, 5, 6, 7, 10, 11, 12, 15, 16, 17, and 18 and by adding 12 Sections 4.5 and 20 as follows: 13 (430 ILCS 100/3) (from Ch. 111 1/2, par. 7703) 14 Sec. 3. Definitions. As used in this Act: 15 "Administrator" means the Administrator of the United 16 States Environmental Protection Agency. 17 "Environment" means water, air, and land and the 18 interrelationship that exists among and between water, air, 19 land, and all living things. 20 "Extremely hazardous substance" means the list of 21 substances designated as extremely hazardous by the United 22 States Environmental Protection Agency under Section 302(a) 23 of the Federal Act, 42 U.S.C. 11002(a), as now or hereafter24amended. 25 "Facility" means all buildings, equipment, structures, 26 and other stationary items that are located on a single site 27 or on contiguous or adjacent sites and that are owned or 28 operated by the same person (or by any person that controls, 29 is controlled by, or under common control with, such person). -2- LRB9215083DJgc 1 For purposes of the release notification requirements of 2 Section 10 of this ActSection 304 of the Federal Act, the 3 term includes motor vehicles, rolling stock, and aircraft. 4 "Federal Act" means the federal Emergency Planning and 5 Community Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.) 6Title III of the Superfund Amendments and Reauthorization Act7of 1986 (P.L. 99-499). 8 "Hazardous chemical" means any hazardous chemical as 9 defined under 29 C.F.R.U.S.C.1910.1200, except that 10 "hazardous chemical" does not include the following 11 substances: 12 (1) Any food, food additive, color additive, drug 13 or cosmetic regulated by the U.S. Food and Drug 14 Administration. 15 (2) Any substance present as a solid in any 16 manufactured item to the extent that exposure to the 17 substance does not occur under normal conditions of use. 18 (3) Any substance to the extentthatit is used for 19 personal, family, or household purposes, or is present in 20 the same form and concentration of a product packaged for 21 distribution and use by the general public. 22 (4) Any substance to the extent it is used in a 23 research laboratory or a hospital or other medical 24 facility under the direct supervision of a technically 25 qualified individual. 26 (5) Any substance to the extentthatit is used in 27 routine agricultural operations or is a, and any28 fertilizer held for sale by a retailer to the ultimate 29 customer. 30 "Hazardous substance" means a substance or mixture 31 designated as hazardous by the United States Environmental 32 Protection Agency under 42 U.S.C. 9601(14). 33 "IEMA" means the Illinois Emergency Management Agency. 34 "Local Emergency Planning Committee" or "LEPC" means the -3- LRB9215083DJgc 1 committee appointed by the State Emergency Response 2 Commission (SERC) in accordance with Section 301(c) of the 3 Federal Act (42 U.S.C. 11001(c))Superfund Amendments and4Reauthorization Act of 1986 (42 U.S.C. 11001 et seq.). 5 "Material Safety Data Sheet" or "MSDS" means a document 6 developed pursuant to Occupational Safety and Health 7 Administration statutory and regulatory requirements and 8 containing the information required under 29 C.F.R. 9 1910.1200(g).completed form recognized by the Occupational10Safety and Health Administration, equivalent manufacturer's11literature, or another form containing substantially the same12information pertaining to a specific hazardous chemical or a13mixture containing one or more hazardous chemicals.14 "Person" means any individual, trust, firm, joint stock 15 company, corporation (including a government corporation), 16 partnership, association, State, municipality, commission, 17 political subdivision of a State, federal government, or 18 interstate body. 19 "Release" means any spilling, leaking, pumping, pouring, 20 emitting, emptying, discharging, injecting, escaping, 21 leaching, dumping, or disposing into the environment 22 (including the abandonment or discarding of barrels, 23 containers, and other closed receptacles) of any hazardous 24 chemical, extremely hazardous chemical, or toxic chemical. 25 "Reportable quantity" is the quantity of an extremely 26 hazardous substance or hazardous substance determined by 27 USEPA under 42 U.S.C. 11002(a) and 42 U.S.C. 9602(a). 28 "Retail gas station" means a retail facility engaged in 29 selling gasoline or diesel fuel, or both, principally to the 30 public for motor vehicle use on land. 31 "State Emergency Response Commission" or "SERC" means the 32 Illinois Emergency Management Agency as appointed by the 33 Governor in accordance with Section 301 of the Federal Act 34Superfund Amendments and Reauthorization Act of 1986(42 -4- LRB9215083DJgc 1 U.S.C. 11001et seq.) to carry out all State responsibilities 2 required by this Act. 3 "Threshold planning quantity" or "TPQ" is the quantity of 4 an extremely hazardous substance determined by USEPA under 5 Section 302(a) of the Federal Act (42 U.S.C. 11002(a)). 6 "Tier II Emergency and Hazardous Chemical Inventory form" 7 means the form made available by the SERC or the USEPA to 8 owners and operators required to file hazardous chemical and 9 extremely hazardous substance data pursuant to Section 12 of 10 this Act. 11 "USEPA" means the United States Environmental Protection 12 Agency. 13 (Source: P.A. 86-449; 87-168.) 14 (430 ILCS 100/4) (from Ch. 111 1/2, par. 7704) 15 Sec. 4. Establishment. The Illinois Emergency 16 Management Agency shall be the State Emergency Response 17 Commission for the purpose of implementing the provisions of 18 the Federal ActTitle III of the Superfund Amendments and19Reauthorization Act of 1986 (P.L. 99-499)at the State level, 20 and shall perform all the functions of a SERC under that Act. 21 The Director of the IEMA shall be the ChairChairmanof the 22 SERC. 23 (Source: P.A. 86-449; 87-168.) 24 (430 ILCS 100/4.5 new) 25 Sec. 4.5. Local emergency planning districts. In 26 accordance with its authority pursuant to the Federal Act, 27 the SERC is required to designate emergency planning 28 districts in order to facilitate preparation and 29 implementation of emergency plans. On or before January 1, 30 2004, the SERC shall complete a review and revision of its 31 existing emergency planning district designations to more 32 effectively accomplish the purposes of this Act. -5- LRB9215083DJgc 1 (430 ILCS 100/5) (from Ch. 111 1/2, par. 7705) 2 Sec. 5. Advisory Committee. The SERC may establish 3 advisory committees composed of individuals from both the 4 public and private sectors to advise the ChairChairmanof 5 the SERC on any matters relating to the implementation of 6 this Act and the Federal ActTitle III of the Superfund7Amendments and Reauthorization Act of 1986 (P.L. 99-499). 8 Advisory committees shall be organized by the ChairChairman9 as necessary to address specific issues relating to this Act. 10 (Source: P.A. 86-449.) 11 (430 ILCS 100/6) (from Ch. 111 1/2, par. 7706) 12 Sec. 6. Cooperative agreements. The SERC shall 13 cooperate and may enter into such agreements with other State 14 agencies, local governments, the federal government and other 15 persons as the Chairman determines to be appropriate to 16 implement this Act and the Federal ActTitle III of the17Superfund Amendments and Reauthorization Act of 1986 (P.L.1899-499). 19 (Source: P.A. 86-449.) 20 (430 ILCS 100/7) (from Ch. 111 1/2, par. 7707) 21 Sec. 7. Reporting requirements. 22 (a) Unless otherwise provided in this Act, the 23 provisions of Sections 302(c), 303(d), 304, 311, 312,and24 323, and 324 of the Federal Act,as incorporated into this25Act,pertaining to the providing of information and giving of 26 notification, shall be considered the law of this State and 27 shall apply equally to all facilities subject to the Federal 28 Act. 29 (b) (Blank).The SERC shall adopt, within 120 days after30the effective date of this Act, regulations or amendments31thereto which are identical in substance to regulations or32amendments thereto promulgated by the Administrator of the-6- LRB9215083DJgc 1United States Environmental Protection Agency to implement2these specified Sections of Title III of the Superfund3Amendments and Reauthorization Act of 1986 (P.L. 99-499).4The rulemaking provisions of Section 5-35 of the Illinois5Administrative Procedure Act shall not apply to regulations6or amendments thereto adopted pursuant to this paragraph.7 (c) The SERC may adoptadditionalregulations relating 8 to the responsibilities of the SERC and LEPCs pursuant to 9 this Act and the Federal Act that are not inconsistent with 10 and at least as stringent as other regulations promulgated 11 pursuant to the Federal Act. Regulations adopted pursuant to 12 this subsection shall be adopted in accordance with the 13 procedures for rulemaking in Section 5-35 of the Illinois 14 Administrative Procedure Act. 15 (Source: P.A. 88-45.) 16 (430 ILCS 100/10) (from Ch. 111 1/2, par. 7710) 17 Sec. 10. Release notification. 18 (a) If a release requiring notification under Section 304 19 of the Federal Act or under Section 103(a) of the 20 Comprehensive Environmental Response, Compensation, and 21 Liability Act of 1980 (42 U.S.C. 9601 et seq.) occurs from a 22 facility at which a hazardous chemical is produced, used or 23 stored, the owner or operator of the facility shall 24 immediately provide notice as described in subsection (b). 25 (b) Notice required under this Section shall be given 26 immediately after the release by the owner or operator of the 27 facility (by such means as telephone, radio or in person) to 28 the community emergency coordinator designated by the LEPC 29 for any area likely to be affected by the release and to the 30 SERC of any State likely to be affected by the release.The31SERC shall submit any such notification report to the32appropriate LEPC.With respect to transportation of a 33 substance subject to the requirements of this Section, or -7- LRB9215083DJgc 1 storage incident to such transportation, the notice 2 requirements of this Section with respect to a release shall 3 be satisfied by calling the local fire department of the 4 affected area, the sheriff's office of the affected county, 5 or the 911 emergency number. 6 (c) Notice required under this Section shall include 7 each of the following (to the extent known at the time of the 8 notice and so long as no delay in responding to the emergency 9 results): 10 (1) the chemical name or identity of any substance 11 involved in the release; 12 (2) an indication of whether the substance is on the 13 list referred to in Section 302(a) of the Federal Act; 14 (3) an estimate of the quantity of any such substance 15 that was released into the environment; 16 (4) the time and duration of the release; 17 (5) the medium or media into which the release occurred; 18 (6) any known or anticipated acute or chronic health 19 risks associated with the emergency and, where appropriate, 20 advice regarding medical attention necessary for exposed 21 individuals; 22 (7) proper precautions to take as a result of the 23 release, including evacuation (unless such information is 24 readily available to the community emergency coordinator 25 pursuant to the emergency plan); and 26 (8) the name and telephone number of the person or 27 persons to be contacted for further information. 28 (d) As soon as practicable after a release which 29 requires notice under this Section, the owner or operator 30 shall provide to the LEPC of any area likely to be affected 31 by the release and to the SERC of any state likely to be 32 affected by the release a written followup emergency notice 33 (or notices, as more information becomes available) setting 34 forth and updating the information required under subsection -8- LRB9215083DJgc 1 (c), and including additional information with respect to: 2 (1) actions taken to respond to and contain the release; 3 (2) any known or anticipated acute or chronic health 4 risks associated with the release; and 5 (3) where appropriate, advice regarding medical 6 attention necessary for exposed individuals. 7 (e) This Section does not apply to any release which 8 results in exposure to persons solely within the site or 9 sites on which a facility is located. This Section does 10 apply to transportation and storage incident to such 11 transportation. 12 (Source: P.A. 86-449.) 13 (430 ILCS 100/11) (from Ch. 111 1/2, par. 7711) 14 Sec. 11. Material Safety Data Sheets.MSDS.15 (a) The owner or operator of any facility which is 16 required to prepare or have available a material safety data 17 sheet (MSDS) for a hazardous chemical under the Occupational 18 Safety and Health Act of 1970 and regulations promulgated 19 under that Act (2915U.S.C. 651 et seq.) shall, in 20 accordance with the threshold levels for reporting 21 established by regulations promulgated under the Federal Act, 22 submit an MSDSa material safety data sheetfor each such 23 chemical, or a list of such chemicals as described in 24 subsection (b), to each of the following: 25 (1) the appropriate local emergency planning committee; 26 (2) the State Emergency Response Commission; and 27 (3) the fire department with jurisdiction over the 28 facility. 29 (b) The list of chemicals referred to in subsection (a) 30 shall include all of the following: 31 (1) A list of the hazardous chemicals for which an MSDS 32a material safety data sheetis required under the 33 Occupational Safety and Health Act of 1970 and regulations -9- LRB9215083DJgc 1 promulgated under that Act, grouped in categories of health 2 and physical hazards as set forth under such Act and 3 regulations promulgated under such Act, or in such other 4 categories as the Administrator may prescribe. 5 (2) The chemical name or the common name of each such 6 chemical as provided on the MSDSmaterial safety data sheet. 7 (3) Any hazardous component of each such chemical as 8 provided on the MSDSmaterial safety data sheet. 9 (c) An owner or operator may meet the requirements of 10 this Section with respect to a hazardous chemical which is a 11 mixture by doing one of the following: 12 (1) Submitting an MSDSa material safety data sheetfor, 13 or identifying on a list, each element or compound in the 14 mixture which is a hazardous chemical. If more than one 15 mixture has the same element or compound, only one MSDS 16material safety data sheet, or one listing, of the element or 17 compound is necessary; or 18 (2) Submitting an MSDSa material safety data sheetfor, 19 or identifying on a list, the mixture itself. 20 (d) Beginning 90 days after the effective date of this 21 Act, it shall be a violation of this Section for the owner or 22 operator of a facility subject to the requirements of this 23 Section to fail to submit an MSDS form as required by 24 Section 311(d) of the Federal Act, or within 3 months of the 25 date the owner or operator is required to prepare or have 26 available anaMSDS for the chemical under the Occupational 27 Safety and Health Act of 1970 and regulations promulgated 28 under that Act. 29 (e) Within 3 months following discovery by an owner or 30 operator of significant new information concerning an aspect 31 of a hazardous chemical for which an MSDSa material safety32data sheetwas previously submitted to the local emergency 33 planning committee under subsection (a), a revised sheet 34 shall be provided to such person. -10- LRB9215083DJgc 1 (Source: P.A. 86-449.) 2 (430 ILCS 100/12) (from Ch. 111 1/2, par. 7712) 3 Sec. 12. Tier II Emergency and Hazardous Chemical 4 Inventory forms. 5 (a) The requirements of this Section apply to the owner 6 or operator of any facility which is required to prepare or 7 have available a material safety data sheet for a hazardous 8 chemical under the Occupational Safety and Health Act of 1970 9 and regulations promulgated under that Act. 10 (a-5) The owner or operator identified in subsection (a) 11 shall, in accordance with the threshold levels for reporting12as established by regulations promulgated under the Federal13Act,prepareand submitan emergency and hazardous chemical 14 inventory form (hereafter in this Act referred to as a "tier 15 IIan "inventoryform") in accordance with the following 16 threshold inventory levels for reporting: 17 (1) The threshold inventory level for reporting an 18 extremely hazardous substance present at the facility at 19 any one time during the preceding calendar year is 500 20 pounds (or 227 kgs.) or the threshold planning quantity, 21 whichever is lower. 22 (2) The threshold inventory level for reporting a 23 hazardous chemical present at the facility at any one 24 time during the preceding calendar year is 10,000 pounds 25 (or 4,540 kgs.), except as provided in paragraphs (3) and 26 (4) of this subsection. 27 (3) The threshold inventory level for reporting 28 gasoline (all grades combined) present at the facility at 29 any one time during the preceding calendar year is 75,000 30 gallons, provided the facility meets all 3 of the 31 following criteria: 32 (A) the facility is a retail gas station as 33 defined in Section 3 of this Act; -11- LRB9215083DJgc 1 (B) the gasoline is in a tank or tanks 2 entirely underground; and 3 (C) the retail gas station was in compliance 4 at all times during the preceding calendar year with 5 all applicable Underground Storage Tank (UST) 6 requirements (41 Ill. Admin. Code 170, 35 Ill. 7 Admin. Code 731 and 732, and any other applicable 8 State or federal UST requirements). 9 (4) The threshold inventory level for reporting 10 diesel fuel (all grades combined) present at the facility 11 at any one time during the preceding calendar year is 12 100,000 gallons, provided the facility meets all 3 of the 13 following criteria: 14 (A) the facility is a retail gas station as 15 defined in Section 3 of this Act; 16 (B) the diesel fuel is in a tank or tanks 17 entirely underground; and 18 (C) the retail gas station was in compliance 19 at all times during the preceding calendar year with 20 all applicable UST requirements (41 Ill. Admin. Code 21 170, 35 Ill. Admin. Code 731 and 732, and any other 22 applicable State or federal UST requirements). 23 (5) If a retail gas station does not meet any one 24 or more of the criteria enumerated in paragraphs (3) or 25 (4) of this subsection, the threshold inventory level for 26 reporting gasoline or diesel fuel, or both, (all grades 27 combined) is the same as otherwise provided in paragraph 28 (2). 29 (a-10) The owner or operator shall submit the tier II 30 forms prepared in accordance with subsection (a-5) to each of 31 the following: 32 (1) theappropriatelocal emergency planning 33 committee serving the emergency planning district where 34 the facility is located; -12- LRB9215083DJgc 1 (2) the State Emergency Response Commission; and 2 (3) the fire department with jurisdiction over the 3 facility. 4 The tier IIinventoryform shall be submitted annually on 5 or before March 1, and shall contain tier IIIdata with 6 respect to the preceding calendar year. 7 (b) (Blank).The requirement of subsection (a) does not8apply if an owner or operator provides, to the recipients9described in subsection (a), by the same deadline and with10respect to the same calendar year, an inventory form11containing tier II information.12 (c) An owner or operator may meet the requirements of 13 this Section with respect to a hazardous chemical which is a 14 mixture by doing one of the following: 15 (1) Providing information on the tier IIinventory16 form on each element or compound in the mixture which is 17 a hazardous chemical. If more than one mixture has the 18 same element or compound, only one listing on the tier II 19inventoryform for the element or compound at the 20 facility is necessary. 21 (2) Providing information on the tier IIinventory22 form on the mixture itself. 23 (d) (Blank).A hazardous chemical shall be subject to24the requirements of this Section only if it is a hazardous25chemical for which a material safety data sheet or a listing26is required under Section 311 of the Federal Act.27 (e) (Blank).A tier I inventory form shall provide the28following information in aggregate terms for hazardous29chemicals in categories of health and physical hazards as set30forth under the Occupational Safety and Health Act of 197031and regulations promulgated under that Act:32(1) an estimate (in ranges) of the maximum amount of33hazardous chemicals in each category present at the facility34at any time during the preceding calendar year;-13- LRB9215083DJgc 1(2) an estimate (in ranges) of the maximum amount of2hazardous chemicals in each category present at the facility3at any time during the preceding calendar year; and4(3) the general location of hazardous chemicals in each5category.6 (f) The SERC shall require an owner or operator to 7 provide, on a tier II form, information for each hazardous 8 chemical or extremely hazardous substance required to be 9 included on the tier II form pursuant to subsection (a-5) of 10 this Section, as needed for chemical emergency planning, 11 including, but not limited to,A tier II inventory form shall12providethe followingadditionalinformationfor each13hazardous chemical present at the facility, but only upon14request and in accordance with subsection (g): 15 (1) the chemical name or the common name of the 16 chemical as provided on the material safety data sheet; 17 (2) an estimate (in ranges) of the maximum amount 18 of the hazardous chemical present at the facility at any 19 time during the preceding calendar year; 20 (3) an estimate (in ranges) of the average daily 21 amount of the hazardous chemical present at the facility 22 during the preceding calendar year; 23 (4) a brief description of the manner of storage of 24 the hazardous chemical; 25 (5) the location at the facility of the hazardous 26 chemical; and 27 (6) an indication of whether the owner elects to 28 withhold location information of a specific hazardous 29 chemical from disclosure to the public under Section 324 30 of the Federal Act. 31 (g) Unless otherwise provided pursuant to Section 15 of 32 this Act, availability of tier II information shall be as 33 follows: 34 (1) (Blank).Upon request by the State Emergency-14- LRB9215083DJgc 1Planning Commission, a local emergency planning2committee, or a fire department with jurisdiction over3the facility, the owner or operator of a facility shall4provide tier II information, as described in subsection5(g), to the person making the request.6 (2) A State or local official acting in his or her 7 official capacity may have access to tier II information 8 by submitting a request to the SERC or the local 9 emergency planning committee. Upon receipt of a request 10 for tier II information, the SERC or local emergency 11 planning committee shall, pursuant to paragraph (1),12request the facility owner or operator for the tier II13information andmake available such information to the 14 official. 15 (3) Any person may request the SERC or a local 16 emergency planning committee for tier II information 17 relating to the preceding calendar year with respect to a 18 facility. Any such request shall be in writing and shall 19 be with respect to a specific facility. 20 (4) Any tier II information which the SERC or a 21 local emergency planning committee has in its possession 22 shall be made available to a person making a request 23 under this paragraph in accordance with Section 324 of 24 the Federal Act.If the SERC or local emergency25planning committee does not have the tier II information26in its possession, upon receiving a request for tier II27information the SERC or local emergency planning28committee shall, pursuant to paragraph (1), request the29facility owner or operator for tier II information with30respect to a hazardous chemical which a facility has31stored in an amount in excess of 10,000 pounds present at32the facility at any time during the preceding calendar33year and make such information available to the person34making the request in accordance with Section 324 of the-15- LRB9215083DJgc 1Federal Act.2 (5) In the case of tier II information which is not 3 in the possession of the SERC or local emergency planning 4 committee and which relates to a hazardous chemical which 5 a facility has stored in an amount less than 10,000 6 pounds present at the facility at any time during the 7 preceding calendar year, a request from a person must 8 include the general need for the information. The SERC 9 or local emergency planning committee may, pursuant to10paragraph (1),make a request to the facility owner or 11 operator for the tier II information on behalf of the 12 person making the request. Upon receipt of any 13 information requested on behalf of such person, the SERC 14 or local emergency planning committee shall make the 15 information available to the person in accordance with 16 Section 324 of the Federal Act. 17 (6) The SERC or local emergency planning committee 18 shall respond to a request for tier II information under 19 this Section no later than 45 days after the date of 20 receipt of the request. 21 (7) Upon request to an owner or operator of a 22 facility which files an inventory form under this Section 23 by the fire department with jurisdiction over the 24 facility, the owner or operator of the facility shall 25 allow the fire department to conduct an on-site 26 inspection of the facility and shall provide to the fire 27 department specific location information on hazardous 28 chemicals at the facility. 29 (h) The tier II form made available by either the SERC 30 or the USEPA shall1 and tier 2 inventory forms promulgated31by USEPA for use in meeting the requirements of Section 31232of the Federal Act maybe used to fulfill the requirements of 33 this Section. 34 (i) Except for owners and operators paying a fee in -16- LRB9215083DJgc 1 accordance with subsection (j) of this Section, the owner or 2 operator of each facility required to file a tier II form 3 pursuant to this Section shall pay an annual fee of $100 per 4 facility per year and, if applicable, additional fees based 5 on tier II form data as follows: 6 (1) An additional $100 for the presence of one or 7 more hazardous chemicals in excess of 1,000,000 pounds. 8 (2) An additional $100 for the presence of 20 or 9 more hazardous chemicals at or greater than the threshold 10 inventory level stated in paragraph (2) of subsection 11 (a-5) of this Section. 12 (3) An additional $200 for the presence of one or 13 more extremely hazardous substances at or greater than 14 the threshold inventory level stated in paragraph (1) of 15 this subsection (a-5) of this Section. 16 (j) An owner or operator of an oil or gas production 17 well tank battery or batteries required to file a tier II 18 form under this Section shall pay an annual fee of $50 per 19 tank battery with a maximum fee payment of $500 per owner or 20 operator per year. For purposes of this subsection, the 21 definitions of the terms "oil", "gas", "production well", and 22 "tank battery" shall be the same as the definitions of those 23 terms in the Illinois Oil and Gas Act and rules and 24 regulations implementing that Act. 25 (k) Beginning May 1, 2004, and annually thereafter, an 26 owner or operator subject to a fee established by this 27 Section shall submit the fee to the SERC. An owner or 28 operator who fails to submit the fee in accordance with the 29 requirements of this Section shall be subject to the penalty 30 provisions of Section 18 of this Act. 31 (l) Fees collected by the SERC pursuant to this Section 32 shall be deposited into the Chemical Emergency Preparedness 33 and Prevention Fund, which is hereby created as an 34 interest-bearing fund in the State Treasury. -17- LRB9215083DJgc 1 (m) All fees collected by the SERC pursuant to this 2 Section shall be used by the SERC and the LEPCs for expenses 3 associated with the preparation and updating of local 4 chemical emergency response plans required under Section 8 of 5 this Act and, secondarily, for expenses associated with other 6 activities arising under this Act and regulations adopted 7 under this Act. Twenty percent of the fees collected shall 8 be used by the SERC to carry out its responsibilities under 9 this Act, including, as its first priority, the development 10 and maintenance of the electronic database required under 11 Section 15 of this Act. Eighty percent of the fees collected 12 shall be allocated by the SERC to the LEPC where the facility 13 is located. In the event the SERC determines that there is no 14 active LEPC located in that emergency planning district, 15 these moneys shall be retained by the SERC to cover the 16 chemical emergency planning costs for that emergency planning 17 district. 18 (n) On or before January 1, 2004, the SERC shall adopt 19 rules for the collection, management, and disbursement of 20 fees collected pursuant to this Section. The rules shall be 21 adopted in accordance with the provisions and requirements of 22 this Act and the Illinois Administrative Procedure Act. 23 (Source: P.A. 86-449.) 24 (430 ILCS 100/15) (from Ch. 111 1/2, par. 7715) 25 Sec. 15. Public availability. 26 (a) As soon as practicable after the effective date of 27 this amendatory Act of the 92nd General Assembly, the SERC 28 shall make publicly accessible, to the extent allowed by 29 other applicable laws, an electronic database including, but 30 not limited to, the following information: 31 (1) Tier II information, except as provided in 32 subdivision (f)(6) of Section 12 and in Section 13 of 33 this Act. -18- LRB9215083DJgc 1 (2) LEPC chemical emergency response plans. 2 (3) Material Safety Data Sheets. 3 (4) Toxic chemical release inventory information. 4 (5) Chemical spills information. 5 (6) Risk management plan information. 6 (b) In addition to providing information through the 7 electronic database as required under subsection (a), the 8 SERC orandLEPCs shall make information available to the 9 public upon request in accordance with Section 324 of the 10 Federal Act.AllRequests for information pursuant to this 11 subsection (b) shall be in writing and subject to the 12 provisions of the Illinois Freedom of Information Act. All 13 costs associated with providing information shall be paid by 14 the requesting person. 15 (Source: P.A. 86-449.) 16 (430 ILCS 100/16) (from Ch. 111 1/2, par. 7716) 17 Sec. 16. Enforcement. 18 (a) The SERC shall have the authority to investigate 19 alleged violations of Sections of this Act and, following 20 written notice to the business, to refer such violations for 21 prosecution by the State's Attorney of the county in which 22 the violation occurred, or by the Attorney General. The 23 State's Attorney or the Attorney General, as the case may be, 24 may, at the request of the SERC or upon his or her own 25 motion, institute an action for such penalties as are 26 authorized by this Act, as well as for such other remedies, 27 including injunctive relief, as are necessary to restrain or 28 remedy violations of the Act. 29 (b) Any action authorized by subsection (a) of this 30 Section may be brought in the circuit court in the county 31 where the violation occurred or the circuit court of the 32 county where the defendant is located. 33 (c) The SERC shall have the authority to investigate -19- LRB9215083DJgc 1 violations of Sections of this Act and, following written 2 notice to the business, to refer such violations for 3 prosecution by the United States Environmental Protection 4 Agency. 5 (Source: P.A. 86-449.) 6 (430 ILCS 100/17) (from Ch. 111 1/2, par. 7717) 7 Sec. 17. Citizen suits. 8 (a) Except as provided in subsection (b), any person may 9 commence a civil action on his or her own behalf against the 10 owner or operator of a facility for failure to do any of the 11 following: 12 (1) submit a followup emergency notice required 13 under Section 10(d) of this Act; 14 (2) submit a material safety data sheet or a list 15 as required under Section 11(a) of this Act; 16 (3) complete and submit an inventory form 17 containing tier I information required under Section 18 12(a) of this Act, unless such requirement does not apply19by reason of Section 12(b) of this Act. 20 (b) No action may be commenced under subsection (a) 21 against an owner or operator of a facility if the 22 Administrator of USEPA has commenced and is diligently 23 pursuing an administrative order or civil action to enforce 24 the requirement concerned or to impose a civil penalty under 25 the Federal Act with respect to the violation of the 26 requirement. 27 (Source: P.A. 86-449.) 28 (430 ILCS 100/18) (from Ch. 111 1/2, par. 7718) 29 Sec. 18. Penalties. 30 (a) Any person who violates any requirement of Section 31 9, 10, 11,12,or 14 of this Act, or subsection (a), (a-5), 32 (a-10), (c), (f), (g), or (h) of Section 12 of this Act, -20- LRB9215083DJgc 1 shall be liable for a civil penalty in an amount not to 2 exceed $25,000 for each violation. In the case of a second 3 or subsequent violation of Section 10, the civil penalty 4 shall not exceed $75,000 for each day during which the 5 violation continues. 6 (a-5) Any person who violates any requirement of 7 subsection (k) of Section 12 of this Act shall be liable for 8 a civil penalty in an amount not to exceed $1,000 for each 9 violation. 10 (b) Any person who knowingly fails to provide immediate 11 notification of a release in violation of Section 10 of this 12 Act, shall be guilty of a Class 4 felony, and in addition to 13 any other penalty prescribed by law is subject to a fine not 14 to exceed $25,000 for each day of the violation. In the case 15 of a second or subsequent conviction, the person shall be 16 guilty of a Class 3 felony, and in addition to any other 17 penalty prescribed by law is subject to a fine not to exceed 18 $50,000 for each day of the violation. 19 (c) All civil penalties and fines collected under this 20 Section shall be deposited in the Emergency Planning and 21 Training Fund, that is hereby created as a special fund in 22 the State Treasury, and shall be used by IEMA, pursuant to 23 appropriation, for its activities arising under this Act and 24 the Federal Act, including providing financial support for 25 local emergency planning committees and for training 26 initiatives authorized by IEMA. 27 (Source: P.A. 86-449; 87-168.) 28 (430 ILCS 100/20 new) 29 Sec. 20. Exemptions from application of Act. Except as 30 provided in Section 10, this Act does not apply to the 31 transportation, including the storage incident to that 32 transportation, of any substance or chemical subject to the 33 requirements of this Act, including the transportation and -21- LRB9215083DJgc 1 distribution of natural gas. In addition, this Act does not 2 apply to any substance that is excluded from the definition 3 of "hazardous chemical" under Section 3 of this Act. 4 Section 99. Effective date. This Act takes effect upon 5 becoming law. -22- LRB9215083DJgc 1 INDEX 2 Statutes amended in order of appearance 3 30 ILCS 105/5.570 new 4 430 ILCS 100/3 from Ch. 111 1/2, par. 7703 5 430 ILCS 100/4 from Ch. 111 1/2, par. 7704 6 430 ILCS 100/4.5 new 7 430 ILCS 100/5 from Ch. 111 1/2, par. 7705 8 430 ILCS 100/6 from Ch. 111 1/2, par. 7706 9 430 ILCS 100/7 from Ch. 111 1/2, par. 7707 10 430 ILCS 100/10 from Ch. 111 1/2, par. 7710 11 430 ILCS 100/11 from Ch. 111 1/2, par. 7711 12 430 ILCS 100/12 from Ch. 111 1/2, par. 7712 13 430 ILCS 100/15 from Ch. 111 1/2, par. 7715 14 430 ILCS 100/16 from Ch. 111 1/2, par. 7716 15 430 ILCS 100/17 from Ch. 111 1/2, par. 7717 16 430 ILCS 100/18 from Ch. 111 1/2, par. 7718 17 430 ILCS 100/20 new