Public Act 93-0159

HB1279 Enrolled                      LRB093 06454 BDD 06577 b

    AN ACT concerning hazardous materials.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Hazardous  Material  Emergency Response
Reimbursement  Act  is  amended  by  changing  Section  3  as
follows:

    (430 ILCS 55/3) (from Ch. 127 1/2, par. 1003)
    Sec. 3.  Definitions. As used in this Act:
    (a)  "Emergency action" means any action taken at or near
the scene of a  hazardous  materials  emergency  incident  to
prevent  or minimize harm to human health, to property, or to
the  environments  from  the  unintentional  release   of   a
hazardous material.
    (b)  "Emergency  response  agency"  means a unit of local
government or volunteer  fire  protection  organization  that
provides:
         (1).  firefighting services;
         (2).  emergency rescue services;
         (3).  emergency medical services;
         (4).  hazardous materials response teams; or
         (5).  civil defense; or
         (6)   technical rescue teams.
         (c)  "Responsible party" means a person who:
         (1)  owns  or has custody of hazardous material that
    is involved in an incident requiring emergency action  by
    an emergency response agency; or
         (2)  owns   or  has  custody  of  bulk  or  non-bulk
    packaging or a transport vehicle that contains  hazardous
    material  that  is  involved  in  an  incident  requiring
    emergency action by an emergency response agency; and
         (3)  who  causes or substantially contributed to the
    cause of the incident.
    (d)  "Person"  means  an  individual,  a  corporation,  a
partnership, an unincorporated association, or  any  unit  of
federal, State or local government.
    (e)  "Annual   budget"  means  the  cost  to  operate  an
emergency response agency excluding  personnel  costs,  which
include  salary, benefits and training expenses; and costs to
acquire capital equipment including buildings,  vehicles  and
other such major capital cost items.
    (f)  "Hazardous  material"  means a substance or material
in a quantity  and  form  determined  by  the  United  States
Department  of  Transportation  to  be  capable  of posing an
unreasonable risk to  health  and  safety  or  property  when
transported in commerce.
    (g)  "Panel" means administrative panel.
(Source: P.A. 86-972.)