State of Illinois
92nd General Assembly
Legislation

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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  hereafter
24    amended.
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).
 
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 1    For  purposes  of  the  release  notification requirements of
 2    Section 10 of this Act Section 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.)
 6    Title III of the Superfund Amendments and Reauthorization Act
 7    of 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 extent that it 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 extent that it is used in
27        routine  agricultural  operations  or  is  a,   and   any
28        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
 
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 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 and
 4    Reauthorization 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 Occupational
10    Safety and Health Administration,  equivalent  manufacturer's
11    literature, or another form containing substantially the same
12    information  pertaining to a specific hazardous chemical or a
13    mixture 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
34    Superfund Amendments and  Reauthorization  Act  of  1986  (42
 
                            -4-                LRB9215083DJgc
 1    U.S.C. 11001 et 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 Act Title III of  the  Superfund  Amendments  and
19    Reauthorization 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 Chair Chairman of 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.
 
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 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 Chair Chairman of
 5    the SERC on any matters relating  to  the  implementation  of
 6    this  Act  and  the  Federal  Act  Title III of the Superfund
 7    Amendments and Reauthorization Act  of  1986  (P.L.  99-499).
 8    Advisory  committees shall be organized by the Chair Chairman
 9    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  Act  Title  III  of  the
17    Superfund  Amendments  and  Reauthorization Act of 1986 (P.L.
18    99-499).
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, and
24    323, and 324 of the Federal Act, as  incorporated  into  this
25    Act, 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 after
30    the  effective  date  of  this Act, regulations or amendments
31    thereto which are identical in substance  to  regulations  or
32    amendments  thereto  promulgated  by the Administrator of the
 
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 1    United States Environmental Protection  Agency  to  implement
 2    these  specified  Sections  of  Title  III  of  the Superfund
 3    Amendments and Reauthorization Act  of  1986  (P.L.  99-499).
 4    The  rulemaking  provisions  of  Section 5-35 of the Illinois
 5    Administrative Procedure Act shall not apply  to  regulations
 6    or amendments thereto adopted pursuant to this paragraph.
 7        (c)  The  SERC  may adopt additional regulations 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.  The
31    SERC  shall  submit  any  such  notification  report  to  the
32    appropriate  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  (29  15  U.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 MSDS a material safety data  sheet  for  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
32    a  material  safety  data  sheet  is   required   under   the
33    Occupational  Safety  and  Health Act of 1970 and regulations
 
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 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 MSDS material safety data sheet.
 7        (3)  Any  hazardous  component  of  each such chemical as
 8    provided on the MSDS material 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 MSDS a material safety data sheet for,
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
16    material safety data sheet, or one listing, of the element or
17    compound is necessary; or
18        (2)  Submitting an MSDS a material safety data sheet for,
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 an a MSDS 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 MSDS a  material  safety
32    data  sheet  was  previously submitted to the local emergency
33    planning committee under  subsection  (a),  a  revised  sheet
34    shall be provided to such person.
 
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 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 reporting
12    as established by regulations promulgated under  the  Federal
13    Act,  prepare  and submit an emergency and hazardous chemical
14    inventory form (hereafter in this Act referred to as a  "tier
15    II  an  "inventory  form")  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)  the   appropriate   local   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 II inventory form shall be submitted annually on
 5    or before March 1, and shall contain  tier  II  I  data  with
 6    respect to the preceding calendar year.
 7        (b)  (Blank).  The requirement of subsection (a) does not
 8    apply if an owner or operator  provides,  to  the  recipients
 9    described  in  subsection  (a), by the same deadline and with
10    respect  to  the  same  calendar  year,  an  inventory   form
11    containing 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 II inventory
16        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
19        inventory  form  for  the  element  or  compound  at  the
20        facility is necessary.
21             (2)  Providing information on the tier II  inventory
22        form on the mixture itself.
23        (d)  (Blank).  A  hazardous  chemical shall be subject to
24    the requirements of this Section only if it  is  a  hazardous
25    chemical  for which a material safety data sheet or a listing
26    is required under Section 311 of the Federal Act.
27        (e)  (Blank). A tier I inventory form shall  provide  the
28    following   information  in  aggregate  terms  for  hazardous
29    chemicals in categories of health and physical hazards as set
30    forth under the Occupational Safety and Health  Act  of  1970
31    and regulations promulgated under that Act:
32        (1)  an  estimate  (in  ranges)  of the maximum amount of
33    hazardous chemicals in each category present at the  facility
34    at any time during the preceding calendar year;
 
                            -13-               LRB9215083DJgc
 1        (2)  an  estimate  (in  ranges)  of the maximum amount of
 2    hazardous chemicals in each category present at the  facility
 3    at any time during the preceding calendar year; and
 4        (3)  the  general location of hazardous chemicals in each
 5    category.
 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 shall
12    provide   the   following  additional  information  for  each
13    hazardous chemical present at the  facility,  but  only  upon
14    request 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
 1        Planning   Commission,   a   local   emergency   planning
 2        committee,  or  a  fire department with jurisdiction over
 3        the facility, the owner or operator of a  facility  shall
 4        provide  tier  II information, as described in subsection
 5        (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),
12        request  the  facility  owner or operator for the tier II
13        information and make 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 emergency
25        planning committee does not have the tier II  information
26        in  its  possession, upon receiving a request for tier II
27        information  the  SERC  or   local   emergency   planning
28        committee  shall,  pursuant to paragraph (1), request the
29        facility owner or operator for  tier II information  with
30        respect  to  a  hazardous  chemical  which a facility has
31        stored in an amount in excess of 10,000 pounds present at
32        the facility at any time during  the  preceding  calendar
33        year  and  make  such information available to the person
34        making the request in accordance with Section 324 of  the
 
                            -15-               LRB9215083DJgc
 1        Federal 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 to
10        paragraph (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 shall 1 and tier 2 inventory  forms  promulgated
31    by  USEPA  for use in meeting the requirements of Section 312
32    of the Federal Act may be 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 or and LEPCs shall make  information  available  to  the
 9    public  upon  request  in  accordance with Section 324 of the
10    Federal Act.  All Requests 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 apply
19        by 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

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