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Public Act 096-1194
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| HB6416 Enrolled | LRB096 21046 RPM 36896 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Explosives Act is amended by |
changing Sections 1002, 1003, 1004, 2000, 2001, 2002, 2003, |
2004, 2005, 2007, 2008, 2011, 3000, 3001, 3002, 4002, 4003, |
5001, 5003, 5004, 5006, 5008, and 5010 and by adding Section |
1005 as follows:
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(225 ILCS 210/1002) (from Ch. 96 1/2, par. 1-1002)
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Sec. 1002. Legislative Declaration. It is hereby
declared |
to be the policy of this State that safety and security are
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primary considerations in the storage, use, acquisition, |
possession,
disposal and transfer of explosive materials.
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An appropriate and thorough system of training, licensing, |
and certification is
necessary to promote these considerations |
by assuring that these products
are handled only by qualified |
persons.
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(Source: P.A. 86-364.)
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(225 ILCS 210/1003) (from Ch. 96 1/2, par. 1-1003)
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Sec. 1003. Definitions. As used in this Act:
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(a) "Person" means any individual, corporation, company, |
association,
partnership, or other legal entity.
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(b) "Explosive materials" means explosives, blasting |
agents, and detonators.
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(c) "Explosive" means any chemical compound, mixture, or |
device (1) , the
primary or common purpose of which is to |
function by explosion and (2) that is classified as a Division |
1.1, 1.2, or 1.3 material under 49 CFR 173.50, as now or |
hereafter amended, renumbered, or succeeded. The term includes
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high and or low explosives. Manufactured articles, including, |
but not limited
to, fixed ammunition for small arms, fire |
crackers, safety fuses, and
matches are not explosives when the |
individual units contain explosives
in such limited quantity |
and of such nature or in such packing that it is
impossible to |
produce a simultaneous or a destructive explosion of such
units |
which would be injurious to life, limb or property.
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(d) "Blasting agent" means any material or mixture that (1) |
consists consisting of a fuel
and oxidizer intended for |
blasting, not otherwise defined as an explosive,
provided that |
the finished product, as mixed and packaged for use or
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shipment, cannot be detonated by means of a No. 8 blasting cap, |
as defined
by the Bureau of Alcohol, Tobacco, and Firearms and |
Explosives, U.S. Department of
Treasury, when unconfined and |
(2) is classified as a Division 1.5 material under 49 CFR |
173.50, as now or hereafter amended, renumbered, or succeeded.
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(d-5) "Crime punishable by imprisonment for a term |
exceeding one year" does not mean (1) any federal or state |
offenses pertaining to antitrust violations, unfair trade |
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practices, restraint of trade, or similar offenses relating to |
the regulation of business practices as the Secretary of the |
Treasury may by regulation designate or (2) any State offense, |
other than one involving a firearm or explosive, classified by |
the laws of the State as a misdemeanor or punishable by a term |
of imprisonment of 2 years or less. |
(e) "Detonator" means any device that (1) contains |
containing any initiating or primary
explosive that is used for |
initiating detonation and (2) is classified as Division 1.1 or |
1.4 material under 49 CFR 173.50, as now or hereafter amended, |
renumbered, or succeeded. A detonator may not
contain more than |
10 grams of total explosives by weight, excluding
ignition or |
delay charges.
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(f) "Highway" means any public street, public road highway, |
or public alley and includes privately financed, constructed, |
or maintained roads that are regularly and openly traveled by |
the general public.
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(g) "Railroad" or "railway" means any public steam, |
electric or other
railroad or rail system which carries |
passengers for hire, but shall not
include auxiliary tracks, |
spurs and sidings installed and primarily used in
serving any |
mine, quarry or plant.
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(h) "Building" means and includes any building regularly |
occupied, in
whole or in part, as a habitation for human |
beings, and any church,
schoolhouse, railway station or other |
building where people are accustomed to
assemble, but does not |
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mean or include any buildings of a mine or quarry
or any of the |
buildings of a manufacturing plant where the business of
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manufacturing explosive materials is conducted.
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(i) "Factory building" means any building or other |
structure in which the
manufacture or any part of the |
manufacture of explosive materials is conducted.
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(j) "Magazine" means any building or other structure or |
container, other
than a factory building, used to store |
explosive materials. Where mobile
or portable type 5 magazines |
are permissible and used, "magazine", for the
purpose of |
obtaining certificates and calculating fees, means the site on
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which such magazines are located.
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(k) "Magazine keeper" means a qualified supervisory person |
licensed by the Department under Article 2 of this Act who is |
responsible for the acquisition, storage, use, possession, |
transfer, and disposal of explosive materials, including |
inventory and transaction records, and responsible
for the |
inventory and safe storage of explosive materials, including |
the
proper maintenance of explosive materials, storage |
magazines, and
surrounding areas.
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(l) "Black powder" means a deflagrating or low explosive |
compound of an
intimate mixture of sulfur, charcoal and an |
alkali nitrate, usually
potassium or sodium nitrate.
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(m) "Municipality" means includes cities, villages, and |
incorporated towns,
and townships.
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(n) "Fugitive from justice" means any individual who has |
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fled from the
jurisdiction of any court of record to avoid |
prosecution for any crime or
to avoid giving testimony in any |
criminal proceeding. This term shall also
include any |
individual who has been convicted of any crime and has fled to
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avoid imprisonment.
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(o) "Department" means the Department of Natural |
Resources.
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(p) (Blank) "Small arms" means guns of 50 calibers or less.
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(q) "Director" means the Director of Natural Resources.
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(r) "Storage certificate" means the certificate issued by |
the Department
under Article 3 of this Act that authorizes the |
holder to store explosive
materials in the magazine for which |
the certificate is issued.
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(s) "License" means that license issued by the Department |
under Article
2 of this Act authorizing the holder to possess, |
use, purchase, transfer or
dispose of, but not to store, |
explosive materials.
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(t) "Transfer" of explosive materials means to sell, give, |
distribute, or otherwise dispose of explosive materials. |
(u) "Use" of explosive materials means the detonation, |
ignition, deflagration, or any other means of initiating |
explosive materials. |
(v) "Disposal" of explosive materials means to render inert |
pursuant to manufacturer's recommendations or commonly |
accepted industry standards. |
(w) "BATFE" means the federal Bureau of Alcohol, Tobacco, |
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Firearms and Explosives. |
(Source: P.A. 88-599, eff. 9-1-94; 89-445, eff. 2-7-96.)
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(225 ILCS 210/1004) (from Ch. 96 1/2, par. 1-1004)
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Sec. 1004. Scope. This Act is intended to supplement the |
requirements
of any federal or State laws and regulations and |
shall apply to all
acquisition, storage, use, possession, |
transfer and disposal of explosive
materials, except as |
provided in Sections 1005, 2000, and 3000 of this Act this |
Section.
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(a) The licensing provisions of Article 2 do not apply to:
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(1) agricultural fertilizers which might be of an |
explosive nature when
the use of such fertilizers is for |
agricultural or horticultural purposes;
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(2) a common or contract carrier authorized to carry |
explosive material
pursuant to the Interstate Commerce Act |
or by the Illinois Commerce Commission;
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(3) the purchase, receipt, possession or use, by an |
individual, of
primers or propellant power used in muzzle |
loading firearms, hand
loading, reloading or custom |
loading ammunition for small arms for his own
use or for |
that of his immediate family;
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(4) the possession or purchase from dealers, importers |
or manufacturers
by any person who holds a valid Illinois |
Firearm Owner's Identification
Card of smokeless small |
arms propellant in quantities not to exceed 25
pounds, |
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black powder not to exceed 5 pounds, and small arms primers |
or
percussion caps for muzzle loading arms
in containers |
provided by the manufacturer or containers generally
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recognized as being suitable for the transportation and |
storage, or
commerce in these items at retail, or the |
transportation or use of the
items by any such person in |
muzzle loading small arms, or in loading
ammunition for |
small arms; or
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(5) The acquisition, possession, use, transfer or |
disposal of explosive
materials in connection with mine, |
quarry, construction, manufacturing
or wholesale or retail |
dealership operations in the ordinary course of
business |
provided that (A) the operator has obtained a storage |
certificate
from the Department in accordance with Article |
3 of this Act, (B) the
acquisition, possession, use, |
transfer or disposal of explosive materials
is limited to |
the operator's business operations,
and (C) the person or |
persons designated as "magazine keeper" satisfy the
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licensure requirements, other than an examination, of |
Article 2 of this Act.
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(b) The storage requirements of Article 3 shall not apply |
to black powder
in quantities not to exceed 5 pounds or |
smokeless powder explosives in
quantities not to exceed 25 |
pounds, however:
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(1) all black powder and smokeless powder shall be |
stored in shipping
containers as required by regulations of |
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the U.S. Department of
Transportation, except as |
hereinafter provided;
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(2) black powder in quantities not to exceed 5 pounds |
and
smokeless powder in quantities not to exceed 25 pounds |
intended for
personal use may be stored in original |
containers in a
locked wooden box or cabinet having walls |
of at least one inch nominal
thickness; and
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(3) black powder in quantities exceeding 5 pounds shall |
be stored
in magazines constructed and located as specified |
in this Act and no black
powder or smokeless powder shall |
be commercially displayed.
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(c) Notwithstanding the requirements of Articles 2 and 3, a |
person
licensed as a manufacturer or dealer in explosive |
materials may sell, give
or dispose of explosive materials to a |
non-resident of Illinois who is duly
licensed in the state of |
his residence. Possession and transportation
within this State |
by such non-residents shall conform to the laws of this
State, |
except that the requirements of Section 2001, requiring a |
license to
be issued by the Department, shall not apply.
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(Source: P.A. 86-364; 86-1298; 87-835.)
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(225 ILCS 210/1005 new) |
Sec. 1005. Exemptions. |
(a) This Act does not apply to any aspect of the |
transporting of explosive materials via railroad, water, |
highway, or air that is regulated by the United States |
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Department of Transportation and agencies thereof, or state |
agencies with similar jurisdiction, and which pertains to |
safety. |
A person who is licensed under Article 2 of this Act or |
holds a storage certificate under Article 3 of this Act may |
transfer explosive materials to a non-resident of Illinois if |
the transfer is limited to the purpose of transporting the |
explosive materials. The non-resident may not use or store |
explosive materials within Illinois unless he or she is |
licensed under Article 2 of this Act or holds a storage |
certificate under Article 3 of this Act. |
(b) This Act does not apply to an agricultural fertilizer |
if the use of the agricultural fertilizer is for agricultural |
or horticultural purposes. |
(c) This Act does not apply to the possession, use, |
purchase, transfer, storage, or disposal of explosive material |
by United States military or other agencies of the United |
States; or to arsenals, navy yards, depots, or other |
establishments owned or operated by the United States. |
(d) Government agencies and their employees that are (1) |
subject to the requirements of this Act and, (2) in the |
exercise of their official emergency response functions, are |
required to store, use, or possess explosive materials, shall |
not be subject to any fee required by this Act.
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(225 ILCS 210/2000) (from Ch. 96 1/2, par. 1-2000)
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Sec. 2000. Scope; exemptions. |
(a) The license requirements of this Article apply to all
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explosive materials unless otherwise excepted under this |
Section or Section 1005 of this Act.
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(b) This Article does not apply to the purchase, receipt, |
possession, or use of black powder solely for sporting, |
recreational, or cultural purposes by an individual for his or |
her own use or for his or her immediate family living in the |
same household. This includes components for use in muzzle |
loading firearms and other antique devices and hand loading, |
reloading, or custom loading fixed ammunition. |
(c) A person is not required to have a license under this |
Article for the acquisition, possession, use, transfer, or |
disposal of explosive materials in connection with mine, |
quarry, construction, manufacturing, or wholesale or retail |
explosive materials operations if (1) the person holds a |
storage certificate under Article 3 of this Act and (2) the |
acquisition, possession, use, transfer, or disposal of the |
explosive materials is limited to the purpose authorized by his |
or her storage certificate. |
In addition to the person who holds the storage |
certificate, this exemption shall also apply to any employee, |
contractor, or other authorized individual if he or she is |
under the direct supervision of an individual who is either |
licensed under this Act, licensed for blasting operations or |
use of explosives in aggregate mining operations under the |
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Surface-Mined Land Conservation and Reclamation Act, certified |
for blasting or use of explosives in mining operations under |
the Surface Coal Mining Land Conservation and Reclamation Act, |
or certified as a shot firer under the Coal Mining Act. Direct |
supervision requires the supervising individual to be |
physically present at all times during the use or disposal of |
the explosive materials. |
(Source: P.A. 86-364.)
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(225 ILCS 210/2001) (from Ch. 96 1/2, par. 1-2001)
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Sec. 2001. Unlicensed activity; non-residents. No person |
shall acquire, possess, use, transfer, or dispose of purchase |
or transfer explosive
materials unless licensed by the |
Department except as otherwise provided under Section 1005 or |
2000 of
by this Act and the Pyrotechnic Distributor and
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Operator Licensing Act.
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(Source: P.A. 93-263, eff. 7-22-03; 94-385, eff. 7-29-05.)
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(225 ILCS 210/2002) (from Ch. 96 1/2, par. 1-2002)
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Sec. 2002. Original individual license; Application; Fees. |
Applications by individuals for original licenses shall be made |
to the
Department, in writing, on forms prescribed by the |
Department. The application
shall be accompanied by the |
required fee, which is not refundable.
All license application |
fees collected under this provision of this Act shall
be |
deposited into the Explosives Regulatory Fund.
The application |
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shall require such information as in the judgment of
the |
Department will enable the Department to pass on the |
qualifications of
the applicant for a license. It shall |
include, but need not be limited to,
information concerning |
age, full name of applicant, present residence, date
of birth, |
sex, physical description, social security number or drivers
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license number, and the purpose for which and the place or |
places where the
explosive materials are to be used or |
possessed. Each applicant shall file,
with his application, |
fingerprint based data, or other state of the art criminal |
identification data, cards in the form and manner required by
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the Illinois Department of State Police to enable the Illinois |
Department of State Police to
conduct criminal history checks |
on the applicant.
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(Source: P.A. 88-599, eff. 9-1-94.)
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(225 ILCS 210/2003) (from Ch. 96 1/2, par. 1-2003)
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Sec. 2003. Criminal history background Fingerprint card |
fees; law enforcement exemption. Each applicant for a license |
shall
submit, in addition to the license fee, a fee specified |
by the Illinois Department
of State Police for processing |
fingerprint based data, or other state of the art criminal |
identification data, cards which may be made payable
to the |
State Police Services Fund and shall be remitted to the |
Illinois
Department of State Police for deposit into that fund. |
Law enforcement personnel who apply for an explosives license |
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in order to carry out their official functions may be exempted |
from the criminal history background requirement provided the |
law enforcement agency submits documentation that the |
applicant has previously been subjected to a criminal history |
background check.
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(Source: P.A. 86-364.)
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(225 ILCS 210/2004) (from Ch. 96 1/2, par. 1-2004)
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Sec. 2004. Investigation; Examination of applicant. Upon |
receipt of an
application, the Department shall investigate the |
eligibility of the
applicant. The Department has authority to |
request and receive from any
federal, state or local |
governmental agency such information and assistance
as will |
enable the Department him to carry out its his powers and |
duties under this Act. The Illinois
Department of State Police |
shall cause the fingerprint based data or other state of the |
art criminal identification data fingerprints of each |
applicant
to be compared with the fingerprint based data or |
other state of the art criminal identification data |
fingerprints of criminals now or hereafter filed with
the |
Illinois Department of State Police and with federal law |
enforcement agencies
maintaining official criminal |
identification fingerprint files. The investigation shall |
include,
but is not limited to, an oral examination and a |
written examination as to the
applicant's knowledge and ability |
regarding basic safety, possession,
handling, use, storage, |
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disposal and transportation of explosives. Passage
of these |
examinations is prerequisite to being considered for license
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issuance. Such
examinations may be administered by any person |
designated by the Department.
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(Source: P.A. 87-835; 88-599, eff. 9-1-94.)
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(225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
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Sec. 2005. Qualifications for licensure. |
(a) No person shall qualify to hold a license who: |
(1) is under 21 years of age; |
(2) has been convicted in any court of a crime |
punishable by imprisonment for a term exceeding one year; |
(3) is under indictment for a crime punishable by |
imprisonment for a term exceeding one year; |
(4) is a fugitive from justice; |
(5) is an unlawful user of or addicted to any |
controlled substance as defined in Section 102 of the |
federal Controlled Substances Act (21 U.S.C. Sec. 802 et |
seq.); |
(6) has been adjudicated a mental defective; or |
(7) is not a legal citizen of the United States. |
(b) A person who has been granted a "relief from |
disabilities" regarding criminal convictions and indictments, |
pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. |
845) may receive a license provided all other qualifications |
under this Act are met. |
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A person is qualified to receive
a license under this Act if |
the person meets the following minimum
requirements:
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(1) is at least 21 years of age;
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(2) has not willfully violated any
provisions of this |
Act;
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(3) has not made any material misstatement or
knowingly |
withheld information in connection with any original or
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renewal application;
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(4) has not been declared incompetent by any competent |
court
by reasons of mental or physical defect or disease |
unless a
court has since declared him competent;
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(5) does not abuse alcohol or prescription drugs or use |
illegal drugs;
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(6) has not been convicted in any jurisdiction of any |
felony within the
prior 5 years;
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(7) is not a fugitive from justice;
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(8) is of good moral character. Convictions of crimes |
not listed in
subsection (6) of this Section may be taken |
into account in determining
moral character but shall not |
operate as an absolute bar to licensure; and
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(9) has passed the oral and written examinations |
required under
Section 2004 of this Act.
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A licensee shall continue to meet these requirements in |
order to maintain his
license.
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(Source: P.A. 91-357, eff. 7-29-99.)
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(225 ILCS 210/2007) (from Ch. 96 1/2, par. 1-2007)
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Sec. 2007. Fee; Exemptions. Agencies of the United States, |
the State
and its political and civil subdivisions which are |
subject to the
requirements of this Act, and which, in the |
exercise of their emergency response functions,
are required to |
store, acquire, possess, use, transfer, or dispose of explosive |
materials or possess explosive materials shall not be
liable |
for the payment of any fee required by this Act.
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(Source: P.A. 86-364.)
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(225 ILCS 210/2008) (from Ch. 96 1/2, par. 1-2008)
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Sec. 2008. Issuance of license and renewals; notification |
of law enforcement officers Renewal. The Department shall
issue |
the appropriate license or renewal where the applicant
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satisfactorily meets the requirements of this Act and no |
grounds for
refusal, revocation, or suspension exist. Within 10 |
days after
the issuance of an original, replacement, or renewed |
license, the Department
shall notify the appropriate law |
enforcement officer of the municipality or
county where the |
explosive materials are to be used or possessed,
and provide |
such officer with any other information pertaining thereto as
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the Director may prescribe.
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(Source: P.A. 88-599, eff. 9-1-94.)
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(225 ILCS 210/2011) (from Ch. 96 1/2, par. 1-2011)
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Sec. 2011. Enforcement action; licenses. Refusal to issue |
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or renew license; disciplinary actions.
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(a) Failure to satisfy the age or examination requirements |
of Sections
2004 and 2005(1) shall result in automatic license |
denial.
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(b) Subject to the provisions of Sections 5003 through 5005 |
of this Act, the
Department may suspend, revoke, or shall |
refuse to issue or renew a license and may or shall take any |
other
disciplinary action that as the Department may deem |
proper, including the imposition
of fines not to exceed $5,000 |
for each occurrence, if the applicant or licensee
fails to |
comply with or satisfy the requirements of any provision of |
this Act
and for any of the following reasons:
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(1) Failure to meet or maintain the qualifications for |
licensure set forth
in Section 2005.
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(2) Willful disregard or violation of this Act or its |
rules.
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(3) Willfully aiding or abetting another in the |
violation of this Act or
its
rules.
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(4) Allowing a license issued under this Act to be used |
by an
unlicensed
person.
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(5) Possession, use, acquisition, transfer, handling, |
disposal, or storage
of
explosive materials in a manner |
that endangers the public health, safety, or
welfare.
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(6) Refusal to produce records or reports or permit any |
inspection lawfully requested by the Department. |
(7) Failure to make, keep, or submit any record or |
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report required by this Act or its implementing |
regulations; or making, keeping, or submitting a false |
record or report. |
(8) Material misstatement in the application for an |
original or renewal license. |
(c) (Blank). Subject to the provisions of Sections 5003 |
through 5005 of this Act,
the Department shall refuse to issue |
or renew a license or shall take any other
disciplinary action |
as the Department may deem proper, including the imposition
of |
fines not to exceed $5,000 for each occurrence, if the |
applicant or licensee
fails to comply with or satisfy the |
requirements of any provision of this Act
and for any of the |
following reasons:
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(1) Refusal to produce records or reports or permit any |
inspection
lawfully
requested by the Department.
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(2) Failure to make, keep, or submit any record or |
report required by this
Act or its implementing |
regulations; or making, keeping, or submitting a
false |
record or report.
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(d) (Blank). Subject to the provisions of Sections 5003 |
through 5005 of this Act,
violation of or non-compliance with |
any provision of this Act or its
implementing regulations |
constitutes grounds for disciplinary action,
license |
revocation, or both.
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(e) All fines collected under this Section shall be |
deposited into the
Explosives Regulatory Fund.
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(Source: P.A. 87-835; 88-599, eff. 9-1-94.)
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(225 ILCS 210/3000) (from Ch. 96 1/2, par. 1-3000)
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Sec. 3000. Storage requirements; exemptions. |
(a) No person, unless otherwise exempt excepted, shall |
store explosive
materials unless a storage certificate has been |
issued by the Department.
The Department shall, by rule, |
establish requirements for the storage of
explosive materials |
including magazine construction, magazine maintenance
and the |
distances from which magazines or factory buildings must be
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separated from other magazines, buildings, railroads and |
highways. In
establishing magazine construction, maintenance |
and distance requirements,
the Department shall differentiate, |
as appropriate, between types,
classifications and quantities |
of explosive materials and shall fully
consider nationally |
recognized industry standards and the standards
enforced by |
agencies of the federal government including the Bureau of
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Alcohol, Tobacco, and Firearms of the United States Department |
of the Treasury.
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(b) This Article does not apply to the purchase, receipt, |
possession, or use of black powder solely for sporting, |
recreational, or cultural purposes by an individual for his or |
her own use or for his or her immediate family living in the |
same household, unless the quantity of black powder is more |
than 5 pounds. Black powder in quantities greater than 5 pounds |
must be stored in accordance with this Article, regardless of |
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the intended usage. |
(Source: P.A. 86-364.)
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(225 ILCS 210/3001) (from Ch. 96 1/2, par. 1-3001)
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Sec. 3001. Storage requirements; Magazines.
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(a) No person shall possess or store explosive materials
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unless such explosive materials are stored in a magazine or in |
a factory
building in accordance with this Act except while |
being transported or being
used in preparation for blasting or |
while in the custody of a common
carrier awaiting shipment or |
delivery to a consignee during the time
permitted by federal |
law.
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(b) Not more than 300,000 pounds of explosive materials |
shall be stored in any magazine at
any one time.
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(c) (Blank). Magazines in which explosive materials shall |
be lawfully kept or
stored shall be constructed of brick, |
concrete, iron, wood covered with
iron or other suitable |
materials. The magazine shall not have openings
except for |
ventilation and entrance. Blasting caps, detonating or
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fulminating caps, or detonators shall be kept or stored in a |
separate
magazine from magazines where other explosive |
materials are kept or stored
and a storage certificate shall be |
obtained from the Department in
accordance with Section 3002.
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(d) (Blank). The doors of magazines shall be kept closed
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and locked at all times, except when opened for storage or |
removal of
explosive materials by persons authorized to enter |
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the magazine. Sufficient
openings shall be provided for |
ventilation and shall be screened to prevent
the entrance of |
sparks, except that magazines containing only black powder
may |
be constructed without openings for ventilation. At each |
magazine
site there shall at all times be kept conspicuously |
posted warning signs
as specified by the Department. All |
explosive materials must be
stored within the magazine in their |
original containers and such containers
shall be plainly marked |
with the name of the explosive contained
therein. Except for |
testing purposes in accordance with Section 5009, no
individual |
shall discharge firearms within 500 feet of a magazine or |
factory
building, or at or against any such building or |
magazine.
|
(e) (Blank). Magazines and the areas surrounding magazines |
shall be maintained,
as provided by rule, to avoid fire or |
explosive hazards.
|
(Source: P.A. 86-364; 87-835.)
|
(225 ILCS 210/3002) (from Ch. 96 1/2, par. 1-3002)
|
Sec. 3002. Storage Certificates.
|
(a) No person shall store explosive
materials until he has |
obtained a storage certificate from the Department.
No storage |
certificate shall be required, however, where holes are drilled
|
and the explosive materials are upon delivery, immediately and |
continuously
loaded into the holes for blasting from the mobile |
container in which they
were delivered. The container shall at |
|
all times be attended by an
authorized agent or employee of the |
seller or the user of the explosive
materials. In no event |
shall the mobile container of explosive materials
be exempt |
unless it is completely unloaded for blasting. Every person to
|
which this Section applies shall submit an application report |
to the Department, on forms
furnished by the Department, |
containing the following information:
|
(1) the location or proposed location of a magazine;
|
(2) the kind and maximum quantity of explosive |
materials intended to
be generally stored in the magazine; |
and
|
(3) the distance or intended distance of the magazine |
from the nearest
magazine, building, railroad and highway; |
and
|
(4) the name, explosive license number, and residence |
and business addresses of the person
designated as |
"magazine keeper"; |
(5) a description of the purposes for which explosive |
materials are intended to be stored or used; and |
(6) any other information that the Department deems |
necessary to implement the requirements of this Act.
|
(b) All storage
certificate application fees collected |
under this Act shall be deposited into
the Explosives |
Regulatory Fund.
Following receipt of an application such |
report, the Department shall inspect the
magazine. If it finds |
that the magazine is located and constructed in
accordance with |
|
this Act and rules adopted promulgated by the Department, then |
it shall
determine the quantity of explosive materials that may |
be stored in such
magazine and shall issue a storage |
certificate to the applicant showing
compliance with this Act |
and the maximum quantity of explosive materials
that may be |
stored in the magazine. The storage certificate shall be
|
prominently and conspicuously posted at the magazine.
|
(c) A storage certificate holder's authority to store |
explosives shall be limited to the type, maximum quantity, and |
purpose specified in his or her application to the Department, |
unless the certificate holder is granted a modification to the |
storage certificate. The Department shall approve any |
modification to the storage certificate if the certificate |
holder requests a modification and he or she meets the |
requirements of this Act. If any person to whom the certificate |
has been issued keeps or
stores explosive materials in excess |
of the amount authorized by the
certificate, or stores |
explosives material for a different purpose than indicated in |
the application without first obtaining the Department's |
approval to modify the certificate, then the Department may |
cancel the certificate or initiate an enforcement action. |
Whenever there
are changes in the physical conditions |
surrounding a magazine, such as the
erection of buildings, |
operation of railways or opening of highways near
such |
magazine, the Department shall, in accordance with the changed
|
conditions, modify or cancel the certificate. Upon |
|
cancellation of the
certificate, the magazine keeper owner |
shall immediately remove all explosive materials
from the |
magazine. The magazine keeper owner or user of a magazine shall |
promptly notify
the Department of any change in conditions.
|
(d) Storage certificates issued under this Act are not |
transferable. In
the event of the lease, sale or other transfer |
of the business or
operations covered by the certificate, the |
new owner, tenant or successor
in interest must obtain the |
storage certificate required by this Article
before storing |
explosive materials.
|
(e) No individual may act as a magazine keeper unless |
licensed under Article 2 of this Act. |
(Source: P.A. 87-835; 88-599, eff. 9-1-94.)
|
(225 ILCS 210/4002) (from Ch. 96 1/2, par. 1-4002)
|
Sec. 4002. Reporting accidents, incidents, theft, or loss |
Theft or loss. |
(a) A licensee or certificate holder shall immediately |
report to the Department, in a manner and form prescribed by |
the Department, any incident or accident related to explosive |
materials that results in personal injury or property damage. |
(b) The theft or loss of explosive
materials shall be |
reported within 24 hours of the discovery by the
licensee or |
certificate holder to the Department and to local law
|
enforcement authorities.
|
(Source: P.A. 86-364.)
|
|
(225 ILCS 210/4003) (from Ch. 96 1/2, par. 1-4003)
|
Sec. 4003. Recordkeeping and inspection.
|
(a) All license and certificate
holders shall maintain such |
records pertaining to the possession, use,
purchase, transfer |
and storage of explosive materials as the Department may
|
prescribe and shall furnish the Department or its authorized
|
representatives such records or other relevant information |
legally
requested by the Department or its representatives. In |
establishing record
keeping requirements, the Department shall |
consider the requirements imposed by
agencies of the federal |
government to avoid duplication or inconsistency. All records |
required by the Department related to the possession, use, |
purchase, transfer, or storage of explosive materials shall be |
maintained for a minimum of 3 years.
|
(b) (Blank). Every person selling or giving away an |
explosive material shall keep
at his principal office or place |
of business a journal, book of record or
other record setting |
forth, in legible writing, a complete history of the
|
transaction, including the following: (1) the name and quantity |
of the
explosive material, (2) the identification numbers of |
each
stick and container, (3) the name, residence and business |
address of the
purchaser, (4) the address to which the |
explosive material is to be
delivered, if different, and (5) |
the name and address, social security number,
driver's license |
number, and brief physical description of the individual
taking |
|
the explosive material and the type and license number of the
|
vehicle by which it is to be transported. The record keeping |
requirements
of this subsection do not apply when such |
transaction is between the
manufacturer of the explosive |
material and that manufacturer's employees
when the explosive |
materials involved are
being shipped by common carrier direct |
from the manufacturer's place of
business. Such journal, book |
of record or other record shall be open to
inspection by the |
Department or by law enforcement agencies.
No explosive |
materials shall be sold, given away or otherwise disposed of
or |
delivered to any person under 21 years of age, whether such |
person is
acting for himself or another.
|
(c) All license and certificate holders shall
permit their |
facilities to be inspected at reasonable times and in a
|
reasonable manner by representatives of the Department.
|
(Source: P.A. 86-364; 87-835.)
|
(225 ILCS 210/5001) (from Ch. 96 1/2, par. 1-5001)
|
Sec. 5001. Powers, duties and functions of Department. In |
addition to the
powers, duties and functions vested in the |
Department by this Act, or by
other laws of this State, the |
Department shall have the full powers and authority to carry |
out and administer this Act, including has the following |
powers,
duties, and functions:
|
(a) To adopt promulgate reasonable rules consistent with |
this Act
to carry out the purposes and enforce the provisions |
|
of this Act.
|
(b) To prescribe and furnish application forms,
licenses, |
certificates and any other forms necessary under this Act.
|
(c) To prescribe examinations which reasonably test the
|
applicant's knowledge of the safe and proper use, storage, |
possession,
handling, and transfer of
explosive materials.
|
(d) To establish and enforce reasonable standards for the |
use,
storage, disposal and transfer of explosive materials.
|
(e) To issue licenses and certificates to qualified |
applicants who
comply with the requirements of this Act and its |
rules.
|
(f) To suspend, revoke or refuse to issue or renew licenses |
or
certificates, or take other disciplinary action, including |
the
imposition of fines.
All fines collected under this Act |
shall be deposited into the Explosives
Regulatory Fund.
|
(g) To establish by rule the expiration and renewal period |
for licenses
and certificates issued under this Act, and to |
establish and collect
license and certificate application |
fees, fingerprint card fees required by the Illinois State |
Police for criminal identification purposes, and such other |
fees as
are authorized or necessary under this Act.
|
(h) To conduct and prescribe rules of procedure for |
hearings under this Act.
|
(i) To appoint qualified inspectors
to periodically visit |
places where explosive materials may be stored or
used, and to |
make such other inspections as are necessary to determine
|
|
satisfactory compliance with this Act.
|
(j) To receive data and assistance from federal, State and |
local
governmental agencies, and to obtain copies of |
identification and arrest
data from all federal, State and |
local law enforcement agencies for use in
carrying out the |
purposes and functions of the Department and this Act.
|
(k) To receive and respond to inquiries from the industry, |
public,
and agencies or instrumentalities of the State, and to |
offer advice, make
recommendations and provide monitoring |
services pertinent to such inquiries
regarding the safe and |
proper storage, handling, and use of explosive materials.
|
(l) To inform, advise, and assist institute or cause to be |
instituted legal proceedings in the
circuit court by the |
State's Attorney of the county where any
noncompliance with or |
violation of this Act occurs when the State's Attorney is |
seeking criminal charges against a person pursuant to Section |
5010 or 5011 of this Act.
|
(m) To bring an action in the name of the
Department, |
through the Attorney General of the State of Illinois, whenever
|
it appears to the Department that any person is engaged or is |
about to
engage in any acts or practices that constitute or may |
constitute a
violation of the provisions of this Act or its |
rules,
for an order enjoining such violation or for an order
|
enforcing compliance with this Act. Upon filing of a verified |
petition in
such court, the court may issue a temporary |
restraining order without
notice or bond and may preliminarily |
|
or permanently enjoin such violation.
If it is established that |
such person has violated or is violating the
injunction, the |
court may punish the offender for contempt of court.
|
Proceedings under this paragraph are in addition to, and not in |
lieu
of, all other remedies and penalties provided for by this |
Act.
|
(n) The powers, duties and functions vested in the |
Department under the
provisions of this Act shall not be |
construed to affect in any manner the
powers, duties and |
functions vested in the Department under any other provision
of |
law.
|
(Source: P.A. 87-835; 88-599, eff. 9-1-94.)
|
(225 ILCS 210/5003) (from Ch. 96 1/2, par. 1-5003)
|
Sec. 5003. Appeal to Department; Hearing; Notice.
|
(a) Whenever the Department intends to refuse to issue or |
renew or to
suspend, revoke or take other disciplinary action |
with respect to a license
or certificate,
the Department shall |
give notice to the applicant or holder. Such notice
shall be in |
writing, shall state specifically the grounds upon which the
|
Department intends to take the indicated action and shall be |
served by
delivery of the same personally to the applicant or |
holder, or by mailing
the same by registered or certified mail |
to the applicant or holder's last
known address. The aggrieved |
party may appeal to the
Department for a hearing. The applicant |
or holder shall request such a
hearing in writing within 30 |
|
days after notice is mailed.
The provisions
of Sections 5003 |
through 5005 shall not apply to decisions of the
Department to |
deny a license or certificate based on an applicant's failure
|
to satisfy any age or examination requirements.
|
(b) Upon the receipt of a request for a hearing, the |
Department shall
order a hearing to be held.
The hearing |
proceedings shall be commenced within 30 days after of the |
receipt by the
Department of the request for a hearing unless |
the hearing is continued for
good cause at the request of any |
party.
The Department shall, at least 10 days prior to the date |
set for the hearing,
notify in writing the applicant for or |
holder of a license or certificate
that a hearing will be held |
at the place and on the date designated in the
notice to |
determine whether the applicant or holder is qualified to hold |
a
license or certificate, and that the Department shall afford |
the
applicant or holder an
opportunity to be heard. Such |
written notice may be served by personal
delivery to the |
applicant or holder, or by mailing the notice by registered
or |
certified mail to the applicant or holder's last known address.
|
(c) At the time and place
fixed in the notice, the |
Department shall proceed to hear the appeal, and
all parties to |
the proceeding shall have the opportunity to present such
|
statements, testimony, evidence and argument as may be relevant |
to the
proceeding. Hearings shall be conducted by hearing |
officers appointed by
the Department, and an authorized agent |
of the Department may administer
oaths to witnesses at any |
|
hearing which the Department is authorized to
conduct. The |
Department, if necessary, may continue such hearing from time
|
to time. Hearing officers may authorize reasonable discovery by |
any party. The Illinois Code of Civil Procedure and Illinois |
Supreme Court rules shall not be applicable to hearing |
proceedings under this Section.
|
(d) Nothing in this Section shall be construed to limit the
|
authority of the Department to deny, refuse to issue or renew, |
or suspend,
revoke, or take other disciplinary action with |
respect to a license or
certificate if the applicant or holder |
waives the right to a hearing by
failing to request a hearing |
within the prescribed time after notice is mailed
received.
|
(Source: P.A. 87-835; 88-599, eff. 9-1-94.)
|
(225 ILCS 210/5004) (from Ch. 96 1/2, par. 1-5004)
|
Sec. 5004. Record of proceedings; transcript. The |
Department or aggrieved party may shall
provide at its or his |
or her expense a certified shorthand reporter to take down the
|
testimony and preserve a record of all proceedings at the |
hearing of any
case involving denial or refusal to issue or |
renew a license or
certificate, or the suspension or revocation |
or other discipline of a
license or certificate. Copies of the |
transcript of such record may be
purchased from the certified |
shorthand reporter who prepared the record.
|
(Source: P.A. 86-364.)
|
|
(225 ILCS 210/5006) (from Ch. 96 1/2, par. 1-5006)
|
Sec. 5006. Actions without notice of hearing. |
Notwithstanding any other provision of this Act, whenever the |
Department
finds that a condition or practice exists which |
could reasonably be
expected to cause death or serious physical |
harm or property damage, and if
the Department
incorporates a |
finding to that effect in an order, it may summarily suspend
or |
revoke a license or certificate, or order such immediate action |
as may
be necessary to abate the condition or practice. |
Whenever summary action is
taken under this Section, the |
Department shall, simultaneously with such
action, serve upon |
the holder a copy of its order which shall be effective
|
immediately. Upon the request of the aggrieved party, the |
Department shall conduct a hearing regarding its order in |
accordance with the requirements of Sections 5003, 5004, and |
5005 of this Act. A hearing, if properly requested, shall be |
commenced within 15
days of the date of the order and concluded |
as soon as practicably possible.
|
(Source: P.A. 87-835; 88-599, eff. 9-1-94.)
|
(225 ILCS 210/5008) (from Ch. 96 1/2, par. 1-5008)
|
Sec. 5008. Administrative Review Law. All final
|
administrative decisions of the Department under this Act are
|
subject to judicial review pursuant to the Administrative |
Review Law (735 ILCS 5/3-101 et seq.), as
now or hereafter |
amended, and its rules.
The term "administrative decision" is |
|
defined as in Section 3-101
of the Code of Civil Procedure. |
Appeals from all orders and judgments
entered by the court, in |
reviewing a final administrative decision of the
Department, |
may be taken by any party to the action as in other civil
|
cases. Pending final decision on such review, the acts, orders |
and rulings
of the Department shall remain in full force and |
effect unless modified or
suspended by order of court pending |
final judicial decision. The Department
shall not be required |
to certify any record to the court or file any answer
in court |
or otherwise appear in any court in a judicial review |
proceeding,
unless there is filed in the court with the |
complaint a receipt from the
Department acknowledging payment |
of the costs of furnishing and certifying
the record, which |
costs shall be computed at the rate of 35 cents
per page.
|
Failure on the part of the plaintiff to file such receipt
in |
court shall be grounds for dismissal of the action.
|
(Source: P.A. 88-599, eff. 9-1-94.)
|
(225 ILCS 210/5010) (from Ch. 96 1/2, par. 1-5010)
|
Sec. 5010. Unlawful possession. Any person subject to this |
Act
who possesses an explosive material without having obtained |
a valid license
or certificate under this Act is guilty of a |
Class 3 felony unless otherwise
exempted under Section 1005 or |
2000 of this Act. Any person subject to this Act who transfers |
explosive material to a person who does not possess a valid |
license or certificate under this Act is guilty of a Class 3 |