Public Act 90-0449 of the 90th General Assembly
Public Act 90-0449
SB689 Enrolled LRB9000098DJccA
AN ACT to amend the Hazardous Materials Emergency Act by
changing Sections 3, 4, 5, 5.07, 5.09, 6, 8, 8.02, and 8.03,
by adding Section 5.11, and by repealing Section 5.02.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Hazardous Materials Emergency Act is
amended by changing Sections 3, 4, 5, 5.07, 5.09, 6, 8, 8.02,
and 8.03 and by adding Section 5.11 as follows:
(430 ILCS 50/3) (from Ch. 127, par. 1253)
Sec. 3. It is the purpose of this Act to require the
Illinois Department of Transportation to adopt by regulation
the federal hazardous materials placarding regulations
promulgated under the Hazardous Materials Transportation Act
(PL 93-633) for interstate and intrastate transportation of
hazardous materials as they are applicable in the State of
Illinois, and to recommend that units of local government
require the Illinois Emergency Management Agency to adopt
regulations for hazard signage systems applicable to
placarding the use, storage, and manufacture of hazardous
materials with the following exceptions:
(a) No hazard signage system or State placarding
requirements shall apply to the use, storage, or
transportation of a hazardous material that is located on a
farm or being transported to a farm and that is used solely
for agricultural purposes. It is not the purpose of this
Section to exempt the owner of an agricultural hazardous
material from reporting an accident involving the material as
required in Sections 7 and 7.01 of this Act, nor is it the
purpose of this Section to exempt from the placarding
requirements the storage, transportation or manufacture of a
hazardous material that is an agricultural material when the
material is in the possession of the manufacturer,
distributor, dealer, retailer or any other person who handles
the material in larger quantities than those designed for
consumer use or for any purpose other than its intended
agricultural usage.
(b) (Blank). If the Agency determines, after public
hearing, that State required placarding of a hazardous
material during use, storage or manufacture may draw
attention to the material and thereby endanger the public
health and safety, the Agency may, by regulation, exempt any
hazardous material or class of hazardous materials from the
State placarding requirements, except that no regulations
shall be adopted exempting a hazardous material from
placarding without the approval of the Hazardous Materials
Advisory Board.
(c) No State placarding requirements or hazard signage
requirements adopted pursuant to this Act shall apply to
pipelines or meters involved in the transmission of natural
or flammable gas by a public utility as defined in the
Public Utilities Act.
(d) This Act does not authorize the Department to
require any placarding system for transportation of hazardous
materials that is inconsistent with any placarding system
required by Federal law or regulation, nor does it authorize
the Department to require any placarding system or other
standards for transportation of hazardous materials that is
more stringent than any placarding system or standard
required by the federal law or regulations in situations
where a federal placarding system exists.
(Source: P.A. 87-168.)
(430 ILCS 50/4) (from Ch. 127, par. 1254)
Sec. 4. There is hereby created a Hazardous Materials
Advisory Board, composed of 21 20 members as follows: the
Director of the Illinois Emergency Management Agency, or his
designee; the Director of Agriculture or his designee; the
Director of the Office of Mines and Minerals in the
Department of Natural Resources or his designee; the Chairman
of the Illinois Commerce Commission or his designee; the
Director of Public Health or his designee; the Director of
the Environmental Protection Agency or his designee; the
Secretary of Transportation or his designee; the State Fire
Marshal or his designee; the Director of State Police or his
designee; the Director of Natural Resources or his designee;
the Illinois Attorney General or his designee; the Director
of Nuclear Safety or his designee; the Executive Director of
the Illinois Law Enforcement Training Standards Board or his
designee; the Director of the Illinois Fire Service
Institute, University of Illinois, or his designee; and a
representative from the Illinois Association of Chiefs of
Police; the Illinois Fire Chief's Association; the Illinois
Sheriff's Association; the Illinois Emergency Services
Management Association; and 4 members appointed by the
Governor, one of whom shall represent volunteer firefighters
firemen, one of whom shall represent the local emergency
response service and two shall represent the business
community. The Chairman shall be selected by the membership
from those members not representing a State agency.
The Board shall meet within 90 days of the effective date
of this amendatory Act of 1984 to select a chairman, other
officers and establish an organization structure as the
members deem necessary and thereafter at the call of the
chair or any 11 members. A person who has been designated by
the Director of his department to represent the Director on
the Board shall be entitled to vote on all questions before
the Board. Eleven members of the Board constitute a quorum,
except that where members have not been appointed or
designated to the Board, a quorum shall be constituted by a
simple majority of the appointed or designated membership.
The Board shall advise and make recommendations to the
Agency regarding the placarding of hazardous materials in
fixed locations and the reporting of an accident involving
hazardous materials and to the Department regarding the
placarding of transportation of hazardous materials. The
Board shall design a program and develop a Statewide plan
providing for a coordinating system among State agencies and
departments and units of local government, for response to
accidents involving hazardous materials. Every attempt shall
be made to avoid requiring any person to report an accident
involving hazardous materials to more than one State agency.
If at all possible, the primary agency receiving the reports
shall be the Illinois Emergency Management Agency, and that
agency shall relay reports to other State and local agencies.
In developing the Statewide Emergency Response Plan, the
Board shall organize the State into Regional Emergency
Response Districts, identifying the available resources in
each District and assuring that the Plan incorporates those
existing resources. Effort shall be made to create a
Statewide Plan that allows response to a hazardous material
incident within 20 minutes of its report.
The Board shall form from among its members, an Emergency
Response Training and Standards Committee. The Secretary of
Transportation or his designee, the State Fire Marshal or his
designee, and the representatives from the Chiefs of Police,
Fire Chiefs and Sheriff's Association shall also serve on the
Committee. It shall be the duty of this Committee, with
final approval of the Board, to recommend standardized
training courses for firefighters firemen, police officers,
and other hazardous material emergency response personnel of
the State and local governments; to recommend standards for
hazardous material emergency response equipment; and
recommend standards for achievement levels for the various
hazardous material emergency response personnel. The
standardized courses shall include training for firefighters
firemen, police officers, and other hazardous material
emergency response personnel described in the federal
regulations relating to the placarding system that has been
promulgated under the Hazardous Materials Transportation Act
(P.L. 93-633).
The Board shall review and recommend the material to be
provided under Sections 5.04, 5.05, and 5.06 of this Act and
assure the development of a plan for those activities in
Section 5.07 of this Act.
The Board shall have the duty to study and recommend to
the various State agencies, local governments and the General
Assembly any aspect of placarding in transportation, hazard
signage systems, the training of hazardous material emergency
response personnel, the equipment used in hazardous material
emergency response, the planning for hazardous material
emergency response, and the dissemination of information
concerning these areas.
The Department of Transportation and the Illinois
Emergency Management Agency shall furnish meeting facilities,
staff, and other administrative needs of the Board. The
Agency or the Department shall inform the Board whenever the
Agency or the Department is considering the adoption of any
regulations under this Act. The Agency or the Department
shall send a copy of all proposed regulations to each member
of the Board; the Board shall be represented at all public
hearings regarding proposals for and changes in Agency or the
Department regulations. The Board may, at its discretion,
present the Agency or the Department with its written
evaluation of the proposed regulations or changes.
Before the Agency or the Department exempts any hazardous
material from the placarding regulations, under Section 3 of
this Act, the Board must approve the regulations providing
for the exemption.
By January 1, 1978, the Board shall determine which
persons involved in the use, storage, transportation, or
manufacture of hazardous materials can be inspected for
compliance with the placarding provisions of this Act within
the current statutory scope of each agency or department of
State government. If the Board determines that there are
specific categories of persons regulated by this Act who
cannot readily be inspected by existing personnel within the
statutory authority of the departments and agencies, or if
the Board determines that the purpose of this Act can be
better served by a centralized inspection responsibility, the
Board shall propose statutory changes to the General Assembly
to provide for the inspection.
(Source: P.A. 89-445, eff. 2-7-96.)
(430 ILCS 50/5) (from Ch. 127, par. 1255)
Sec. 5. The Agency or the Department shall exercise the
applicable powers and duties granted in Sections 5.01 through
5.10. Units of local government may exercise the powers
granted in Section 5.11.:
(Source: P.A. 79-1442.)
(430 ILCS 50/5.07) (from Ch. 127, par. 1255.07)
Sec. 5.07. To coordinate with the other members of the
Board to determine which department or agency can best,
within the statutory scope of its duties, inspect facilities
and equipment for the use, storage, transportation, and
manufacture of hazardous materials to determine whether they
are in compliance with applicable federal or State
regulations the placarding provisions of this Act.
(Source: P.A. 79-1442.)
(430 ILCS 50/5.09) (from Ch. 127, par. 1255.09)
Sec. 5.09. To provide for a period of 90 days following
the adoption of any hazard placarding system, communication
system or any other regulation or requirement, during which
any person engaged in the use, storage, transportation or
manufacture of hazardous materials or any local emergency
response agency shall take the necessary steps to comply
with such hazard placarding system, communication system or
any other regulation or requirement. Copies of any hazard
placarding systems, communication systems or any other
regulation or requirement which is adopted shall be filed
with the Secretary of State and shall be available to the
public at a reasonable cost for the copying thereof.
(Source: P.A. 79-1442.)
(430 ILCS 50/5.11 new)
Sec. 5.11. Units of local government; hazard signage
systems.
(a) A unit of local government may adopt ordinances or
regulations requiring a hazard signage system applicable to
equipment, facilities, structures, or locations involved in
the use, storage, or manufacture of hazardous materials.
The hazard signage system (such as, but not limited to, the
National Fire Protection Association standard "NFPA 704"
system as specified in its Standard System for the
Identification of the Fire Hazards of Materials for
Emergency Response) shall be consistent with any such
signage required by federal law or regulation.
(b) An ordinance or regulation adopted by a unit of
local government under this Section requiring a hazard
signage system may not take effect sooner than 90 days after
its adoption by the unit of local government.
(c) A home rule unit may not regulate hazard signage
systems in a manner inconsistent with the regulation of
those systems by the State under this Act or by the federal
government. This Section is a limitation under subsection
(i) of Section 6 of Article VII of the Illinois Constitution
on the concurrent exercise by home rule units of powers and
functions exercised by the State.
(430 ILCS 50/6) (from Ch. 127, par. 1256)
Sec. 6. It is the responsibility of any person who
leases, operates or controls any facilities, or equipment,
structures, or locations for the use, storage,
transportation, or manufacture of hazardous materials to
display on such facility, or equipment, structure, or
location appropriate hazard signage as described and in such
manner as provided by regulation promulgated by the Agency or
the Department pursuant to Section 5 of this Act or as
provided by ordinance or regulation adopted by a unit of
local government pursuant to Section 5.11.
(Source: P.A. 79-1442.)
(430 ILCS 50/8) (from Ch. 127, par. 1258)
Sec. 8. Any person who fails to comply with the
requirements of or violates any of the provisions of Section
6 of this Act or the rules and regulations promulgated by
the Agency or the Department pursuant to those Sections or
who fails to comply with the requirements of or violates any
of the provisions of an ordinance or regulation adopted by a
unit of local government pursuant to Section 5.11, shall be
guilty of a Class C misdemeanor for the first offense or a
Class B misdemeanor for second and subsequent offenses.
(Source: P.A. 81-384.)
(430 ILCS 50/8.02) (from Ch. 127, par. 1258.02)
Sec. 8.02. The State's Attorney or the Attorney General
may, without delay, institute an action in a court of
competent jurisdiction for penalties authorized by this Act
as well as for other remedies, including injunctive relief,
that are necessary to restrain or remedy violations of this
Act It shall be the duty of each State's Attorney to whom any
violation is reported to cause appropriate proceedings to be
instituted and prosecuted in a court of competent
jurisdiction without delay, except that no prosecution may be
commenced the State's Attorney shall not commence
prosecutions under this Act against any defendant who, at the
time, is a defendant with regard to any current pending
complaint, information or indictment filed by the United
States for violation of the "Hazardous Materials
Transportation Act" (PL 93-633) if the federal complaint,
information or indictment is based on the same alleged action
or inaction by the defendant which would be cause for
prosecution under this Act.
(Source: P.A. 79-1442.)
(430 ILCS 50/8.03) (from Ch. 127, par. 1258.03)
Sec. 8.03. Any person or entity who violates any
provision of this Act, or any ordinance, rule, regulation or
order made pursuant to this Act, shall be liable for a civil
penalty of not to exceed $10,000 for each violation, and an
additional civil penalty of not to exceed $1,000 for each day
during which violation continues.
(Source: P.A. 84-852.)
(430 ILCS 50/5.02 rep.)
Section 90. The Hazardous Materials Emergency Act is
amended by repealing Section 5.02.
Section 99. Effective date. This Act takes effect upon
becoming law.