TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.10 SCOPE AND AUTHORITY
Section 200.10 Scope and
Authority
This Part implements the
Illinois Explosives Act (the Act) [225 ILCS 210] and applies to all possession,
acquisition, storage, use, transfer and disposal of explosive materials that
can be or are classified as Division 1.1, 1.2, 1.3 and 1.5 explosives by 49 CFR
173.5 except as otherwise provided in the Act. This Part is intended to
supplement the requirements of any federal or State law and regulations
governing the storage, use, acquisition, possession, disposal and transfer of
explosive materials, but shall be construed, wherever possible to avoid
conflicting or duplicative requirements. Obtaining an explosives license, a
temporary explosives license or storage certificate under this Part does not
waive the requirements of any other federal, State or local law or ordinance
regulating blasting and explosives.
(Source: Amended at 45 Ill.
Reg. 4490, effective March 26, 2021)
 | TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.11 DEFINITIONS
Section 200.11 Definitions
The following definitions have
the meanings specified, except when another meaning is provided in this Part:
"Acceptor"
means a charge of explosives or blasting agent receiving an impulse from an
exploding donor charge.
"Act"
means the Illinois Explosives Act [225 ILCS 210].
"Airblast"
(also known as "air overpressure") means airborne waves resulting
from the detonation of explosives. Airblast may be caused by burden movement
or the release of expanding gas into the air. Airblast may or may not be
audible.
"Ammonium
Nitrate" means the ammonium salt of nitric acid represented by the formula
NH4NO3.
"ANFO"
means an explosive material consisting of ammonium nitrate and fuel oil.
"Artificial
Barricade" means an artificial mound or revetted wall of earth of a
minimum thickness of 3 feet at the top of the mound or wall, or a mound or
revetted wall of other material offering equivalent protection. Artificial
barricades that are vegetated shall be of sufficient slope to enable mowing.
"ATF"
means the Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department
of Justice.
"Attended
at all Times" means that the Type 3 magazine and any explosives must
always be within the line of sight of, and visible to, a member of the work or
blasting crew authorized to enter the magazine.
"Authorized
Person" means a person holding a current Illinois Surface Aggregate
Blasting License, Illinois Surface Coal Certification [225 ILCS 210],
Individual Explosives License or qualifying for an exemption pursuant to
Section 200.90(d)(5).
"Barricaded"
means the effective screening of a building containing explosives from a magazine
or other building, railway, or highway by a natural or an artificial barrier.
A straight line from the top of any sidewall of the building containing
explosives to the eave line of any magazine or other building or to a point 12 feet
above the center of a railway or highway shall pass through the barrier.
"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.
"Blast"
or "Blasting" means:
the firing of
explosive materials for such purposes as breaking rock or other material,
moving material, generating seismic waves, or initiation of display fireworks;
and
the assembly
of explosive materials for those purposes.
"Blast Zone"
means the area of a blast within the influence of flying rock, missiles, debris,
gases, airblast and any areas where Department regulated display fireworks are
initiated.
"Blasting
Agent" means any material or mixture 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 shipment, cannot be
detonated by means of a No. 8 blasting cap, as defined by ATF, when unconfined and
is classified as a Division 1.5 material under 49 CFR 173.50.
"Blasting
Cap" means a detonator that is initiated by a safety fuse.
"Bulk
Mix" means a mass of explosive material prepared for use in bulk form
without packaging.
"Bulk Mix
Truck or Delivery Equipment" means equipment (usually a motor vehicle with
or without a mechanical delivery device) that transports explosive materials in
bulk form for mixing or loading directly into blastholes, or both.
"Bullet-Resistant"
means magazine walls or doors of construction resistant to penetration of a
bullet of 150-grain M2 ball ammunition having a nominal muzzle velocity of 2700
feet per second fired from a .30 caliber rifle from a distance of 100 feet
perpendicular to the wall or door. When a magazine ceiling or roof is required
to be bullet-resistant, the ceiling or roof shall be constructed of materials
comparable to the side walls or of other materials that will withstand
penetration of the bullet described in this definition when fired at an angle
of 45 degrees from the perpendicular. Tests to determine bullet resistance
shall be conducted on test panels or empty magazines that shall resist
penetration of 5 out of 5 shots place independently of each other in an area at
least 3 feet by 3 feet.
"Certificate"
means a storage certificate issued by the Department allowing for the proper
storage of explosives in accordance with the Act.
"Deflagration"
means an explosive reaction such as a rapid combustion that moves through an
explosive material at a velocity less than the speed of sound in the material.
"Department"
means Illinois Department of Natural Resources.
"Detonating
Cord" means a flexible cord containing a center core of high explosive.
"Detonation"
means an explosive reaction that moves through an explosive material at a
velocity greater than the speed of sound in the material.
"Detonator"
means any device that contains any initiating or primary explosive that is used
for initiating detonation and is classified as a Division 1.1 or 1.4 material
under 49 CFR 173.50 (March 30, 2017). A detonator may not contain more than 10
grams of total explosives by weight, excluding ignition or delay charges.
"Director"
means Director of the Department of Natural Resources or the Director's
designee.
"Disposal",
with respect to explosive materials, means to render inert pursuant to
manufacturer's recommendations or commonly accepted industry standards.
"Donor"
means an exploding charge producing an impulse that impinges upon an explosive
"acceptor" charge.
"Explosive"
means any chemical compound, mixture or device, the primary or common purpose
of which is to function by explosion, that can be classified as a Division 1.1,
1.2 or 1.3 material under 49 CFR 173.50. The term includes high and low
explosives and any explosive devices containing over one quarter ounce of
explosive material. This term does not include consumer fireworks that have a
bulk total gross weight of under 1,001 pounds, but does include display
fireworks. Consumer fireworks with a total gross weight of 1,001 pounds or
more are only subject to the storage requirements in this Section as defined in
the definition of "Consumer Fireworks".
"Explosive
Devices" means devices intended to produce audible and visual effects in
conjunction with a detonation or deflagration, commonly referred to as
M-devices, quarter sticks, cherry bombs and pipe bombs that exceed the U.S.
Consumer Product Safety Commission's explosive weight limits for consumer
fireworks that contain explosive material and are therefore classified as
illegal under federal and State laws. This term does not include binary
exploding targets for their intended personal use (see 27 CFR 555).
"Explosive
Materials" means explosives, blasting agents, water gels, detonators, and
all items included within the "List of Explosive Materials" provided in
27 CFR 555.23.
"Fire-Resistant"
means construction designed to offer reasonable protection against fire.
"Fireworks" means any
composition or device designed for the purpose of producing a visible or an
audible effect by combustion, deflagration or detonation, and that meets the
definition of "consumer fireworks" or "display fireworks"
as follows:
"Consumer Fireworks"
means any small fireworks device designed to produce visible effects by
combustion and that must comply with the construction, chemical composition and
labeling regulations of the U.S. Consumer Product Safety Commission (16 CFR
1500 and 1507). Some small devices designed to produce audible effects are
included, such as whistling devices, ground devices containing 50 mg (0.77
grain) or less of explosive materials, and aerial devices containing 130 mg (2
grains) or less of explosive materials. Consumer fireworks are classified as
Explosives, Class 1, Division 1.4, UN0336 or UN0337, by the U.S. Department of
Transportation (USDOT) (see 49 CFR 172.101). No consumer firework cake,
designed for non-professional (consumer) use, shall exceed 500 grams in total
explosive chemical composition. Any bulk storage or holding of consumer
fireworks in quantities of 1,001 pounds or greater, not in compliance with the
Pyrotechnic Use Act (425 ILCS 35) and/or Pyrotechnic Distributor and Operator
Licensing Act (225 ILCS 227), shall be stored in a Department certified Type 1,
Type 2 or Type 4 magazines and must meet the distancing requirements, contained
within Section 200.Appendix B, as it pertains to the safe storage of low
explosives.
"Display Fireworks"
means large fireworks designed to produce visible or audible effects by
combustion, deflagration or detonation. This term includes, but is not limited
to, salutes containing more than 130 mg (2 grains) of explosive materials,
aerial shells containing more than 40 grams (616 grains) of total pyrotechnic
and explosive composition, and other display pieces that exceed the limits for
classification as consumer fireworks. Display fireworks are classified as
Explosives, Class 1, Division 1.1, 1.2 or 1.3, UN0333, UN0334 or UN0335, by
USDOT (see 49 CFR 172.101). This term also includes fused set pieces
containing components that together exceed 50mg of salute powder. This term
also includes pyrotechnic devices for professional use that are classified as
UNO431 or UNO432. Consumer fireworks designed for professional use and labeled
as such by the regulations of the U.S. Consumer Product Safety Commission (16
CFR 1500 and 1507), such as articles pyrotechnic, that are similar to consumer
fireworks in chemical composition and construction, but are not intended for
consumer usage, shall fall under the requirements of licensing and storage
requirements by the Department for display fireworks (see also APA Standard
87-1A (2.4 General Requirements for Consumer Fireworks and Novelties)). Any
bulk storage or holding of consumer fireworks in quantities of 1,001 pounds or
greater, not in compliance with the Pyrotechnic Use Act [425 ILCS 35] and/or Pyrotechnic
Distributor and Operator Licensing Act [225 ILCS 227], shall be stored in a
Department certified Type 1, Type 2 or Type 4 magazines and must meet the
distancing requirements in Section 200.Appendix B as it pertains to the safe
storage of low explosives.
"Grains"
means a system of weight measurement in which 7000 grains are equivalent to one
standard 16-ounce pound (0.45 kg).
"Gross
Weight" means the total weight of the explosive which includes all aspects
of the product including the actual product, its packaging, and any other
packing required to enable the shipping of the product.
"Hardwood"
means red oak, white oak, hard maple, ash or hickory, or material of equivalent
structural integrity, free from loose knots, wind shakes or similar defects.
"High
Explosive" means explosives that are characterized by a very high rate of
reaction, high pressure development, and the presence of a detonation wave in
the explosive.
"Highway"
means any public street, public road or public alley and includes privately
financed, constructed or maintained roads that are regularly and openly
traveled by the general public.
"Inhabited
Building" means a building regularly occupied in whole or part as a
habitation for human beings, or any church, schoolhouse, railroad station,
store or other structure where people are accustomed to assembly, except any
building or structure occupied in connection with the manufacture,
transportation, storage or use of explosive materials.
"Inventory"
means a listing of all explosive materials and devices being possessed or stored
in a magazine.
"License"
means a license issued by the Department under Article 2 of the Act authorizing
the holder to possess, use, purchase, transfer or dispose of, but not to store,
explosive materials.
"Low
Explosive" means explosives characterized by deflagration.
"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 which the
magazines are located.
"Magazine
Keeper" means a qualified supervisory person licensed by the Department or
otherwise exempted under Article 2 of the Act who is responsible for:
acquisition,
storage, use, possession, transfer and disposal of explosive materials,
including inventory and transaction records; and
proper
maintenance of explosive materials, storage magazines and surrounding areas.
"Natural
Barricade" means natural features of the ground, such as hills, or timber
of sufficient density that the surrounding exposures that require protection
cannot be seen from the magazine when the trees are bare of leaves.
"Non-sparking
Metal" means a metal that will not produce a spark when struck with other
tools, rock or hard surfaces.
"Office
of Mines and Minerals" or "Office" means the office of the
Department of Natural Resources charged with regulating the storage, use,
acquisition, possession, disposal and transfer of explosive materials pursuant
to the Act.
"Person"
means any individual, corporation, company, association, partnership or other
legal entity, except that, with reference to individual licenses or when the
context otherwise requires, person means a natural person.
"Plywood"
means exterior construction-grade plywood.
"Propagation"
means the detonation of explosive charges by an impulse received from adjacent
or nearby explosive charges.
"Propellant
Powder" means an explosive of fine granulation that, through burning,
produces gases at a controlled rate to provide the energy for propelling a
projectile.
"Railway"
means any public steam, electric or other railroad or rail system that carries
passengers for hire, but shall not include auxiliary tracks, spurs and sidings
installed and primarily used in serving any mine, quarry or plant.
"Salute" means an aerial
shell, classified as a display firework, that contains a charge of flash powder
and is designed to produce a flash of light and a loud report as the
pyrotechnic effect.
"Small
Arms Primer" means a device for lighting the powder charge in a modern
cartridge of ammunition.
"Softwood"
means Douglas fir or other wood of equal bullet resistance and free from loose
knots, wind shakes or similar defects.
"Steel"
means general purpose (hot or cold rolled) low-carbon steel or equivalent.
"Theft-Resistant"
means construction designed to deter illegal entry into facilities used for the
storage of explosive materials.
"Transfer"
of explosive materials means to sell, give, distribute or otherwise dispose of
explosive materials.
"Unbarricaded"
means the absence of a natural or artificial barricade around explosive storage
areas of facilities.
"Use"
of explosive materials means the detonation, ignition, deflagration, manufacturing,
handling or any other means of initiating explosive materials.
"Water Gels"
means explosives or blasting agents that contain a substantial proportion of
water.
"Weather
Resistant" means construction designed to offer reasonable protection
against weather.
(Source: Amended at 48 Ill.
Reg. 9600, effective June 24, 2024)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.12 INCORPORATED MATERIALS
Section 200.12 Incorporated
Materials
a) The following documents are incorporated or referenced in
various Sections of this Part:
1) The National Fire Protection Association (NFPA)
1 Batterymarch Park
P.O. Box 9101
Quincy MA 02169-7471
A) NFPA 70: The National Electrical Code (2020 Edition)
B) NFPA
1123: Code for Fireworks Display (2018 Edition)
C) NFPA
1124: Code for the Manufacture, Transportation and Storage of Fireworks and
Pyrotechnic Articles (2017 Edition)
2) Institute of Makers of Explosives
1212 New York
Avenue N.W., Suite 650
Washington DC 20005
"The
American Table of Distances" (Safety Library Publication No. 2, June 1991
(and incorporated changes through April 2017), and "Warnings and
Instructions for Consumers in Transporting, Storing, Handling, and Using
Explosive Materials" (Safety Library Publication. No. 4, June 1991 (and
incorporated changes through April 2017)
3) Federal Regulations
A) 27 CFR 555.219 (2009), Table of distances for storage of low
explosives
B) 16 CFR 1500, Hazardous Substances and Articles; Administrative
and Enforcement Regulations (2012)
C) 16 CFR 1507, Fireworks Devices (1997)
D) 27 CFR 555.126, Limited Permittee Transaction Report for
Distribution of Explosive Materials (2019)
E) 27 CFR 555.220, Table of Separation Distances of Ammonium
Nitrate and Blasting Agents from Explosives or Blasting Agents (2019)
F) 49 CFR 172, Hazardous Materials Table, Special Provisions,
Hazardous Materials Communications, Emergency Response Information, Training
Requirements, and Security Plans (2012)
G) 49 CFR 173 Shippers − General Requirements for Shipments and
Packagings (2003)
H) 49 CFR 171 through 177 (2019)
I) 49 CFR 178 through 180 (2018)
b) All incorporations by reference in this Part refer to the
standards on the date specified and do not include any additions or deletions
subsequent to the date specified.
c) All materials incorporated by reference are available for
inspection or copying at the Department of Natural Resources, One Natural
Resources Way, Springfield IL 62702-1271.
(Source: Amended at 45 Ill.
Reg. 4490, effective March 26, 2021)
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CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.15 COMPUTATION OF TIME
Section 200.15 Computation of Time
a) Except
as otherwise provided, computation of time under this Part is based upon
calendar days.
b) In
computing any period of prescribed time, the day on which the designated period
of time begins is not included. The last day of the period is included unless
it is a Saturday, Sunday or legal holiday on which the Department is not open
for business, in which event the period runs until the end of the next business
day.
c) Intermediate
Saturdays, Sundays and legal holidays that fall within the prescribed time
period are excluded from the computation of time when the prescribed time
period is 7 days or less.
d) A business day is any
day the Department is open for business.
(Source: Added at 37 Ill.
Reg. 14090, effective August 26, 2013)
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CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.20 MARKING OF EXPLOSIVES
Section 200.20 Marking of Explosives
All explosive materials offered for acquisition, storage,
use, possession, transfer and disposal in the State of Illinois shall be
legibly identified by marking. The marks required by this Section shall
identify the manufacturer and the location, date and shift of manufacture. The
manufacturer shall place on each device, case, carton or other immediate
container of explosive materials manufactured for sale or distribution the
required mark, which shall also be placed on the outside container, if any,
used for their packaging. With respect to explosive materials of small size
not suitable for marking on the individual items (for example blasting caps),
it shall only be necessary to place the identification on the container used
for their packaging.
(Source: Amended at 45 Ill.
Reg. 4490, effective March 26, 2021)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.21 IDENTIFICATION OF NON-COMMERCIAL AND/OR HOMEMADE EXPLOSIVE MATERIALS
Section 200.21 Identification of Non-Commercial
and/or Homemade Explosive Materials
Non-commercial and/or homemade explosive materials may
be identified through laboratory analysis for explosives material verification,
or field tested by a law enforcement bomb technician who has completed and is
currently certified through Hazardous Devices School operated by the Federal
Bureau of Investigation (FBI). The field test shall consist of a "test
burn" to provide verification the material tested is energetic, and then
followed by the use of analytic tools, such as spectrometer/analyzer (when
determined safe to perform) by a certified law enforcement bomb technician.
When a certified law enforcement bomb technician determines that the weight of
explosive materials cannot be achieved by weighing the explosive material
safely, the explosive substances and/or the device/containment shall be
considered the total explosive weight. Where the explosives cannot be removed
safely from its location and/or its containment for identification, and the
certified bomb technician must initiate or "blow in place" and/or in
its containment, the bomb squad or its representatives shall video record the
initiation of the explosives to provide video evidence the explosives did react
by explosion.
(Source: Added at 48 Ill. Reg. 9600,
effective June 24, 2024)
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CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.25 INFORMATION REQUIRED ON SHIPPING CASE
Section 200.25 Information Required on Shipping Case
Each shipping case shall have marked on it the total weight
of the explosive material it contains, the month and year of the explosives
manufacture, and the length and diameter of the sticks, cartridges or
individual packages in the shipping case.
(Source: Added at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.30 RECORDS TO BE MAINTAINED BY PERSONS TRANSFERRING EXPLOSIVE MATERIALS
Section 200.30 Records to be Maintained by Persons
Transferring Explosive Materials
Every person transferring any explosive material shall maintain:
a) A
record that enables him or her to trace the explosives to the recipient. The
record shall consist of a:
1) journal;
2) book
of records;
3) invoice;
4) inventory
control record;
5) federal
records required by 27 CFR 555.121 through 129, or other record that shows
explosives delivered by manufacturer's name, count, weight, identification or
other identifying mark that will enable the distributor to trace the explosives;
and
6) month
and year of manufacture.
b) The
name, residence and business address of the recipient and the address to which
the explosive material is to be delivered, if different from the business
address.
c) The
name, address, social security number, driver's license identification number,
and brief physical description of the person taking the explosive material away.
d) The
type and license number of the vehicle by which the explosive material is to be
transported.
(Source: Amended at 45 Ill.
Reg. 4490, effective March 26, 2021)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.35 EXCEPTIONS TO SECTIONS 200.10 AND 200.30(C)
Section 200.35 Exceptions to Sections 200.10 and 200.30(c)
Sections 200.10 and 200.30(c) do not apply when the
transaction is between the manufacturer of the explosive material and the
manufacturer's employee or when the explosives involved in a transaction are
being shipped by a common carrier direct from the manufacturer's place of
business. Sections 200.10 and 200.30(c) do apply to any non-commercial related
transactions (hobbyists). A non-commercial transaction still requires a person
to retain the basic information required in Section 200.30(c) regarding any
person taking possession of items or materials. Under no circumstances does a
non-commercial transaction allow hobbyists to mix materials prior to
transportation or arrival at their destination (see Section 200.10).
(Source: Amended at 48 Ill.
Reg. 9600, effective June 24, 2024)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.40 AVAILABILITY OF EXPLOSIVES MATERIALS RECORDS
Section 200.40 Availability of Explosives Materials Records
a) The
journal or book of record, or other record made by any person selling or giving
away explosives, shall be open at all times to inspection by any law
enforcement official and any representative of the Department.
b) All
records related to the possession, use, purchase, transfer, storage or disposal
of explosive material shall be maintained for 5 years (see 27 CFR 555.121(a)(2)).
(Source: Amended at 45 Ill.
Reg. 4490, effective March 26, 2021)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.45 EXEMPTION FOR FEDERAL PERSONNEL
Section 200.45 Exemption for Federal Personnel
The Act and this Part do not apply
to the possession, use, purchase, transfer, storage or disposal of explosive
material by the 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.
(Source: Added at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.50 TRANSPORTATION ON SAME MOTOR VEHICLE
Section 200.50 Transportation on Same Motor Vehicle
No blasting caps or detonators,
regardless of type, may be transported on the same motor vehicle with other
explosives, unless they are transported in accordance with 49 CFR 170 through 189.
(Source: Added at 37 Ill.
Reg. 14090, effective August 26, 2013)
SUBPART B: EXPLOSIVES LICENSE
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.90 SCOPE
Section 200.90 Scope
a) The
license requirements of this Subpart apply to all explosive materials unless
otherwise excepted by Section 2000 of the Act.
b) No
person shall acquire, store, use, possess, transfer or dispose of explosive materials
unless licensed by the Department, except as otherwise provided by Section 2001
of the Act.
c) No
person convicted of a felony will be exempt from this requirement unless that
person has been granted a "Relief from Disabilities" (see 27 CFR 555.142).
d) The licensing provisions
of the Act and this Subpart do not apply to:
1) agricultural
fertilizers that might be of an explosive nature, when the use of the fertilizers
is for agricultural or horticultural purposes;
2) a
common or contract carrier authorized to carry explosive materials pursuant to
the Interstate Commerce Act of 1887 (49 USC 101) or the Illinois Commerce
Commission;
3) the
purchase, receipt, possession or use by an individual of primers or propellant
powder used in muzzleloader firearms, hand loading, reloading or custom loading
ammunition for small arms for his or her own use or that of his or her
immediate family;
4) the
possession or purchase from dealers, importers or manufacturers, by any person
who holds a valid Illinois Firearm Owner's Identification card:
A) of the following items:
i) smokeless
small arms propellant, except as defined as Division 1.1, 1.2 or 1.3 explosives
by 49 CFR 173.5;
ii) black
powder not to exceed 5 pounds; and
iii) small
arms primers or percussion caps for muzzleloading or modern arms;
B) if the
items described in subsection (d)(4)(A) are maintained in containers provided
by the manufacturer or containers generally recognized as being suitable for
the transportation and storage of, or commerce in, these items at retail, or
the transportation or use of those items, by any such person using muzzleloading
ammunition for small arms;
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 Subpart C;
B) the
acquisition, possession, use, transfer or disposal of explosive materials is
limited to the operator's business operation;
C) the
person or persons designated as "magazine keeper" satisfy the
licensure requirements, other than an examination, of this Subpart;
D) the
employee, contractor or Department authorized person is under the direct
supervision of a licensee under the Act, a blaster licensed under the
Surface-Mined Lands Conservation and Reclamation Act [225 ILCS 715], or a
blaster or shot firer certified under the Surface Coal Mining Land Conservation
and Reclamation Act [225 ILCS 720]. Direct supervision requires a licensed
individual to be present at all times during explosive use and disposal;
E) no
person convicted of a felony shall be exempt from this requirement unless the
individual has been granted a "Relief from Disabilities"; and
F) no
person under the age of 18, unless otherwise approved by the Director, shall be
allowed to acquire, store, use, possess, transfer or dispose of explosive
materials.
(Source: Amended at 45 Ill.
Reg. 4490, effective March 26, 2021)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.93 NOTICE TO LOCAL AUTHORITIES
Section 200.93 Notice to Local Authorities
Within 10 days after the issuance of an original, temporary,
replacement or renewed individual explosives license, the Department shall
notify the appropriate law enforcement agency of the municipality or
county of the issuance. (Section 2008 of the Act)
(Source: Added at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.96 APPLICATION FOR ORIGINAL LICENSURE
Section 200.96 Application for Original Licensure
Any person who intends to possess, use, acquire, purchase,
transfer or dispose of explosive materials, unless exempted under Section 1005,
2000 or 3000 of the Act, shall make application on forms provided by the
Department. The application must be executed under penalties of perjury
and accompanied by the required non-refundable fee.
(Source: Added at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.98 QUALIFICATIONS FOR LICENSURE
Section 200.98 Qualifications for Licensure
a) The Department
will issue a license to an applicant who:
1) is at
least 21 years of age;
2) has
not been convicted in any court of a crime punishable by imprisonment for a
term exceeding one year;
3) is
not under indictment or information for a crime punishable by imprisonment for
a term exceeding one year;
4) is
not a fugitive from justice;
5) is
not an unlawful user of or addicted to any controlled substance (as defined in
Section 802 of the federal Controlled Substances Act) (21 U.S.C. 802);
6) has
not been adjudicated as a person with a mental disability, as defined in
Section 1.1 of the Firearm Owner's Identification Card Act [430 ILCS 65];
7) is a
legal citizen of the United States or lawfully admitted for permanent residence;
8) has
not been other than honorably discharged from the armed services; and
9) does
not have any outstanding, unpaid, violations with the Department.
b) A
person who has been granted a "relief from disabilities" regarding
criminal convictions and indictments, pursuant to 27 CFR 555.142, may receive a
license provided all other qualifications under the Act are met.
(Source: Amended at 48 Ill.
Reg. 9600, effective June 24, 2024)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.100 APPLICATION FOR ORIGINAL LICENSURE (REPEALED)
Section 200.100 Application
for Original Licensure (Repealed)
(Source: Repealed at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.101 CONTENTS OF APPLICATION
Section 200.101 Contents of
Application
The application for original
licensure shall include:
a) The applicant's full name and any aliases used by the
applicant.
b) The applicant's age, sex and date of birth.
c) A physical description of the applicant, which shall include
height, weight, color of hair and color of eyes.
d) The applicant's social security number and, if applicable,
driver's license number.
e) The applicant's resident address, telephone number and email
address.
f) A description of the purposes for which, and the places where,
explosive materials are to be possessed, used or stored. This shall also
include contingency storage.
g) If explosive materials are to be possessed and used in
connection with a business:
1) the
name of the business;
2) the
form of organization of the business;
3) the
applicant's relationship to the business; and
4) the address or addresses and telephone number of any offices
in this State out of which the business operates.
h) A recent passport size photograph taken within the preceding 3
years.
i) An employment and personal history statement containing
information required under Section 2005 of the Act.
j) Proof
that the applicant is a legal citizen of the United States or lawfully admitted
for permanent residence.
k) Any other applicable information the Department deems
appropriate.
(Source: Amended at 48 Ill.
Reg. 9600, effective June 24, 2024)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.102 FINGERPRINT CARDS AND FINGERPRINT-BASED DATA
Section 200.102 Fingerprint
Cards and Fingerprint-Based Data
An applicant for original
licensure, except for an applicant who has previously submitted fingerprint-based
data to the Department, shall submit with the application fingerprint-based
data, or other state of the art criminal identification data or 2 sets of
fingerprint cards on forms specified by the Department. The fingerprint cards
shall be accompanied by the required non-refundable fee.
(Source: Amended at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.103 WRITTEN EXAMINATION
Section 200.103 Written
Examination
a) The written examination shall encompass, but is not limited
to, the following subject matter:
1) Legal requirements for, and restrictions on, the possession,
use, purchase, transfer, storage and disposal of explosive materials in
Illinois.
2) Safety principles in the transport, storage, handling and
usage of explosive materials (as set forth in "Safety Library Publication
No. 4").
b) The passing grade shall be at least 80%.
c) An applicant who fails the first examination may be
rescheduled at any time for re-examination. After the second and each
subsequent failure, the applicant is ineligible for further examination until
the expiration of at least 60 days from the previous examination.
(Source: Amended at 48 Ill.
Reg. 9600, effective June 24, 2024)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.104 INCOMPLETE APPLICATION
Section 200.104 Incomplete
Application
If the application does not
contain all of the information or documents required under Section 200.101 for
evaluation of the application, or if the fingerprint cards or criminal history
background check data originally submitted cannot be processed, the Department
shall notify the applicant in writing. The notification shall specify the
additional information or documents necessary to complete the application
evaluation, or state that substitute fingerprint cards must be submitted, as
the case may be, and shall advise the applicant that the application will be
deemed denied unless the information, documents or fingerprint-based data are
submitted within 30 days following the date of notification.
(Source: Amended at 48 Ill.
Reg. 9600, effective June 24, 2024)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.105 DENIAL OF APPLICATION
Section 200.105 Denial of
Application
If the applicant fails to
qualify for an original license by reason of age, or if the applicant fails to
pass the examination within one year after the date of application, or if the
applicant fails to make complete application in accordance with Section 200.104,
or if the applicant fails to pass the criminal history background check, or if
the applicant fails to meet any of the qualifications for licensure under
Section 200.98, the Department will deny the application and notify the
applicant in writing. The notice shall set forth the reasons for denial and
instructions for making any reapplication.
(Source: Amended at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.106 REFUSAL TO ISSUE INDIVIDUAL EXPLOSIVES LICENSE OR TEMPORARY EXPLOSIVES LICENSE
Section 200.106 Refusal to
Issue Individual Explosives License or Temporary Explosives License
If, after the Department's
investigation of the application, the Department intends to refuse to issue a
license, the Department shall notify the applicant in writing of the grounds
upon which the intended refusal is based and of the applicant's right to a
hearing pursuant to Section 200.1000.
a) The
grounds for refusal to issue an individual explosives license or temporary
explosives license or to renew an individual explosives license include, but
are not limited to, the following:
1) Possession,
use, acquisition, transfer, handling, disposal or storage of explosive
materials in a manner that endangers the public health, safety or welfare. In
making this determination, the Department will consider information in
aggravation or mitigation of the occurrence, including, but not necessarily
limited to, security precautions utilized, whether commonly accepted industry
safety standards were followed, and whether the occurrence was due to
conditions beyond the control of the licensee, such as a natural disaster,
product defect or sabotage;
2) Refusal
to produce records or reports or permit any inspection lawfully requested by
the Department;
3) Failure
to make, keep or submit any record or report required by the Act or this Part,
or making, keeping or submitting a false record or report; or
4) Failure
to comply with the licensing requirements of Section 200.98.
b) Whenever
the Department intends to refuse to issue an individual explosives license or a
temporary explosives license, it shall give written notice to the applicant
personally or by certified mail sent to the applicant's last known address. The
notice shall include:
1) The
specific grounds upon which the Department's refusal to issue the explosives
license or temporary explosives license is based;
2) A
statement that the applicant may request a hearing to contest the Department's
intended action by filing a written request for hearing within 30 days after
the date the Department's notice is mailed.
A) All
requests for hearing shall be mailed or delivered to:
Illinois
Department of Natural Resources
Office of Mines
and Minerals
Explosives and
Aggregate Division
One Natural Resources
Way
Springfield IL
62702-1271
B) Requests
for hearing must be filed in accordance with Section 200.930(d)(3).
C) Filing
of the request for hearing shall be deemed complete upon its receipt by the
Department, as evidenced by the date upon which the Department's mail receipt
stamp appears on the request for hearing;
3) A
statement that the applicant's failure to make a written request for hearing,
in accordance with Section 200.930(d)(4), within 30 days after the Department's
notice is mailed will constitute a waiver of the applicant's rights to contest that
action and will result in the entry of a final administrative decision
affirming the Department's refusal to issue the explosives license or temporary
explosives license, which shall be conclusively presumed to be correct.
(Source: Amended at 45 Ill.
Reg. 4490, effective March 26, 2021)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.107 EXPLOSIVES LICENSE RENEWAL
Section 200.107 Explosives License
Renewal
a) An explosives license issued pursuant to this Subpart is valid
for 3 years from the date of issuance.
b) The holder of an explosives license may renew that license
during the 60 day period preceding its expiration date by submitting a renewal
application on forms provided by the Department, together with the required fee
(see Subpart D).
c) Any explosives license not renewed within 30 days following
its expiration will be cancelled. Any requests after that date to renew or
restore will be treated as a new application.
d) The extended renewal period under subsection (c) does not
allow an explosives licensee to engage in any conduct or activities for which a
license is required during the 30 day period after the license has expired.
e) An explosives license will not be renewed when the applicant
has any outstanding, unpaid violations with the Department.
(Source: Amended at 48 Ill.
Reg. 9600, effective June 24, 2024)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.108 TEMPORARY EXPLOSIVES LICENSE
Section 200.108 Temporary Explosives
License
a) Any person who intends to possess, use, purchase, acquire,
dispose of or transfer explosive materials in Illinois on a limited basis may
make application on forms provided by the Department for a temporary explosives
license. The application must be executed under penalties of perjury and
accompanied by the required non-refundable fee (see Subpart D). A temporary
license shall be issued only once to any individual in any continuous
three-year period. A temporary explosives license will not be issued when the
applicant has any outstanding, unpaid violations with the Department.
b) The application for temporary explosives licensure shall
include the same information required for an original explosives license under
Section 200.101 and in addition shall include:
1) Evidence of a valid existing explosives license or storage permit
issued by ATF, if the federal license is of a classification appropriate to the
activities to be conducted under the temporary explosives license;
2) A complete description of the activities requiring the acquisition,
storage use, possession, transfer or disposal of explosive materials in
Illinois, including the location and length of the project or activity;
3) A current and valid storage certificate, if applicable to the
activity, issued under Subpart C;
4) A fingerprint-based data background check; and
5) An attestation that the applicant meets all of the
qualifications for licensure listed under Section 200.98.
c) A temporary explosives license issued pursuant to this Section
shall entitle the holder to engage only in those activities for which the explosives
license was issued and shall be valid only until the activities are completed,
but in any event, no more than 90 days from the date of issuance.
(Source: Amended at 48 Ill.
Reg. 9600, effective June 24, 2024)
SUBPART C: STORAGE CERTIFICATE APPLICATION
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.200 APPLICATION FOR ORIGINAL STORAGE CERTIFICATE
Section 200.200 Application
for Original Storage Certificate
Any person who intends to store
explosive materials, or seeks a modification of a storage certificate, shall
make application on forms provided by the Department. The application must be
executed under penalties of perjury. A storage certificate will not be issued
when the applicant has any outstanding, unpaid violations with the Department.
(Source: Amended at 48 Ill.
Reg. 9600, effective June 24, 2024)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.201 CONTENTS OF APPLICATION
Section 200.201 Contents of
Application
The application for an original
storage certificate shall include:
a) The full name and the business and residence addresses and
telephone numbers of the person making the application.
b) The full name and the business and residence addresses and
telephone numbers of the magazine keeper, if different from the applicant.
c) The location or proposed location of the magazine, global
positioning satellite coordinates, county, and, if the magazine is located in
an unincorporated area, the name and distance from the nearest municipality.
d) The kind and maximum quantity of explosive materials intended
to be stored in the magazine at any one time.
e) The distance or intended distance of the magazine from the
nearest magazine building, railroad or highway, and whether the magazine is
barricaded.
f) A description of the purposes for which explosive materials
are intended to be stored.
g) The full names and explosive license numbers of all persons
who will have access to and handle explosive materials, or a statement of the
reasons for which an exemption from the individual license requirements is
claimed under Section 1004 of the Act.
h) Taxpayer Identification Number (TIN) of business, Employer
Identification Number (EIN), or Social Security Number (SSN).
i) Any additional information the Department may require, such
as contingency storage, proof of property or explosive magazine ownership,
lease agreement, or permission to store explosives.
(Source: Amended at 45 Ill.
Reg. 4490, effective March 26, 2021)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.202 INCOMPLETE APPLICATION
Section 200.202 Incomplete
Application
If the application does not
contain all of the information or documents required under Section 200.201 for
the Department to evaluate the application, the Department shall notify the
applicant in writing. The notification shall specify the additional information
or documents necessary to an evaluation of the application, and shall advise
the applicant that the application will be deemed denied unless the information
or documents are submitted within 30 days following the date of notification.
(Source: Amended
at 48 Ill. Reg. 9600, effective June 24, 2024)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.203 DENIAL OF APPLICATION
Section 200.203 Denial of
Application
If an applicant fails to make
complete application in accordance with Section 200.202 of this Part, the
Department shall deny the application and notify the applicant in writing. The
notice shall set forth the reasons for denial and instructions for making any
reapplication.
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.204 MAGAZINE INSPECTION
Section 200.204 Magazine
Inspection
Upon receipt of a complete
application for an original storage certificate, the Department shall inspect the
magazine. If the inspector finds that the magazine is located and constructed
in accordance with the Act and this Part, the inspector shall determine the
quantity of explosive materials that may be stored and shall calculate the
required fee. Upon receipt of the inspector's report and the required fee, the
Department shall issue the storage certificate.
(Source:
Amended at 45 Ill. Reg. 4490, effective March 26, 2021)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.205 REFUSAL TO ISSUE
Section 200.205 Refusal to
Issue
If, after the Department's
investigation of the application, the Department intends to refuse to issue a
storage certificate, the Department shall notify the applicant in writing of
the grounds upon which the intended refusal is based, and of the applicant's
right to a hearing pursuant to Section 200.930(d)(3).
(Source: Amended at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.206 RENEWAL
Section 200.206 Renewal
A storage certificate issued
under this Subpart shall expire on the last day of February of each year. The
holder of a storage certificate may renew the certificate by submitting a
renewal application on forms provided by the Department, together with the
required fee (see Subpart D). The renewal application and fee shall be
delivered to the Department prior to the expiration date of the storage
certificate. A storage certificate will not be renewed when the applicant has
any outstanding, unpaid violations with the Department.
(Source: Amended at 48 Ill.
Reg. 9600, effective June 24, 2024)
SUBPART D: FEES
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.300 FEES
Section 200.300 Fees
The following fees shall be paid
to the Department for administration of the Act and are non-refundable.
a) The fee for an application and to receive an explosives
license is $100 (plus the amount required under contract with the Illinois
State Police for processing and/or reprocessing the fingerprints).
b) The fee for re-examination of an applicant is $50.
c) The renewal fee for an explosives license is $100.
d) The fee for a temporary explosives license is $300.
e) Except as provided in subsections (f) and (g) pertaining to
Type 5 magazine storage sites and detonator magazines, the fee for an
application and to receive a storage certificate is as follows:
|
Quantity of Explosive
Materials
|
Fee
|
|
1 - 50 lbs
|
$25
|
|
51 - 1,000 lbs
|
$100
|
|
1,001 - 50,000 lbs
|
$150
|
|
50,001 - 300,000 lbs
|
$300
|
f) The fee for an application and to receive a storage
certificate for a Type 5 magazine storage site is as follows:
|
Quantity of Explosive
Materials
|
Fee
|
|
1 - 50,000 lbs
|
$150
|
|
50,001 - 300,000 lbs
|
$300
|
g) The fee for an application and to receive a storage
certificate for the storage of blasting detonators is as follows:
|
Number of Detonators
|
Fee
|
|
1 - 1,000
|
$50
|
|
1,001 - 50,000
|
$150
|
|
over 50,000
|
$300
|
h) The renewal fee for a storage certificate is the same as for
an original certificate.
i) The fee for a replacement explosives license, temporary
explosives license or storage certificate (lost, stolen, destroyed) is $50.
j) The fee for a duplicate original license or storage
certificate (worn or damaged) is $25.
k) The fee for a modified storage certificate is $25.
(Source: Amended at 45 Ill. Reg. 4490,
effective March 26, 2021)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.301 PRORATION OF FEES
Section 200.301 Proration of
Fees
An original storage certificate
applied for and received during the 6 month renewal period ending the last day
of February shall be issued for the balance of the renewal period and the
following full year, and the fee shall be calculated at 1½ times the fee
specified in Section 200.300(e), (f) and (g) of this Part.
(Source: Amended at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.302 FEE EXEMPTION GOVERNMENT AGENCIES
Section 200.302 Fee
Exemption – Government Agencies
Fees assessed in connection with
explosives licenses, temporary explosives licenses, and storage certificates
will be waived for agencies of the federal government and the State of Illinois
and its political and civil subdivisions if the storage, acquisition,
possession, use, transfer or disposal of explosive material is for emergency law
enforcement functions.
(Source: Amended at 45 Ill.
Reg. 4490, effective March 26, 2021)
SUBPART E: CLASSIFICATION OF MAGAZINES AND GENERAL STORAGE REQUIREMENTS
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.400 GENERAL STORAGE REQUIREMENTS
Section 200.400 General
Storage Requirements
a) All explosive materials shall be stored in magazines that meet
the requirements of this Subpart, unless they are:
1) In process of manufacture.
2) Being used.
3) Being loaded or unloaded into or from transportation vehicles
or while in the course of transportation.
b) When blasting agents are stored in the same magazine with
explosives, the magazine shall be suitable for storage of high explosives.
c) Detonators, such as blasting caps, electric blasting caps, and
electronic or non-electric delay devices, shall not be stored in the same
magazine with other explosive materials.
d) Explosive materials that are classified as high explosives,
including display fireworks in USDOT Class 1, Division 1.1, shall be stored in Type
1 or 2 magazines. Explosive materials classified as low explosives, including
display fireworks in USDOT Class 1, Divisions 1.2 and 1.3, shall be stored in Type
1, 2 or 4 magazines. Explosive materials classified as blasting agents shall be
stored in Type 1, 2, 4 or 5 magazines. This shall also include all explosive
materials and/or devices containing those explosive materials greater than one
quarter ounce.
e) Detonators shall be stored in Type 1 or 2 magazines.
f) Detonating cord shall be stored in either a Type 1 or 2
magazine and may be stored in these same type magazines with other explosive
materials, except detonators.
g) Explosive materials, including detonators, may be temporarily contained
in a Type 3 magazine while the explosive materials are being transported or
while attended. Pursuant to ATF Rulings 2009-3 and 2019-1, law enforcement
must store explosives in at least a Type 3 magazine and meet all other criteria
in those holdings.
(Source: Amended at 48 Ill.
Reg. 9600, effective June 24, 2024)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.401 CLASSIFICATION OF MAGAZINES
Section 200.401
Classification of Magazines
a) Type 1 Magazine. A permanent magazine for the storage of high
explosives. Type 1 magazines are bullet resistant, fire resistant, theft
resistant and weather resistant.
b) Type 2 Magazine. A portable or mobile magazine for outdoor or
indoor storage of high explosives. Type 2 magazines are bullet resistant, fire
resistant, theft resistant and weather resistant.
c) Type 3 Magazine. A portable magazine for the temporary containment
of explosive materials while attended. An example is a "day box" at
the site for blasting operations. Type 3 magazines are fire resistant, theft
resistant and weather resistant. A storage certificate is not required for a
Type 3 magazine.
d) Type 4 Magazine. A permanent, portable or mobile magazine for
outdoor or indoor storage of low explosives. Type 4 magazines are fire
resistant, theft resistant and weather resistant.
e) Type 5 Magazine. A permanent, portable or mobile magazine for
the storage of blasting agents. Type 5 magazines include tanks, tank trailers,
tank trucks, semi-trailers, bulk mix trailers, bulk mix trucks and bins. Type 5
magazines are theft resistant, and outdoor Type 5 magazines are also weather
resistant.
(Source: Amended at 45 Ill.
Reg. 4490, effective March 26, 2021)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.402 LOCATION OF MAGAZINES - DISTANCES AND QUANTITY
Section 200.402 Location of
Magazines − Distances and Quantity
a) All outdoor magazines except Type 3 shall be located as
provided in the American Table of Distances (Appendix A) for magazines
containing any amount of high explosives and the Table of Separation Distances
for Low Explosives (Appendix B) for magazines containing low explosives when
determining minimum distances to inhabited buildings, passenger railways,
public highways and other magazines.
b) Separation Distances in the American Table of Distances, the
Table of Separation Distances for Low Explosives and the Table of Separation
Distances of Ammonium Nitrate and Blasting Agents from Explosives or Blasting
Agents (Appendix C) shall be used in determining minimum separation of storage
facilities for explosives, blasting agents and ammonium nitrate. The American
Table of Distances and the Table of Separation Distances for Low Explosives shall
be used to determine safe distances from inhabited dwellings, highways,
passenger railways, and between explosive materials magazines. The Table of
Separation Distances of Ammonium Nitrate and Blasting Agents from Explosives or
Blasting Agents shall be used to determine non-propagation distances to ANFO
blasting agents and to ammonium nitrate. The greater of the distances shown in
the American Table of Distances or the Table of Separation Distances for Low
Explosives, whichever is applicable, and in the Table of Separation Distances
of Ammonium Nitrate and Blasting Agents from Explosives or Blasting Agents shall
be used to determine the required separation between a magazine for storage of
explosives and a magazine for storage of blasting agents.
c) The storage of explosive materials in indoor magazines shall
not exceed 50 pounds in any building or facility. No indoor magazine shall be
located in a residence or dwelling. Indoor magazines shall be located on a
floor that has an exit at, or ramp to, exterior grade level and shall be
located not more than 10 feet from that exit. These requirements shall be
waived by the Department if it is determined an alternative location offers
improved safety and security. Magazines may be located in the same building or
facility when magazines used for detonators are limited to 5,000 detonators.
All indoor magazines must be on casters or wheels to facilitate removal from a
building in an emergency. The local fire department shall be notified of the
location of the magazines and of any change in location.
d) A Type 3 magazine is not subject to the American Table of
Distances nor the Table of Separation Distances for Low Explosives, but shall
be located as far away as practicable from neighboring inhabited buildings,
railways, highways and any other magazines.
(Source: Amended at 45 Ill.
Reg. 4490, effective March 26, 2021)
SUBPART F: MAGAZINE CONSTRUCTION STANDARDS
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.500 CONSTRUCTION OF MAGAZINES
Section 200.500 Construction
of Magazines
a) The Director may authorize alternate construction for
explosives storage magazines when it is shown that the alternate magazine
construction is substantially equivalent to the standards of safety and security
contained in this subpart. Any person intending to use alternate magazine
construction shall submit a letter of application to the Director, specifically
describing the proposed magazine. Explosive materials may not be stored in
alternate magazines before the applicant has been notified that the application
has been approved. (Section 5013(b) of the Act)
b) Magazines constructed according to the following minimum
specifications are approved as bullet-resistant as defined by Section 200.11
(all steel and wood dimensions are actual thickness; all concrete block and
brick dimensions are nominal thicknesses):
1) Exterior of steel:
A) ⅝ inch steel with an interior lining of any type of
non-sparking material.
B) ½ inch steel with an interior lining of not less than ⅜
inch plywood.
C) ⅜ inch steel with an interior lining of:
i) 2 inches of hardwood, or
ii) 3 inches of softwood, or
iii) 2¼ inches of plywood.
D) ¼ inch steel with an interior lining of:
i) 2 inches of hardwood, or
ii) 5 inches of softwood, or
iii) 5¼ inches of plywood, or
iv) 1½ inches of plywood with an intermediate layer of 2 inches of
hardwood.
E) 3/16 inch steel with an interior lining of:
i) 4 inches of hardwood, or
ii) 7 inches of softwood, or
iii) 6¾ inches of plywood, or
iv) ¾ inches of plywood with an intermediate layer of 3 inches of
hardwood.
F) ⅛- inch of steel with an interior lining of:
i) 5 inches of hardwood, or
ii) 9 inches of softwood, or
iii) ¾ inches of plywood with an intermediate layer of 4 inches of
hardwood, or
iv) ¾ inches of plywood with a first intermediate layer of ¾ inch
plywood and a second intermediate layer of 3 ⅝ inches of well-tamped dry
sand or sand and cement mixture.
2) Exterior of any type of fire-resistant material that is
structurally sound with:
A) An interior lining of ½ inch plywood placed securely against an
intermediate layer of:
i) 4 inches solid concrete block, or
ii) 4 inches solid brick, or
iii) 4 inches solid concrete.
B) An interior lining of ¾ inches of plywood and a first
intermediate layer of ¾- inch plywood, a second intermediate layer of 3⅝ inch
well-tamped dry sand or sand and cement mixture, a third intermediate layer of ¾
inch plywood, and a four intermediate layer of 2 inches of hardwood or 14-gauge
steel.
C) An intermediate 6 inch space filled with well-tamped dry sand
or well-tamped sand and cement mixture.
3) Masonry construction of:
A) Standard 8 inch concrete block with voids filled with
well-tamped dry sand or well-tamped sand and cement mixture, or
B) Standard 8 inch solid brick, or
C) 8 inch thick solid concrete.
c) The ground around a magazine shall be graded in such a manner
that water will not drain into the magazine.
d) Battery-activated safety lights or battery-activated safety
lanterns may be used in explosives storage magazines. Upon request, electric
lighting systems for magazines will be authorized by the Department if they
meet the standards prescribed by the National Electrical Code, for the
conditions present in the magazine at any time. All electrical switches must
be located outside of the magazine and also meet the standards prescribed by
the National Electrical Code.
e) Type 1, 2, 3 or 4 magazines constructed with masonry walls or
with any ferrous metal must have such interior surfaces covered with a
non-sparking lattice, paint, mastic, or equivalent lining to prevent direct
contact with stored explosive materials.
f) In a Type 5 magazine, ferrous metal may be exposed on the
interior of the magazine provided it cannot rupture the packages of explosive
materials.
(Source: Amended at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.501 TYPE 1 MAGAZINE
Section 200.501 Type 1
Magazine
A Type I magazine shall be a
permanent structure, such as a building or an igloo, that is bullet resistant,
fire resistant, theft resistant, weather resistant and ventilated.
a) Walls
The walls shall be constructed according to any of the
specifications listed in Section 200.500.
b) Doors
The doors shall be constructed according to any of the
specifications listed in Section 200.500.
c) Roof
The roof shall be constructed of any type of structurally
sound materials that are or have been made fire resistant on the exterior.
d) Roof or Ceiling
Where the natural terrain around a Type I magazine makes it
possible to shoot a bullet through the ceiling or roof at such an angle that a
bullet could strike the explosive materials stored in the magazine, then either
the roof or ceiling shall be of bullet-resistant construction. A
bullet-resistant roof shall be constructed according to any of the
specifications listed in Section 200.500. A bullet-resistant ceiling may be
constructed at the eave line, covering the entire area of the magazine except
the space necessary for ventilation. Examples of ceiling construction that are
considered bullet resistant are:
1) A sand tray having a depth of not less than 4 inches of sand.
2) Any construction meeting specifications of Section 200.500.
e) Foundation
The foundation may be of masonry, wood or metal and shall be
completely enclosed except for openings to provide cross-ventilation. A wooden
foundation enclosure shall be covered on the exterior with a fire-resistant
material.
f) Floor
The floor may be constructed of wood or other suitable
materials. Floors constructed of materials that may cause sparks shall be
covered with a surface of non-sparking materials or the packages of explosive
materials shall be placed on pallets of non-sparking materials.
g) Ventilation
Ventilation shall be provided to prevent dampness and heating
of stored explosive materials. Ventilating openings shall be screened to
prevent the entrance of sparks. Ventilation openings in side walls and
foundations shall be offset or shielded for bullet-resistant purposes.
Magazines having foundation and roof ventilators with the air circulating
between the side walls and the floors and between the side walls and the
ceiling shall have a wooden lattice lining or equivalent to prevent the
packages of explosive materials from being stacked against the side walls and
blocking the air circulation.
h) Locks
Each door shall be equipped with two mortise locks; or with
two padlocks fastened in separate hasps and staples; or with a combination of a
mortise lock and a padlock; or with a three point lock, or equivalent type of
lock that secures a door to the frame at more than one point. Padlocks shall
be steel having at least five tumblers and at least ⅜ inch diameter
case-hardened shackle. All padlocks shall be protected by ¼ inch steel hoods
that are installed in such a manner as to discourage insertion of bolt cutters,
saws, files or levering devices. Doors that are secured by at least two
substantial internal bolts or bars do not require additional locking devices.
Hinges and hasps shall be of substantial theft-resistant construction and all
locking hardware shall be rigidly secured and fastened by welding or through
bolts that cannot be removed when the door is locked.
(Source: Amended at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.502 TYPE 2 MAGAZINE
Section 200.502 Type 2
Magazine
A Type 2 magazine shall be a
portable or mobile structure, such as a box, skid-magazine, trailer or
semi-trailer, that is bullet resistant, fire-resistant, theft resistant, weather
resistant, and ventilated, except that Type 2 indoor magazines need not be bullet
or weather resistant or ventilated. Any construction specified for a Type 1
magazine is acceptable for a Type 2 magazine.
a) Type 2 Outdoor Magazines. Outdoor magazines shall be
constructed according to the following specifications or to any of the
specifications listed in Section 200.500.
1) The exterior and doors shall be constructed of not less than ¼
inch steel and lined with at least two inches of hardwood. Magazines with top
openings shall have lids with water-resistant seals or that overlap the sides
by at least one inch when in a closed position.
2) Floors covered of ferrous metal shall be covered with a
surface of non‑sparking material. Magazines with top openings shall have
a lid that overlaps the sides by at least one inch when in closed position.
3) The magazine shall be supported in such a manner as to prevent
the floor from having direct contact with the ground. Magazines less than one
cubic yard in size shall be securely fastened to a fixed object to prevent
theft of the entire magazine.
4) Hinges, hasps, locks and locking hardware shall conform to the
provisions for Type 1 magazines as specified in Section 200.501(h). When
unattended, a vehicular magazine shall have wheels removed, or be locked with a
kingpin locking device, or otherwise be effectively immobilized and approved by
the Department inspector.
b) Type 2 Indoor Magazine
1) Type 2 indoor magazines constructed of wood shall have sides,
bottoms and lids or doors constructed of two inch wood and shall be well braced
at corners. The magazines shall be covered with sheet metal of not less than
26-gauge. Nails exposed to the interior of such magazines shall be
countersunk.
2) Type 2 indoor magazines constructed of metal shall have sides,
bottoms and the lids or doors constructed of 12-gauge metal and shall be lined
inside with a non-sparking material. Edges of metal lids shall overlap sides
at least one inch.
3) Type 2 indoor magazines shall be provided with substantial
wheels or casters to facilitate removal from a building in an emergency. The
lid of the magazines shall have substantial strap hinges and a means for
locking with at least a five tumbler steel padlock having at least a ⅜ inch
diameter case-hardened shackle. The magazines shall be kept locked except
during the placement or removal of explosive materials.
4) Type 2 indoor magazines shall bear contrasting lettering, on
top, at least three inches high, reading "Explosives – Keep Fire
Away" or a similar warning.
(Source: Amended at 48 Ill.
Reg. 9600, effective June 24, 2024)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.503 TYPE 3 MAGAZINE
Section 200.503 Type 3
Magazine
A Type 3 magazine shall be a
portable structure that is fire-resistant, theft-resistant, weather-resistant,
and ventilated.
a) Type 3 magazines shall be constructed according to the
following specifications or to any of the specifications listed in Section
200.500 of this Part which is practical.
1) A type 3 magazine is to be constructed of not less than number
12 gauge (.1046 inches) steel, lined with at least either ½-inch plywood or ½-inch
Masonite-type hardboard.
2) Doors must overlap sides by at least one inch.
3) Hinges and hasps are to be attached by the welding, riveting
or bolting with the nuts on the inside.
b) Type 3 magazines shall be equipped with at least a
five-tumbler steel padlock having at least a ⅜ inch-diameter case
hardened shackle.
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.504 TYPE 4 MAGAZINE
Section 200.504 Type 4
Magazine
A Type 4 magazine shall be a
permanent, portable or mobile structure such as a building, igloo, box,
semi-trailer or other mobile containers that is fire-resistant, weather
resistant and ventilated, except that over-the-road trucks or semi-trailers
used for temporary storage need not be ventilated or fire-resistant.
a) Type 4 Outdoor Magazine.
A Type 4
outdoor magazine shall be constructed of masonry, wood covered with metal,
fabricated metal or a combination of these materials. Inside walls shall be constructed
of non-sparking materials. The door shall be metal or wood covered with
metal. The requirements of Section 200.501(e), (f) and (h) pertaining to
foundations, floors, hinges, hardware and locks shall apply to permanent Type 4
outdoor magazines.
b) When unattended, a vehicular magazine shall have wheels
removed, or be locked with a kingpin locking device, or otherwise be
effectively immobilized and approved by the Department inspector.
c) Type 4 Indoor Magazine.
A Type 4
indoor magazines shall be constructed in accordance with the provisions for a
Type 2 indoor magazine set forth in Section 200.502.
(Source: Amended at 48 Ill.
Reg. 9600, effective June 24, 2024)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.505 TYPE 5 MAGAZINE
Section 200.505 Type 5
Magazine
A Type 5 magazine shall be a
permanent, portable or mobile structure, such as a building, igloo, box, bin,
tank, semi-trailer, bulk trailer, tank trailer, bulk truck, tank truck or other
mobile container, that is fire resistant, theft resistant, weather resistant,
and ventilated, except that over-the-road trucks or semi-trailers used for
temporary storage need not be fire resistant or ventilated and indoor magazines
need not be weather resistant or ventilated. Interior of Type 5 magazines need
not be covered with non-sparking material.
a) Each door of a Type 5 magazine shall be locked with at least
one steel case five-tumbler padlock having at least a ⅜ inch diameter
case-hardened shackle. A hood for the padlock is not required. Hinges and
hasps shall be of substantial theft-resistant construction and all locking
hardware shall be rigidly secured and fastened by welding or through bolts that
cannot be removed when the door is locked.
b) When unattended, a vehicular magazine shall have wheels
removed, or be locked with a kingpin locking device, or otherwise be effectively
immobilized.
c) 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 which the magazines are located. (Section
1003 of the Act)
(Source: Amended at 37 Ill.
Reg. 14090, effective August 26, 2013)
SUBPART G: MAGAZINE OPERATIONS AND MAINTENANCE
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.600 MAGAZINE KEEPER
Section 200.600 Magazine
Keeper
a) Magazines shall, at all times, be in the charge of a competent
person, known as the magazine keeper, who shall be at least 21 years of age, possess
a valid Illinois explosives license unless exempted under Section 2000 of the
Act, and be conversant with, and will be responsible for the enforcement of,
all safety and security precautions. The current business and residence
addresses, Social Security Number, and telephone numbers of the magazine keeper
shall be on file with the Department at all times.
b) The magazine keeper is responsible for seeing that the
magazine is operated and maintained in accordance with this Part and that all
reports and records are made and kept in accordance with Subpart I. The holder
of the certificate may designate additional magazine keepers who must meet all
the qualifications in the definition of magazine keeper (Section 200.11).
(Source: Amended at 45 Ill.
Reg. 4490, effective March 26, 2021)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.601 SECURITY PRECAUTIONS
Section 200.601 Security
Precautions
a) Inspection
All magazines
containing explosive materials shall be inspected at least every 7 calendar
days to determine whether there has been an unauthorized entry or attempted
entry into the magazines, or to determine whether there has been unauthorized
removal of the magazines or their contents. This inspection does not require a
physical inventory unless there is evidence of unauthorized entry or removal of
regulated explosive materials. This inspection must be documented.
b) Locks
Magazine doors
shall be kept locked, except during the placement or removal of explosive
materials, or during inspections or inventories.
(Source:
Amended at 45 Ill. Reg. 4490, effective March 26, 2021)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.602 SAFETY PRECAUTIONS GENERAL
Section 200.602 Safety
Precautions – General
a) Safety Rules
Safety rules
(available from the Department) covering the operations of magazines shall be
posted on the interior of the magazine door.
b) Warning Signs
The premises
upon which all outdoor magazines are located shall be posted with signs reading
"Explosives – Keep Off" or "Explosives – Magazine – Dangerous"
or bearing other similar words of warning. Signs shall be located so that a
bullet passing directly through the sign cannot strike the magazine.
c) Combustible, Sparking Materials, Equipment
Magazines
shall be used exclusively for the storage of explosive materials and blasting
accessories. No metal tools, other than nonferrous conveying equipment, may be
stored in the magazine unless protected by a non-sparking paint. Combustible
materials shall not be stored within 50 feet of magazines.
d) Smoking, Flames, Magazines
Smoking,
matches, open flames, spark-producing devices, and firearms shall not be
permitted inside of, or within 50 feet of, magazines, except that authorized
persons may carry firearms within 50 feet of, but not inside, a magazine.
e) Smoking, Flames, Explosive Materials
Smoking,
matches, open flames, spark-producing devices not intended for initiation, and
firearms shall not be permitted within 50 feet of any person possessing or handling
explosive materials.
f) Unstable, Leaking Materials
When explosive
materials have deteriorated to an extent that they are in an unstable or
dangerous condition, or leaked explosive components are present, then the
person in possession of the explosive material shall immediately proceed to
deal with the explosive material in accordance with the instructions of the
manufacturer. Only authorized persons shall direct the work of destroying
explosive materials. If the person does not or is unable to dispose of the
hazard immediately, the Department may seize the explosive materials and have
them rendered safe by a certified bomb technician.
g) Under the Influence During Use or Possession of Explosive
Materials
1) No person shall use or possess explosive materials while under
the influence of:
A) alcohol;
B) any narcotic drug, as defined in the federal Controlled
Substances Act (21 U.S.C. 802); or
C) marijuana, as defined in the federal Controlled Substances Act.
2) In the event that there is a reasonable suspicion of any
individual being under the influence, the individual shall consent to testing
performed by personnel certified to perform such testing.
(Source: Amended at 48 Ill.
Reg. 9600, effective June 24, 2024)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.603 SAFETY PRECAUTIONS HANDLING AND STORAGE
Section 200.603 Safety
Precautions – Handling and Storage
a) Use of Stocks
When explosive
material is removed from a magazine for use, the oldest stocks shall be removed
first. When the certificate holder has adopted a quality control program that
does not necessarily involve the removal of the oldest stock first, but that
complies with Section 200.602(f), the requirements of this subsection shall be
deemed to be met.
b) Like Stocks Together
Corresponding
grades and brands shall be stored in a magazine together and in such a manner
that brand and grade marks are visible. All stocks shall be stored so as to be
easily counted and checked.
c) Stacking
Containers of
explosive materials shall be stacked in a stable manner to prevent shifting or
falling. Rigid containers of explosive materials shall be laid flat, and cases
shall be placed with top side up.
d) Ventilation
Explosive
materials shall be stored within a magazine so as not to interfere with
required ventilation.
e) Black Powder
Black powder,
when stored in the same magazine with other explosive material, shall be
stacked separately.
f) Containers
Containers of
explosive materials that have been opened shall be securely closed before being
placed in a magazine. Only fiberboard containers may be opened in the
magazine. Explosive materials shall be stored in the original container.
g) Damaged Containers
Containers of
damaged explosive materials shall not be unpacked or repacked in, or within 50
feet of, a magazine or in close proximity to other explosive materials.
h) Non-Sparking Tools
Tools used for
opening containers of explosive materials shall be constructed of non-sparking
material, except that metal slitters may be used for opening fiberboard
containers, provided that the metal slitter does not come into contact with any
metallic fasteners that may be in, or part of, the case. Only a wooden wedge
and a fiber, rubber or wooden mallet shall be used for opening or closing wood
containers of explosive materials.
i) Stained Floors
Magazine
floors stained with leaked explosive components shall be dealt with according
to instructions of the manufacturer.
j) Distance Between Staging Area and Spectators
The distance
from the spectators to the staging area, also known as the blast zone or
display site, for an aerial fireworks display shall be no less than 70 feet for
every inch of diameter of the largest shell being used.
k) When working from a barge or floating platform, personal
floatation devices equipped with a visual location device (water activated
flashing light) is required during initiation of explosives.
l) Staple Guns
Staple guns cannot
be used to secure quick match to the mortar rack of any type of pyrotechnic
material.
m) Prior to initiation:
1) Ample
warning shall be given to allow all persons to be evacuated.
2) All access routes to the blast zone shall be guarded or
barricaded to prevent the passage of unauthorized persons or vehicles.
3) The initiation system shall not be connected to the explosives
or explosive device until just prior to initiation.
n) Outdoor explosive storage magazines shall be grounded to prevent
the accumulation of static electricity and stray current.
(Source: Amended at 48 Ill.
Reg. 9600, effective June 24, 2024)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.604 MAGAZINE MAINTENANCE AND REPAIR
Section 200.604 Magazine
Maintenance and Repair
a) Sweeping, Cleaning
Magazine
floors shall be regularly swept and kept clean, dry, and free of grit, paper
and rubbish. Brooms and other cleaning utensils shall not have any
spark-producing metal parts. Sweepings of explosive materials from the floors
of magazines shall be disposed of in accordance with safe handling procedures.
b) Exterior Maintenance
The land
within 25 feet of any magazine shall be kept clear of rubbish, brush, dried
grass, leaves, dead trees, and all live trees less than 10 feet high.
c) Interior Repairs
When magazines
need interior repairs, all explosive materials shall be removed from the
magazine and the floors shall be cleaned before and after making repairs.
d) Exterior Repairs
In making
exterior magazine repairs, when there is a possibility of causing sparks or
fire, all explosive materials shall first be removed from the magazine.
e) Storage During Repair
Explosive
materials removed from a magazine under repair shall either be placed in
another magazine or placed a safe distance (50 feet or more) from the magazine,
where they shall be properly guarded and protected until repairs have been
completed. In determining safe distance, the type and extent of repair and the
potential for production of spark or flame shall be considered, but in no event
shall the distance be less than that specified in the American Table of
Distances and the Separation Distances of Ammonium Nitrate and Blasting Agents from
Explosives or Blasting Agents. Upon completion of repairs, the explosive
materials shall be properly returned to the magazine.
(Source: Amended at 45 Ill. Reg. 4490, effective March 26, 2021)
SUBPART H: TYPE 3 MAGAZINES AND VEHICLES AT BLAST AREAS
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.700 REQUIREMENTS FOR TYPE 3 MAGAZINES
Section 200.700 Requirements
for Type 3 Magazines
a) Type 3 magazines are intended only for the temporary containment
of explosive materials and are authorized for storage only during transport to,
and use at, the blast area. A storage certificate is not required for a Type 3
magazine.
b) Type 3 magazines containing explosive materials must be
attended at all times. "Attended at all times", as defined in
Section 200.11, means that the magazine must always be within the line of sight
of, and visible to, a member of the work or blasting crew authorized to enter
the magazine. Pursuant to ATF Rulings 2009-3 and 2019-1, this subsection does
not apply to law enforcement.
c) Type 3 magazines must be locked during transport to and from
the permanent magazine and blast area except during continuous drilling and
loading at the site. The requirements that Type 3 magazines be locked as
specified in this subsection are in addition to the requirements that Type 3
magazines be attended at all times.
d) Daily, at the conclusion of blasting operations, all explosive
materials shall be returned to a Type 1, 2, 4 or 5 magazine, as appropriate,
for unattended storage.
e) All regulated explosives that are in a Type 3 magazine and/or
at a blast/display site or any other site, and that are not being stored in a
Department certified explosive storage magazine, must be attended at all times.
f) Type 3 magazines and blast zones shall be posted with warning
signs in accordance with Section 200.701(a).
g) A person who may or may not meet the minimum criteria for
qualifying under the regulated guidelines set forth by the Federal Department of
Transportation, Pipeline and Hazardous Materials Safety Administration, shall
at a minimum, adhere to the standards set forth by this Part, including, but
not limited to, the Federal Department of Transportation hazmat placarding,
during transportation, explosives transportation requirement for a Type 3
magazine, Sections 200.503 and 200.700, and any necessary records providing
detailed information of the explosive materials, as listed in Section 200.30.
(Source: Amended at 48 Ill.
Reg. 9600, effective June 24, 2024)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.701 ON-SITE VEHICLES; WARNING SIGNS
Section 200.701 On-Site
Vehicles; Warning Signs
a) Every vehicle carrying explosive materials on mine, quarry,
construction or other blast zones shall have the word "Explosive"
painted on or attached to all 4 sides of the vehicle.
b) The requirements of subsection (a) do not apply to any vehicle
placarded in accordance with the Hazardous Materials Emergency Act [430 ILCS
50].
c) No
individual shall approach, ride upon, drive, load or unload a vehicle carrying
explosive material carelessly, recklessly, or while smoking or under the
influence of intoxicating liquor or narcotic drug.
d) No
individual shall place or carry, or cause to be placed or carried, in or upon a
vehicle containing explosive material any metal tool, piece of metal, fire, or
any match, exploder, detonator, blasting cap or other device for producing
spark, flame or heat, except tools for the operation and repair of the vehicle
and tools normally used for preparation of explosive materials for blasting.
This subsection does not apply to storage regulated by 49 CFR 170 through 189.
e) No
passengers, other than authorized helpers, shall be carried in or upon a
vehicle containing an explosive material.
(Source: Amended at 45 Ill.
Reg. 4490, effective March 26, 2021)
SUBPART I: RECORDKEEPING AND REPORTING
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.800 POSSESSION OF LICENSE
Section 200.800 Possession
of License
a) Licenses issued under Subpart B must be carried on the person
at all times when the licensee is purchasing, acquiring, possessing, using,
disposing of, transferring, manufacturing or otherwise handling explosive
materials. This Subpart shall not apply to binary exploding targets being used
for their intended personal use (see 27 CFR 555).
b) Upon request, licensees must present their license to
Department or law enforcement personnel, as required by the Department.
(Source: Amended at 45 Ill.
Reg. 4490, effective March 26, 2021)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.801 POSTING OF STORAGE CERTIFICATE
Section 200.801 Posting of
Storage Certificate
The original storage certificate
issued under Subpart C of this Part must be posted in the magazine for which
the certificate was issued, or kept at the magazine keeper's principal place of
business (or residence if no separate business office is maintained). If the
original storage certificate is kept at the magazine keeper's principal place
of business or residence, a copy shall be posted in the magazine.
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.802 REPORT OF LOST, STOLEN OR DESTROYED EXPLOSIVES LICENSE, TEMPORARY EXPLOSIVES LICENSE OR STORAGE CERTIFICATE
Section 200.802 Report of
Lost, Stolen or Destroyed Explosives License, Temporary Explosives License or
Storage Certificate
a) Upon discovery that an explosives license, a temporary
explosives license, or a storage certificate has been lost, stolen or
destroyed, the holder must notify the Department immediately by phone.
b) Written notice shall be sent to the Department within 5 days after
the phone notification, shall be executed under penalties of perjury, and shall
include a description of the time, location and circumstances surrounding the
loss, theft or destruction of the license or certificate. This written notice
may be submitted by email to DNR.Explosives@illinois.gov.
c) Upon receipt of the notice, the Department will cancel the
license or storage certificate and, upon payment of the required fee (see
Subpart D), will issue a new original license or storage certificate with a
newly assigned license or certificate number.
d) At any time a lost or stolen certificate is found or
recovered, it must be returned to the Department.
(Source: Amended at 45 Ill.
Reg. 4490, effective March 26, 2021)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.803 WORN OR DAMAGED LICENSE OR STORAGE CERTIFICATE
Section 200.803 Worn or
Damaged License or Storage Certificate
At any time an explosives
license, a temporary explosives license or a storage certificate becomes worn
or damaged to the extent that it is illegible in any respect, it must be returned
to the Department. Upon receipt of the original license or storage certificate,
and the required fee (see Subpart D), the Department will issue a duplicate
original.
(Source: Amended at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.804 REPORT OF CHANGED CONDITIONS; CANCELLATION OR MODIFICATION OF STORAGE CERTIFICATE
Section 200.804 Report of
Changed Conditions; Cancellation or Modification of Storage Certificate
a) The holder of a storage certificate shall notify the
Department of any changed condition affecting the storage certificate. Changed
conditions include, but are not limited to, the relocation of a magazine, the
construction of additional magazines, and the construction and/or opening of an
inhabited building, highways or railways affecting the distance requirements
set forth in Section 200.402.
b) Notification shall be in writing, and can also be by
electronic submission at DNRExplosives.gov or by telephone at (217)782-9976,
and shall be made as soon as practicably possible after discovery of the
changed condition, but in any event no later than 5 business days prior to the
intended relocation or addition of magazines, or the scheduled habitation or
public opening of buildings, highways or railways.
c) In circumstances in which the holder had no notice of a
changed condition affecting the storage certificate, the holder shall contact
the Department immediately by telephone at (217)782-9976 or by email at
DNRExplosives.gov upon discovery of the changed condition.
d) Upon notification, the Department will conduct an inspection
and will cancel or modify the storage certificate as appropriate. Modification
may include, but is not limited to, relocation, reduction of the quantity of
explosive materials that may be stored, and the requirement of a barricade.
e) When
the Department issues a modified storage certificate, the fee specified in
Subpart D shall be assessed for each storage certificate requiring
modification.
f) The
certificate holder shall be allowed to relocate an approved magazine within the
same geographic site without payment of additional fees, provided the new
location will allow storage of the same amount of explosives indicated on the
existing certificate. The Department must be notified in advance of the
relocation. The relocation of a magazine in this manner does not constitute a
modification.
g) Storage
certificates issued under the 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 Part before storing explosive
materials. (Section 3002(d) of the Act)
(Source: Amended at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.805 REPORT OF THEFT OR LOSS OF EXPLOSIVE MATERIALS AND ACCIDENTS, INJURIES OR INCIDENTS
Section 200.805 Report of
Theft or Loss of Explosive Materials and Accidents, Injuries or
Incidents
a) An
explosives license holder, temporary explosives license holder, or storage
certificate holder shall immediately report to the Office of Mines and Minerals
by telephone at (217)782-9976 and in writing within 24 hours after any
accident, injury or incident involving explosive materials. This shall include
recovery or seizure of explosive materials from any individual, licensed or
unlicensed, or unplanned initiation of explosive materials, or unplanned events
after explosive initiations, including any explosives accident, injury, or
incident that results in death, personal injury or property damage. This
written notice may be submitted by email at DNR.Explosives@illinois.gov.
b) An explosives licensee, temporary explosives licensee, or
storage certificate holder shall report the theft or loss of explosive
materials to the Office of Mines and Minerals immediately by telephone at
(217)782-9976 within 24 hours after discovery. These same reporting
requirements apply to the loss of explosive materials due to bankruptcy, when
explosive materials are under the control of another person that is not in
compliance with the requirements of the Act or this Part. The explosives
licensee, temporary explosives licensee or storage certificate holder shall
also immediately notify local law enforcement of the theft or loss of explosive
materials.
c) The written notice shall be executed under penalties of
perjury and shall include a complete description of the explosive materials,
including the manufacturer, brand name, any manufacturer marking, quantity, and
the circumstances surrounding the theft or loss. The written notice shall also
identify local law enforcement agencies contacted by the explosives licensee or
storage certificate holder. This written notice may be submitted by email to
DNR.Explosives@illinois.gov.
(Source: Amended at 48 Ill.
Reg. 9600, effective June 24, 2024)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.806 RECORDS OF TRANSACTIONS EXPLOSIVES LICENSEES, TEMPORARY EXPLOSIVES LICENSEES AND STORAGE CERTIFICATE HOLDERS
Section 200.806 Records of
Transactions – Explosives Licensees, Temporary Explosives Licensees and Storage
Certificate Holders
a) The requirements of this Section shall not apply to any explosives
licensee or storage certificate holder who is a holder of an explosives
license, a temporary explosives license or permit issued by ATF and who
satisfies the recordkeeping requirements for transactions of explosive
materials prescribed by ATF, except that, in all cases, the information
required under subsection (b)(2) shall be recorded. Unless otherwise exempted by
the Act, it shall be unlawful to sell explosives to a person who does not
possess a valid Illinois explosives license or storage certificate. The Department
shall be allowed to inspect all ATF records. Failure to produce the records or
failure to keep complete records may be cause for enforcement action under
Subpart J.
b) Any person, explosives licensee, temporary explosives licensee
or holder of a storage certificate shall maintain a record of each transaction
in which explosive materials are sold, purchased, used, disposed of or
otherwise transferred. The record shall be made on a sales slip, delivery
ticket, invoice, ATF transaction record form, or other document and shall
include:
1) the name and address of the seller or person from whom the
explosive materials were procured;
2) the name, address and Illinois explosives license, temporary
explosives license or storage certificate number (with expiration date), if
applicable, of the purchaser or person to whom the explosive materials were
delivered;
3) the date of purchase or delivery; and
4) the quantity and description of the explosive materials.
c) Records of transactions for each explosives license, temporary
explosives license or storage certificate shall be kept and maintained for a
minimum of five years. The transaction records shall be produced by the
licensee or certificate holder upon request by the Department.
(Source: Amended at 48 Ill.
Reg. 9600, effective June 24, 2024)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.807 DAILY SUMMARY OF MAGAZINE TRANSACTIONS
Section 200.807 Daily
Summary of Magazine Transactions
A record of the daily inventory
shall be kept for each magazine other than a Type 3 magazine. The record shall
contain, by manufacturer or brand name, the total quantity of explosive
materials received in and removed from the magazine, and the total remaining on
hand at the end of the day. Any discrepancy that indicates a theft or loss of
explosive materials must be reported in accordance with Section 200.805. The
daily inventory records shall be kept for at least five years.
(Source: Amended at 48 Ill. Reg.
9600, effective June 24, 2024)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.808 TRANSACTIONS BLACK POWDER
Section 200.808 Transactions
– Black Powder
a) In lieu of the requirements of Sections 200.806 and 200.807, a
holder of a storage certificate who engages in the sale of black powder in
quantities not exceeding 5 pounds for sporting and recreational uses shall
maintain a record of each transaction. The record shall be made in a book or
ledger kept for that purpose and shall include:
1) the name, address and storage certificate number of the
seller;
2) the name and address of the purchaser;
3) the Firearm Owner's Identification (FOID) card number of the
purchaser if the purchaser is a resident of Illinois, or other positive
identification if the purchaser is a non-resident;
4) the date of purchase; and
5) the quantity of black powder transacted.
b) Records of transactions shall be kept in chronological order
and maintained for a minimum of five years from the date of the transaction at
the storage site.
(Source: Amended at 48 Ill.
Reg. 9600, effective June 24, 2024)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.809 RECORD OF ANNUAL PHYSICAL MAGAZINE INVENTORY
Section 200.809 Record of
Annual Physical Magazine Inventory
a) The holder of a storage certificate shall conduct and make a
complete record of the physical inventory of explosive materials annually
during the 6 month renewal period. If the inventory is conducted at the time
of or prior to the annual inspection provided for in Section 200.206, the
record shall be made available to the Department at the annual inspection. If
the inventory is conducted after the annual inspection is completed, the holder
shall submit a copy to the Department prior to the last day of February.
b) In addition, the holder of a storage certificate shall conduct
and make a complete record of the physical inventory whenever the Department or
holder has reason to believe, based on a personal observation, a review of
records, or information received from other persons, that explosive materials
may be lost or stolen from a magazine or otherwise unaccounted for, or that the
amount or type of explosives being stored is not in compliance with the storage
certificate. The holder of a certificate of storage shall also conduct and
make a complete record of the physical inventory upon the request of the
Department, based on the same beliefs. A special inventory conducted and
recorded under this subsection satisfies the annual inventory requirement if it
is conducted and recorded during the 6 month renewal period.
c) The annual inventory requirements of subsection (a) shall not
apply to a storage certificate holder who is a holder of an explosives license,
a temporary explosives license or storage permit issued by ATF and who
satisfies the annual and special inventory requirements prescribed by ATF, but
compliance will not relieve the holder of a storage certificate from the
obligation of conducting special inventories in accordance with subsection (b).
The Department shall be allowed to inspect the inventory records and failure to
produce the records or failure to keep complete records may be cause for
enforcement action under Subpart J.
(Source: Amended at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.810 INSPECTIONS (REPEALED)
Section 200.810 Inspections
(Repealed)
(Source: Repealed at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.815 MONITORING AND REPORTING
Section 200.815 Monitoring and Reporting
Pursuant to Section 4003(a) of the Act, the Department shall
require the licensee to maintain any records pertaining to the possession, use,
manufacture, purchase, transfer and storage of explosive materials as the
Department may prescribe and shall furnish the Department or its authorized
representatives those records or other relevant information legally requested
by the Department or its representatives. Explosives licensees and storage certificate
holders shall maintain their records and other relevant information at a safe
and secure location that is not in the immediate area where the explosives are
stored.
(Source: Amended at 45 Ill.
Reg. 4490, effective March 26, 2021)
SUBPART J: INSPECTION AND ENFORCEMENT
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.900 NOTICE OF DEPARTMENT'S INTENDED ACTION; CONTENTS AND SERVICES (REPEALED)
Section 200.900 Notice of
Department's Intended Action; Contents and Services (Repealed)
(Source: Repealed at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.901 REQUEST FOR HEARING ON DEPARTMENT'S INTENDED ACTION; CONTENTS AND SERVICE (REPEALED)
Section 200.901 Request for
Hearing on Department's Intended Action; Contents and Service (Repealed)
(Source: Repealed at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.902 NOTICE OF HEARING (REPEALED)
Section 200.902 Notice of
Hearing (Repealed)
(Source: Repealed at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.903 POSTPONEMENT OR CONTINUANCE OF HEARING (REPEALED)
Section 200.903 Postponement
or Continuance of Hearing (Repealed)
(Source: Repealed at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.904 HEARING OFFICER; POWERS AND DUTIES (REPEALED)
Section 200.904 Hearing
Officer; Powers and Duties (Repealed)
(Source: Repealed at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.905 PRE-HEARING CONFERENCES (REPEALED)
Section 200.905 Pre-Hearing
Conferences (Repealed)
(Source: Repealed at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.906 BURDEN AND STANDARD OF PROOF (REPEALED)
Section 200.906 Burden and
Standard of Proof (Repealed)
(Source: Repealed at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.907 DEFAULT (REPEALED)
Section 200.907 Default (Repealed)
(Source: Repealed at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.908 EVIDENCE (REPEALED)
Section 200.908 Evidence
(Repealed)
(Source: Repealed at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.909 BRIEFS (REPEALED)
Section 200.909 Briefs (Repealed)
(Source: Repealed at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.910 HEARING OFFICER'S DECISION (REPEALED)
Section 200.910 Hearing
Officer's Decision (Repealed)
(Source: Repealed at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.911 FINAL ADMINISTRATIVE DECISION (REPEALED)
Section 200.911 Final
Administrative Decision (Repealed)
(Source: Repealed at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.912 ADMINISTRATIVE FINES (REPEALED)
Section 200.912
Administrative Fines (Repealed)
(Source: Repealed at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.913 IMMEDIATE SUSPENSION WITHOUT NOTICE OF HEARING (REPEALED)
Section 200.913 Immediate
Suspension Without Notice of Hearing (Repealed)
(Source: Repealed at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.914 COMPUTATION OF TIME (REPEALED)
Section 200.914 Computation
of Time (Repealed)
(Source: Repealed at 37 Ill.
Reg. 14090, effective August 26, 2013)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.915 INSPECTIONS BY THE DEPARTMENT
Section 200.915 Inspections by the Department
a) Explosives
licensees, temporary explosives licensees, persons, and storage certificate
holders shall make all required records available to authorized representatives
of the Department and shall permit their locations and facilities to be
inspected by representatives of the Department. A person who is unlicensed
and/or has storage that has not been certified by the Department will only be
inspected when there is probable cause established prior to the inspection.
b) The
Department will conduct inspections of explosives locations and facilities as
follows:
1) Upon
receipt of an original, renewal or modification storage certificate
application;
2) At
such other times and conditions as the Department deems appropriate.
Inspections may be conducted randomly without prior notice; or
3) Upon
complaint from the industry, public, agencies of the State or federal agencies regarding
the safe and proper storage, handling, and use of explosive materials.
c) Obstruction
of an inspection or investigation, by licensed or unlicensed persons, will
result in an immediate suspension of the license and/or storage certificate of
a licensed person, and those persons, licensed or unlicensed, are subject to
violations and penalties per Section 5011 of the Act.
(Source: Amended at 48 Ill.
Reg. 9600, effective June 24, 2024)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.920 ENFORCEMENT ACTIONS
Section 200.920 Enforcement
Actions
a) Pursuant
to Sections 2011, 3002, 3004, 5001 and 5006 of the Act, the Department is
authorized to take the following enforcement actions:
1) refuse
to issue or renew an explosives license, a temporary explosives license, or a storage
certificate, as set forth in Subparts B and C;
2) suspend
or revoke an explosives license, a temporary explosives license, or a storage certificate with notice of a hearing;
3) summarily
suspend or revoke an explosives license, a temporary explosives license, or a storage certificate without notice of a hearing when
the Department finds that a condition or practice exists that could reasonably
be expected to cause death, serious physical harm, or property damage;
4) cancellation
of a storage certificate for storage of explosive materials in excess of the
amount authorized by the certificate or change in physical conditions
surrounding the magazine, as set forth in Subpart I;
5) imposition
of fines not to exceed $5,000 per occurrence;
6) issuance of a notice of violation;
7) imposition of temporary or permanent conditions
on a license or storage certificate;
8) any other disciplinary action the Department may
deem proper;
9) apply for an administrative search warrant; and
10) issuance of a violation to any individual/person
possessing, using, acquiring, transferring, handling, disposing, or storage
explosive materials in a manner that endangers the public health, safety, or
welfare (public endangerment) pursuant to 225 ILCS 210 and this Part.
b) Term
of Suspension or Revocation
In those instances
in which the Department suspends or revokes a license or certificate, the term
of the suspension or revocation shall not exceed 5 years.
c) Death
of Magazine Keeper
If a licensee or
magazine keeper dies, an additional magazine keeper listed on the storage
certificate paperwork will become the magazine keeper. If no qualified
licensees or magazine keeper exists, the explosives shall be seized through its
agents and/or local law enforcement for public safety purposes (see 225 ILCS
210).
d) Bankruptcy
If a licensee or
storage certificate holder enters bankruptcy, liquidation or receivership or
has a receiving order made against it, then any receiver, trustee in
bankruptcy, or liquidator shall be treated as being the licensee, or magazine
keeper, and must possess and/or store explosive material in compliance with the
Act and this Part. If no qualified licensee or magazine keeper exists, the
explosives shall be seized through its agents and/or local law enforcement for
public safety purposes.
e) Bankruptcy
of Licensee's Business
If a licensee's
business is put in the hands of a receivership or a liquidator, the license
and/or storage responsibilities automatically transfer with the business. The
receiver or liquidator therefore becomes responsible for the licensing
requirements and/or storage requirements of the explosive materials while the
business and/or business assets is in their hands. If no qualified licensees
or magazine keepers exist, the explosives shall be seized through its agents
and/or local law enforcement for public safety purposes.
(Source: Amended at 48 Ill.
Reg. 9600, effective June 24, 2024)
| TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200
THE ILLINOIS EXPLOSIVES ACT
SECTION 200.925 NOTICE OF VIOLATION
Section 200.925 Notice of
Violation
a) An
authorized representative of the Department shall issue a notice of violation
if the Department determines that any person is in violation of the Act, this
Part or any term or condition of any explosives license or storage certificate.
b) A
notice of violation issued under this Section shall be in writing, shall be signed
by the authorized representative who issued it, and shall set forth with
reasonable specificity:
1) The
nature of the violation;
2) Statutory
citations and/or administrative regulations violated;
3) If
any remedial action is required or possible, any interim steps;
4) If
remedial action is required, a reasonable time for abatement, including time
for accomplishment of interim steps and for completion of all actions necessary
to address the violation;
5) A
reasonable description of the statutory provisions to which the notice of
violation applies.
c) A
notice of violation shall be served upon the person, any individual in the
residence, or an agent of the person, if any is present on site. If the
person, or person's agent, is not present, the notice of violation shall be
sent by certified mail to the person's address. The notice of violation shall
be considered served when personally delivered or mailed.
d) The
person issued the notice of violation may provide the Department a written
response to the violations within 14 days after the delivery or mailing of the
notice. The written response may include a proposed alternative to the
Department's specified remedial action, if any, needed to abate the violations.
The Department shall consider any information submitted in determining the
facts surrounding the violation and the amount of the penalty.
1) The
written response shall be submitted to the:
Illinois Department of Natural
Resources
Office of Mines and Minerals
Explosives and Aggregate Division
One Natural Resources Way
Springfield IL 62702-1271
2) The
response must be postmarked or hand delivered by the 14th day after delivery
or mailing of the notice of violation.
e) A
notice of violation issued under this Section shall continue in effect until
modified, vacated or terminated by the Department. Termination shall not
affect the right of the Department to assess civil penalties for those
violations in accordance with Section 200.930(b)(2). A notice of violation can
only be terminated when all abatement action required by the Department has
been completed.
f) A
notice of violation may be modified, vacated or terminated in writing by
either:
1) An
authorized representative of the Department;
2) The
issuance of a Decision by the Director, or designee, (see Section 200.930(d));
or
3) The
issuance of a final administrative decision by the Director in accordance with
Subpart K.
(Source: Amended at 48 Ill.
Reg. 9600, effective June 24, 2024)
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