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92_HB3321
LRB9205173DJmgB
1 AN ACT in relation to public safety.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Emergency Planning and Community
5 Right to Know Act is amended by changing Sections 3, 4, 5, 6,
6 7, 10, 11, 12, and 18 and adding Section 20 as follows:
7 (430 ILCS 100/3) (from Ch. 111 1/2, par. 7703)
8 Sec. 3. Definitions. As used in this Act:
9 "Administrator" means the Administrator of the United
10 States Environmental Protection Agency.
11 "Environment" means water, air, and land and the
12 interrelationship that exists among and between water, air,
13 land, and all living things.
14 "Extremely hazardous substance" means the list of
15 substances designated as extremely hazardous by the United
16 States Environmental Protection Agency under Section 302(a)
17 of the Federal Act (42 U.S.C. 11002(a)), as now or hereafter
18 amended.
19 "Facility" means all buildings, equipment, structures,
20 and other stationary items that are located on a single site
21 or on contiguous or adjacent sites and that are owned or
22 operated by the same person (or by any person that controls,
23 is controlled by, or under common control with, such person).
24 For purposes of the release notification requirements of
25 Section 10 304 of this the Federal Act, the term includes
26 motor vehicles, rolling stock, and aircraft.
27 "Federal Act" means the federal Emergency Planning and
28 Community Right to Know Act of 1986 (42 U.S.C. 11001 and
29 following) Title III of the Superfund Amendments and
30 Reauthorization Act of 1986 (P.L. 99-499).
31 "Hazardous chemical" means any hazardous chemical as
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1 defined under 29 U.S.C. 1910.1200, except that "hazardous
2 chemical" does not include the following substances:
3 (1) Any food, food additive, color additive, drug
4 or cosmetic regulated by the U.S. Food and Drug
5 Administration.
6 (2) Any substance present as a solid in any
7 manufactured item to the extent that exposure to the
8 substance does not occur under normal conditions of use.
9 (3) Any substance to the extent that it is used for
10 personal, family, or household purposes, or is present in
11 the form and concentration of a product packaged for
12 distribution and use by the general public.
13 (4) Any substance in a research laboratory or a
14 hospital or other medical facility under the direct
15 supervision of a technically qualified individual.
16 (5) Any substance to the extent that it is used in
17 routine agricultural operations, and any fertilizer held
18 for sale by a retailer to the ultimate customer.
19 "Hazardous substance" means a substance or mixture
20 designated as hazardous by the United States Environmental
21 Protection Agency under 42 U.S.C. 9601(14).
22 "IEMA" means the Illinois Emergency Management Agency.
23 "Local Emergency Planning Committee" or "LEPC" means the
24 committee appointed by the State Emergency Response
25 Commission (SERC) in accordance with Section 301(c) of the
26 Federal Act Superfund Amendments and Reauthorization Act of
27 1986 (42 U.S.C. 11001(c) 11001 et seq.).
28 "Material Safety Data Sheet" or "MSDS" means a document
29 developed pursuant to completed form recognized by the
30 Occupational Safety and Health Administration statutory and
31 regulatory requirements and containing the information
32 required under 29 C.F.R. 1910.1200(g), equivalent
33 manufacturer's literature, or another form containing
34 substantially the same information pertaining to a specific
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1 hazardous chemical or a mixture containing one or more
2 hazardous chemicals.
3 "Person" means any individual, trust, firm, joint stock
4 company, corporation (including a government corporation),
5 partnership, association, State, municipality, commission,
6 political subdivision of a State, federal government, or
7 interstate body.
8 "Release" means any spilling, leaking, pumping, pouring,
9 emitting, emptying, discharging, injecting, escaping,
10 leaching, dumping, or disposing into the environment
11 (including the abandonment or discarding of barrels,
12 containers, and other closed receptacles) of any hazardous
13 chemical, extremely hazardous substance chemical, or toxic
14 chemical.
15 "Reportable quantity" is the quantity of an extremely
16 hazardous substance or hazardous substance determined by
17 USEPA under Section 302(a) of the Federal Act (42 U.S.C.
18 11002(a)) and under 42 U.S.C. 9602(a).
19 "Retail gas station" means a retail facility engaged in
20 selling gasoline and/or diesel fuel principally to the
21 public, for motor vehicle use on land.
22 "State Emergency Response Commission" or "SERC" means the
23 Illinois Emergency Management Agency as appointed by the
24 Governor in accordance with Section 301 of the Federal Act
25 Superfund Amendments and Reauthorization Act of 1986 (42
26 U.S.C. 11001 et seq.) to carry out all State responsibilities
27 required by this Act.
28 "Threshold planning quantity" or "TPQ" is the quantity of
29 an extremely hazardous substance determined by USEPA under
30 Section 302(a) of the Federal Act (42 U.S.C. 11002(a)).
31 "Tier II Emergency and Hazardous Chemical Inventory form"
32 means the form made available by the SERC or the USEPA to
33 owners and operators required to file hazardous chemical and
34 extremely hazardous substance data pursuant to Section 12 of
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1 this Act.
2 "USEPA" means the United States Environmental Protection
3 Agency.
4 (Source: P.A. 86-449; 87-168.)
5 (430 ILCS 100/4) (from Ch. 111 1/2, par. 7704)
6 Sec. 4. Establishment. The Illinois Emergency
7 Management Agency shall be the State Emergency Response
8 Commission for the purpose of implementing the provisions of
9 the Federal Act Title III of the Superfund Amendments and
10 Reauthorization Act of 1986 (P.L. 99-499) at the State level,
11 and shall perform all the functions of a SERC under that Act.
12 The Director of the IEMA shall be the Chair Chairman of the
13 SERC.
14 (Source: P.A. 86-449; 87-168.)
15 (430 ILCS 100/5) (from Ch. 111 1/2, par. 7705)
16 Sec. 5. Advisory Committee. The SERC may establish
17 advisory committees composed of individuals from both the
18 public and private sectors to advise the Chair Chairman of
19 the SERC on any matters relating to the implementation of the
20 Federal Act Title III of the Superfund Amendments and
21 Reauthorization Act of 1986 (P.L. 99-499). Advisory
22 committees shall be organized by the Chair Chairman as
23 necessary to address specific issues relating to this Act.
24 (Source: P.A. 86-449.)
25 (430 ILCS 100/6) (from Ch. 111 1/2, par. 7706)
26 Sec. 6. Cooperative agreements. The SERC shall
27 cooperate and may enter into such agreements with other State
28 agencies, local governments, the federal government and other
29 persons as the Chair Chairman determines to be appropriate to
30 implement the Federal Act Title III of the Superfund
31 Amendments and Reauthorization Act of 1986 (P.L. 99-499).
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1 (Source: P.A. 86-449.)
2 (430 ILCS 100/7) (from Ch. 111 1/2, par. 7707)
3 Sec. 7. Reporting requirements.
4 (a) Unless otherwise provided in this Act, the
5 provisions of Sections 302(c), 303(d), 304, 311, 312, and
6 323, and 324 of the Federal Act, as incorporated into this
7 Act, pertaining to the providing of information and giving of
8 notification, shall be considered the law of this State and
9 shall apply equally to all facilities subject to the Federal
10 Act.
11 (b) (Blank). The SERC shall adopt, within 120 days after
12 the effective date of this Act, regulations or amendments
13 thereto which are identical in substance to regulations or
14 amendments thereto promulgated by the Administrator of the
15 United States Environmental Protection Agency to implement
16 these specified Sections of Title III of the Superfund
17 Amendments and Reauthorization Act of 1986 (P.L. 99-499).
18 The rulemaking provisions of Section 5-35 of the Illinois
19 Administrative Procedure Act shall not apply to regulations
20 or amendments thereto adopted pursuant to this paragraph.
21 (c) The SERC may adopt additional regulations relating
22 to the responsibilities of the SERC and LEPCs pursuant to
23 this Act and the Federal Act that are not inconsistent with
24 and at least as stringent as other regulations promulgated
25 pursuant to the Federal Act. Regulations adopted pursuant to
26 this subsection shall be adopted in accordance with the
27 procedures for rulemaking in Section 5-35 of the Illinois
28 Administrative Procedure Act.
29 (Source: P.A. 88-45.)
30 (430 ILCS 100/10) (from Ch. 111 1/2, par. 7710)
31 Sec. 10. Release notification. (a) If a release
32 requiring notification under Section 304 of the Federal Act
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1 or under Section 103(a) of the Comprehensive Environmental
2 Response, Compensation, and Liability Act of 1980 (42 U.S.C.
3 9601 et seq.) occurs from a facility at which a hazardous
4 chemical is produced, used or stored, the owner or operator
5 of the facility shall immediately provide notice as described
6 in subsection (b).
7 (b) Notice required under this Section shall be given
8 immediately after the release by the owner or operator of the
9 facility (by such means as telephone, radio or in person) to
10 the community emergency coordinator designated by the LEPC
11 for any area likely to be affected by the release and to the
12 SERC of any State likely to be affected by the release. The
13 SERC shall submit any such notification report to the
14 appropriate LEPC. With respect to transportation of a
15 substance subject to the requirements of this Section, or
16 storage incident to such transportation, the notice
17 requirements of this Section with respect to a release shall
18 be satisfied by calling the local fire department of the
19 affected area, the sheriff's office of the affected county,
20 or the 911 emergency number.
21 (c) Notice required under this Section shall include
22 each of the following (to the extent known at the time of the
23 notice and so long as no delay in responding to the emergency
24 results):
25 (1) the chemical name or identity of any substance
26 involved in the release;
27 (2) an indication of whether the substance is on the
28 list referred to in Section 302(a) of the Federal Act;
29 (3) an estimate of the quantity of any such substance
30 that was released into the environment;
31 (4) the time and duration of the release;
32 (5) the medium or media into which the release occurred;
33 (6) any known or anticipated acute or chronic health
34 risks associated with the emergency and, where appropriate,
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1 advice regarding medical attention necessary for exposed
2 individuals;
3 (7) proper precautions to take as a result of the
4 release, including evacuation (unless such information is
5 readily available to the community emergency coordinator
6 pursuant to the emergency plan); and
7 (8) the name and telephone number of the person or
8 persons to be contacted for further information.
9 (d) As soon as practicable after a release which
10 requires notice under this Section, the owner or operator
11 shall provide a written followup emergency notice (or
12 notices, as more information becomes available) setting forth
13 and updating the information required under subsection (c),
14 and including additional information with respect to:
15 (1) actions taken to respond to and contain the release;
16 (2) any known or anticipated acute or chronic health
17 risks associated with the release; and
18 (3) where appropriate, advice regarding medical
19 attention necessary for exposed individuals.
20 (e) This Section does not apply to any release which
21 results in exposure to persons solely within the site or
22 sites on which a facility is located. This Section does
23 apply to transportation and storage incident to such
24 transportation.
25 (Source: P.A. 86-449.)
26 (430 ILCS 100/11) (from Ch. 111 1/2, par. 7711)
27 Sec. 11. Material Safety Data Sheets MSDS.
28 (a) The owner or operator of any facility which is
29 required to prepare or have available a MSDS material safety
30 data sheet for a hazardous chemical under the Occupational
31 Safety and Health Act of 1970 and regulations promulgated
32 under that Act (29 15 U.S.C. 651 et seq.) shall, in
33 accordance with the threshold levels for reporting
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1 established by regulations promulgated under the Federal Act,
2 submit a MSDS material safety data sheet for each such
3 chemical, or a list of such chemicals as described in
4 subsection (b), to each of the following:
5 (1) the appropriate local emergency planning committee;
6 (2) the State Emergency Response Commission; and
7 (3) the fire department with jurisdiction over the
8 facility.
9 (b) The list of chemicals referred to in subsection (a)
10 shall include all of the following:
11 (1) A list of the hazardous chemicals for which a MSDS
12 material safety data sheet is required under the Occupational
13 Safety and Health Act of 1970 and regulations promulgated
14 under that Act, grouped in categories of health and physical
15 hazards as set forth under such Act and regulations
16 promulgated under such Act, or in such other categories as
17 the Administrator may prescribe.
18 (2) The chemical name or the common name of each such
19 chemical as provided on the MSDS material safety data sheet.
20 (3) Any hazardous component of each such chemical as
21 provided on the MSDS material safety data sheet.
22 (c) An owner or operator may meet the requirements of
23 this Section with respect to a hazardous chemical which is a
24 mixture by doing one of the following:
25 (1) Submitting a MSDS material safety data sheet for, or
26 identifying on a list, each element or compound in the
27 mixture which is a hazardous chemical. If more than one
28 mixture has the same element or compound, only one MSDS
29 material safety data sheet, or one listing, of the element or
30 compound is necessary; or
31 (2) Submitting a MSDS material safety data sheet for, or
32 identifying on a list, the mixture itself.
33 (d) Beginning 90 days after the effective date of this
34 Act, it shall be a violation of this Section for the owner or
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1 operator of a facility subject to the requirements of this
2 Section to fail to submit an MSDS form as required by
3 Section 311(d) of the Federal Act, or within 3 months of the
4 date the owner or operator is required to prepare or have
5 available a MSDS for the chemical under the Occupational
6 Safety and Health Act of 1970 and regulations promulgated
7 under that Act.
8 (e) Within 3 months following discovery by an owner or
9 operator of significant new information concerning an aspect
10 of a hazardous chemical for which a MSDS material safety data
11 sheet was previously submitted to the local emergency
12 planning committee under subsection (a), a revised sheet
13 shall be provided to such person.
14 (Source: P.A. 86-449.)
15 (430 ILCS 100/12) (from Ch. 111 1/2, par. 7712)
16 Sec. 12. Tier II Emergency and Hazardous Chemical
17 Inventory forms.
18 (a) The requirements of this Section apply to the owner
19 or operator of any facility which is required to prepare or
20 have available a material safety data sheet for a hazardous
21 chemical under the Occupational Safety and Health Act of 1970
22 and regulations promulgated under that Act.
23 (a-50) The owner or operator identified in subsection
24 (a) shall, in accordance with the threshold levels for
25 reporting as established by regulations promulgated under the
26 Federal Act, prepare a tier II and submit an emergency and
27 hazardous chemical inventory form (hereafter in this Act
28 referred to as a tier II an "inventory form") in accordance
29 with the following threshold inventory levels for reporting:
30 (1) The threshold inventory level for reporting an
31 extremely hazardous substance present at the facility at
32 any one time during the preceding calendar year is 500
33 pounds (or 227 kgs.) or the threshold planning quantity,
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1 whichever is lower.
2 (2) The threshold inventory level for reporting a
3 hazardous chemical present at the facility at any one
4 time during the preceding calendar year is 10,000 pounds
5 (or 4,540 kgs.), except as provided in paragraphs (3) and
6 (4) of this subsection.
7 (3) The threshold inventory level for reporting
8 gasoline (all grades combined) present at the facility at
9 any one time during the preceding calendar year is 75,000
10 gallons, provided the facility meets all 3 of the
11 following criteria:
12 (A) the facility is a retail gas station as
13 defined in Section 3 of this Act;
14 (B) the gasoline is in a tank or tanks
15 entirely underground; and
16 (C) the retail gas station was in compliance
17 at all times during the preceding calendar year with
18 all applicable Underground Storage Tank (UST)
19 requirements (41 Ill. Admin. Code 170, 35 Ill.
20 Admin. Code 731 and 732, and any other applicable
21 State or federal UST requirements).
22 (4) The threshold inventory level for reporting
23 diesel fuel (all grades combined) present at the facility
24 at any one time during the preceding calendar year is
25 100,000 gallons, provided the facility meets all 3 of the
26 following criteria:
27 (A) the facility is a retail gas station as
28 defined in Section 3 of this Act;
29 (B) the diesel fuel is in a tank or tanks
30 entirely underground; and
31 (C) the retail gas station was in compliance
32 at all times during the preceding calendar year with
33 all applicable UST requirements (41 Ill. Admin. Code
34 170, 35 Ill. Admin. Code 731 and 732, and any other
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1 applicable State or federal UST requirements).
2 (5) If a retail gas station does not meet any one
3 or more of the criteria enumerated in paragraph (3) or
4 (4) of this subsection, the threshold inventory level for
5 reporting gasoline or diesel fuel, or both, (all grades
6 combined) is the same as otherwise provided in paragraph
7 (2).
8 (a-60) The owner or operator shall submit the tier II
9 forms prepared in accordance with subsection (a-50) to each
10 of the following:
11 (1) the appropriate local emergency planning
12 committee serving the emergency planning district where
13 the facility is located;
14 (2) the State Emergency Response Commission; and
15 (3) the fire department with jurisdiction over the
16 facility.
17 The tier II inventory form shall be submitted annually on
18 or before March 1, and shall contain tier II I data with
19 respect to the preceding calendar year.
20 (b) (Blank). The requirement of subsection (a) does not
21 apply if an owner or operator provides, to the recipients
22 described in subsection (a), by the same deadline and with
23 respect to the same calendar year, an inventory form
24 containing tier II information.
25 (c) An owner or operator may meet the requirements of
26 this Section with respect to a hazardous chemical which is a
27 mixture by doing one of the following:
28 (1) Providing information on the tier II inventory
29 form on each element or compound in the mixture which is
30 a hazardous chemical. If more than one mixture has the
31 same element or compound, only one listing on the
32 inventory form for the element or compound at the
33 facility is necessary.
34 (2) Providing information on the tier II inventory
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1 form on the mixture itself.
2 (d)(Blank). A hazardous chemical shall be subject to the
3 requirements of this Section only if it is a hazardous
4 chemical for which a material safety data sheet or a listing
5 is required under Section 311 of the Federal Act.
6 (e)(blank). A tier I inventory form shall provide the
7 following information in aggregate terms for hazardous
8 chemicals in categories of health and physical hazards as set
9 forth under the Occupational Safety and Health Act of 1970
10 and regulations promulgated under that Act:
11 (1) an estimate (in ranges) of the maximum amount of
12 hazardous chemicals in each category present at the facility
13 at any time during the preceding calendar year;
14 (2) an estimate (in ranges) of the maximum amount of
15 hazardous chemicals in each category present at the facility
16 at any time during the preceding calendar year; and
17 (3) the general location of hazardous chemicals in each
18 category.
19 (f) The SERC shall require an owner or operator to
20 provide, on a tier II form, information for each hazardous
21 chemical or extremely hazardous substance required to be
22 included on the tier II form pursuant to subsection (a-50) of
23 this Section, as needed for chemical emergency planning,
24 including, but not limited to, A tier II inventory form shall
25 provide the following additional information for each
26 hazardous chemical present at the facility, but only upon
27 request and in accordance with subsection (g):
28 (1) the chemical name or the common name of the
29 chemical as provided on the material safety data sheet;
30 (2) an estimate (in ranges) of the maximum amount
31 of the hazardous chemical present at the facility at any
32 time during the preceding calendar year;
33 (3) an estimate (in ranges) of the average daily
34 amount of the hazardous chemical present at the facility
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1 during the preceding calendar year;
2 (4) a brief description of the manner of storage of
3 the hazardous chemical;
4 (5) the location at the facility of the hazardous
5 chemical; and
6 (6) an indication of whether the owner elects to
7 withhold location information of a specific hazardous
8 chemical from disclosure to the public under Section 324
9 of the Federal Act.
10 (g) Availability of tier II information shall be as
11 follows:
12 (1) (Blank). Upon request by the State Emergency
13 Planning Commission, a local emergency planning
14 committee, or a fire department with jurisdiction over
15 the facility, the owner or operator of a facility shall
16 provide tier II information, as described in subsection
17 (g), to the person making the request.
18 (2) A State or local official acting in his or her
19 official capacity may have access to tier II information
20 by submitting a request to the SERC or the local
21 emergency planning committee. Upon receipt of a request
22 for tier II information, the SERC or local committee
23 shall, pursuant to paragraph (1), request the facility
24 owner or operator for the tier II information and make
25 available such information to the official.
26 (3) Any person may request the SERC or a local
27 emergency planning committee for tier II information
28 relating to the preceding calendar year with respect to a
29 facility. Any such request shall be in writing and shall
30 be with respect to a specific facility.
31 (4) Any tier II information which the SERC or a
32 local emergency planning committee has in its possession
33 shall be made available to a person making a request
34 under this paragraph in accordance with Section 324 of
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1 the Federal Act. If the SERC or local emergency
2 planning committee does not have the tier II information
3 in its possession, upon receiving a request for tier II
4 information the SERC or local emergency planning
5 committee shall, pursuant to paragraph (1), request the
6 facility owner or operator for tier II information with
7 respect to a hazardous chemical which a facility has
8 stored in an amount in excess of 10,000 pounds present at
9 the facility at any time during the preceding calendar
10 year and make such information available to the person
11 making the request in accordance with Section 324 of the
12 Federal Act.
13 (5) In the case of tier II information which is not
14 in the possession of the SERC or local emergency planning
15 committee and which relates to a hazardous chemical which
16 a facility has stored in an amount less than 10,000
17 pounds present at the facility at any time during the
18 preceding calendar year, a request from a person must
19 include the general need for the information. The SERC
20 or local emergency planning committee may, pursuant to
21 paragraph (1), make a request to the facility owner or
22 operator for the tier II information on behalf of the
23 person making the request. Upon receipt of any
24 information requested on behalf of such person, the SERC
25 or local emergency planning committee shall make the
26 information available to the person in accordance with
27 Section 324 of the Federal Act.
28 (6) The SERC or local emergency planning committee
29 shall respond to a request for tier II information under
30 this Section no later than 45 days after the date of
31 receipt of the request.
32 (7) Upon request to an owner or operator of a
33 facility which files an inventory form under this Section
34 by the fire department with jurisdiction over the
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1 facility, the owner or operator of the facility shall
2 allow the fire department to conduct an on-site
3 inspection of the facility and shall provide to the fire
4 department specific location information on hazardous
5 chemicals at the facility.
6 (h) The tier II form made available by either the SERC
7 or the USEPA shall 1 and tier 2 inventory forms promulgated
8 by USEPA for use in meeting the requirements of Section 312
9 of the Federal Act may be used to fulfill the requirements of
10 this Section.
11 (i) Except for owners or operators paying a fee in
12 accordance with subsection (j) of this Section, the owner or
13 operator of each facility required to file a tier II form
14 pursuant to this Section shall pay an annual fee of $100 per
15 facility per year and, if applicable, additional fees based
16 on tier II form data as follows:
17 (1) An additional $100 for the presence of one or
18 more hazardous chemicals in excess of one million pounds;
19 (2) An additional $100 for the presence of 20 or
20 more hazardous chemicals at or greater than the threshold
21 inventory levels stated in paragraph (2) of subsection
22 (a-50) of this Section;
23 (3) An additional $200 for the presence of one or
24 more extremely hazardous substances at or greater than
25 the threshold inventory level stated in paragraph (1) of
26 subsection (a-50) of this Section.
27 (j) An owner or operator of an oil or gas production
28 well tank battery or batteries required to file a tier II
29 form under this Section shall pay an annual fee of $50 per
30 tank battery with a maximum fee payment of $500 per owner or
31 operator per year. For purposes of this subsection, the
32 definitions of the terms "oil", "gas", "production well", and
33 "tank battery" shall be the same as the definitions of those
34 terms in the Illinois Oil and Gas Act and rules and
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1 regulations implementing that Act.
2 (k) On March 1, 2002, and annually thereafter, an owner
3 or operator subject to a fee established by this Section
4 shall submit the fee to the SERC. An owner or operator who
5 fails to submit the fee in accordance with the requirements
6 of this Section shall be subject to the penalty provisions of
7 Section 18 of this Act.
8 (l) Fees collected by the SERC pursuant to this Section
9 shall be deposited in the Chemical Emergency Preparedness
10 Fund, which is hereby created as an interest-bearing fund in
11 the State treasury.
12 (m) All fees collected by the SERC pursuant to this
13 Section shall be used by the SERC and the LEPCs for
14 activities arising under this Act and rules and regulations
15 adopted under this Act, including, but not limited to,
16 chemical emergency preparedness and prevention activities.
17 Ninety percent of fees shall be distributed to LEPCs. The
18 remaining 10 percent shall be used by the SERC.
19 (n) The SERC shall adopt rules for the collection,
20 management, and disbursement of fees collected pursuant to
21 this Section, including, but not limited to, establishing
22 authorized uses of moneys in the Chemical Emergency
23 Preparedness Fund by the LEPCs.
24 (Source: P.A. 86-449.)
25 (430 ILCS 100/18) (from Ch. 111 1/2, par. 7718)
26 Sec. 18. Penalties.
27 (a) Any person who violates any requirement of Section
28 9, 10, 11, 12, or 14 of this Act, or subsection (a), (a-50),
29 (a-60), (c), (f), (g), or (h) of Section 12 of this Act,
30 shall be liable for a civil penalty in an amount not to
31 exceed $25,000 for each violation. In the case of a second
32 or subsequent violation of Section 10, the civil penalty
33 shall not exceed $75,000 for each day during which the
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1 violation continues.
2 (a-5) Any person who violates any requirement of
3 subsection (k) of Section 12 of this Act shall be liable for
4 a civil penalty in a amount not to exceed $1000 for each
5 violation.
6 (b) Any person who knowingly fails to provide immediate
7 notification of a release in violation of Section 10 of this
8 Act, shall be guilty of a Class 4 felony, and in addition to
9 any other penalty prescribed by law is subject to a fine not
10 to exceed $25,000 for each day of the violation. In the case
11 of a second or subsequent conviction, the person shall be
12 guilty of a Class 3 felony, and in addition to any other
13 penalty prescribed by law is subject to a fine not to exceed
14 $50,000 for each day of the violation.
15 (c) All civil penalties and fines collected under this
16 Section shall be deposited in the Emergency Planning and
17 Training Fund, that is hereby created as a special fund in
18 the State Treasury, and shall be used by IEMA, pursuant to
19 appropriation, for its activities arising under this Act and
20 the Federal Act, including providing financial support for
21 local emergency planning committees and for training
22 initiatives authorized by IEMA.
23 (Source: P.A. 86-449; 87-168.)
24 (430 ILCS 100/20 new)
25 Sec. 20. Exemptions from application of Act. Except as
26 provided in Section 10, this Act does not apply to the
27 transportation, including the storage incident to that
28 transportation, of any substance or chemical subject to the
29 requirements of this Act, including the transportation and
30 distribution of natural gas. In addition, this Act does not
31 apply to any substance that is excluded from the definition
32 of "hazardous chemical" under Section 3 of this Act.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.