Illinois Compiled Statutes 430 ILCS 30 — Illinois Hazardous Materials Transportation Act.

This Act shall be known and may be cited as the "Illinois Hazardous Materials Transportation Act"

This Act shall be known and may be cited as the "Illinois Hazardous Materials Transportation Act". (Source: P.A. 80-351.)

It is the finding of the General Assembly that hazardous materials are essential for various industrial, commercial and other purposes; that their transportation is a necessary incident to their use; and that such transportation is required for the employment and economic prosperity of the People of the State of Illino…

Unless the context otherwise clearly requires, as used in this Act: "Commerce" means trade, traffic, commerce or transportation within the State; "Department" means the Illinois State Police; "Discharge" means leakage, seepage, or other release; "Hazardous material" means a substance or material in a quantity and form…

To the extent necessary to administer this Act, the Department is authorized to: (a) Adopt by reference all or any portion of the Federal Motor Carrier Safety Regulations and the hazardous materials regulations of the United States Department of Transportation, as now or hereafter amended. (b) Conduct investigations; m…

The transportation of hazardous materials in commerce that are not in compliance with this Act or any rules and regulations issued under this Act is prohibited

The transportation of hazardous materials in commerce that are not in compliance with this Act or any rules and regulations issued under this Act is prohibited. (Source: P.A. 80-351.)

The Department may exempt any person who transports any hazardous material if such exemption is identical to an exemption issued by the Secretary of the United States Department of Transportation under Section 107 of the "Hazardous Materials Transportation Act" (49 USC 1806) or pertains to commerce not governed by the…

This Act shall not apply to: (a) Natural gas pipelines; (b) Transportation by any individual for personal use of any firearm or any ammunition for such firearm; or (c) Transportation of firearms or ammunition in Commerce. (Source: P.A. 80-351.)

The Department shall cooperate with other State agencies regulating hazardous materials and may enter into interagency agreements for the purpose of administering or enforcing any provisions of this Act and the rules and regulations issued under this Act. All files, records and data gathered by the Department under thi…

(a) The Department is authorized to make and adopt reasonable rules and regulations and orders consistent with law necessary to carry out the provisions of this Act

(a) The Department is authorized to make and adopt reasonable rules and regulations and orders consistent with law necessary to carry out the provisions of this Act. (b) Prior to the adoption, amendment or repeal of any rule, the Department shall: (1) Give at least 30 days' notice of its intended action. The notice sha…

Upon a determination by the Department that the transportation of certain hazardous materials poses a threat to life and property, that such threat is susceptible to control by regulation, and that regulation by the State would be more effective in controlling the threat than federal regulation, the Department may issu…

Any person who is determined by the Department after reasonable notice and opportunity for a fair and impartial hearing to have knowingly committed an act that is a violation of this Act or any rule or regulation issued under this Act is liable to the State for a civil penalty. Whoever knowingly commits an act that is…

(a) Notwithstanding any provision of law to the contrary, no person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials, or in preventing, cleaning up, or disposing of or in attempting to prevent, clean up, or dispose of any s…

Any person who willfully violates any provision of this Act or any rule or regulation issued under this Act is guilty of a Class 3 felony and subject to a fine of not more than $25,000 for each offense. Such violation shall be prosecuted by the State's Attorney or the Attorney General at the request of the Department.…

If the Department or such other person or agency as the Department may designate has reason to believe that an imminent hazard exists, the Department or its designee shall through the Attorney General or State's Attorney petition the circuit court for an order suspending or restricting the transportation of the hazardo…

Multiple Apparent Violations - Court Orders

Multiple Apparent Violations - Court Orders. If the Department or a law enforcement official has reason to believe that a person who is transporting hazardous materials over highways in Illinois has violated the Act or any rules and regulations issued under this Act, and that person has been issued 5 notices of apparen…

Law enforcement officials who regulate transportation over highways shall enforce the rules and regulations issued under this Act

Law enforcement officials who regulate transportation over highways shall enforce the rules and regulations issued under this Act. (Source: P.A. 80-351.)

This Act is not intended to affect any State law now in effect or intrude upon the duties and responsibilities of any State officer with respect to matters related to the subject of this Act, but in the case of any conflict relating to the transportation of hazardous materials the provisions of this Act shall control.…

All administrative decisions of the Department under this Act shall be subject to judicial review under the Administrative Review Law, as now or hereafter amended

All administrative decisions of the Department under this Act shall be subject to judicial review under the Administrative Review Law, as now or hereafter amended. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure. (Source: P.A. 82-783.)