430 ILCS 100/1
Short title
Short title. This Act shall be known and may be cited as the "Illinois Emergency Planning and Community Right to Know Act". (Source: P.A. 86-449.)
Illinois Compiled Statutes 430 ILCS 100 — Illinois Emergency Planning and Community Right to Know Act.
Illinois · statute · 430 ILCS 100 · 19 active provisions
430 ILCS 100/2
Findings
Findings. The General Assembly finds that: (1) The proliferation of hazardous substances in the environment poses a growing threat to the public health, safety and welfare; that the constantly increasing number and variety of hazardous substances, and the many routes of exposure to them, make it difficult and expensive…
430 ILCS 100/3
Definitions
Definitions. As used in this Act: "Administrator" means the Administrator of the United States Environmental Protection Agency. "Environment" means water, air, and land and the interrelationship that exists among and between water, air, land, and all living things. "Extremely hazardous substance" means the list of subs…
430 ILCS 100/4
Establishment
Establishment. The Illinois Emergency Management Agency shall be the State Emergency Response Commission for the purpose of implementing the provisions of Title III of the Superfund Amendments and Reauthorization Act of 1986 (P.L. 99-499) at the State level, and shall perform all the functions of a SERC under that Act.…
430 ILCS 100/5
Advisory Committee
Advisory Committee. The SERC may establish advisory committees composed of individuals from both the public and private sectors to advise the Chairman of the SERC on any matters relating to the implementation of Title III of the Superfund Amendments and Reauthorization Act of 1986 (P.L. 99-499). Advisory committees sha…
430 ILCS 100/6
Cooperative agreements
Cooperative agreements. The SERC shall cooperate and may enter into such agreements with other State agencies, local governments, the federal government and other persons as the Chairman determines to be appropriate to implement Title III of the Superfund Amendments and Reauthorization Act of 1986 (P.L. 99-499). (Sourc…
430 ILCS 100/7
Reporting requirements
Reporting requirements. (a) The provisions of Sections 302(c), 303(d), 304, 311, 312 and 323 of the Federal Act, as incorporated into this Act, pertaining to the providing of information and giving of notification, shall be considered the law of this State and shall apply equally to all facilities subject to the Federa…
430 ILCS 100/8
Local emergency planning committees
Local emergency planning committees. (a) The SERC shall appoint and supervise local emergency planning committees in accordance with Section 301 of the Federal Act. (b) Local emergency planning committees shall carry out all responsibilities of a local emergency planning committee as specified in applicable Sections of…
430 ILCS 100/9
Emergency planning
Emergency planning. (a) Beginning 90 days after the effective date of this Act, it shall be a violation of this Section for the owner or operator of a facility subject to the requirements of Section 302 of the Federal Act to fail to notify the SERC that such facility is subject to the requirements of such Section, as r…
430 ILCS 100/10
Release notification
Release notification. (a) If a release requiring notification under Section 304 of the Federal Act or under Section 103(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) occurs from a facility at which a hazardous chemical is produced, used or stored, the o…
430 ILCS 100/11
MSDS
MSDS. (a) The owner or operator of any facility which is required to prepare or have available a material safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970 and regulations promulgated under that Act (15 U.S.C. 651 et seq.) shall, in accordance with the threshold levels for…
430 ILCS 100/12
Inventory forms
Inventory forms. (a) The owner or operator of any facility which is required to prepare or have available a material safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970 and regulations promulgated under that Act shall, in accordance with the threshold levels for reporting as…
430 ILCS 100/13
Trade secrets
Trade secrets. The authority to withhold information for trade secret protection under Section 322 of the Federal Act shall be applicable to all facilities subject to the reporting requirements of this Act. All trade secret petitioners must follow the procedures under Section 322 of the Federal Act and regulations adop…
430 ILCS 100/14
Health professionals
Health professionals. An owner or operator of a facility subject to the reporting requirements of this Act shall comply with the procedures for providing information to health professionals, doctors and nurses pursuant to Section 323 of the Federal Act. (Source: P.A. 86-449.)
430 ILCS 100/15
Public availability
Public availability. The SERC and LEPCs shall make information available to the public upon request in accordance with Section 324 of the Federal Act. All requests for information shall be in writing and subject to the provisions of the Illinois Freedom of Information Act. All costs associated with providing informatio…
430 ILCS 100/16
Enforcement
Enforcement. (a) The SERC shall have the authority to investigate alleged violations of Sections of this Act and, following written notice to the business, to refer such violations for prosecution by the State's Attorney of the county in which the violation occurred, or by the Attorney General. The State's Attorney or…
430 ILCS 100/17
Citizen suits
Citizen suits. (a) Except as provided in subsection (b), any person may commence a civil action on his own behalf against the owner or operator of a facility for failure to do any of the following: (1) submit a followup emergency notice required under Section 10(d) of this Act; (2) submit a material safety data sheet o…
430 ILCS 100/18
Penalties
Penalties. (a) Any person who violates any requirement of Section 9, 10, 11, 12, or 14 of this Act shall be liable for a civil penalty in an amount not to exceed $25,000 for each violation. In the case of a second or subsequent violation of Section 10, the civil penalty shall not exceed $75,000 for each day during whic…
430 ILCS 100/19
Costs
Costs. Upon motion of a party prevailing in an action under this Act, the court may award costs of litigation including reasonable attorney and expert witness fees. (Source: P.A. 86-449.)