§ 18c-7404 — Transportation of Hazardous Materials by Rail Carriers

(1) Commission to Regulate Hazardous Materials Transportation by Rail Carrier. (a) Powers of the Commission. The Commission is authorized to regulate the transportation of hazardous materials by rail carrier by: (i) Adopting by reference the hazardous materials regulations of the Office of Hazardous Materials Transportation and the Federal Railroad Administration of the United States Department of Transportation, as amended; (ii) Conducting investigations, issuing subpoenas, taking depositions, requiring the production of relevant documents, records and property, and conducting hearings in aid of such investigations; (iii) Conducting a continuing review of all aspects of hazardous materials transportation by rail carrier to determine and recommend actions necessary to insure safe transportation of such materials; (iv) Undertaking, directly or indirectly, research, development, demonstration and training activities; (v) Cooperating with other State agencies and enter into interagency agreements; and (vi) Entering upon, inspecting and examining the records and properties relating to the transportation of hazardous materials by rail, including all portions of any facility used in the loading, unloading, and actual movement of such materials, or in the storage of such materials incidental to actual movement by rail; (vii) Stopping and inspecting trains, at reasonable times and locations and in a reasonable manner, or taking any other action necessary to administer or enforce the provisions of this Section. (b) Scope of Section. The provisions of this Section apply generally to the transportation of hazardous materials by rail carrier within the State of Illinois, but do not apply to: (i) Natural gas pipelines; (ii) Transportation of firearms or ammunition for personal use or in commerce; or (iii) Transportation exempted by the Commission where the exemption granted by the Commission is: (A) Coextensive with an exemption granted by the Office of Hazardous Materials and the Federal Railroad Administration; or (B) Otherwise exempt under statutes or regulations governing similar transportation in interstate commerce. (c) Rail Carriers to Comply with Commission Regulations. No person shall transport hazardous materials by rail carrier except in compliance with this Section, Commission regulations and orders. (2) Enforcement. (a) Criminal Penalties. Any person who willfully violates the provisions of this Section, Commission regulations or orders shall have committed a class 3 felony and be subject to criminal penalties in an amount not to exceed $25,000. (b) Civil Penalties. Any person who knowingly violates the provisions of this Section, Commission regulations or orders shall also be subject to civil penalties in an amount not to exceed $10,000. (c) Injunctive Relief. The Commission may petition any circuit court with venue and jurisdiction to enforce this Chapter to enjoin actions which it has reason to believe may pose an imminent hazard, and to issue such other orders as will eliminate or ameliorate the imminent hazard. As used in this Section, "imminent hazard" means a substantial likelihood that death, serious illness, or severe personal injury will occur prior to the time during which an administrative proceeding to abate the danger could normally be completed. (3) Commission to Adopt Regulations. The Commission may adopt regulations governing the transportation of hazardous materials by rail carrier where: (a) The risk created by such transportation is susceptible to control by regulation; (b) State regulation would be more effective in controlling the risk than federal regulation; and (c) The regulations adopted by the Commission are not inconsistent with federal regulations.

Legislative History

(Source: P.A. 85-815.)