625 ILCS 5/18c-7404
2021 Illinois Compiled Statutes|Chapter 625 - VEHICLES|625 ILCS 5/ - Illinois Vehicle Code.|Chapter 18c - Illinois Commercial Transportation Law

 (from Ch. 95 1/2, par. 18c-7404)Sec. 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.    (Source: P.A. 85-815.)