Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart A - SCOPE, AUTHORITY AND DEFINITIONS › Section 200.11 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following definitions have the meanings specified, except
				  when another meaning is provided in this Part:
"Acceptor" means a charge of explosives or blasting agent
				  receiving an impulse from an exploding donor charge.
"Act" means the Illinois Explosives Act [225 ILCS
				  210].
"Airblast" (also known as "air overpressure") means airborne
				  waves resulting from the detonation of explosives. Airblast may be caused by
				  burden movement or the release of expanding gas into the air. Airblast may or
				  may not be audible.
"Ammonium Nitrate" means the ammonium salt of nitric acid
				  represented by the formula
				  NH4NO3.
"ANFO" means an explosive material consisting of ammonium
				  nitrate and fuel oil.
"Artificial Barricade" means an artificial mound or revetted
				  wall of earth of a minimum thickness of 3 feet at the top of the mound or wall,
				  or a mound or revetted wall of other material offering equivalent protection.
				  Artificial barricades that are vegetated shall be of sufficient slope to enable
				  mowing.
"ATF" means the Bureau of Alcohol, Tobacco, Firearms and
				  Explosives, U.S. Department of Justice.
"Attended at all Times" means that the Type 3 magazine and
				  any explosives must always be within the line of sight of, and visible to, a
				  member of the work or blasting crew authorized to enter the magazine.
"Authorized Person" means a person holding a current Illinois
				  Surface Aggregate Blasting License, Illinois Surface Coal Certification [225
				  ILCS 210], Individual Explosives License or qualifying for an exemption
				  pursuant to Section 200.90(d)(5).
"Barricaded" means the effective screening of a building
				  containing explosives from a magazine or other building, railway, or highway by
				  a natural or an artificial barrier. A straight line from the top of any
				  sidewall of the building containing explosives to the eave line of any magazine
				  or other building or to a point 12 feet above the center of a railway or
				  highway shall pass through the barrier.
"Black Powder" means a deflagrating or low explosive compound
				  of an intimate mixture of sulfur, charcoal, and an alkali nitrate, usually
				  potassium or sodium nitrate.
"Blast" or "Blasting" means:
the firing of explosive materials for such purposes as
				  breaking rock or other material, moving material, generating seismic waves, or
				  initiation of display fireworks; and
the assembly of explosive materials for those
				  purposes.
"Blast Zone" means the area of a blast within the influence
				  of flying rock, missiles, debris, gases, airblast and any areas where
				  Department regulated display fireworks are initiated.
"Blasting Agent" means any material or mixture consisting of
				  a fuel and oxidizer intended for blasting, not otherwise defined as an
				  explosive, provided that the finished product, as mixed and packaged for use or
				  shipment, cannot be detonated by means of a No. 8 blasting cap, as defined by
				  ATF, when unconfined and is classified as a Division
				  1.5 material under
				  49 CFR
				  173.50.
"Blasting Cap" means a detonator that is initiated by a
				  safety fuse.
"Bulk Mix" means a mass of explosive material prepared for
				  use in bulk form without packaging.
"Bulk Mix Truck or Delivery Equipment" means equipment
				  (usually a motor vehicle with or without a mechanical delivery device) that
				  transports explosive materials in bulk form for mixing or loading directly into
				  blastholes, or both.
"Bullet-Resistant" means magazine walls or doors of
				  construction resistant to penetration of a bullet of 150-grain M2 ball
				  ammunition having a nominal muzzle velocity of 2700 feet per second fired from
				  a .30 caliber rifle from a distance of 100 feet perpendicular to the wall or
				  door. When a magazine ceiling or roof is required to be bullet-resistant, the
				  ceiling or roof shall be constructed of materials comparable to the side walls
				  or of other materials that will withstand penetration of the bullet described
				  in this definition when fired at an angle of 45 degrees from the perpendicular.
				  Tests to determine bullet resistance shall be conducted on test panels or empty
				  magazines that shall resist penetration of 5 out of 5 shots place independently
				  of each other in an area at least 3 feet by 3 feet.
"Certificate" means a storage certificate issued by the
				  Department allowing for the proper storage of explosives in accordance with the
				  Act.
"Deflagration" means an explosive reaction such as a rapid
				  combustion that moves through an explosive material at a velocity less than the
				  speed of sound in the material.
"Department" means Illinois Department of Natural
				  Resources.
"Detonating Cord" means a flexible cord containing a center
				  core of high explosive.
"Detonation" means an explosive reaction that moves through
				  an explosive material at a velocity greater than the speed of sound in the
				  material.
"Detonator" means any device that contains any initiating or
				  primary explosive that is used for initiating detonation and is classified as a
				  Division 1.1 or 1.4 material under
				  49 CFR
				  173.50 (March 30, 2017). A detonator may not
				  contain more than 10 grams of total explosives by weight, excluding ignition or
				  delay charges.
"Director" means Director of the Department of Natural
				  Resources or the Director's designee.
"Disposal", with respect to explosive materials, means to
				  render inert pursuant to manufacturer's recommendations or commonly accepted
				  industry standards.
"Donor" means an exploding charge producing an impulse that
				  impinges upon an explosive "acceptor" charge.
"Explosive" means any chemical compound, mixture or device,
				  the primary or common purpose of which is to function by explosion, that can be
				  classified as a Division 1.1, 1.2 or 1.3 material under
				  49 CFR
				  173.50. The term includes high and low
				  explosives and any explosive devices containing over one quarter ounce of
				  explosive material. This term does not include consumer fireworks that have a
				  bulk total gross weight of under 1,001 pounds, but does include display
				  fireworks. Consumer fireworks with a total gross weight of 1,001 pounds or more
				  are only subject to the storage requirements in this Section as defined in the
				  definition of "Consumer Fireworks".
"Explosive Devices" means devices intended to produce audible
				  and visual effects in conjunction with a detonation or deflagration, commonly
				  referred to as M-devices, quarter sticks, cherry bombs and pipe bombs that
				  exceed the U.S. Consumer Product Safety Commission's explosive weight limits
				  for consumer fireworks that contain explosive material and are therefore
				  classified as illegal under federal and State laws. This term does not include
				  binary exploding targets for their intended personal use (see 27 CFR 555
				  ).
"Explosive Materials" means explosives, blasting agents,
				  water gels, detonators, and all items included within the "List of Explosive
				  Materials" provided in 27
				  CFR 555.23.
"Fire-Resistant" means construction designed to offer
				  reasonable protection against fire.
"Fireworks" means any composition or device designed for the
				  purpose of producing a visible or an audible effect by combustion, deflagration
				  or detonation, and that meets the definition of "consumer fireworks" or
				  "display fireworks" as follows:
"Consumer Fireworks" means any small fireworks device
				  designed to produce visible effects by combustion and that must comply with the
				  construction, chemical composition and labeling regulations of the U.S.
				  Consumer Product Safety Commission ( 16 CFR 1500 and 1507 ). Some small devices
				  designed to produce audible effects are included, such as whistling devices,
				  ground devices containing 50 mg (0.77 grain) or less of explosive materials,
				  and aerial devices containing 130 mg (2 grains) or less of explosive materials.
				  Consumer fireworks are classified as Explosives, Class 1, Division 1.4, UN0336
				  or UN0337, by the U.S. Department of Transportation (USDOT) (see
				  49 CFR
				  172.101). No consumer firework cake, designed
				  for non-professional (consumer) use, shall exceed 500 grams in total explosive
				  chemical composition. Any bulk storage or holding of consumer fireworks in
				  quantities of 1,001 pounds or greater, not in compliance with the Pyrotechnic
				  Use Act (425 ILCS 35) and/or Pyrotechnic Distributor and Operator Licensing Act
				  (225 ILCS 227), shall be stored in a Department certified Type 1, Type 2 or
				  Type 4 magazines and must meet the distancing requirements, contained within
				  Section 200. Appendix B, as it pertains to the safe storage of low
				  explosives.
"Display Fireworks" means large fireworks designed to produce
				  visible or audible effects by combustion, deflagration or detonation. This term
				  includes, but is not limited to, salutes containing more than 130 mg (2 grains)
				  of explosive materials, aerial shells containing more than 40 grams (616
				  grains) of total pyrotechnic and explosive composition, and other display
				  pieces that exceed the limits for classification as consumer fireworks. Display
				  fireworks are classified as Explosives, Class 1, Division 1.1, 1.2 or 1.3,
				  UN0333, UN0334 or UN0335, by USDOT (see
				  49 CFR
				  172.101). This term also includes fused set
				  pieces containing components that together exceed 50mg of salute powder. This
				  term also includes pyrotechnic devices for professional use that are classified
				  as UNO431 or UNO432. Consumer fireworks designed for professional use and
				  labeled as such by the regulations of the U.S. Consumer Product Safety
				  Commission ( 16 CFR 1500 and 1507 ), such as articles pyrotechnic, that are
				  similar to consumer fireworks in chemical composition and construction, but are
				  not intended for consumer usage, shall fall under the requirements of licensing
				  and storage requirements by the Department for display fireworks (see also APA
				  Standard 87-1A (2.4 General Requirements for Consumer Fireworks and
				  Novelties)). Any bulk storage or holding of consumer fireworks in quantities of
				  1,001 pounds or greater, not in compliance with the Pyrotechnic Use Act [425
				  ILCS 35] and/or Pyrotechnic Distributor and Operator Licensing Act [225 ILCS
				  227], shall be stored in a Department certified Type 1, Type 2 or Type 4
				  magazines and must meet the distancing requirements in Section 200. Appendix B
				  as it pertains to the safe storage of low explosives.
"Grains" means a system of weight measurement in which 7000
				  grains are equivalent to one standard 16-ounce pound (0.45 kg).
"Gross Weight" means the total weight of the explosive which
				  includes all aspects of the product including the actual product, its
				  packaging, and any other packing required to enable the shipping of the
				  product.
"Hardwood" means red oak, white oak, hard maple, ash or
				  hickory, or material of equivalent structural integrity, free from loose knots,
				  wind shakes or similar defects.
"High Explosive" means explosives that are characterized by a
				  very high rate of reaction, high pressure development, and the presence of a
				  detonation wave in the explosive.
"Highway" means any public street, public road or public
				  alley and includes privately financed, constructed or maintained roads that are
				  regularly and openly traveled by the general public.
"Inhabited Building" means a building regularly occupied in
				  whole or part as a habitation for human beings, or any church, schoolhouse,
				  railroad station, store or other structure where people are accustomed to
				  assembly, except any building or structure occupied in connection with the
				  manufacture, transportation, storage or use of explosive materials.
"Inventory" means a listing of all explosive materials and
				  devices being possessed or stored in a magazine.
"License" means a license issued by the Department under
				  Article 2 of the Act authorizing the holder to possess, use, purchase, transfer
				  or dispose of, but not to store, explosive materials.
"Low Explosive" means explosives characterized by
				  deflagration.
"Magazine" means any building or other structure or
				  container, other than a factory building, used to store explosive materials.
				  Where mobile or portable type 5 magazines are permissible and used, "magazine",
				  for the purpose of obtaining certificates and calculating fees, means the site
				  on which the magazines are located.
"Magazine Keeper" means a qualified supervisory person
				  licensed by the Department or otherwise exempted under Article 2 of the Act who
				  is responsible for:
acquisition, storage, use, possession, transfer and disposal
				  of explosive materials, including inventory and transaction records; and
proper maintenance of explosive materials, storage magazines
				  and surrounding areas.
"Natural Barricade" means natural features of the ground,
				  such as hills, or timber of sufficient density that the surrounding exposures
				  that require protection cannot be seen from the magazine when the trees are
				  bare of leaves.
"Non-sparking Metal" means a metal that will not produce a
				  spark when struck with other tools, rock or hard surfaces.
"Office of Mines and Minerals" or "Office" means the office
				  of the Department of Natural Resources charged with regulating the storage,
				  use, acquisition, possession, disposal and transfer of explosive materials
				  pursuant to the Act.
"Person" means any individual, corporation, company,
				  association, partnership or other legal entity, except that, with reference to
				  individual licenses or when the context otherwise requires, person means a
				  natural person.
"Plywood" means exterior construction-grade plywood.
"Propagation" means the detonation of explosive charges by an
				  impulse received from adjacent or nearby explosive charges.
"Propellant Powder" means an explosive of fine granulation
				  that, through burning, produces gases at a controlled rate to provide the
				  energy for propelling a projectile.
"Railway" means any public steam, electric or other railroad
				  or rail system that carries passengers for hire, but shall not include
				  auxiliary tracks, spurs and sidings installed and primarily used in serving any
				  mine, quarry or plant.
"Salute" means an aerial shell, classified as a display
				  firework, that contains a charge of flash powder and is designed to produce a
				  flash of light and a loud report as the pyrotechnic effect.
"Small Arms Primer" means a device for lighting the powder
				  charge in a modern cartridge of ammunition.
"Softwood" means Douglas fir or other wood of equal bullet
				  resistance and free from loose knots, wind shakes or similar defects.
"Steel" means general purpose (hot or cold rolled) low-carbon
				  steel or equivalent.
"Theft-Resistant" means construction designed to deter
				  illegal entry into facilities used for the storage of explosive
				  materials.
"Transfer" of explosive materials means to sell, give,
				  distribute or otherwise dispose of explosive materials.
"Unbarricaded" means the absence of a natural or artificial
				  barricade around explosive storage areas of facilities.
"Use" of explosive materials means the detonation, ignition,
				  deflagration, manufacturing, handling or any other means of initiating
				  explosive materials.
"Water Gels" means explosives or blasting agents that contain
				  a substantial proportion of water.
"Weather Resistant" means construction designed to offer
				  reasonable protection against weather.