Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart B - EXPLOSIVES LICENSE › Section 200.90 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
a) The license
				requirements of this Subpart apply to all explosive materials unless otherwise
				excepted by Section 2000 of the Act.
b) No person shall acquire, store, use,
				possess, transfer or dispose of explosive materials unless licensed by the
				Department, except as otherwise provided by Section 2001 of the Act.
c) No person convicted of a felony will be
				exempt from this requirement unless that person has been granted a "Relief from
				Disabilities" (see
				27 CFR
				555.142).
d) The licensing provisions of the Act and
				this Subpart do not apply to:
1) agricultural
				fertilizers that might be of an explosive nature, when the use of the
				fertilizers is for agricultural or horticultural purposes;
2) a common or contract carrier authorized to
				carry explosive materials pursuant to the Interstate Commerce Act of 1887
				(49 USC
				101) or the Illinois Commerce
				Commission;
3) the purchase,
				receipt, possession or use by an individual of primers or propellant powder
				used in muzzleloader firearms, hand loading, reloading or custom loading
				ammunition for small arms for his or her own use or that of his or her
				immediate family;
4) the possession
				or purchase from dealers, importers or manufacturers, by any person who holds a
				valid Illinois Firearm Owner's Identification card:
A) of the following items:
i) smokeless small arms propellant, except as
				defined as Division
				1.1, 1.2 or
				1.3 explosives by
				49 CFR
				173.5;
ii) black powder not to exceed 5 pounds;
				and
iii) small arms primers or
				percussion caps for muzzleloading or modern arms;
B) if the items described in subsection
				(d)(4)(A) are maintained in containers provided by the manufacturer or
				containers generally recognized as being suitable for the transportation and
				storage of, or commerce in, these items at retail, or the transportation or use
				of those items, by any such person using muzzleloading ammunition for small
				arms;
5) the
				acquisition, possession, use, transfer or disposal of explosive materials in
				connection with mine, quarry, construction, manufacturing or wholesale or
				retail dealership operations in the ordinary course of business, provided that:
A) the operator has obtained a storage
				certificate from the Department in accordance with Subpart C;
B) the acquisition, possession, use, transfer
				or disposal of explosive materials is limited to the operator's business
				operation;
C) the person or persons
				designated as "magazine keeper" satisfy the licensure requirements, other than
				an examination, of this Subpart;
D)
				the employee, contractor or Department authorized person is under the direct
				supervision of a licensee under the Act, a blaster licensed under the
				Surface-Mined Lands Conservation and Reclamation Act [225 ILCS 715], or a
				blaster or shot firer certified under the Surface Coal Mining Land Conservation
				and Reclamation Act [225 ILCS 720]. Direct supervision requires a licensed
				individual to be present at all times during explosive use and
				disposal;
E) no person convicted of
				a felony shall be exempt from this requirement unless the individual has been
				granted a "Relief from Disabilities"; and
F) no person under the age of 18, unless
				otherwise approved by the Director, shall be allowed to acquire, store, use,
				possess, transfer or dispose of explosive materials.