Chapter 430 — PUBLIC SAFETY

(430 ILCS 30/3) (from Ch. 95 1/2, par. 700-3) Sec. 3. Unless the context otherwise clearly requires, as used in this Act: "Commerce" means trade, traffic, commerce or transportation within the State; "Department" means the Illinois State Police; "Discharge" means leakage, seepage…

(430 ILCS 30/4) (from Ch. 95 1/2, par. 700-4) Sec. 4. To the extent necessary to administer this Act, the Department is authorized to: (a) Adopt by reference all or any portion of the Federal Motor Carrier Safety Regulations and the hazardous materials regulations of the United S…

(430 ILCS 30/5) (from Ch. 95 1/2, par. 700-5) Sec. 5. The transportation of hazardous materials in commerce that are not in compliance with this Act or any rules and regulations issued under this Act is prohibited. (Source: P.A. 80-351.)

(430 ILCS 30/6) (from Ch. 95 1/2, par. 700-6) Sec. 6. The Department may exempt any person who transports any hazardous material if such exemption is identical to an exemption issued by the Secretary of the United States Department of Transportation under Section 107 of the "Haza…

(430 ILCS 30/7) (from Ch. 95 1/2, par. 700-7) Sec. 7. This Act shall not apply to: (a) Natural gas pipelines; (b) Transportation by any individual for personal use of any firearm or any ammunition for such firearm; or (c) Transportation of firearms or ammunition in Commerce. (Sou…

(430 ILCS 30/8) (from Ch. 95 1/2, par. 700-8) Sec. 8. The Department shall cooperate with other State agencies regulating hazardous materials and may enter into interagency agreements for the purpose of administering or enforcing any provisions of this Act and the rules and regul…

(430 ILCS 30/9) (from Ch. 95 1/2, par. 700-9) Sec. 9. (a) The Department is authorized to make and adopt reasonable rules and regulations and orders consistent with law necessary to carry out the provisions of this Act. (b) Prior to the adoption, amendment or repeal of any rule, …

(430 ILCS 32/0.01) (was 720 ILCS 650/0.01) Sec. 0.01. Short title. This Act may be cited as the Nitroglycerin Transportation Act. (Source: P.A. 86-1324.)

(430 ILCS 32/1) (was 720 ILCS 650/1) Sec. 1. No person, personally or through an agent, shall transport nitroglycerin in a liquid state on any highway; except this Act shall not prohibit the transportation of desensitized liquid nitroglycerin on any highway. Any person who violat…

(430 ILCS 35/1) (from Ch. 111 1/2, par. 251) Sec. 1. This Act shall be known and may be cited as the "Uniform Hazardous Substances Act of Illinois." (Source: P.A. 76-1579.)

(430 ILCS 35/10) (from Ch. 111 1/2, par. 260) Sec. 10. All final administrative decisions of the Department hereunder shall be subject to judicial review pursuant to the provisions of the Administrative Review Law, and all amendments and modifications thereof, and the rules adopt…

(430 ILCS 35/11) (from Ch. 111 1/2, par. 261) Sec. 11. If the Director finds that, because of the size of the package involved or because of the minor hazard presented by the substance contained therein, or for other good and sufficient reasons, full compliance with the labeling …

(430 ILCS 35/12) (from Ch. 111 1/2, par. 262) Sec. 12. The following acts and the causing thereof are prohibited: (1) The manufacture, distribution, sale, or offer for sale within this State, or the delivery for introduction or introduction into commerce, or the delivery for tran…

(430 ILCS 35/13) (from Ch. 111 1/2, par. 263) Sec. 13. This Act shall not apply to: (1) Any carrier, while lawfully engaged in transporting a hazardous substance within this State, if such carrier shall, upon request, permit the Director or his designated agent to copy all record…

(430 ILCS 35/14) (from Ch. 111 1/2, par. 264) Sec. 14. In addition to the remedies otherwise provided by this Act the Director is authorized to apply to the circuit court for, and such court shall have jurisdiction upon hearing and for cause shown to grant, a temporary restrainin…

(430 ILCS 35/15) (from Ch. 111 1/2, par. 265) Sec. 15. It is the duty of the Department, its officers, agents, inspectors and employees to enforce the provisions of this Act. (Source: P.A. 77-1865.)

(430 ILCS 35/15a) (from Ch. 111 1/2, par. 265a) Sec. 15a. The Director may cause to be published from time to time reports summarizing all judgments and court orders which have been rendered under this Act, including the nature of the charge, and the disposition thereof, and may …

(430 ILCS 35/16) (from Ch. 111 1/2, par. 266) Sec. 16. Any person violating any of the provisions of this Act is guilty of a Class A misdemeanor; however, no person shall be subject to the penalties provided in this Section for having violated Section 12 (1) if (1) he establishes…

(430 ILCS 35/16a) (from Ch. 111 1/2, par. 266a) Sec. 16a. Substances which are in compliance with the Federal Hazardous Substances Act and the rules and regulations adopted pursuant thereto, and which are not in conflict with this Act and the rules and regulations adopted pursuan…

(430 ILCS 35/2) (from Ch. 111 1/2, par. 252) Sec. 2. The following words and phrases shall have the meaning ascribed to them in Sections 2-1 through 2-17. (Source: P.A. 76-1579.)

(430 ILCS 35/2-1) (from Ch. 111 1/2, par. 252-1) Sec. 2-1. "Person" means and includes any corporation, association, co-partnership or one or more individuals. (Source: Laws 1959, p. 1529.)

(430 ILCS 35/2-10) (from Ch. 111 1/2, par. 252-10) Sec. 2-10. "Flammable" means any substance which has a flashpoint of above 20 degrees to and including 80 degrees Fahrenheit as determined by the Tagliabue Open Cup Tester, and "extremely flammable" means any substance which has …

(430 ILCS 35/2-11) (from Ch. 111 1/2, par. 252-11) Sec. 2-11. "Label" means a display of written, printed, or graphic matter upon the immediate container of any substance or, in the case of an article which is unpackaged or is not packaged in an immediate container intended or su…

(430 ILCS 35/2-12) (from Ch. 111 1/2, par. 252-12) Sec. 2-12. "Immediate container" does not include package liners. (Source: Laws 1959, p. 1529.)

(430 ILCS 35/2-13) (from Ch. 111 1/2, par. 252-13) Sec. 2-13. "Household use" means any use, or intended use of an article in or about the living area or living quarters of a house, apartment house or other place of abode. (Source: Laws 1959, p. 1529.)

(430 ILCS 35/2-14) (from Ch. 111 1/2, par. 252-14) Sec. 2-14. "Radioactive substance" means any substance which emits ionizing radiation. (Source: Laws 1961, p. 3360.)

(430 ILCS 35/2-15) (from Ch. 111 1/2, par. 252-15) Sec. 2-15. "Misbranded hazardous substance" means: A. A hazardous substance (including a toy, or other article intended for use by children, which is a hazardous substance, or which bears or contains a hazardous substance in such…

(430 ILCS 35/2-16) (from Ch. 111 1/2, par. 252-16) Sec. 2-16. "Banned hazardous substance" means: A. Any toy, or other article intended for use by children, which is a hazardous substance, or which bears or contains a hazardous substance in such manner as to be susceptible of acc…

(430 ILCS 35/2-17) (from Ch. 111 1/2, par. 252-17) Sec. 2-17. "Intrastate commerce" means commerce within this State. (Source: P.A. 76-1579.)

(430 ILCS 35/2-18) (from Ch. 111 1/2, par. 252-18) Sec. 2-18. An article may be determined to present an electrical hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture may cause personal injury or illness by electric sho…

(430 ILCS 35/2-19) (from Ch. 111 1/2, par. 252-19) Sec. 2-19. An article may be determined to present a mechanical hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture presents an unreasonable risk of personal injury or i…

(430 ILCS 35/2-2) (from Ch. 111 1/2, par. 252-2) Sec. 2-2. "Director" means the Director of Public Health. (Source: Laws 1959, p. 1529.)

(430 ILCS 35/2-20) (from Ch. 111 1/2, par. 252-20) Sec. 2-20. An article may be determined to present a thermal hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture presents an unreasonable risk of personal injury or illn…

(430 ILCS 35/2-3) (from Ch. 111 1/2, par. 252-3) Sec. 2-3. "Department" means the Department of Public Health. (Source: Laws 1959, p. 1529.)

(430 ILCS 35/2-4) (from Ch. 111 1/2, par. 252-4) Sec. 2-4. "Hazardous substance" means any substance or mixture of substances which is toxic, corrosive, an irritant, strong sensitizer, flammable, combustible or which generates pressure through decomposition, heat or other means a…

(430 ILCS 35/2-5) (from Ch. 111 1/2, par. 252-5) Sec. 2-5. "Toxic" means any substance (other than a radioactive substance) which has the capacity to produce bodily injury or illness to man through ingestion, inhalation, or absorption through any body surface. (Source: P.A. 76-15…

(430 ILCS 35/2-6) (from Ch. 111 1/2, par. 252-6) Sec. 2-6. "Highly Toxic" means any substance which produces death within 14 days in at least half of a group of 10 or more laboratory white rats each weighing between 200 and 300 grams, when a single dose of 50 milligrams or less p…

(430 ILCS 35/2-7) (from Ch. 111 1/2, par. 252-7) Sec. 2-7. "Corrosive" means any substance which in contact with living tissue causes destruction of tissue by chemical action; but does not refer to action on inanimate surfaces. (Source: Laws 1959, p. 1529.)

(430 ILCS 35/2-8) (from Ch. 111 1/2, par. 252-8) Sec. 2-8. "Irritant" means any substance, not corrosive, which on immediate, prolonged or repeated contact with normal living tissue will induce local inflammatory reaction. (Source: Laws 1959, p. 1529.)

(430 ILCS 35/2-9) (from Ch. 111 1/2, par. 252-9) Sec. 2-9. "Strong sensitizer" means any substance which will cause on normal living tissue through an allergic or photodynamic process a hypersensitivity which becomes evident on reapplication of the same substance and which is des…

(430 ILCS 35/3) (from Ch. 111 1/2, par. 253) Sec. 3. The Director is authorized to make and enforce reasonable rules and regulations for carrying out the provisions of this Act. (Source: P.A. 76-1579.)

(430 ILCS 35/3a) (from Ch. 111 1/2, par. 253a) Sec. 3a. The Director, when he deems it necessary in the administration of this Act, may require the submission of the names and amounts of any hazardous ingredients in any hazardous substance. (Source: P.A. 76-1579.)

(430 ILCS 35/3b) (from Ch. 111 1/2, par. 253b) Sec. 3b. The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedures of the Department of Public Health under this Act, except that in case of co…

(430 ILCS 35/4) (from Ch. 111 1/2, par. 254) Sec. 4. The Director is authorized to conduct examinations, inspections, and investigations for the purposes of this Act through officers and employees of the Department. For purposes of enforcement of this Act, officers or employees d…

(430 ILCS 35/4a) (from Ch. 111 1/2, par. 254a) Sec. 4a. Carriers engaged in commerce, and persons receiving hazardous substances in commerce or holding such substances so received, shall upon the request of an officer or employee duly designated by the Director permit such office…

(430 ILCS 35/5) (from Ch. 111 1/2, par. 255) Sec. 5. A. When the Director or an authorized agent of the Director finds or has probable cause to believe that any substance is a misbranded hazardous substance or banned hazardous substance within the meaning of this Act, he or she s…

(430 ILCS 35/6) (from Ch. 111 1/2, par. 256) Sec. 6. If it shall appear from examination, inspection or evidence that any of the provisions of this Act and the rules and regulations adopted pursuant thereto are being violated, the Department may cause notice of such violations to…

(430 ILCS 35/7) (from Ch. 111 1/2, par. 257) Sec. 7. The Department has power to subpoena and bring before it any person in this State and to take testimony, either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed by law in jud…

(430 ILCS 35/8) (from Ch. 111 1/2, par. 258) Sec. 8. The Department, at its expense, shall provide a stenographer to take down testimony and preserve a record of all proceedings at the hearing of any case under this Act. The notice of hearing, complaint and all other documents in…

(430 ILCS 35/9) (from Ch. 111 1/2, par. 259) Sec. 9. The Department shall make a report of its findings and recommendations. A copy of the report shall be served upon the person charged with violation, either personally or by certified mail, as provided for service of notice. (So…