2005 Illinois Code - 225 ILCS 210/ Illinois Explosives Act. Article 3 - Storage
(225 ILCS 210/Art. 3 heading)
ARTICLE 3.
STORAGE
(225 ILCS 210/3000) (from Ch. 96 1/2, par. 1‑3000)
Sec. 3000.
No person, unless otherwise excepted, shall store explosive
materials unless a storage certificate has been issued by the Department.
The Department shall, by rule, establish requirements for the storage of
explosive materials including magazine construction, magazine maintenance
and the distances from which magazines or factory buildings must be
separated from other magazines, buildings, railroads and highways. In
establishing magazine construction, maintenance and distance requirements,
the Department shall differentiate, as appropriate, between types,
classifications and quantities of explosive materials and shall fully
consider nationally recognized industry standards and the standards
enforced by agencies of the federal government including the Bureau of
Alcohol, Tobacco, and Firearms of the United States Department of the Treasury.
(Source: P.A. 86‑364.)
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(225 ILCS 210/3001) (from Ch. 96 1/2, par. 1‑3001)
Sec. 3001.
Storage requirements; Magazines.
(a) No person shall possess or store explosive materials
unless such explosive materials are stored in a magazine or in a factory
building in accordance with this Act except while being transported or being
used in preparation for blasting or while in the custody of a common
carrier awaiting shipment or delivery to a consignee during the time
permitted by federal law.
(b) Not more than 300,000 pounds shall be stored in any magazine at
any one time.
(c) Magazines in which explosive materials shall be lawfully kept or
stored shall be constructed of brick, concrete, iron, wood covered with
iron or other suitable materials. The magazine shall not have openings
except for ventilation and entrance. Blasting caps, detonating or
fulminating caps, or detonators shall be kept or stored in a separate
magazine from magazines where other explosive materials are kept or stored
and a storage certificate shall be obtained from the Department in
accordance with Section 3002.
(d) The doors of magazines shall be kept closed
and locked at all times, except when opened for storage or removal of
explosive materials by persons authorized to enter the magazine. Sufficient
openings shall be provided for ventilation and shall be screened to prevent
the entrance of sparks, except that magazines containing only black powder
may be constructed without openings for ventilation. At each magazine
site there shall at all times be kept conspicuously posted warning signs
as specified by the Department. All explosive materials must be
stored within the magazine in their original containers and such containers
shall be plainly marked with the name of the explosive contained
therein. Except for testing purposes in accordance with Section 5009, no
individual shall discharge firearms within 500 feet of a magazine or factory
building, or at or against any such building or magazine.
(e) Magazines and the areas surrounding magazines shall be maintained,
as provided by rule, to avoid fire or explosive hazards.
(Source: P.A. 86‑364; 87‑835.)
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(225 ILCS 210/3002) (from Ch. 96 1/2, par. 1‑3002)
Sec. 3002.
Storage Certificates.
(a) No person shall store explosive
materials until he has obtained a storage certificate from the Department.
No storage certificate shall be required, however, where holes are drilled
and the explosive materials are upon delivery, immediately and continuously
loaded into the holes for blasting from the mobile container in which they
were delivered. The container shall at all times be attended by an
authorized agent or employee of the seller or the user of the explosive
materials. In no event shall the mobile container of explosive materials
be exempt unless it is completely unloaded for blasting. Every person to
which this Section applies shall report to the Department, on forms
furnished by the Department, the following information:
(1) the location or proposed location of a magazine;
(2) the kind and maximum quantity of explosive |
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materials intended to be generally stored in the magazine; and
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(3) the distance or intended distance of the
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magazine from the nearest magazine, building, railroad and highway; and
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(4) the name, residence and business addresses of
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the person designated as "magazine keeper".
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(b) All storage
certificate application fees collected under this Act shall be deposited into
the Explosives Regulatory Fund.
Following receipt of such report, the Department shall inspect the
magazine. If it finds that the magazine is located and constructed in
accordance with this Act and rules promulgated by the Department, it shall
determine the quantity of explosive materials that may be stored in such
magazine and shall issue a storage certificate to the applicant showing
compliance with this Act and the maximum quantity of explosive materials
that may be stored in the magazine. The storage certificate shall be
prominently and conspicuously posted at the magazine.
(c) If any person to whom the certificate has been issued keeps or
stores explosive materials in excess of the amount authorized by the
certificate, the Department may cancel the certificate. Whenever there
are changes in the physical conditions surrounding a magazine, such as the
erection of buildings, operation of railways or opening of highways near
such magazine, the Department shall, in accordance with the changed
conditions, modify or cancel the certificate. Upon cancellation of the
certificate, the owner shall immediately remove all explosive materials
from the magazine. The owner or user of a magazine shall promptly notify
the Department of any change in conditions.
(d) Storage certificates issued under this Act are not transferable. In
the event of the lease, sale or other transfer of the business or
operations covered by the certificate, the new owner, tenant or successor
in interest must obtain the storage certificate required by this Article
before storing explosive materials.
(Source: P.A. 87‑835; 88‑599, eff. 9‑1‑94.)
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(225 ILCS 210/3003) (from Ch. 96 1/2, par. 1‑3003)
Sec. 3003.
Vehicles.
(a) Every vehicle carrying an explosive material
shall have signs or placards as prescribed by the
Department attached to all four sides of the vehicle, except that any
vehicle which is required to be placarded pursuant to "An Act to require
labeling of equipment and facilities for the use, transportation, storage
and manufacture of hazardous materials and to provide for a uniform
response system to hazardous materials emergencies", approved August 26,
1976, as amended, shall be placarded in accordance with the provisions of
that Act.
(b) No individual shall approach, ride upon, drive, load or unload a vehicle
carrying an explosive material carelessly, recklessly, or while smoking or
under the influence of intoxicating liquor or narcotic drug.
(c) No individual shall place or carry, or cause to be placed or carried, in
or upon a vehicle containing an explosive material any metal tool, piece
of metal, fire, or any match, exploder, detonator, blasting cap or other
device for producing spark, flame or heat, except tools for the
operation and repair of such vehicle and tools normally used for
preparation of explosive materials for blasting.
(d) No passenger or passengers, other than authorized helpers, shall be
carried in or upon a vehicle containing an explosive material.
(Source: P.A. 86‑364; 87‑835.)
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(225 ILCS 210/3004) (from Ch. 96 1/2, par. 1‑3004)
Sec. 3004.
Refusal, suspension, or revocation of certificate;
Grounds.
(a) Subject to the provisions of Sections 5003 through 5005 of
this
Act, the Department may suspend, revoke, refuse to issue or renew a
certificate or take any other disciplinary action as the Department may
deem proper, including the imposition of fines not to exceed $5000 for each
occurrence, if the applicant or certificate holder fails to comply with or
satisfy the requirements of any provision of this Act or for any of the
following reasons:
(1) Material misstatement in the application for |
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original certificate or in the application for any renewal certificate under this Act.
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(2) Failure to continue to possess the necessary
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qualifications or to meet the requirements of the Act for the issuance or holding of a certificate after issuance of the certificate, in which case the certificate shall be revoked.
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(3) Willful disregard or violation of this Act or of
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(4) Willfully aiding or abetting another in the
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violation of this Act or its rules.
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(5) Allowing a certificate under this Act to be used
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by an unauthorized person.
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(6) Refusing to produce records or permit
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inspections lawfully requested by the Department.
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(7) Failing to make or keep records or reports, or
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making or keeping false records or reports as required under this Act.
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(8) Storing any explosive material in a manner not
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in conformity with this Act.
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(9) Possession, use, or storage of explosive
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materials in a manner which endangers the public health, safety, or welfare in violation of this Act.
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(b) All fines collected under this Section of this Act shall be deposited
into the Explosives Regulatory Fund.
(Source: P.A. 87‑835; 88‑599, eff. 9‑1‑94.)
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