THE ILLINOIS CHEMICAL SAFETY ACT

On September 23, 1985, Governor Thompson signed into law the Illinois Chemical Safety Act (Public Act 84-852). This legislation requires certain industries within the state to develop a plan that outlines what a company would do in the event of a release of a chemical substance at their facility, and share the contents of that plan with the appropriate local planning and response organizations. Failure of a business to comply with the requirements of the Act can be met with civil fines not to exceed $10,000 per offense and $1,000 per day for each day the violation continues.

The law covers all businesses within the state which:

• Have been assigned one of the (28) Standard Industrial Classification Codes identified in the legislation.

• Employs 5 or more full-time or 20 or more part-time employees.

• Manufactures, stores or produces a chemical substance.

If a company meets all three of the above criteria they must:

• Prepare a written plan;

• Send copies to the appropriate local chemical safety planning and response authorities by July 1, 1986;

• Send copy of the Chemical Safety Act Compliance Form to the Illinois Emergency Services and Disaster Agency by July 15, 1986;

• Annually request a meeting with local authorities to discuss chemical safety issues;

• Initiate an employees education program.

Regulations adopted May 23, 1986, set forth the means by which the appropriate local planning and response organizations are identified. Section 610.30 of Title 29 of Illinois Administrative Code states that:

"Authority for assigning job duties and responsibilities as they relate to emergency preparedness planning and response ultimately lies with the principal executive officer of a local geographical jurisdiction . . . Representatives of businesses should contact the principal executive officer of the local geographical jurisdiction in which the facility is located to obtain the names of the appropriate local emergency preparedness planning and response agencies.

The principal executive officer's responsibilities under this legislation and related regulations are clear. They should first analyze their jurisdiction's personnel resources, and then select those agencies within their jurisdictions that are best prepared to engage in chemical emergency preparedness planning and response activities.

It is estimated that more than 3,000 industrial facilities within Illinois will be regulated under this legislation. Many of these businesses have already complied with the provisions of the new law.

If members of local government desire additional information or copies of the Chemical Safety Act and related regulations, they should contact the Hazardous Materials Section of the Illinois Emergency Services and Disaster Agency at 110 East Adams, Springfield, Illinois 62706, or by phoning (217) 782-4268. •

Page 24 / Illinois Municipal Review / August 1986