Illinois Compiled Statutes 430 ILCS 100 Illinois Emergency Planning and Community Right to Know Act. Section 3

    (430 ILCS 100/3) (from Ch. 111 1/2, par. 7703)

    Sec. 3. Definitions. As used in this Act:

    "Administrator" means the Administrator of the United States Environmental Protection Agency.

    "Environment" means water, air, and land and the interrelationship that exists among and between water, air, land, and all living things.

    "Extremely hazardous substance" means the list of substances designated as extremely hazardous by the United States Environmental Protection Agency under 42 U.S.C. 11002(a), as now or hereafter amended.

    "Facility" means all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person (or by any person that controls, is controlled by, or under common control with, such person). For purposes of Section 304 of the Federal Act, the term includes motor vehicles, rolling stock, and aircraft.

    "Federal Act" means Title III of the Superfund Amendments and Reauthorization Act of 1986 (P.L. 99-499).

    "Hazardous chemical" means any hazardous chemical as defined under 29 U.S.C. 1910.1200, except that "hazardous chemical" does not include the following substances:

        (1) Any food, food additive, color additive, drug or

    cosmetic regulated by the U.S. Food and Drug Administration.

        (2) Any substance present as a solid in any

    manufactured item to the extent that exposure to the substance does not occur under normal conditions of use.

        (3) Any substance to the extent that it is used for

    personal, family, or household purposes, or is present in the form and concentration of a product packaged for distribution and use by the general public.

        (4) Any substance in a research laboratory or a

    hospital or other medical facility under the direct supervision of a technically qualified individual.

        (5) Any substance to the extent that it is used in

    routine agricultural operations, and any fertilizer held for sale by a retailer to the ultimate customer.

    "Hazardous substance" means a substance or mixture designated as hazardous by the United States Environmental Protection Agency under 42 U.S.C. 9601(14).

    "IEMA" means the Illinois Emergency Management Agency.

    "Local Emergency Planning Committee" or "LEPC" means the committee appointed by the SERC in accordance with Section 301(c) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 11001 et seq.).

    "Material Safety Data Sheet" or "MSDS" means a completed form recognized by the Occupational Safety and Health Administration, equivalent manufacturer's literature, or another form containing substantially the same information pertaining to a specific hazardous chemical or a mixture containing one or more hazardous chemicals.

    "Person" means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, federal government, or interstate body.

    "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles) of any hazardous chemical, extremely hazardous chemical, or toxic chemical.

    "Reportable quantity" is the quantity of an extremely hazardous substance or hazardous substance determined by USEPA under 42 U.S.C. 11002(a) and 42 U.S.C. 9602(a).

    "State Emergency Response Commission" or "SERC" means the Illinois Emergency Management Agency as appointed by the Governor in accordance with Section 301 of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 11001 et seq.) to carry out all State responsibilities required by this Act.

    "Threshold planning quantity" is the quantity of an extremely hazardous substance determined by USEPA under 42 U.S.C. 11002(a).

    "USEPA" means the United States Environmental Protection Agency.

(Source: P.A. 86-449; 87-168.)

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Last modified: February 18, 2015