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(A) Definitions. As used in this section:
"Department of business affairs and consumer protection" means the department of business affairs and consumer protection of the City of Chicago.
"Department of health" means the department of health of the City of Chicago.
"Federal Act" means Title III of the Superfund Amendments and Reauthorization Act of 1986, codified at 42 U.S.C. 11001, et seq., as amended.
"Hazardous chemical" has the meaning ascribed to the term in Section 3 of the State Act.
"Local emergency planning committee" or "L.E.P.C." means the committee appointed by the State Emergency Response Commission in accordance with Section 301(c) of the Federal Act.
"Local fire department" means the fire department with jurisdiction over the facility.
"Office of emergency management and communications" means the office of emergency management and communications of the City of Chicago.
"Material safety data sheet" means the sheet required to be developed under 29 C.F.R. 1910.1200(g).
"State Act" means the Illinois Emergency Planning and Community Right To Know Act, codified at 430 ILCS 100/1, et al., as amended.
"Subject to the requirements of Section 12 of the Illinois Emergency Planning and Community Right To Know Act" means any owner or operator of a facility who is required under Section 12 of the State Act to prepare and submit an emergency and hazardous chemical inventory form containing either tier I or tier II data with respect to the preceding calendar year.
"Tier II information" means information meeting the requirements of subsections (e) and (f) of Section 12 of the State Act.
(B) Hazardous chemical inventory form and diagram – Required. If the owner or operator of a facility located within the corporate limits of the City of Chicago is subject to the requirements of Section 12 of the Illinois Emergency Planning and Community Right To Know Act ("the State Act"), as defined in subsection (A) of this section, such owner or operator shall submit the following documents to the local emergency planning committee ("L.E.P.C.") and local fire department:
(1) an emergency and hazardous chemical inventory form containing tier II information for each hazardous chemical present at the facility during the preceding calendar year, if such chemical was present at the facility in an amount that equals or exceeds the threshold level for reporting as established by regulations promulgated under Title III of the Superfund Amendments and Reauthorization Act of 1986 ("the Federal Act"); and
(2) an emergency preparedness diagram of the facility.
(C) Inventory form – Contents and requirements. The emergency and hazardous chemical inventory form required by item (1) of subsection (B) of this section shall be the tier II inventory form promulgated by:
(1) the United States Environmental Protection Agency for use in meeting the requirements of Section 312 of the Federal Act, or
(2) the Illinois Emergency Management Agency for use in meeting the requirements of the State Act.
Such inventory form shall be completed in full, except to the extent that the owner or operator of the facility is authorized under Section 322 of the Federal Act or Section 13 of the State Act to withhold information for trade secret protection, and shall be submitted annually, along with the required diagram, by March 1. Provided, however, that if the Illinois Emergency Management Agency extends the annual tier II filing deadline under the State Act to a later date, the filing date for the inventory form required by this subsection shall also be extended to such later date.
(D) Change of information – Inventory update required. If a previously unreported hazardous chemical becomes present at a facility in an amount that equals or exceeds the threshold level for reporting as established by regulations promulgated under Title III of the Federal Act, the owner or operator of such facility shall file with the L.E.P.C. and local fire department, no later than 60 calendar days after the occurrence of such event, a facility inventory update for such hazardous chemical. Such update shall be filed using the tier II inventory form required by subsection (C) of this section.
(E) Diagram – Contents and requirements. The emergency preparedness diagram required by item (2) of subsection (B) of this section shall:
(1) be drawn to scale;
(2) identify (i) the location(s) at the facility of all hazardous chemicals for which a material safety data sheet is required under the Occupational Safety and Health Act of 1970, as amended; (ii) the location(s) where the facility's on-site emergency response equipment is stored; and (iii) the location(s) where the facility's material safety data sheet(s) is stored; and
(3) be submitted annually to the L.E.P.C. and local fire department, along with the required tier II inventory form, by March 1. Provided, however, that if the Illinois Emergency Management Agency extends the annual tier II filing deadline under the State Act to a later date, the filing date for the inventory form required by this subsection shall also be extended to such later date.
The contents of the emergency preparedness diagram required by subsections (B) and (E) of this section shall be kept current. If there is a change in any information required by item (2) of this subsection, the owner or operator of the facility shall, no later than 60 calendar days after such change, submit to the L.E.P.C. and local fire department a new diagram meeting the requirements of item (2) of this subsection.
(F) Penalty for violation. In addition to any other penalty provided by law, any person who violates the requirements of this section shall be fined not less than $350 nor more than $500 for each offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.
(G) Enforcement. The commissioner of health, the fire commissioner, the executive director of emergency management and communications, the commissioner of business affairs and consumer protection and their respective designees are authorized: (1) to inspect, at reasonable hours or in case of an emergency, any facility subject to the requirements of Section 12 of the Illinois Emergency Planning and Community Right To Know Act for the purpose of determining compliance with the requirements of this section; and (2) to examine the applicable books and records of any person subject to the requirements of Section 12 of the Illinois Emergency Planning and Community Right To Know Act in order to corroborate the quantities of hazardous chemicals reported or required to be reported under Section 11-4-1200 by the owner or operator of the facility; and (3) to jointly promulgate rules and regulations necessary to implement this section.
(Added Coun. J. 1-9-08, p. 18610, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 11-19-14, p. 98037, § 14; Amend Coun. J. 10-27-21, p. 40504, Art. II, § 8)
Editor's note – Coun. J. 7-26-06, p. 81473, § 1, repealed former § 11-4-1200, which pertained to manufacturing districts restricted.
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