Section 3040.1  Purpose and Scope (Repealed)

 

(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)

 

Section 3040.2  General Transportation Requirements (Repealed)

 

(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)

 

Section 3040.3  Hazardous Waste (Repealed)

 

(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)

 

Section 3040.4  Exemptions (Renumbered)

 

(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)

 

Section 3040.5  Agricultural Exception (Repealed)

 

(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)

 

Section 3040.6  Agricultural Exception (Renumbered)

 

(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)

 

Section 3040.7  Matter Incorporated by Reference (Repealed)

 

(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)

 

Section 3040.8  Definitions and Abbreviations (Repealed)

 

(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)

 

Section 3040.9  Rules of Construction (Repealed)

 

(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)

 

Section 3040.12  Import and Export Shipments (Repealed)

 

(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)

 

Section 3040.13  Imminent Hazard

 

No person may offer, accept, or transport a hazardous material in commerce by highway in Illinois, regardless of the quantity of hazardous material in the shipment or on the vehicle, if that material poses an imminent hazard as defined under 92 Ill. Adm. Code 107.1010.  The State Police are authorized to stop any vehicle that constitutes an imminent hazard.

 

(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)

 

Section 3040.14  Specification Markings (Repealed)

 

(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)

 

Section 3040.15   Incident Reporting Requirements (Repealed)

 

(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)

 

Section 3040.17  Special Permits

 

a)         No person may offer or accept a hazardous material for transportation in commerce if that hazardous material is subject to the provisions of a special permit issued by United States Department of Transportation (U.S. DOT) (49 CFR 107) unless the material is offered and accepted in accordance with the terms and conditions of the special permit or this Part.

 

b)         No person may transport a hazardous material in commerce if that hazardous material is subject to the provisions of a special permit issued by U.S. DOT unless the material is transported in accordance with the terms and conditions of the special permit or this Part.

 

c)         Special permits governing packages or containers of hazardous materials are subject to the following conditions:

 

1)         The outside of each package must be plainly and durably marked "DOT-SP" followed by the number assigned;

 

2)         Each shipping paper issued in connection with a shipment made under a special permit must, in association with the entries required by 49 CFR 172.203, bear the notation "DOT-SP" followed by the number assigned; and

 

3)         When a special permit issued to a shipper contains special carrier requirements, the shipper shall furnish a copy of the special permit to the carrier before or at the time a shipment is tendered.

 

(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)

 

Section 3040.18  Continuation of Effectiveness of Existing Bureau of Explosives Registrations (Repealed)

 

(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)

 

Section 3040.19  Approvals or Authorizations Issued by the Bureau of Explosives (Repealed)

 

(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)

 

Section 3040.21  Retailer Exception

 

AGENCY NOTE:  See 49 CFR 173.6 that is incorporated by reference at Section 173.3000 pertaining to Materials of Trade Exemption.

 

(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)

 

Section 3040.22  Agricultural Exceptions

 

a)         This Subchapter c does not apply to the transportation of an agricultural product (as defined in 49 CFR 171.8), other than Class 2 material, by a farmer as a private intrastate carrier over local roads between fields of the same farm in approved containers and in the amounts and manner specified in 49 CFR 173.5(b)(2) and (4).

 

b)         Transportation of a Class 2 agricultural product by a farmer as a private intrastate carrier over local roads between fields of the same farm in approved containers and in the amounts and manner specified in 49 CFR 173.5(b)(2) and (4) are excepted from the requirements of subparts G and H of 49 CFR 172.

 

c)         Transportation of an agricultural product to or from a farm, within 150 miles of the farm, in approved containers and conforming to 49 CFR 173.5(b)(1), (2) and (4) are excepted from the requirements in subparts G and H of 49 CFR 172.

 

d)         The following federal regulations may allow additional agricultural exceptions:

 

1)         49 CFR 173.5(c) pertaining to specification packagings used for aerial application of formulated liquid agricultural products.

 

2)         49 CFR 173.315(m) pertaining to nurse tanks of anhydrous ammonia.

 

3)         49 CFR 173.6 pertaining to materials of trade.

 

(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)

 

Section 3040.1000  Incorporation by Reference of 49 CFR 171

 

a)         As Part 171 of the Illinois Hazardous Materials Transportation Regulations, the Department incorporates the following sections of 49 CFR 171 by reference, as those sections of the federal hazardous materials transportation regulations were in effect on October 1, 2017, subject only to the exceptions in subsection (b) of this Section.  No later amendments to or editions of those sections of 49 CFR 171 are incorporated.

 

171.1	Applicability of Hazardous Materials Regulations (HMR) to persons and functions
171.2	General Requirements
171.3	Hazardous Waste
171.4	Marine Pollutants
171.7	Reference Material
171.8	Definitions and Abbreviations
171.9	Rules of Construction
171.10	Units of Measure
171.12	Import and Export Shipments
171.15	Immediate Notice of Certain Hazardous Materials Incidents
171.16	Detailed Hazardous Materials Incident Reports
171.19	Approvals or Authorizations Issued by the Bureau of Explosives
171.20	Submission of Examination Reports
171.21	Assistance in Investigations and Special Studies
171.22	Authorization and Condition for the Use of International Standards and Regulations
171.23	Requirements for Specific Materials and Packagings Transported Under the ICAO Technical Instructions, IMDG Code, Transport Canada TDG Regulations, or the IAEA Regulations
171.24	Additional Requirements for the Use of ICAO Technical Instructions
171.25	Additional Requirements for the Use of the IMDG Code
171.26	Additional Requirements for the Use of the IAEA Regulations

 

b)         The following interpretations of, additions to, and deletions from the above incorporated sections of 49 CFR 171 shall apply for purposes of this Part.

 

1)         All references to "this part" in the incorporated federal regulations shall mean this Part 171 of the Illinois Hazardous Materials Transportation Regulations.

 

2)         All references to "this chapter" or "this subchapter" in the incorporated federal regulations shall mean 92 Ill. Adm. Code:  Chapter I, Subchapter c.

 

3)         All references to a section of the regulations in the incorporated federal regulations shall be read to refer to that Section in the Illinois Hazardous Materials Transportation Regulations.

 

4)         All references to part 174, 175, or 176, or to sections in those parts, shall be read to refer to that part or sections in the federal regulations.

 

5)         All references to shipments of hazardous materials by air, water, and rail are incorporated for reference purposes only for those persons contemplating intermodal movements of hazardous materials.

 

6)         All references to "these regulations" or the Hazardous Materials Regulations (HMR) in the incorporated federal regulations shall be read to refer to the Illinois Hazardous Materials Transportation Regulations.

 

7)         All references to a "settlement agreement" in these regulations means a written understanding between the Department and the person being charged.

 

8)         49 CFR 171.1(f)(3) is not incorporated by reference and is replaced by the following:

 

Preemption determination procedures are in subpart C of 49 CFR 107.

 

9)         49 CFR 171.1(g) is not incorporated by reference and is replaced by the following:

 

Each person who knowingly violates a requirement of the federal hazardous materials transportation law, an order issued under the federal hazardous materials transportation law, subchapter A of Chapter I of 49 CFR, a special permit or approval issued under subchapter A or C of Chapter I of 49 CFR, or the Illinois Hazardous Materials Transportation Regulations is liable for penalties established and set forth in 92 Ill. Adm. Code 107.1190 and 107.1390.

 

10)         All references to approvals, exemptions, special permits, or registration referred to in 49 CFR 171.2 shall be read to refer to the federal hazardous materials regulations.

 

c)       Copies of the materials incorporated by reference are available for inspection at the Illinois Department of Transportation, 2300 S. Dirksen Parkway, Springfield IL 62764 or online via the U.S. Government Publishing Office at http://www.ecfr.gov.

 

(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)