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| 1 | AN ACT concerning public health.
| ||||||||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
| 3 | represented in the General Assembly:
| ||||||||||||||||||||||||
| 4 | Section 5. The Lead Poisoning Prevention Act is amended by | ||||||||||||||||||||||||
| 5 | changing Sections 2, 3, 5, 6, 6.01, 6.1, 6.2, 6.3, 7, 7.1, 7.2, | ||||||||||||||||||||||||
| 6 | 8, 8.1, 9, 9.1, 9.4, 10, 11, 11.05, 11.1, 13, and 14 and by | ||||||||||||||||||||||||
| 7 | adding Sections 8.3 and 12.2 as follows:
| ||||||||||||||||||||||||
| 8 | (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
| ||||||||||||||||||||||||
| 9 | Sec. 2. Definitions. As used in this Act:
| ||||||||||||||||||||||||
| 10 | "Abatement" means the removal or encapsulation of all | ||||||||||||||||||||||||
| 11 | leadbearing
substances in a residential building or dwelling | ||||||||||||||||||||||||
| 12 | unit.
| ||||||||||||||||||||||||
| 13 | "Child care facility" means any structure used by a child | ||||||||||||||||||||||||
| 14 | care
provider licensed by the Department of Children and Family | ||||||||||||||||||||||||
| 15 | Services or
public school structure frequented by children | ||||||||||||||||||||||||
| 16 | through 6 years of
age or younger.
| ||||||||||||||||||||||||
| 17 | "Childhood Lead Risk Questionnaire" means the | ||||||||||||||||||||||||
| 18 | questionnaire developed by the Department for use by physicians | ||||||||||||||||||||||||
| 19 | and other health care providers to determine risk factors for | ||||||||||||||||||||||||
| 20 | children 6 years of age or younger residing in areas designated | ||||||||||||||||||||||||
| 21 | as low risk for lead exposure. | ||||||||||||||||||||||||
| 22 | "Child-occupied facility" means a structure or portion of a | ||||||||||||||||||||||||
| 23 | structure constructed prior to 1978 and visited regularly by | ||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | children 6 years of age or younger. | ||||||
| 2 | "Delegate agency" means a unit of local government or | ||||||
| 3 | health
department approved by the Department to carry out the | ||||||
| 4 | provisions of this Act.
| ||||||
| 5 | "Department" means the Department of Public Health of the | ||||||
| 6 | State of
Illinois.
| ||||||
| 7 | "Director" means the Director of Public Health. | ||||||
| 8 | "Dwelling" means any structure all or part of which is | ||||||
| 9 | designed or
used for human habitation.
| ||||||
| 10 | "Elevated blood lead level" means a blood lead level in | ||||||
| 11 | excess of those considered safe under State and federal rules. | ||||||
| 12 | "High risk area" means an area in the State determined by | ||||||
| 13 | the Department to
be high risk for lead exposure for children | ||||||
| 14 | through 6 years of age or younger. The
Department shall | ||||||
| 15 | consider, but not be limited to, the following factors to
| ||||||
| 16 | determine a high risk area: age and condition (using Department | ||||||
| 17 | of Housing and
Urban
Development definitions of "slum" and | ||||||
| 18 | "blighted") of housing, proximity to
highway traffic or heavy | ||||||
| 19 | local traffic or both, percentage of housing
determined as | ||||||
| 20 | rental or vacant, proximity to industry using lead, established
| ||||||
| 21 | incidence of elevated blood lead levels in children, percentage | ||||||
| 22 | of population
living
below 200% of federal poverty guidelines, | ||||||
| 23 | and number of children residing in
the area who are 6 years of | ||||||
| 24 | age or younger.
| ||||||
| 25 | "Exposed surface" means any interior or exterior surface of | ||||||
| 26 | a regulated facility dwelling or
residential building.
| ||||||
| |||||||
| |||||||
| 1 | "Lead abatement" means any approved work practices that | ||||||
| 2 | will permanently eliminate lead exposure or remove the | ||||||
| 3 | lead-bearing substances in a regulated facility. The | ||||||
| 4 | Department shall establish by rule which work practices are | ||||||
| 5 | approved or prohibited for lead abatement. | ||||||
| 6 | "Lead abatement contractor" means any person or entity | ||||||
| 7 | licensed by the
Department to perform lead abatement and | ||||||
| 8 | mitigation.
| ||||||
| 9 | "Lead abatement supervisor" means any person employed by a | ||||||
| 10 | lead abatement contractor and licensed by the Department to | ||||||
| 11 | perform lead abatement and lead mitigation and to supervise | ||||||
| 12 | lead workers who perform lead abatement and lead mitigation. | ||||||
| 13 | "Lead abatement worker" means any person employed by a lead | ||||||
| 14 | abatement
contractor and licensed by the Department to perform | ||||||
| 15 | lead abatement and
mitigation.
| ||||||
| 16 | "Lead activities" means the conduct of any lead services, | ||||||
| 17 | including renovation, lead inspection, lead risk assessment, | ||||||
| 18 | lead mitigation, or lead abatement work or supervision in a | ||||||
| 19 | regulated facility. | ||||||
| 20 | "Lead bearing substance" means any item containing or | ||||||
| 21 | coated with lead such that the lead content is more than | ||||||
| 22 | six-hundredths of one percent (0.06%) lead by total weight; or | ||||||
| 23 | any dust on surfaces or in
furniture or other nonpermanent | ||||||
| 24 | elements of the regulated facility dwelling; or any paint or
| ||||||
| 25 | other surface coating material containing more than | ||||||
| 26 | five-tenths of one
percent (0.5%) lead by total weight | ||||||
| |||||||
| |||||||
| 1 | (calculated as lead metal) in the total
non-volatile content of | ||||||
| 2 | liquid paint; or lead bearing substances containing
greater | ||||||
| 3 | than one milligram per square centimeter or any lower standard | ||||||
| 4 | for
lead content in residential paint as may be established by | ||||||
| 5 | federal law or rule
regulation; or more than 1 milligram per | ||||||
| 6 | square centimeter in the dried
film of paint or previously | ||||||
| 7 | applied substance; or item or dust on item containing lead in
| ||||||
| 8 | excess of the amount specified in the rules and regulations | ||||||
| 9 | authorized by
this Act or a lower standard for lead content as | ||||||
| 10 | may be established by
federal law or rule regulation. "Lead | ||||||
| 11 | bearing substance" does not include firearm ammunition or | ||||||
| 12 | components as defined by the Firearm Owners Identification Card | ||||||
| 13 | Act.
| ||||||
| 14 | "Lead hazard" means a lead bearing substance that poses an
| ||||||
| 15 | immediate health hazard to humans.
| ||||||
| 16 | "Lead hazard screen" means a lead risk assessment that | ||||||
| 17 | involves limited dust and paint sampling for lead bearing | ||||||
| 18 | substances and lead hazards. This service is used as a | ||||||
| 19 | screening tool designed to determine if further lead | ||||||
| 20 | investigative services are required for the regulated | ||||||
| 21 | facility. | ||||||
| 22 | "Lead inspection" means a surface-by-surface investigation | ||||||
| 23 | to determine the presence of lead-based paint. | ||||||
| 24 | "Lead inspector" means an individual who has been trained | ||||||
| 25 | by a Department-approved training program and is licensed by | ||||||
| 26 | the Department to conduct lead inspections; to sample for the | ||||||
| |||||||
| |||||||
| 1 | presence of lead in paint, dust, soil, and water; and to | ||||||
| 2 | conduct compliance investigations. | ||||||
| 3 | "Lead poisoning" means the condition of having blood lead | ||||||
| 4 | levels in
excess of those considered safe under State and | ||||||
| 5 | federal rules and regulations.
| ||||||
| 6 | "Low risk area" means an area in the State determined by | ||||||
| 7 | the Department to
be low risk for lead exposure for children | ||||||
| 8 | through 6 years of age or younger. The
Department shall | ||||||
| 9 | consider the factors named in "high risk area" to determine
low | ||||||
| 10 | risk areas.
| ||||||
| 11 | "Lead risk assessor" means an individual who has been | ||||||
| 12 | trained by a Department-approved training program and is | ||||||
| 13 | licensed by the Department to conduct lead risk assessments, | ||||||
| 14 | lead inspections, and lead hazard screens; to sample for the | ||||||
| 15 | presence of lead in paint, dust, soil, water, and sources for | ||||||
| 16 | lead bearing substances; and to conduct compliance | ||||||
| 17 | investigations. | ||||||
| 18 | "Lead risk assessment" means an on-site investigation to | ||||||
| 19 | determine the existence, nature, severity, and location of lead | ||||||
| 20 | hazards. "Lead risk assessment" includes any lead sampling and | ||||||
| 21 | visual assessment associated with conducting a lead risk | ||||||
| 22 | assessment and lead hazard screen and all lead sampling | ||||||
| 23 | associated with compliance investigations. | ||||||
| 24 | "Lead training program provider" means any person | ||||||
| 25 | providing lead training in Illinois to individuals seeking | ||||||
| 26 | licensure in accordance with the Act. | ||||||
| |||||||
| |||||||
| 1 | "Lead mitigation" "Mitigation" means the remediation, in a | ||||||
| 2 | manner described in Section 9,
of a lead hazard so that the | ||||||
| 3 | lead bearing substance does not pose an
immediate health hazard | ||||||
| 4 | to humans.
| ||||||
| 5 | "Owner" means any person, who alone, jointly, or severally | ||||||
| 6 | with
others:
| ||||||
| 7 | (a) Has legal title to any regulated facility dwelling | ||||||
| 8 | or residential building, with or
without accompanying | ||||||
| 9 | actual possession of the regulated facility dwelling or | ||||||
| 10 | residential
building, or
| ||||||
| 11 | (b) Has charge, care, or control of the regulated | ||||||
| 12 | facility dwelling or residential
building as owner or agent | ||||||
| 13 | of the owner, or as executor, administrator,
trustee, or | ||||||
| 14 | guardian of the estate of the owner.
| ||||||
| 15 | "Person" means any individual, partnership, firm, company, | ||||||
| 16 | limited liability company, corporation, association, joint | ||||||
| 17 | stock company, trust, estate, political subdivision, State | ||||||
| 18 | agency, or any other legal entity, or their legal | ||||||
| 19 | representative, agent, or assign one or more natural persons, | ||||||
| 20 | legal entities,
governmental bodies, or any combination.
| ||||||
| 21 | "Regulated facility" means a residential building, child | ||||||
| 22 | care facility, or child-occupied facility. | ||||||
| 23 | "Residential building" means any room, group of rooms, or | ||||||
| 24 | other
interior areas of a structure designed or used for human | ||||||
| 25 | habitation; common
areas accessible by inhabitants; and the | ||||||
| 26 | surrounding property or structures.
| ||||||
| |||||||
| |||||||
| 1 | "Risk assessment" means a questionnaire to be developed by | ||||||
| 2 | the Department
for use by physicians and other health care | ||||||
| 3 | providers to determine risk factors
for children through 6 | ||||||
| 4 | years of age residing in areas designated as low risk
for lead | ||||||
| 5 | exposure.
| ||||||
| 6 | (Source: P.A. 94-879, eff. 6-20-06.)
| ||||||
| 7 | (410 ILCS 45/3) (from Ch. 111 1/2, par. 1303)
| ||||||
| 8 | Sec. 3. Lead bearing substance use. No person shall use or | ||||||
| 9 | apply
lead bearing substances:
| ||||||
| 10 | (a) In or upon any exposed surface of a regulated facility | ||||||
| 11 | dwelling or dwelling unit;
| ||||||
| 12 | (b) (Blank) In or around the exposed surfaces of a child | ||||||
| 13 | care facility or
other structure frequented by children;
| ||||||
| 14 | (c) In or upon any fixtures or other objects used, | ||||||
| 15 | installed, or located
in or upon any exposed surface of a | ||||||
| 16 | regulated facility dwelling or residential building,
or child | ||||||
| 17 | care facility, or intended
to be so used, installed, or located | ||||||
| 18 | and that, in the ordinary course of
use, are accessible to or | ||||||
| 19 | chewable by children;
| ||||||
| 20 | (d) In or upon any items, including, but not limited to, | ||||||
| 21 | clothing, accessories, jewelry, decorative objects, edible | ||||||
| 22 | items, candy, food, dietary supplements, toys, furniture, or | ||||||
| 23 | other articles used by or intended to be
chewable by children;
| ||||||
| 24 | (e) Within or upon a regulated facility residential | ||||||
| 25 | building or dwelling, child care
facility, school, playground, | ||||||
| |||||||
| |||||||
| 1 | park, or recreational
area, or other areas regularly frequented | ||||||
| 2 | by children.
| ||||||
| 3 | (Source: P.A. 94-879, eff. 6-20-06.)
| ||||||
| 4 | (410 ILCS 45/5) (from Ch. 111 1/2, par. 1305)
| ||||||
| 5 | Sec. 5. Sale of objects containing lead bearing substance. | ||||||
| 6 | No person
shall sell or transfer or offer for sale or transfer | ||||||
| 7 | any fixtures or other
objects intended to be used, installed, | ||||||
| 8 | or located in or upon any surface
of a regulated facility | ||||||
| 9 | dwelling or residential building, or child care facility, that
| ||||||
| 10 | contains a lead bearing substance and that, in the ordinary | ||||||
| 11 | course of use,
are accessible to or chewable by children.
| ||||||
| 12 | (Source: P.A. 94-879, eff. 6-20-06.)
| ||||||
| 13 | (410 ILCS 45/6) (from Ch. 111 1/2, par. 1306)
| ||||||
| 14 | Sec. 6. Warning statement. | ||||||
| 15 | (a) Definitions. As used in this Section: | ||||||
| 16 | "Body piercing jewelry" means any part of jewelry that is
| ||||||
| 17 | manufactured or sold for placement in a new piercing or a | ||||||
| 18 | mucous
membrane, but does not include any part of that jewelry | ||||||
| 19 | that is not
placed within a new piercing or a mucous membrane. | ||||||
| 20 | "Children's jewelry" means jewelry that is made for, | ||||||
| 21 | marketed for use by, or marketed to children under the age of | ||||||
| 22 | 12 and includes jewelry that meets any of the following | ||||||
| 23 | conditions: | ||||||
| 24 | (1) represented in its packaging, display, or | ||||||
| |||||||
| |||||||
| 1 | advertising as appropriate for use by children under the | ||||||
| 2 | age of 12; | ||||||
| 3 | (2) sold in conjunction with, attached to, or packaged | ||||||
| 4 | together with other products that are packaged, displayed, | ||||||
| 5 | or advertised as appropriate for use by children under the | ||||||
| 6 | age of 12; | ||||||
| 7 | (3) sized for children and not intended for use by | ||||||
| 8 | adults; or | ||||||
| 9 | (4) sold in any of the following places: a vending | ||||||
| 10 | machine; a retail store, catalogue, or online Web site in | ||||||
| 11 | which a person exclusively offers for sale products that | ||||||
| 12 | are packaged, displayed, or advertised as appropriate for | ||||||
| 13 | use by children; or a discrete portion of a retail store, | ||||||
| 14 | catalogue, or online Web site in which a person offers for | ||||||
| 15 | sale products that are packaged, displayed or advertised as | ||||||
| 16 | appropriate for use by children. | ||||||
| 17 | "Child care article" means an item that is designed or | ||||||
| 18 | intended by the manufacturer to facilitate the sleep, | ||||||
| 19 | relaxation, or feeding of children under the age of 6 years of | ||||||
| 20 | age or younger or to help with children under the age of 6 | ||||||
| 21 | years of age or younger who are sucking or teething. An item | ||||||
| 22 | meets this definition if it is (i) designed or intended to be | ||||||
| 23 | used directly in the mouth by the child or (ii) is used to | ||||||
| 24 | facilitate sleep, relaxation, or feeding of children under the | ||||||
| 25 | age of 6 years of age or younger or help with children under | ||||||
| 26 | the age of 6 years of age or younger who are sucking or | ||||||
| |||||||
| |||||||
| 1 | teething and, because of its proximity to the child, is likely | ||||||
| 2 | to be mouthed, chewed, sucked, or licked. | ||||||
| 3 | "Jewelry" means any of the following ornaments worn by a | ||||||
| 4 | person: | ||||||
| 5 | (A) Ankle bracelet. | ||||||
| 6 | (B) Arm cuff. | ||||||
| 7 | (C) Bracelet. | ||||||
| 8 | (D) Brooch. | ||||||
| 9 | (E) Chain. | ||||||
| 10 | (F) Crown. | ||||||
| 11 | (G) Cuff link. | ||||||
| 12 | (H) Hair accessory. | ||||||
| 13 | (I) Earring. | ||||||
| 14 | (J) Necklace. | ||||||
| 15 | (K) Decorative pin. | ||||||
| 16 | (L) Ring. | ||||||
| 17 | (M) Body piercing jewelry. | ||||||
| 18 | (N) Jewelry placed in the mouth for display or | ||||||
| 19 | ornament. | ||||||
| 20 | (O) Any charm, bead, chain, link, pendant, or other | ||||||
| 21 | component of the items listed in this definition. | ||||||
| 22 | (P) A charm, bead, chain, link, pendant, or other | ||||||
| 23 | attachment to
shoes or clothing that can be removed and may | ||||||
| 24 | be used as a component
of an item listed in this | ||||||
| 25 | definition. | ||||||
| 26 | (Q) A watch in which a timepiece is a component of an | ||||||
| |||||||
| |||||||
| 1 | item
listed in this definition, excluding the timepiece | ||||||
| 2 | itself if the
timepiece can be removed from the ornament. | ||||||
| 3 | "Toy containing paint" means a toy with an accessible | ||||||
| 4 | component containing any external coating, including, but not | ||||||
| 5 | limited to, paint, ink, lacquer, or screen printing, designed | ||||||
| 6 | for or intended for use by children under the age of 12 at | ||||||
| 7 | play. For the purposes of this Section, "toy" is any object | ||||||
| 8 | designed, manufactured, or marketed as a plaything for children | ||||||
| 9 | under the age of 12 and is excluded from the definitions of | ||||||
| 10 | "child care article" and "jewelry". In determining whether a | ||||||
| 11 | toy containing paint is designed for or intended for use by | ||||||
| 12 | children under the age of 12, the following factors shall be | ||||||
| 13 | considered: | ||||||
| 14 | (i) a statement by a manufacturer about the intended | ||||||
| 15 | use of the product, including a label on the product, if | ||||||
| 16 | such statement is reasonable; | ||||||
| 17 | (ii) whether the product is represented in its | ||||||
| 18 | packaging, display, promotion, or advertising as | ||||||
| 19 | appropriate for children under the age of 12; and | ||||||
| 20 | (iii) whether the product is commonly recognized by | ||||||
| 21 | consumers as being intended for use by a child under the | ||||||
| 22 | age of 12. | ||||||
| 23 | (b) Children's products. Effective January 1, 2010, no | ||||||
| 24 | person, firm, or corporation shall sell, have, offer for sale, | ||||||
| 25 | or transfer the items listed in this Section that contain a | ||||||
| 26 | total lead content in any component part of the item that is | ||||||
| |||||||
| |||||||
| 1 | more than 0.004% (40 parts per million) but less than 0.06% | ||||||
| 2 | (600 parts per million) by total weight or a lower standard for | ||||||
| 3 | lead content as may be established by federal or State law or | ||||||
| 4 | rule regulation unless that item bears a warning statement that | ||||||
| 5 | indicates that at least one component part of the item contains | ||||||
| 6 | lead. | ||||||
| 7 | The warning statement for items covered under this | ||||||
| 8 | subsection (b) shall contain at least the following: "WARNING: | ||||||
| 9 | CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. COMPLIES WITH | ||||||
| 10 | FEDERAL STANDARDS.". | ||||||
| 11 | An entity is in compliance with this subsection (b) if the | ||||||
| 12 | warning statement is provided on the children's product or on | ||||||
| 13 | the label on the immediate container of the children's product.
| ||||||
| 14 | This subsection (b) does not apply to any product for which | ||||||
| 15 | federal law governs warning in a manner that preempts State | ||||||
| 16 | authority. | ||||||
| 17 | The warning statement required under this subsection (b) is | ||||||
| 18 | not required if the component parts of the item containing lead | ||||||
| 19 | are inaccessible to a child through normal and reasonably | ||||||
| 20 | foreseeable use and abuse as defined by the United States | ||||||
| 21 | Consumer Product Safety Commission. | ||||||
| 22 | The warning statement required under this subsection (b) is | ||||||
| 23 | not required if the component parts in question are exempt from | ||||||
| 24 | third-party testing as determined by the United States Consumer | ||||||
| 25 | Product Safety Commission. | ||||||
| 26 | (c) Other lead bearing substance. No person, firm, or | ||||||
| |||||||
| |||||||
| 1 | corporation shall have,
offer for sale, sell, or give away any | ||||||
| 2 | lead bearing substance that may be
used by the general public, | ||||||
| 3 | except as otherwise provided in subsection (b) of this Section, | ||||||
| 4 | unless it bears the warning statement as
prescribed by federal | ||||||
| 5 | rule regulation. (i) If no rule regulation is prescribed, the
| ||||||
| 6 | warning statement shall be as follows when the lead bearing | ||||||
| 7 | substance is a lead-based paint or surface coating: | ||||||
| 8 | "WARNING--CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. See | ||||||
| 9 | Other Cautions on
(Side or Back) Panel. Do not apply on toys, | ||||||
| 10 | or other children's articles,
furniture, or interior, or | ||||||
| 11 | exterior exposed surfaces of any residential
building or | ||||||
| 12 | facility that may be occupied or used by children. KEEP OUT OF
| ||||||
| 13 | THE REACH OF CHILDREN.". (ii) If no rule regulation is | ||||||
| 14 | prescribed, the warning statement shall be as follows when the | ||||||
| 15 | lead bearing substance contains lead-based paint or a form of | ||||||
| 16 | lead other than lead-based paint: "WARNING CONTAINS LEAD. MAY | ||||||
| 17 | BE HARMFUL IF EATEN OR CHEWED. MAY GENERATE DUST CONTAINING | ||||||
| 18 | LEAD. KEEP OUT OF THE REACH OF CHILDREN.".
| ||||||
| 19 | For the purposes of this subsection (c), the generic term | ||||||
| 20 | of a product, such as "paint" may be substituted
for the word | ||||||
| 21 | "substance" in the above labeling.
| ||||||
| 22 | (d) The warning statements on items covered in subsections | ||||||
| 23 | (a), (b), and (c) of this Section shall be in accordance with, | ||||||
| 24 | or substantially similar to, the following: | ||||||
| 25 | (1) the statement shall be located in a prominent place | ||||||
| 26 | on the item or package such that consumers are likely to | ||||||
| |||||||
| |||||||
| 1 | see the statement when it is examined under retail | ||||||
| 2 | conditions; | ||||||
| 3 | (2) the statement shall be conspicuous and not obscured | ||||||
| 4 | by other written matter; | ||||||
| 5 | (3) the statement shall be legible; and | ||||||
| 6 | (4) the statement shall contrast with the typography, | ||||||
| 7 | layout and color of the other printed matter. | ||||||
| 8 | Compliance with 16 C.F.R. 1500.121 adopted under the | ||||||
| 9 | Federal Hazardous Substances Act constitutes compliance with | ||||||
| 10 | this subsection (d). | ||||||
| 11 | (e) The manufacturer or importer of record shall be | ||||||
| 12 | responsible for compliance with this Section. | ||||||
| 13 | (f) Subsection (c) of this Section does not apply to any | ||||||
| 14 | component part of a consumer electronic product, including, but | ||||||
| 15 | not limited to, personal computers, audio and video equipment, | ||||||
| 16 | calculators, wireless phones, game consoles, and handheld | ||||||
| 17 | devices incorporating a video screen used to access interactive | ||||||
| 18 | software and their associated peripherals, that is not | ||||||
| 19 | accessible to a child through normal and reasonably foreseeable | ||||||
| 20 | use of the product. A component part is not accessible under | ||||||
| 21 | this subsection (f) if the component part is not physically | ||||||
| 22 | exposed by reason of a sealed covering or casing and does not | ||||||
| 23 | become physically exposed through reasonably foreseeable use | ||||||
| 24 | and abuse of the product. Paint, coatings, and electroplating, | ||||||
| 25 | singularly or in any combination, are not sufficient to | ||||||
| 26 | constitute a sealed covering or casing for purposes of this | ||||||
| |||||||
| |||||||
| 1 | Section. Coatings and electroplating are sufficient to | ||||||
| 2 | constitute a sealed covering for connectors, power cords, USB | ||||||
| 3 | cables, or other similar devices or components used in consumer | ||||||
| 4 | electronics products.
| ||||||
| 5 | (Source: P.A. 97-612, eff. 1-1-12.)
| ||||||
| 6 | (410 ILCS 45/6.01)
| ||||||
| 7 | Sec. 6.01. Warning statement where supplies sold. | ||||||
| 8 | (a) Any retailer, store, or commercial establishment that | ||||||
| 9 | offers paint or other supplies intended for the removal of | ||||||
| 10 | paint shall display, in a prominent and easily visible | ||||||
| 11 | location, a poster containing, at a minimum, the following: | ||||||
| 12 | (1) a statement that dry sanding and dry scraping of | ||||||
| 13 | paint in regulated facilities dwellings built before 1978 | ||||||
| 14 | is dangerous; | ||||||
| 15 | (2) a statement that the improper removal of old paint | ||||||
| 16 | is a significant source of lead dust and the primary cause | ||||||
| 17 | of lead poisoning; and | ||||||
| 18 | (3) contact information where consumers can obtain | ||||||
| 19 | more information. | ||||||
| 20 | (b) The Department shall provide sample posters and | ||||||
| 21 | brochures that commercial establishments may use. The | ||||||
| 22 | Department shall make these posters and brochures available in | ||||||
| 23 | hard copy and via download from the Department's Internet | ||||||
| 24 | website. | ||||||
| 25 | (c) A commercial establishment shall be deemed to be in | ||||||
| |||||||
| |||||||
| 1 | compliance with this Section if the commercial establishment | ||||||
| 2 | displays lead poisoning prevention posters or provides | ||||||
| 3 | brochures to its customers that meet the minimum requirements | ||||||
| 4 | of this Section but come from a source other than the | ||||||
| 5 | Department.
| ||||||
| 6 | (Source: P.A. 94-879, eff. 6-20-06.)
| ||||||
| 7 | (410 ILCS 45/6.1) (from Ch. 111 1/2, par. 1306.1)
| ||||||
| 8 | Sec. 6.1. Removal of leaded soil. The Department shall, in | ||||||
| 9 | consultation
with the Illinois Environmental Protection Agency | ||||||
| 10 | IEPA, specify safety guidelines for workers undertaking | ||||||
| 11 | removal or
covering of leaded soil. Soil inspection | ||||||
| 12 | requirements shall apply to
inspection of regulated | ||||||
| 13 | residential buildings or child care facilities subject to the
| ||||||
| 14 | requirements of this Section.
| ||||||
| 15 | (Source: P.A. 87-175.)
| ||||||
| 16 | (410 ILCS 45/6.2) (from Ch. 111 1/2, par. 1306.2)
| ||||||
| 17 | Sec. 6.2. Physicians to screen children.
| ||||||
| 18 | (a) Any Every physician licensed to practice medicine in | ||||||
| 19 | all its branches or health care provider who sees or treats or
| ||||||
| 20 | health care provider shall screen children 6 months through 6 | ||||||
| 21 | years
of age or younger shall screen those children for
lead | ||||||
| 22 | poisoning when those children who are determined to reside in | ||||||
| 23 | an area defined as high risk
by the Department. Children | ||||||
| 24 | residing in areas defined as low risk by the
Department shall | ||||||
| |||||||
| |||||||
| 1 | be assessed for risk by the Childhood Lead Risk Questionnaire a | ||||||
| 2 | risk assessment procedure developed
by the Department. | ||||||
| 3 | Children shall be screened, in accordance with guidelines
and | ||||||
| 4 | criteria set forth by the
American Academy of Pediatrics, at | ||||||
| 5 | the priority intervals and using the
methods specified in the | ||||||
| 6 | guidelines.
| ||||||
| 7 | (b) Each licensed, registered, or approved health care | ||||||
| 8 | facility serving
children from 6 months through 6 years of age | ||||||
| 9 | or younger, including but not
limited to,
health departments, | ||||||
| 10 | hospitals, clinics, and health maintenance
organizations | ||||||
| 11 | approved, registered, or licensed by the Department, shall take
| ||||||
| 12 | the appropriate steps to ensure that the patients receive lead | ||||||
| 13 | poisoning
screening, where medically indicated or appropriate.
| ||||||
| 14 | (c) Children 7 6 years and older may also be screened by | ||||||
| 15 | physicians or
health care providers, in accordance with | ||||||
| 16 | guidelines and criteria set forth
by the American Academy of | ||||||
| 17 | Pediatrics, according to the priority intervals
specified in | ||||||
| 18 | the guidelines. Physicians and health care providers shall also
| ||||||
| 19 | screen children for lead poisoning in conjunction with the | ||||||
| 20 | school health
examination, as required under the School Code, | ||||||
| 21 | when, in the medical judgement
of the physician, advanced | ||||||
| 22 | practice nurse who has a written collaborative
agreement with a
| ||||||
| 23 | collaborating
physician
that authorizes the advance practice | ||||||
| 24 | nurse to perform health examinations, or
physician
assistant | ||||||
| 25 | who has been delegated to perform health examinations by the
| ||||||
| 26 | supervising
physician, the child is potentially at high risk of | ||||||
| |||||||
| |||||||
| 1 | lead poisoning.
| ||||||
| 2 | (d) Nothing in this Section shall be construed to require | ||||||
| 3 | any child
to undergo a lead blood level screening or test whose | ||||||
| 4 | parent or guardian
objects on the grounds that the screening or | ||||||
| 5 | test conflicts with his or her
religious beliefs.
| ||||||
| 6 | (Source: P.A. 93-104, eff. 1-1-04.)
| ||||||
| 7 | (410 ILCS 45/6.3)
| ||||||
| 8 | Sec. 6.3. Information provided by the Department of | ||||||
| 9 | Healthcare and Family Services. | ||||||
| 10 | (a) The Director of Healthcare and Family Services shall | ||||||
| 11 | provide, upon request of the Director of Public Health, an | ||||||
| 12 | electronic record of all children 6 less than 7 years of age or | ||||||
| 13 | younger who receive Medicaid, Kidcare, or other health care | ||||||
| 14 | benefits from the Department of Healthcare and Family Services. | ||||||
| 15 | The records shall include a history of claims filed for each | ||||||
| 16 | child and the health care provider who rendered the services. | ||||||
| 17 | On at least an annual basis, the Director of Public Health | ||||||
| 18 | shall match the records provided by the Department of | ||||||
| 19 | Healthcare and Family Services with the records of children | ||||||
| 20 | receiving lead tests, as reported to the Department under | ||||||
| 21 | Section 7 of this Act. | ||||||
| 22 | (b) The Director of Healthcare and Family Services shall | ||||||
| 23 | prepare a report documenting the frequency of lead testing and | ||||||
| 24 | elevated blood and lead levels among children receiving | ||||||
| 25 | benefits from the Department of Healthcare and Family Services. | ||||||
| |||||||
| |||||||
| 1 | On at least an annual basis, the Director of Healthcare and | ||||||
| 2 | Family Services shall prepare and deliver a report to each | ||||||
| 3 | health care provider who has rendered services to children | ||||||
| 4 | receiving benefits from the Department of Healthcare and Family | ||||||
| 5 | Services. The report shall contain the aggregate number of | ||||||
| 6 | children receiving benefits from the Department of Healthcare | ||||||
| 7 | and Family Services to whom the provider has provided services, | ||||||
| 8 | the number and percentage of children tested for lead | ||||||
| 9 | poisoning, and the number and percentage of children having an | ||||||
| 10 | elevated blood lead level. The Department of Public Health may | ||||||
| 11 | exclude health care providers who provide specialized or | ||||||
| 12 | emergency medical care and who are unlikely to be the primary | ||||||
| 13 | medical care provider for a child. Upon the request of a | ||||||
| 14 | provider, the Department of Public Health may generate a list | ||||||
| 15 | of individual patients treated by that provider according to | ||||||
| 16 | the claims records and the patients' lead test results.
| ||||||
| 17 | (Source: P.A. 94-879, eff. 6-20-06.)
| ||||||
| 18 | (410 ILCS 45/7) (from Ch. 111 1/2, par. 1307)
| ||||||
| 19 | Sec. 7. Reports of lead poisoning required; lead | ||||||
| 20 | information to remain confidential; disclosure prohibited. | ||||||
| 21 | Every physician who
diagnoses, or a health care provider, | ||||||
| 22 | nurse, hospital administrator, or public health officer who has
| ||||||
| 23 | verified information of the
existence of a blood lead test | ||||||
| 24 | result for any child or pregnant person shall report the result | ||||||
| 25 | to the Department. Results person found or suspected to have a | ||||||
| |||||||
| |||||||
| 1 | level of lead in the
blood in excess of the permissible limits | ||||||
| 2 | set forth in rules regulations
adopted by the Department shall | ||||||
| 3 | be reported to the Department , within 48 hours of receipt of
| ||||||
| 4 | verification. Reports ,
shall include report to the Department | ||||||
| 5 | the name, address, laboratory results, date
of birth, and any | ||||||
| 6 | other information about the child or pregnant person deemed | ||||||
| 7 | essential by
the Department. Directors of clinical | ||||||
| 8 | laboratories must report to the
Department, within 48 hours of | ||||||
| 9 | receipt of verification, elevated blood lead levels positive
| ||||||
| 10 | results of all
blood
lead analyses performed in their facility. | ||||||
| 11 | The information included in the
clinical laboratories report | ||||||
| 12 | shall include, but not be limited to, the child's
name, | ||||||
| 13 | address, date of birth, name of physician ordering analysis, | ||||||
| 14 | and specimen
type. All blood lead levels less than the | ||||||
| 15 | permissible limits set forth in rule negative results must be | ||||||
| 16 | reported to the Department in accordance
with rules adopted by | ||||||
| 17 | the Department. These rules shall not require reporting
in less | ||||||
| 18 | than 30 days after the end of the month in which the negative | ||||||
| 19 | results
are obtained. All information obtained by the | ||||||
| 20 | Department from any source and all information, data, reports, | ||||||
| 21 | e-mails, letters, and other documents generated by the | ||||||
| 22 | Department or any of its delegate agencies concerning any | ||||||
| 23 | person with a blood lead level in excess of the permissible | ||||||
| 24 | limits set forth in regulations adopted by the Department
| ||||||
| 25 | reports shall be treated in
the same manner as information | ||||||
| 26 | subject to the provisions of Part 21 of Article
VIII of the | ||||||
| |||||||
| |||||||
| 1 | Code of Civil Procedure and shall not be disclosed. This | ||||||
| 2 | prohibition on disclosure extends to all information and | ||||||
| 3 | reports obtained or created by the Department or any of its | ||||||
| 4 | delegate agencies concerning any regulated facility that has | ||||||
| 5 | been identified as a potential lead hazard or a source of lead | ||||||
| 6 | poisoning. Any physician, nurse, hospital
administrator, | ||||||
| 7 | director of a
clinical laboratory, public health officer, or | ||||||
| 8 | allied health professional
making a report in good faith shall | ||||||
| 9 | be immune from any civil or criminal
liability that otherwise | ||||||
| 10 | might be incurred from the making of a report.
| ||||||
| 11 | (Source: P.A. 89-381, eff. 8-18-95; 90-182, eff. 1-1-98.)
| ||||||
| 12 | (410 ILCS 45/7.1) (from Ch. 111 1/2, par. 1307.1)
| ||||||
| 13 | Sec. 7.1. Child care facilities must require lead blood | ||||||
| 14 | lead level
screening for admission. Each By January 1, 1993, | ||||||
| 15 | each day care center, day
care home, preschool, nursery school, | ||||||
| 16 | kindergarten, or other child care
facility, licensed or | ||||||
| 17 | approved by the State, including such programs
operated by a | ||||||
| 18 | public school district, shall include a requirement that each
| ||||||
| 19 | parent or legal guardian of a child between the ages of 6 | ||||||
| 20 | months through 6
years of age or younger provide a statement | ||||||
| 21 | from a physician or health care provider that the
child has | ||||||
| 22 | been screened or risk assessed for lead poisoning, as provided | ||||||
| 23 | in Section 6.2, if the child
resides in an area defined as low | ||||||
| 24 | risk by the Department, or screened for
lead poisoning as | ||||||
| 25 | provided for in Section 6.2, if the child resides in an
area
| ||||||
| |||||||
| |||||||
| 1 | defined as high risk. This statement shall be
provided prior to | ||||||
| 2 | admission and subsequently in conjunction with required
| ||||||
| 3 | physical examinations.
| ||||||
| 4 | Nothing in this Section shall be construed to require any | ||||||
| 5 | child
to undergo a lead blood level screening or test whose | ||||||
| 6 | parent or guardian
objects on the grounds that the screening or | ||||||
| 7 | test conflicts with his or her
religious beliefs.
| ||||||
| 8 | Child care facilities that participate in the Illinois | ||||||
| 9 | Child Care Assistance Program (CCAP) shall annually send or | ||||||
| 10 | deliver to the parents or guardians of children enrolled in the | ||||||
| 11 | facility's care an informational pamphlet regarding awareness | ||||||
| 12 | of lead paint poisoning. Pamphlets shall be produced and made | ||||||
| 13 | available by the Department and shall be downloadable from the | ||||||
| 14 | Department's Internet website. The Department of Human | ||||||
| 15 | Services and the Department of Public Health shall assist in | ||||||
| 16 | the distribution of the pamphlet.
| ||||||
| 17 | (Source: P.A. 94-879, eff. 6-20-06.)
| ||||||
| 18 | (410 ILCS 45/7.2) (from Ch. 111 1/2, par. 1307.2)
| ||||||
| 19 | Sec. 7.2. Laboratory fees for blood lead screening; Lead | ||||||
| 20 | Poisoning Fund.
| ||||||
| 21 | (a) The Department may establish fees according to a | ||||||
| 22 | reasonable fee
structure to cover the cost of providing a | ||||||
| 23 | testing service for laboratory
analysis of blood lead tests and | ||||||
| 24 | any necessary follow-up. Fees collected
from the Department's | ||||||
| 25 | testing service shall be placed in a special fund in
the State | ||||||
| |||||||
| |||||||
| 1 | treasury known as the Lead Poisoning Screening, Prevention, and
| ||||||
| 2 | Abatement Fund. Other State and federal funds for expenses | ||||||
| 3 | related to lead
poisoning screening, follow-up, treatment, and | ||||||
| 4 | abatement programs may also
be placed in the Fund. Moneys shall | ||||||
| 5 | be appropriated from the Fund to the
Department of Public | ||||||
| 6 | Health solely for the implementation and enforcement of this | ||||||
| 7 | Act the purposes of providing lead
screening, follow-up, and | ||||||
| 8 | treatment programs.
| ||||||
| 9 | (b) The Department shall apply to the Department of | ||||||
| 10 | Healthcare and Family Services for all approved lead screening | ||||||
| 11 | and assessment activities for Medicaid-eligible children. | ||||||
| 12 | Established Current Procedural Terminology (CPT) Codes shall | ||||||
| 13 | be used to determine billable lead poisoning prevention | ||||||
| 14 | services. Funds shall be placed in the Lead Poisoning | ||||||
| 15 | Screening, Prevention, and Abatement Fund. | ||||||
| 16 | (c) Any delegate agency may establish fees, according to a | ||||||
| 17 | reasonable
fee structure, to cover the costs of drawing blood | ||||||
| 18 | for blood lead screening
and any necessary follow-up.
| ||||||
| 19 | (Source: P.A. 87-175.)
| ||||||
| 20 | (410 ILCS 45/8) (from Ch. 111 1/2, par. 1308)
| ||||||
| 21 | Sec. 8. Inspection of buildings occupied by a person with | ||||||
| 22 | an elevated blood lead level screening positive. A | ||||||
| 23 | representative of the Department, or delegate agency, may, | ||||||
| 24 | after
notification that an occupant of a regulated facility the | ||||||
| 25 | dwelling unit in question is found to
have a blood lead value | ||||||
| |||||||
| |||||||
| 1 | as of the value set forth in Section 7, upon
presentation of | ||||||
| 2 | the appropriate credentials to the owner, occupant, or his
| ||||||
| 3 | representative, inspect regulated facilities dwelling or | ||||||
| 4 | dwelling units, at reasonable times,
for the purposes of | ||||||
| 5 | ascertaining that all surfaces accessible to children
are | ||||||
| 6 | intact and in good repair, and for purposes of ascertaining the
| ||||||
| 7 | existence of lead bearing substances. Such representative of | ||||||
| 8 | the
Department, or delegate agency, may remove samples or | ||||||
| 9 | objects necessary for
laboratory analysis, in the | ||||||
| 10 | determination of the presence of lead-bearing
substances in the | ||||||
| 11 | regulated facilities designated dwelling or dwelling unit.
| ||||||
| 12 | If a regulated facility building is occupied by a child of | ||||||
| 13 | less than 3 years
of age with an elevated blood lead level | ||||||
| 14 | screening positive, the Department, in addition to all
other | ||||||
| 15 | requirements of this Section, must inspect the regulated | ||||||
| 16 | facility dwelling
unit and common place area of the child with | ||||||
| 17 | an elevated blood lead level screening positive. | ||||||
| 18 | Following the inspection, the Department or its delegate | ||||||
| 19 | agency shall:
| ||||||
| 20 | (1) Prepare an inspection report which shall:
| ||||||
| 21 | (A) State the address of the regulated facility | ||||||
| 22 | dwelling unit.
| ||||||
| 23 | (B) Describe the scope of the inspection, the | ||||||
| 24 | inspection procedures
used, and the method of | ||||||
| 25 | ascertaining the existence of a lead bearing
substance | ||||||
| 26 | in the regulated facility dwelling unit.
| ||||||
| |||||||
| |||||||
| 1 | (C) State whether any lead bearing substances were | ||||||
| 2 | found in the regulated facility dwelling unit.
| ||||||
| 3 | (D) Describe the nature, extent, and location of | ||||||
| 4 | any lead bearing
substance that is found.
| ||||||
| 5 | (E) State either that a lead hazard does exist or | ||||||
| 6 | that a lead hazard
does not exist. If a lead hazard | ||||||
| 7 | does exist, the report shall describe the
source, | ||||||
| 8 | nature and location of the lead hazard. The existence | ||||||
| 9 | of intact
lead paint does not alone constitute a lead | ||||||
| 10 | hazard for the purposes of this
Section.
| ||||||
| 11 | (F) Give the name of the person who conducted the | ||||||
| 12 | inspection and
the person to contact for further | ||||||
| 13 | information regarding the inspection and
the | ||||||
| 14 | requirements of this Act.
| ||||||
| 15 | (2) Mail or otherwise provide a copy of the inspection | ||||||
| 16 | report to the
property owner and to the occupants of the | ||||||
| 17 | regulated facility dwelling unit. If a lead
bearing | ||||||
| 18 | substance is found, at the time of providing a copy of the
| ||||||
| 19 | inspection report, the Department or its delegate agency | ||||||
| 20 | shall attach an
informational brochure.
| ||||||
| 21 | (Source: P.A. 94-879, eff. 6-20-06.)
| ||||||
| 22 | (410 ILCS 45/8.1) (from Ch. 111 1/2, par. 1308.1)
| ||||||
| 23 | Sec. 8.1. Licensing of lead inspectors and lead risk | ||||||
| 24 | assessors.
| ||||||
| 25 | (a) The By January 1, 1994, the Department shall establish | ||||||
| |||||||
| |||||||
| 1 | standards and
licensing procedures for lead inspectors and lead | ||||||
| 2 | risk assessors. An integral element of these
procedures shall | ||||||
| 3 | be an education and training program prescribed by the
| ||||||
| 4 | Department which shall include but not be limited to scientific | ||||||
| 5 | sampling,
chemistry, and construction techniques. No person | ||||||
| 6 | shall make inspections or risk assessments
without first being | ||||||
| 7 | licensed by the Department. The penalty for inspection or risk | ||||||
| 8 | assessment
without a license shall be a Class A misdemeanor and | ||||||
| 9 | an administrative fine.
| ||||||
| 10 | (b) The Department shall charge licensed lead inspectors | ||||||
| 11 | and lead risk assessors reasonable license
fees and the fees | ||||||
| 12 | shall be placed in the Lead Poisoning Screening,
Prevention, | ||||||
| 13 | and Abatement Fund and used to fund the Department's licensing
| ||||||
| 14 | of lead inspectors and lead risk assessors and any other | ||||||
| 15 | activities prescribed by this Act. A licensed lead An
inspector | ||||||
| 16 | or lead risk assessor employed by the Department or its | ||||||
| 17 | delegate agency shall not be
charged a license fee.
| ||||||
| 18 | (Source: P.A. 87-175.)
| ||||||
| 19 | (410 ILCS 45/8.3 new) | ||||||
| 20 | Sec. 8.3. Stop work orders. Whenever the Department finds | ||||||
| 21 | that a situation exists that requires immediate action to | ||||||
| 22 | protect the public health, it may, without notice or hearing, | ||||||
| 23 | issue an order requiring that such action be taken as it may | ||||||
| 24 | deem necessary to protect the public health, including, but not | ||||||
| 25 | limited to, the issuance of a stop work order, ordering the | ||||||
| |||||||
| |||||||
| 1 | immediate suspension of any improper lead activities or | ||||||
| 2 | renovation, and requiring that any person found to be | ||||||
| 3 | improperly conducting lead activities immediately cease such | ||||||
| 4 | activities. Notwithstanding any other provision in this Act, | ||||||
| 5 | such order shall be effective immediately. The Attorney | ||||||
| 6 | General, State's Attorney, or Sheriff of the county in which | ||||||
| 7 | the property is located has authority to enforce the order | ||||||
| 8 | after receiving notice thereof. Any person subject to such an | ||||||
| 9 | order is entitled, upon written request to the Department, to a | ||||||
| 10 | hearing to determine the continued validity of the order.
| ||||||
| 11 | (410 ILCS 45/9) (from Ch. 111 1/2, par. 1309)
| ||||||
| 12 | Sec. 9. Procedures upon determination of lead hazard.
| ||||||
| 13 | (1) If the inspection report identifies a lead hazard, the | ||||||
| 14 | Department or
delegate agency shall serve a mitigation notice | ||||||
| 15 | on the property owner that the
owner is required to mitigate | ||||||
| 16 | the lead hazard, and shall indicate the time
period specified | ||||||
| 17 | in this Section in which the owner must complete the
| ||||||
| 18 | mitigation. The notice shall include information describing | ||||||
| 19 | mitigation
activities which meet the requirements of this Act.
| ||||||
| 20 | (2) If the inspection report identifies a lead hazard, the | ||||||
| 21 | owner shall
mitigate the lead hazard in a manner prescribed by | ||||||
| 22 | the Department and within
the time limit prescribed by this | ||||||
| 23 | Section. The Department shall adopt rules
regarding acceptable | ||||||
| 24 | methods of mitigating a lead hazard. If the source of the
lead | ||||||
| 25 | hazard identified in the inspection report is lead paint or any | ||||||
| |||||||
| |||||||
| 1 | other
leaded surface coating, the lead hazard shall be deemed | ||||||
| 2 | to have been mitigated
if:
| ||||||
| 3 | (A) The surface identified as the source of the hazard | ||||||
| 4 | is no longer in
a condition that produces a hazardous level | ||||||
| 5 | of leaded chips, flakes, dust
or any other form of leaded | ||||||
| 6 | substance, that can be ingested or inhaled by
humans, or;
| ||||||
| 7 | (B) If the surface identified as the source of the | ||||||
| 8 | hazard is accessible
to children and could reasonably be | ||||||
| 9 | chewed on by children, the surface
coating is either | ||||||
| 10 | removed or covered, the surface is removed, or the access
| ||||||
| 11 | to the leaded surface by children is otherwise prevented as | ||||||
| 12 | prescribed
by the Department.
| ||||||
| 13 | (3) Mitigation activities which involve the destruction or | ||||||
| 14 | disturbance of
any leaded surface shall be conducted by a | ||||||
| 15 | licensed lead abatement contractor
using licensed lead | ||||||
| 16 | abatement workers. The Department may prescribe by rule
| ||||||
| 17 | mitigation activities that may be performed without a licensed | ||||||
| 18 | lead abatement contractor, lead abatement supervisor, or lead | ||||||
| 19 | abatement
worker. The Department may, on a case by case basis, | ||||||
| 20 | grant a waiver of the
requirement to use licensed lead | ||||||
| 21 | abatement contractors, lead abatement supervisors, and lead | ||||||
| 22 | abatement workers, provided
the waiver does not endanger the | ||||||
| 23 | health or safety of humans.
| ||||||
| 24 | (4) The Department shall establish procedures whereby an | ||||||
| 25 | owner,
after receiving a mitigation notice under this Section, | ||||||
| 26 | may submit a
mitigation plan to the Department or delegate | ||||||
| |||||||
| |||||||
| 1 | agency for review and approval.
| ||||||
| 2 | (5) When a mitigation notice is issued for a regulated | ||||||
| 3 | facility dwelling unit inspected as a
result of an elevated | ||||||
| 4 | blood lead level in a pregnant person woman or a child, or if
| ||||||
| 5 | the regulated facility dwelling unit is occupied by a child | ||||||
| 6 | under 6 years of age or younger or a pregnant person
woman, the | ||||||
| 7 | owner shall mitigate the hazard within 30 days of receiving the
| ||||||
| 8 | notice; otherwise, the owner shall complete the mitigation | ||||||
| 9 | within 90 days.
| ||||||
| 10 | (6) An owner may apply to the Department or its delegate | ||||||
| 11 | agency
for an extension of the deadline for mitigation. If the | ||||||
| 12 | Department or its
delegate agency determines that the owner is | ||||||
| 13 | making substantial progress
toward mitigation, or that the | ||||||
| 14 | failure to meet the deadline is the result
of a shortage of | ||||||
| 15 | licensed lead abatement contractors, lead abatement | ||||||
| 16 | supervisors, or lead abatement workers, or that the
failure to | ||||||
| 17 | meet the deadline is because the owner is awaiting the review
| ||||||
| 18 | and approval of a mitigation plan, the Department or delegate | ||||||
| 19 | agency may
grant an extension of the deadline.
| ||||||
| 20 | (7) The Department or its delegate agency may, after the | ||||||
| 21 | deadline set for
completion of mitigation, conduct a follow-up | ||||||
| 22 | inspection of any regulated facility dwelling for
which a | ||||||
| 23 | mitigation notice was issued for the purpose of determining | ||||||
| 24 | whether the
mitigation actions required have been completed and | ||||||
| 25 | whether the activities have
sufficiently mitigated the lead | ||||||
| 26 | hazard as provided under this Section. The
Department or its | ||||||
| |||||||
| |||||||
| 1 | delegate agency may conduct a follow-up inspection upon the
| ||||||
| 2 | request of an owner or resident. If, upon completing the | ||||||
| 3 | follow-up inspection,
the Department or its delegate agency | ||||||
| 4 | finds that the lead hazard for which the
mitigation notice was | ||||||
| 5 | issued is not mitigated, the Department or its delegate
agency | ||||||
| 6 | shall serve the owner with notice of the deficiency and a | ||||||
| 7 | mitigation
order. The order shall indicate the specific actions | ||||||
| 8 | the owner must
take to comply with the mitigation requirements | ||||||
| 9 | of this Act, which may
include lead abatement if lead abatement | ||||||
| 10 | is the sole means by which the lead hazard
can be mitigated. | ||||||
| 11 | The order shall also include the date by which the
mitigation | ||||||
| 12 | shall be completed. If, upon completing the follow-up
| ||||||
| 13 | inspection, the Department or delegate agency finds that the | ||||||
| 14 | mitigation
requirements of this Act have been satisfied, the | ||||||
| 15 | Department or delegate
agency shall provide the owner with a | ||||||
| 16 | certificate of compliance stating
that the required mitigation | ||||||
| 17 | has been accomplished.
| ||||||
| 18 | (Source: P.A. 87-175; 87-1144.)
| ||||||
| 19 | (410 ILCS 45/9.1) (from Ch. 111 1/2, par. 1309.1)
| ||||||
| 20 | Sec. 9.1. Owner's obligation to give notice. An owner of a | ||||||
| 21 | regulated facility
dwelling unit or residential building who | ||||||
| 22 | has received a mitigation notice
under Section 9 of this Act | ||||||
| 23 | shall, before entering into a lease
agreement for the regulated | ||||||
| 24 | facility dwelling unit for which the
mitigation notice was | ||||||
| 25 | issued, provide prospective lessees of that
unit with written | ||||||
| |||||||
| |||||||
| 1 | notice that a lead hazard has previously been
identified in the | ||||||
| 2 | regulated facility dwelling unit, unless the owner has obtained | ||||||
| 3 | a
certificate of compliance for the unit under Section 9. An | ||||||
| 4 | owner
may satisfy this notice requirement by providing the | ||||||
| 5 | prospective
lessee with a copy of the inspection report | ||||||
| 6 | prepared pursuant to Section 9.
| ||||||
| 7 | Before entering into a residential lease agreement, all | ||||||
| 8 | owners
of regulated facilities residential buildings or | ||||||
| 9 | dwelling units built before 1978
shall give prospective lessees | ||||||
| 10 | information on the potential
health hazards posed by lead in | ||||||
| 11 | regulated facilities residential dwellings by providing the
| ||||||
| 12 | prospective lessee with a copy of a Department-approved an | ||||||
| 13 | informational brochure prepared by the
Department. Within one | ||||||
| 14 | year of the effective date of this amendatory Act of
1992, | ||||||
| 15 | owners of residential buildings or dwelling units built before | ||||||
| 16 | 1978 shall
provide current lessees with such brochure.
| ||||||
| 17 | (Source: P.A. 87-1144.)
| ||||||
| 18 | (410 ILCS 45/9.4)
| ||||||
| 19 | Sec. 9.4. Owner's obligation to post notice. The owner of a | ||||||
| 20 | regulated facility dwelling unit or residential building who | ||||||
| 21 | has received a mitigation notice under Section 9 of this Act | ||||||
| 22 | shall post notices at all entrances to in common areas of the | ||||||
| 23 | regulated facility building specifying the identified lead | ||||||
| 24 | hazards. The posted notices, drafted by the Department and sent | ||||||
| 25 | to the property owner with the notification of lead hazards, | ||||||
| |||||||
| |||||||
| 1 | shall indicate the following: | ||||||
| 2 | (1) that a unit or units in the building have been | ||||||
| 3 | found to have lead hazards; | ||||||
| 4 | (2) that other units in the building may have lead | ||||||
| 5 | hazards; | ||||||
| 6 | (3) that the Department recommends that children 6 | ||||||
| 7 | years of age or younger receive a blood lead screening; | ||||||
| 8 | (4) where to seek further information; and | ||||||
| 9 | (5) whether 2 or more mitigation notices have been | ||||||
| 10 | issued for the regulated facility 2 or more dwelling units | ||||||
| 11 | within a 5-year period of time. | ||||||
| 12 | Once the owner has complied with a mitigation notice or | ||||||
| 13 | mitigation order issued by the Department, the owner may remove | ||||||
| 14 | the notices posted pursuant to this Section.
| ||||||
| 15 | (Source: P.A. 94-879, eff. 6-20-06.)
| ||||||
| 16 | (410 ILCS 45/10) (from Ch. 111 1/2, par. 1310)
| ||||||
| 17 | Sec. 10.
The Department, or representative of a unit of | ||||||
| 18 | local government or
health department approved by the | ||||||
| 19 | Department for this purpose, shall report any
violation of this | ||||||
| 20 | Act to the State's Attorney of the county in which the
| ||||||
| 21 | regulated facility dwelling is located, who has then shall the | ||||||
| 22 | authority to charge the owner with a Class
A misdemeanor, and | ||||||
| 23 | who shall take additional measures to ensure insure that rent | ||||||
| 24 | is
withheld from the owner by the occupants of the regulated | ||||||
| 25 | facility dwelling or dwelling units
affected, until the | ||||||
| |||||||
| |||||||
| 1 | mitigation requirements under Section 9 of this Act are
| ||||||
| 2 | complied with.
| ||||||
| 3 | No tenant shall be evicted because an individual with an | ||||||
| 4 | elevated blood
lead level or with suspected lead poisoning | ||||||
| 5 | resides in the regulated facility dwelling unit,
or because | ||||||
| 6 | rent is withheld under the provisions of this Act, or because | ||||||
| 7 | of
any action required of the dwelling owner of the regulated | ||||||
| 8 | facility as a result of enforcement of
this Act.
| ||||||
| 9 | In cases where no action is taken which will result in the | ||||||
| 10 | remedy of the
hazard created by the lead-bearing substances | ||||||
| 11 | within the stated time
period, the local health officer and the | ||||||
| 12 | local building officials may as
practical utilize such | ||||||
| 13 | community resources as are available to effect the
relocation | ||||||
| 14 | of the individuals who occupied the dwelling or dwelling unit
| ||||||
| 15 | affected until the remedy is made by the owner.
| ||||||
| 16 | (Source: P.A. 87-175; 87-1144.)
| ||||||
| 17 | (410 ILCS 45/11) (from Ch. 111 1/2, par. 1311)
| ||||||
| 18 | Sec. 11. Lead abatement; Manner of mitigation of lead | ||||||
| 19 | hazards. All lead abatement and lead mitigation shall be
| ||||||
| 20 | accomplished in a manner prescribed by the Department, which | ||||||
| 21 | will not endanger the health or well-being of
residential | ||||||
| 22 | building or dwelling unit occupants of regulated facilities, | ||||||
| 23 | and will
result in the safe
removal from the premises, and the | ||||||
| 24 | safe disposition, of flakes, chips, debris,
dust, and other | ||||||
| 25 | potentially harmful materials. The Department shall establish, | ||||||
| |||||||
| |||||||
| 1 | by rule, work practice requirements for lead abatement and lead | ||||||
| 2 | mitigation.
| ||||||
| 3 | (Source: P.A. 87-175; 87-1144; 88-670, eff. 12-2-94.)
| ||||||
| 4 | (410 ILCS 45/11.05)
| ||||||
| 5 | Sec. 11.05. Advisory Council.
| ||||||
| 6 | (a) The General Assembly finds the following:
| ||||||
| 7 | (1) Lead-based paint poisoning is a potentially | ||||||
| 8 | devastating
but preventable disease and is the number one
| ||||||
| 9 | environmental threat to children's health in the United
| ||||||
| 10 | States.
| ||||||
| 11 | (2) The number of lead-poisoned children in Illinois is | ||||||
| 12 | among
the highest in the nation, especially in older, | ||||||
| 13 | affordable
properties.
| ||||||
| 14 | (3) Lead poisoning causes irreversible damage to the
| ||||||
| 15 | development of a child's nervous system. Even at low and
| ||||||
| 16 | moderate levels, lead poisoning causes learning
| ||||||
| 17 | disabilities, speech problems, shortened attention span,
| ||||||
| 18 | hyperactivity, and behavioral problems. Recent research
| ||||||
| 19 | links high levels of lead exposure to lower IQ scores and
| ||||||
| 20 | to juvenile delinquency.
| ||||||
| 21 | (4) Older housing is the number one risk factor for | ||||||
| 22 | childhood
lead poisoning. Properties built before 1950 are
| ||||||
| 23 | statistically much more likely to contain lead-based paint
| ||||||
| 24 | hazards than buildings constructed more recently.
| ||||||
| 25 | (5) Illinois ranks 10th out of the 50 states in
the age | ||||||
| |||||||
| |||||||
| 1 | of its housing stock. More than 50% of the
housing units in | ||||||
| 2 | Chicago and in Rock Island, Peoria,
Macon, Madison, and | ||||||
| 3 | Kankakee counties were built before
1960 and more than 43% | ||||||
| 4 | of the housing units in St. Clair,
Winnebago, Sangamon, | ||||||
| 5 | Kane, and Cook counties were built
before 1950.
| ||||||
| 6 | (6) There are nearly 1.4 million households with | ||||||
| 7 | lead-based
paint hazards in Illinois.
| ||||||
| 8 | (7) Most children are lead-poisoned in their own homes
| ||||||
| 9 | through exposure to lead dust from deteriorated lead-paint
| ||||||
| 10 | surfaces, like windows, and when lead paint deteriorates or
| ||||||
| 11 | is disturbed through home renovation and repainting.
| ||||||
| 12 | (8) The control of lead hazards significantly reduces | ||||||
| 13 | lead poisoning
rates. Other communities, including New | ||||||
| 14 | York City
and Milwaukee, have successfully reduced lead | ||||||
| 15 | poisoning
rates by removing lead-based paint hazards on | ||||||
| 16 | windows.
| ||||||
| 17 | (9) Windows are considered a higher lead exposure risk
| ||||||
| 18 | more often than other components in a housing unit. Windows
| ||||||
| 19 | are a major contributor of lead dust in the home, due to
| ||||||
| 20 | both weathering conditions and friction effects on paint.
| ||||||
| 21 | (10) There is an insufficient pool of licensed lead
| ||||||
| 22 | abatement workers and contractors to address the problem in
| ||||||
| 23 | some areas of the State.
| ||||||
| 24 | (11) Training, insurance, and licensing costs for lead
| ||||||
| 25 | removal workers are prohibitively high.
| ||||||
| 26 | (12) Through grants from the United States Department | ||||||
| |||||||
| |||||||
| 1 | of Housing and
Urban Development, some communities in | ||||||
| 2 | Illinois have begun
to reduce lead poisoning of children. | ||||||
| 3 | While this is an
ongoing effort, it addresses only a small | ||||||
| 4 | number of the
low-income children statewide in communities | ||||||
| 5 | with high
levels of lead paint in the housing stock.
| ||||||
| 6 | (b) For purposes of this Section:
| ||||||
| 7 | "Advisory Council" means the Lead-Safe Housing Advisory
| ||||||
| 8 | Council created under subsection (c).
| ||||||
| 9 | "Lead-Safe Housing Maintenance Standards" or "Standards"
| ||||||
| 10 | means standards developed by the Advisory Council pursuant
to | ||||||
| 11 | this Section.
| ||||||
| 12 | "Low-income" means a household at or below 80% of the | ||||||
| 13 | median
income level for a given county as determined annually | ||||||
| 14 | by
the United States Department of Housing and Urban
| ||||||
| 15 | Development.
| ||||||
| 16 | "Primary prevention" means removing lead hazards before a | ||||||
| 17 | child is
poisoned
rather than relying on identification of a | ||||||
| 18 | lead poisoned child as the
triggering event.
| ||||||
| 19 | (c) The Lead-Safe Housing Advisory
Council is created to | ||||||
| 20 | advise the Department on lead poisoning prevention
activities. | ||||||
| 21 | The Advisory Council shall be
chaired by the Director or his or | ||||||
| 22 | her designee and the chair of the Illinois
Lead Safe Housing | ||||||
| 23 | Task Force and provided with administrative support by the
| ||||||
| 24 | Department. The Advisory Council shall be comprised of (i) the | ||||||
| 25 | directors, or
their designees, of the Illinois Housing | ||||||
| 26 | Development Authority and the
Environmental Protection Agency; | ||||||
| |||||||
| |||||||
| 1 | and (ii) the directors, or their designees,
of public health | ||||||
| 2 | departments of counties identified by the Department that
| ||||||
| 3 | contain communities with a concentration of
high-risk, | ||||||
| 4 | lead-contaminated properties.
| ||||||
| 5 | The Advisory Council shall also include the following | ||||||
| 6 | members appointed by
the Governor:
| ||||||
| 7 | (1) One representative from the Illinois Association | ||||||
| 8 | of Realtors.
| ||||||
| 9 | (2) One representative from the insurance industry.
| ||||||
| 10 | (3) Two pediatricians or other physicians with
| ||||||
| 11 | knowledge of lead-paint poisoning.
| ||||||
| 12 | (4) Two representatives from the private-sector, lead | ||||||
| 13 | abatement
lead-based-paint-abatement
industry who are | ||||||
| 14 | licensed in
Illinois as a lead an abatement contractor,
| ||||||
| 15 | worker, or risk assessor.
| ||||||
| 16 | (5) Two representatives from community based | ||||||
| 17 | organizations in
communities with a concentration of high | ||||||
| 18 | risk lead contaminated properties.
High-risk
communities | ||||||
| 19 | shall be identified based upon the prevalence of low-income
| ||||||
| 20 | families whose
children are lead poisoned and the age of | ||||||
| 21 | the housing stock.
| ||||||
| 22 | (6) At least 3 lead-safe housing advocates, including
| ||||||
| 23 | (i) the parent of a lead-poisoned child, (ii) a
| ||||||
| 24 | representative from a child advocacy organization,
and | ||||||
| 25 | (iii) a representative from a tenant housing
organization.
| ||||||
| 26 | (7) One representative from the Illinois paint and | ||||||
| |||||||
| |||||||
| 1 | coatings industry. | ||||||
| 2 | Within 9 months after its
formation, the Advisory Council
| ||||||
| 3 | shall submit a written report to the Governor and the General | ||||||
| 4 | Assembly on:
| ||||||
| 5 | (1) developing a primary prevention program for | ||||||
| 6 | addressing lead
poisoning;
| ||||||
| 7 | (2) developing a sufficient pool of lead abatement | ||||||
| 8 | workers and
contractors;
| ||||||
| 9 | (3) targeting blood lead screening to children | ||||||
| 10 | residing in high-risk
buildings and neighborhoods;
| ||||||
| 11 | (4) ensuring lead-safe work practices in all | ||||||
| 12 | remodeling, rehabilitation,
and weatherization work;
| ||||||
| 13 | (5) funding mechanisms to assist residential property | ||||||
| 14 | owners in costs of
lead abatement and mitigation;
| ||||||
| 15 | (6) providing insurance subsidies to licensed lead | ||||||
| 16 | abatement contractors
who target their work to high-risk | ||||||
| 17 | communities; and
| ||||||
| 18 | (7) developing any necessary legislation or rulemaking | ||||||
| 19 | to improve the
effectiveness of State and local programs in | ||||||
| 20 | lead abatement and other
prevention and control | ||||||
| 21 | activities.
| ||||||
| 22 | The Advisory Council shall develop handbooks and training | ||||||
| 23 | for property owners
and tenants
explaining the Standards and | ||||||
| 24 | State and federal requirements for
lead-safe housing.
| ||||||
| 25 | The Advisory Council shall meet at least quarterly. Its | ||||||
| 26 | members shall
receive no compensation for
their services, but | ||||||
| |||||||
| |||||||
| 1 | their reasonable travel expenses actually incurred shall be
| ||||||
| 2 | reimbursed by the Department.
| ||||||
| 3 | (Source: P.A. 93-348, eff. 1-1-04; 93-789, eff. 7-22-04.)
| ||||||
| 4 | (410 ILCS 45/11.1) (from Ch. 111 1/2, par. 1311.1)
| ||||||
| 5 | Sec. 11.1. Licensing of lead abatement contractors, lead | ||||||
| 6 | abatement supervisors, and lead abatement workers. Except as | ||||||
| 7 | otherwise provided in this Act, performing lead abatement or
| ||||||
| 8 | mitigation without a license is a Class A misdemeanor and is | ||||||
| 9 | also subject to civil and administrative penalties.
The | ||||||
| 10 | Department shall provide by rule for the licensing of lead
| ||||||
| 11 | abatement contractors, lead abatement supervisors, and lead | ||||||
| 12 | abatement workers and shall establish rules
standards and | ||||||
| 13 | procedures for the licensure. The Department
may collect a | ||||||
| 14 | reasonable fee for the licenses. The fees shall
be deposited | ||||||
| 15 | into the Lead Poisoning Screening, Prevention, and
Abatement | ||||||
| 16 | Fund and used by the Department for the costs of
licensing lead | ||||||
| 17 | abatement contractors and workers and other activities
| ||||||
| 18 | prescribed by this Act.
| ||||||
| 19 | The Department shall promote and encourage minorities and | ||||||
| 20 | females and
minority and female owned entities to apply for | ||||||
| 21 | licensure under this Act
as either licensed lead abatement | ||||||
| 22 | workers or licensed lead abatement
contractors.
| ||||||
| 23 | The Department may adopt any rules necessary to ensure | ||||||
| 24 | proper
implementation and administration of this Act and of the | ||||||
| 25 | federal Toxic
Substances Control Act, 15 USC 2682 and 2684, and | ||||||
| |||||||
| |||||||
| 1 | the rules adopted regulations promulgated
thereunder: Lead; | ||||||
| 2 | Requirements for Lead-Based Paint Activities (40 CFR 745).
The | ||||||
| 3 | application of this Section shall not be limited to the | ||||||
| 4 | activities taken in
regard to lead poisoned children and shall | ||||||
| 5 | include all activities related to
lead abatement, mitigation | ||||||
| 6 | and training.
| ||||||
| 7 | No person may act as a lead abatement contractor unless the | ||||||
| 8 | person is licensed as a lead abatement contractor by the | ||||||
| 9 | Department in accordance with this Act and the rules adopted | ||||||
| 10 | under it. | ||||||
| 11 | No person may act as a lead abatement supervisor unless the | ||||||
| 12 | person is licensed as a lead abatement supervisor by the | ||||||
| 13 | Department in accordance with this Act and the rules adopted | ||||||
| 14 | under it. | ||||||
| 15 | No person may act as a lead abatement worker unless the | ||||||
| 16 | person is licensed as a lead abatement worker by the Department | ||||||
| 17 | in accordance with this Act and the rules adopted under it. | ||||||
| 18 | Except as otherwise provided by Department rule, on and | ||||||
| 19 | after the effective date of this amendatory Act of the 98th | ||||||
| 20 | General Assembly, any licensing requirement adopted pursuant | ||||||
| 21 | to this Section that may be satisfied by an industrial | ||||||
| 22 | hygienist licensed pursuant to the Industrial Hygienists | ||||||
| 23 | Licensure Act repealed in this amendatory Act may be satisfied | ||||||
| 24 | by a Certified Industrial Hygienist certified by the American | ||||||
| 25 | Board of Industrial Hygiene. | ||||||
| 26 | (Source: P.A. 98-78, eff. 7-15-13.)
| ||||||
| |||||||
| |||||||
| 1 | (410 ILCS 45/12.2 new) | ||||||
| 2 | Sec. 12.2. Violations and enforcement. | ||||||
| 3 | (a) The following provisions shall apply concerning | ||||||
| 4 | criminal sanctions: | ||||||
| 5 | (1) Violation of any Section of this Act other than | ||||||
| 6 | Section 6.01 or Section 7 shall be punishable as a Class A | ||||||
| 7 | misdemeanor. A violation of Section 6.01 shall cause the | ||||||
| 8 | Department to issue a written warning for a first offense | ||||||
| 9 | and shall be a petty offense for a second or subsequent | ||||||
| 10 | offense if the violation occurs at the same location within | ||||||
| 11 | 12 months after the first offense. | ||||||
| 12 | (2) Any person who knowingly violates this Act or the | ||||||
| 13 | rules adopted by the Department or who violates any | ||||||
| 14 | determination or order of the Department under this Act | ||||||
| 15 | shall be guilty of a Class 4 felony. A person who, after | ||||||
| 16 | being convicted under this paragraph, violates this | ||||||
| 17 | paragraph a second or subsequent time commits a Class 3 | ||||||
| 18 | felony. | ||||||
| 19 | (3) Any person who knowingly makes a false statement, | ||||||
| 20 | orally or in writing, to the Department related to or | ||||||
| 21 | required by this Act, a rule adopted under this Act, any | ||||||
| 22 | federal law or rule for which the Department has | ||||||
| 23 | responsibility, or any determination or order of the | ||||||
| 24 | Department under this Act, or any permit, term, or | ||||||
| 25 | condition thereof, commits a Class 4 felony, and each such | ||||||
| |||||||
| |||||||
| 1 | statement or writing shall be considered a separate Class 4 | ||||||
| 2 | felony. A person who, after being convicted under this | ||||||
| 3 | paragraph, violates this paragraph a second or subsequent | ||||||
| 4 | time commits a Class 3 felony. | ||||||
| 5 | (4) Any criminal action brought under this Section | ||||||
| 6 | shall be brought by the State's Attorney of the county in | ||||||
| 7 | which the violation occurred or by the Attorney General and | ||||||
| 8 | shall be conducted in accordance with the applicable | ||||||
| 9 | provisions of the Code of Criminal Procedure of 1963. | ||||||
| 10 | (5) For an offense described in this subsection (a), | ||||||
| 11 | the period for commencing prosecution prescribed by the | ||||||
| 12 | statute of limitations shall not begin to run until the | ||||||
| 13 | offense is discovered by or reported to a State or local | ||||||
| 14 | agency having the authority to investigate violations of | ||||||
| 15 | this Act. | ||||||
| 16 | (6) In addition to any other penalty provided under | ||||||
| 17 | this Act, the court in a criminal action brought under this | ||||||
| 18 | subsection (a) may impose upon any person who violates this | ||||||
| 19 | Act or the rules adopted under this Act or who does not | ||||||
| 20 | comply with a notice of deficiency and a mitigation order | ||||||
| 21 | issued under subsection (7) of Section 9 of this Act or who | ||||||
| 22 | fails to comply with subsection (3) or subsection (5) of | ||||||
| 23 | Section 9 of this Act a penalty not to exceed $5,000 for | ||||||
| 24 | each violation. Each day a violation exists constitutes a | ||||||
| 25 | separate violation. Any penalties collected in a court | ||||||
| 26 | proceeding shall be deposited into a delegated county lead | ||||||
| |||||||
| |||||||
| 1 | poisoning screening, prevention, and abatement fund or, if | ||||||
| 2 | no delegated county or lead poisoning screening, | ||||||
| 3 | prevention, and abatement fund exists, into the Lead | ||||||
| 4 | Poisoning Screening, Prevention, and Abatement Fund | ||||||
| 5 | established under Section 7.2 of this Act. | ||||||
| 6 | (b) The Department is authorized to assess administrative | ||||||
| 7 | civil fines against any licensee or any other person who | ||||||
| 8 | violates this Act or the rules adopted under this Act. These | ||||||
| 9 | fines may be assessed in addition to or in lieu of license | ||||||
| 10 | suspensions or revocations and in addition to or in lieu of | ||||||
| 11 | criminal sanctions. The amount of the administrative civil fine | ||||||
| 12 | shall be determined by rules adopted by the Department. Each | ||||||
| 13 | day a violation exists shall constitute a separate violation. | ||||||
| 14 | The minimum civil fine shall be $50 per violation per day and | ||||||
| 15 | the maximum civil fine shall be $5,000 per violation per day. | ||||||
| 16 | Any civil fines so collected shall be deposited into the Lead | ||||||
| 17 | Poisoning Screening, Prevention, and Abatement Fund | ||||||
| 18 | established under Section 7.2 of this Act. | ||||||
| 19 | (c) The Director, after notice and opportunity for hearing, | ||||||
| 20 | may deny, suspend, or revoke a license of a licensee or fine a | ||||||
| 21 | licensee or any other person who has violated this Act or the | ||||||
| 22 | rules adopted under this Act. Notice shall be provided by | ||||||
| 23 | certified mail, return receipt requested, or by personal | ||||||
| 24 | service, fixing a date, not less than 15 days from the date of | ||||||
| 25 | such mailing or service, at which time the person shall be | ||||||
| 26 | given an opportunity to request a hearing. Failure to request a | ||||||
| |||||||
| |||||||
| 1 | hearing within that time period constitutes a waiver of the | ||||||
| 2 | right to a hearing. The hearing shall be conducted by the | ||||||
| 3 | Director or by an individual designated in writing by the | ||||||
| 4 | Director as a hearing officer to conduct the hearing. On the | ||||||
| 5 | basis of any such hearing or upon default of the respondent, | ||||||
| 6 | the Director shall make a determination specifying his or her | ||||||
| 7 | findings and conclusions. A copy of the determination shall be | ||||||
| 8 | sent by certified mail, return receipt requested, or served | ||||||
| 9 | personally upon the respondent. | ||||||
| 10 | (d) The procedure governing hearings authorized by this | ||||||
| 11 | Section shall be in accordance with rules adopted by the | ||||||
| 12 | Department. A full and complete record shall be kept of all | ||||||
| 13 | proceedings, including the notice of hearing, complaint, and | ||||||
| 14 | all other documents in the nature of pleadings, written motions | ||||||
| 15 | filed in the proceedings, and the report and orders of the | ||||||
| 16 | Director and hearing officer. All testimony shall be reported, | ||||||
| 17 | but need not be transcribed unless the decision is sought to be | ||||||
| 18 | reviewed under the Administrative Review Law. A copy or copies | ||||||
| 19 | of the transcript may be obtained by any interested party on | ||||||
| 20 | payment of the cost of preparing the copy or copies. The | ||||||
| 21 | Director or hearing officer shall, upon his or her own motion | ||||||
| 22 | or on the written request of any party to the proceeding, issue | ||||||
| 23 | subpoenas requiring the attendance and the giving of testimony | ||||||
| 24 | by witnesses and subpoenas duces tecum requiring the production | ||||||
| 25 | of books, papers, records, or memoranda. All subpoenas and | ||||||
| 26 | subpoenas duces tecum issued under this Act may be served by | ||||||
| |||||||
| |||||||
| 1 | any person of legal age. The fees of witnesses for attendance | ||||||
| 2 | and travel shall be the same as the fees of witnesses before | ||||||
| 3 | the courts of this State, such fees to be paid when the witness | ||||||
| 4 | is excused from further attendance. When the witness is | ||||||
| 5 | subpoenaed at the instance of the Director or hearing officer, | ||||||
| 6 | the fees shall be paid in the same manner as other expenses of | ||||||
| 7 | the Department, and when the witness is subpoenaed at the | ||||||
| 8 | instance of any other party to any such proceeding the | ||||||
| 9 | Department may require that the cost of service of the subpoena | ||||||
| 10 | or subpoena duces tecum and the fee of the witness be borne by | ||||||
| 11 | the party at whose instance the witness is summoned. In such | ||||||
| 12 | case, the Department in its discretion may require a deposit to | ||||||
| 13 | cover the cost of such service and witness fees. A subpoena or | ||||||
| 14 | subpoena duces tecum so issued pursuant to this subsection (d) | ||||||
| 15 | shall be served in the same manner as a subpoena issued by a | ||||||
| 16 | circuit court. | ||||||
| 17 | (e) Any circuit court of this State, upon the application | ||||||
| 18 | of the Director or upon the application of any other party to | ||||||
| 19 | the proceeding, may, in its discretion, compel the attendance | ||||||
| 20 | of witnesses, the production of books, papers, records, or | ||||||
| 21 | memoranda, and the giving of testimony before the Director or | ||||||
| 22 | hearing officer conducting an investigation or holding a | ||||||
| 23 | hearing authorized by this Act, by an attachment for contempt | ||||||
| 24 | or otherwise, in the same manner as production of evidence may | ||||||
| 25 | be compelled before the court. | ||||||
| 26 | (f) All final administrative decisions of the Department | ||||||
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| |||||||
| 1 | under this Act shall be subject to judicial review pursuant to | ||||||
| 2 | the provisions of the Administrative Review Law and the rules | ||||||
| 3 | adopted under it. "Administrative decision" has the meaning | ||||||
| 4 | ascribed to it in Section 3-101 of the Code of Civil Procedure. | ||||||
| 5 | The Department is not required to certify any record or file | ||||||
| 6 | any answer or otherwise appear in any proceeding for judicial | ||||||
| 7 | review unless the party filing the complaint deposits with the | ||||||
| 8 | clerk of the court the sum of $2 per page representing the | ||||||
| 9 | costs of the certification. Failure on the part of the | ||||||
| 10 | plaintiff to make such deposit shall be grounds for dismissal | ||||||
| 11 | of the action. | ||||||
| 12 | (g) The State's Attorney of the county in which the | ||||||
| 13 | violation occurred or the Attorney General shall bring such | ||||||
| 14 | actions in the name of the people of the State of Illinois and | ||||||
| 15 | may, in addition to other remedies provided in this Act, bring | ||||||
| 16 | action for an injunction to restrain such violation, impose | ||||||
| 17 | civil penalties, and enjoin the operation of any such person or | ||||||
| 18 | establishment.
| ||||||
| 19 | (410 ILCS 45/13) (from Ch. 111 1/2, par. 1313)
| ||||||
| 20 | Sec. 13.
The Department is authorized to adopt promulgate | ||||||
| 21 | reasonable
rules and regulations for carrying out the | ||||||
| 22 | provisions of this Act.
| ||||||
| 23 | (Source: P.A. 87-175.)
| ||||||
| 24 | (410 ILCS 45/14) (from Ch. 111 1/2, par. 1314)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 14. Departmental rules regulations and activities. | ||||||
| 2 | The Department shall
establish and publish rules regulations | ||||||
| 3 | and guidelines governing permissible
limits of lead in and | ||||||
| 4 | about regulated facilities residential buildings and | ||||||
| 5 | dwellings.
| ||||||
| 6 | The Department shall also initiate activities that:
| ||||||
| 7 | (a) Will either provide for or support the monitoring | ||||||
| 8 | and validation
of all medical laboratories and private and | ||||||
| 9 | public hospitals that
perform lead determination tests on | ||||||
| 10 | human blood or other tissues.
| ||||||
| 11 | (b) Will, subject to Section 7.2 of this Act, provide | ||||||
| 12 | laboratory testing
of blood specimens for lead content to | ||||||
| 13 | any physician, hospital, clinic,
free clinic, | ||||||
| 14 | municipality, or private organization
that cannot secure | ||||||
| 15 | or provide the services through other sources. The
| ||||||
| 16 | Department shall not assume responsibility for blood lead | ||||||
| 17 | analysis required
in programs currently in operation.
| ||||||
| 18 | (c) Will develop or encourage the development of | ||||||
| 19 | appropriate programs
and studies to identify sources of | ||||||
| 20 | lead intoxication and assist other
entities in the | ||||||
| 21 | identification of lead in children's blood and the sources
| ||||||
| 22 | of that intoxication.
| ||||||
| 23 | (d) May provide technical assistance and consultation | ||||||
| 24 | to local,
county, or regional governmental or private | ||||||
| 25 | agencies for the promotion
and development of lead | ||||||
| 26 | poisoning prevention programs.
| ||||||
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| 1 | (e) Will provide recommendations by the Department on | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | the subject of
identification, case management, and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | treatment of lead poisoning.
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| 4 | (f) Will maintain a clearinghouse of information, and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 5 | will develop
additional educational materials, on (i) lead | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 6 | hazards to children,
(ii) lead poisoning prevention, (iii) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 7 | lead poisoning screening,
(iv) lead mitigation, lead | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 8 | abatement, renovation, and disposal, and (v)
health | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 9 | hazards during abatement. The Department shall make this | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 10 | information
available to the general public.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 11 | (Source: P.A. 95-331, eff. 8-21-07.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 12 | (410 ILCS 45/9.2 rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 13 | (410 ILCS 45/9.3 rep.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 14 | (410 ILCS 45/11.2 rep.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 15 | (410 ILCS 45/12 rep.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 16 | Section 10. The Lead Poisoning Prevention Act is amended by | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 17 | repealing Sections 9.2, 9.3, 11.2, and 12.
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