SB3431 98TH GENERAL ASSEMBLY

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98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3431

Introduced 2/14/2014, by Sen. Thomas Cullerton

SYNOPSIS AS INTRODUCED:

415 ILCS 5/52.5 new

Amends the Environmental Protection Act. Provides that, on and after January 1, 2015, no person may knowingly cause or allow sale at wholesale or retail of a coal tar sealant product. Provides that, on and after July 1, 2016, no person may knowingly cause or allow application of a coal tar sealant product on any surface in the State of Illinois including but not limited to a driveway, parking area, playground, sidewalk, bike trail or roadway. Provides that a city or county may adopt ordinances providing for enforcement of the requirements of this provision. Provides that any violation of this provision shall be enforceable by administrative citation. Provides that penalties for violation may not exceed $1,000 for the first offense and $5,000 for a second or subsequent offense. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Environmental Protection Act is amended by adding Section 52.5 as follows:

(415 ILCS 5/52.5 new)

Sec. 52.5. Coal tar sealant use and sale prohibited.

(a) As used in this Section, "coal tar sealant product" means a surface applied sealing product containing any amount of coal tar, coal tar pitch, coal tar pitch volatiles, or any variation assigned the Chemical Abstracts Service (CAS) numbers 65996-93-2, 65996-89-6, or 8007-45-2.

(b) On and after January 1, 2015, no person may knowingly cause or allow sale at wholesale or retail of a coal tar sealant product.

(c) On and after July 1, 2016, no person may knowingly cause or allow application of a coal tar sealant product on any surface in the State of Illinois including but not limited to a driveway, parking area, playground, sidewalk, bike trail or roadway.

(d) A city or county may adopt ordinances providing for enforcement of the requirements of subsections (b) or (c) of this Section. A city or county adopting an ordinance has jurisdiction concurrent with the Agency to enforce this Section.

(e) Any violation of this Section shall be enforceable by administrative citation. Penalties under this Section may not exceed $1,000 for the first offense and $5,000 for a second or subsequent offense.

Section 99. Effective date. This Act takes effect upon becoming law.