Section 843.10  Applicability

 

The rules in this Part govern the implementation of the Comprehensive Lead Education, Reduction, and Window Replacement Program Act.

 

Section 843.15  Incorporated and Referenced Materials

 

a)      The following materials are incorporated in this Part:

 

1)         Federal Regulations:

 

A)        Lead Standard: 29 CFR 1910.1025 and 29 CFR 1926.62, Occupational Safety and Health Administration (OSHA) (2020)

 

B)        Respiratory Protection Standard: 29 CFR 1910.134, OSHA (2020)

 

C)        Lead-Based Paint Poisoning Prevention in Certain Residential Structures: 40 CFR 745, subparts D, F and L, United States Environmental Protection Agency (USEPA) (2022)

 

D)        Protection of Identity − Research Subjects: 42 CFR 2a.4, Department of Health and Human Services (2022)

 

E)        Lead-Safe Housing Rule: 24 CFR 35, Department of Housing and Urban Development (HUD) (2004)

 

F)         State or Indian Tribal Lead-Based Paint Compliance and Enforcement Programs; Flexible Remedies: 40 CFR 745, subpart Q, part 327(b)(3), USEPA (2011)

 

2)         Federal Guidelines:

 

A)        Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, Department of Housing and Urban Development (HUD) (2012), available at:  Office of Lead Hazard Control and Healthy Homes, HUD, Room 8236, 451 Seventh Street, SW, Washington DC  20410 or https://www.hud.gov/program_offices/healthy_homes/lbp/hudguidelines

 

B)        Residential Sampling for Lead: Protocols for Dust and Soil Sampling (USEPA report # EPA 747-R-95-001) (1995), available at:  Technical Programs Branch Chemical Management Division, Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, 401 M Street, SW, Washington DC  20460 or https://www.epa.gov/sites/default/files/documents/Residential_Sampling_For_Lead.pdf

 

C)        USEPA Methodology for XRF Performance Characteristic Sheets (USEPA report # EPA 747-R-95-008) (1997), available at:  Technical Programs Branch Chemical Management Division, Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, 401 M Street, SW, Washington DC  20460 or https://www.epa.gov/sites/default/files/documents/r95-008.pdf

 

D)        Laboratory Accreditation Guidelines; Measurement of Lead in Paint, Dust, and Soil (USEPA report # EPA 747-R-92-001) (March 1992), available at:  Exposure Evaluation Division, TS-798, Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, 401 M Street, SW, Washington DC  20460 or https://www.epa.gov/sites/default/files/documents/92-001.pdf

 

b)         All incorporation by reference of federal regulations or guidelines refer to the regulation or guideline on the date specified and do not include any subsequent editions or amendments.

 

c)         The following State statutes and rules are referenced in this Part:

 

1)         Comprehensive Lead Education, Reduction, and Window Replacement Program Act [410 ILCS 43]

 

2)         Lead Poisoning Prevention Act [410 ILCS 45]

 

3)         Illinois Plumbing License Law [225 ILCS 320]

 

4)         Child Care Act of 1969 [225 ILCS 10]

 

5)         Intergovernmental Cooperation Act [5 ILCS 220]

 

6)         Illinois Grant Funds Recovery Act [30 ILCS 705]

 

7)         Illinois Administrative Procedure Act [5 ILCS 100]

 

8)         Code of Civil Procedure [735 ILCS 5]

 

9)         Freedom of Information Act [5 ILCS 140]

 

10)       State Records Act [5 ILCS 160]

 

11)       Administrative Review Law [735 ILCS 5/Art. III]

 

12)       Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100)

 

13)       Laboratory Service Fees (77 Ill. Adm. Code 475)

 

14)       Illinois Plumbing Code (77 Ill. Adm. Code 890)

 

15)       Plumbers Licensing Code (68 Ill. Adm. Code 750)

 

16)       Lead Poisoning Prevention Code (77 Ill. Adm. Code 845)

 

17)       Plumbing Contractor Registration Code (77 Ill. Adm. Code 894)

 

18)       Licensing Standards for Day Care Homes (89 Ill. Adm. Code 406)

 

d)         The following federal statute is referenced in this Part:

 

Toxic Substance Control Act (TSCA) (15 U.S.C. 2685) Standards for Environment Sampling Laboratories

 

e)         The following laboratory accreditation program is referenced in this Part:  The National Lead Laboratory Accreditation Program (NLLP), available at:  https://www.epa.gov/lead/national-lead-laboratory-accreditation-program-nllap

 

Section 843.20  Definitions

 

For purposes of this Part, the following terms have the meanings ascribed in this Section:

 

"Act" means the Comprehensive Lead Education, Reduction, and Window Replacement Program Act [410 ILCS 43].

 

"Blood Lead Test" means a blood lead testing by venous or capillary methodology.

 

"Child" means a person under the age of 16.

 

"Child care facility" means any structure used by a child care provider licensed by the Department of Children and Family Services or a public or private school structure frequented by children 6 years of age or younger.

 

"Child-occupied property" means a property where a child under 6 years of age is on the property an average of at least 6 hours per week.

 

"CLEAR-WIN Program" refers to the Comprehensive Lead Education, Reduction, and Window Replacement Program created pursuant to this Act to assist property owners of single-family homes and multi-unit residential properties in the State through the Direct Assistance Program, which reduces lead paint and leaded plumbing hazards and, where necessary, through other lead hazard control techniques.

 

"Delegate agency" means a unit of local government or public agency approved by the Department to carry out the provisions of the Act for the Lead Direct Assistance Program.

 

"Department" means the Department of Public Health of the State of Illinois.

 

"Final Clearance Evaluation" means the activity of performing a visual assessment and collecting dust wipe samples following a lead abatement or lead mitigation for the purpose of determining compliance with the Department's standard for lead dust levels to ensure that lead hazard control work was successfully completed.

 

"Intact Surface" means a surface with no loose, peeling, chipping, flaking, or otherwise separating from substrate. Intact surfaces must not be damaged or worn down in any way that would make paint or debris accessible to children.

 

"Lead Abatement" means any approved work practices found in Subpart F of the Illinois Lead Poisoning Prevention Code (77 Ill. Adm. Code 845) that will permanently eliminate lead exposure or remove the lead-bearing substances in a regulated facility.

 

"Lead hazard" means a lead-bearing substance that poses an immediate health hazard to humans. Lead hazard includes a condition in which exposure to lead from lead-contaminated dust, lead-contaminated soil, deteriorated lead-based paint, or lead in water from a plumbing system.

 

"Lead inspection" means a surface-by-surface investigation to determine the presence of lead-based paint.

 

"Lead inspector" means an individual who has been trained by a Department-approved training program (see 77 Ill. Adm. Code 845, Subpart C) and is licensed by the Department to conduct lead inspections; to sample for the presence of lead in paint, dust, soil, and water; and to conduct compliance investigations.

 

"Leaded plumbing" means that portion of a building's potable water plumbing that is suspected or known to contain lead or lead-containing material as indicated by lead in potable water samples. Leaded plumbing includes lead service lines.

 

"Lead risk assessment" means an on-site investigation to determine the existence, nature, severity, and location of lead hazards. "Lead risk assessment" includes any lead sampling and visual assessment associated with conducting a lead risk assessment and lead hazard screen and all lead sampling associated with compliance investigations.

 

"Lead risk assessor" means an individual who has been trained by a Department-approved training program and is licensed by the Department to conduct lead risk assessments, lead inspections, and lead hazard screens; to sample for the presence of lead in paint, dust, soil, water, and sources for lead-bearing substances; and to conduct compliance investigations.

 

"Low-income" means a household at or below 80% of the median income level for a given county as determined annually by the U.S. Department of Housing and Urban Development.

 

"Mitigation" means the remediation of a lead hazard so that a lead-bearing substance does not pose an immediate health hazard to humans.

 

"Person" means an individual, corporation, partnership, firm, organization, or association, acting individually or as a group.

 

"Plumber" means licensed plumber, licensed apprentice plumber, and registered plumbing contractors as set forth in the Illinois Plumbing License Law [225 ILCS 320].

 

"Plumbing" has the meaning ascribed to that term in the Illinois Plumbing Licensing Law.

 

"Recipient" means a person receiving direct assistance under the Act.

 

"Residential property" means a single-family residence or renter-occupied property with up to 8 units.

SUBPART B: RESPONSIBILITIES OF FUND RECIPIENTS

 

Section 843.50  Lead Direct Assistance Program (LDAP)

 

a)         The purpose of the Lead Direct Assistance Program is to employ primary prevention strategies to prevent childhood lead poisoning.  The following shall apply to application for and implementation of assistance under LDAP and to the administration of LDAP by the Department and its delegate agencies.

 

b)         LDAP Application Evaluation Criteria

 

1)         Applicants have read and intend to comply with the Lead Safe Housing Maintenance Standards provided by the Department (see Section 843.90); and

 

2)         If the property is a rental property, the recipient must also certify that he or she will continue to rent to the same tenant or other low-income tenant for a period of not less than 5 years following completion of the work [410 ILCS 43/16(b)].

 

3)         Applications for assistance will be evaluated for funding when a complete application on forms developed by the Department or its agents is submitted. Assistance is subject to availability of program funding and covered costs cannot exceed the assessed value of the property.

 

A)        Assistance may be approved for owner-occupied properties when:

 

i)          the property contains lead hazards;

 

ii)         the property is a child-occupied property, a child care facility, or the residence of a pregnant woman; and

 

iii)        the owner is low-income.

 

B)        Assistance may be approved for rental properties when:

 

i)          the property contains lead hazards; and

 

ii)         50% or more of the renters in the residential property are low-income.

 

C)        Assistance may be approved for any residence that is subject to a Lead Mitigation Notice or Order issued by the Department or its delegate.

 

c)         Work Authorized by LDAP

Work that may be completed with funding provided pursuant to LDAP includes the following:

 

1)         Abatement of lead hazards in residential properties associated with lead-based paint, dust, and soil;

 

2)         Removal and replacement of lead hazards in residential properties associated with leaded plumbing including, but not limited to, lead service lines.

 

d)         An applicant that does not meet the criteria in subsection (b) or otherwise will not be a fund recipient will be notified by the Department’s delegate agency.

 

Section 843.60  Validation and Reporting

 

a)         Validation

 

1)         All work to abate lead-based paint, soil and dust and leaded plumbing hazards which funds are expended pursuant to LDAP shall be documented by Department-licensed Lead Inspectors or Lead Risk Assessors with respect to meeting final clearance evaluation requirements as set forth in the Lead Poisoning Prevention Code (77 Ill. Adm. Code 845). If the residence is licensed by the Illinois Department of Child and Family Services (DCFS) as a child care facility, lead in water mitigation measures and validation sampling shall also comply with the applicable requirements contained within the DCFS licensing standards, 89 Ill. Adm. Code 406 and 408;

 

2)         All work to remove or replace leaded plumbing hazards for which funds are expended pursuant to LDAP shall be performed by plumbers licensed and registered in accordance with the Illinois Plumbing License Law and inspected by an Illinois-certified plumbing inspector in accordance with Section 890.1910 of the Illinois Plumbing Code and Section 750.730 of the Plumbers Licensing Code; and

 

3)         Completion of contractual work requirements established between the person completing the work and the Department’s delegate agencies shall be deemed satisfactory only after the Department has determined that all work performed complies with all applicable codes and standards and has met all of the contractual obligations.

 

b)         Reporting

Delegate agencies of the Department acting pursuant to an intergovernmental agreement shall report the following on forms created by the Department:

 

1)         Quarterly report to the Department including the number of LDAP applications received sorted by zip code, the number of approved LDAP projects, the number of LDAP projects in progress, the total amount of funds allocated and spent on LDAP projects and the number of LDAP applications denied and reasons for application denial;

 

2)         Upon becoming aware, report any violations of the Act or this Part to the Department;

 

3)         Annually provide a detailed report of the properties, work conducted, funds expended, and such other relevant data as may be included in the intergovernmental agreement to the Department.  Said report shall be submitted to the Department on or before January 31 of each calendar year; and

 

4)         Cooperate with and provide access to all records requested by the Department or its delegate agency for purposes of producing reports required by the Act and this Part.

SUBPART C: STANDARDS FOR MITIGATION AND ABATEMENT OF LEAD HAZARDS

 

Section 843.70  Lead Hazard Identification

 

a)         All lead inspections shall be conducted by a Department-licensed Lead Inspector or Lead Risk Assessor in accordance with the Lead Poisoning Prevention Code.

 

b)         All lead hazard identification or risk assessments shall be performed by a Department-licensed Lead Risk Assessor in accordance with the Lead Poisoning Prevention Code.

 

c)         All final clearance evaluations shall be conducted by a Department-licensed Lead Inspector or Lead Risk Assessor in accordance with the Lead Poisoning Prevention Code.

 

Section 843.80  Mitigation and Abatement of Lead-Based Paint, Soil and Dust Hazards

 

a)         All lead-based paint, soil and dust hazard mitigation and abatement shall be conducted by a Department-licensed Lead Abatement Contractor in accordance with the Lead Poisoning Prevention Code.

 

b)         Additional repairs and clean-up costs associated with a failed final clearance evaluation, including follow-up tests, shall be the responsibility of the person performing the work under the LDAP [410 ILCS 43/16(d)].

 

Section 843.85  Replacement of Leaded Plumbing Materials

 

a)         All replacement of leaded plumbing materials shall be performed by plumbers licensed and registered in accordance with the Illinois Plumbing License Law and inspected by an Illinois-certified plumbing inspector in accordance with Section 890.1910 of the Illinois Plumbing Code and Section 750.730 of the Plumbers Licensing Code.

 

b)         All replacement of leaded plumbing materials shall comply with the requirements of the Illinois Plumbing Code.

 

c)         When a lead service line is replaced under the LDAP, a complete lead service line replacement must be performed in accordance with Section 17.12 of the Environmental Protection Act [415 ILCS 5/17.12].  The property owner must provide notice to the owner or operator of the community water supply at least 45 days before commencing the lead service line replacement. In the case of an emergency repair, the owner of the potentially affected building must provide filters for each kitchen area that are certified by an accredited third-party certification body to meet the standards of NSF/ANSI 53 and NSF/ANSI 42 for the reduction of lead and particulate.

 

d)         Upon completion of the replacement of leaded plumbing materials, each work area shall pass a visual inspection and final acceptable lead in water hazard evaluation performed by a Department-licensed Lead Risk Assessor in accordance with the Lead Poisoning Prevention Code.  If the residence is licensed by the Illinois Department of Child and Family Services (DCFS) as a child care facility, lead in water mitigation measures and validation sampling shall also comply with the applicable requirements contained within the DCFS licensing standards (89 Ill. Adm. Code 406, 407, and 408).

SUBPART D: LEAD SAFE HOUSING MAINTENANCE STANDARDS

 

Section 843.90  Lead Safe Housing Maintenance Standards and Requirements

 

a)         Except for properties where all lead-based paint, leaded plumbing, or other identified lead hazards have been removed, successful LDAP applicants shall agree to the responsibilities described in Department-approved Lead Safe Housing Maintenance Standards upon completion of lead abatement or mitigation. These shall include, but not be limited to:

 

1)         Employing lead-safe cleaning methods following contracted work;

 

2)         Actions to be taken by owners and tenants where deteriorated paint, water leaks or water damage has occurred;

 

3)         Ensuring that the entire property is cleaned prior to vacancy or turnover to new tenant or ownership;

 

4)         Ensuring that identified leaded plumbing materials are replaced and actions to be taken by owners and tenants prior to and after replacement;

 

5)         Employing a lead abatement contractor to conduct work on known lead-bearing surfaces that have not previously been addressed;

 

6)         Allowing the Department or LDAP administrative agency reasonable access to the property for up to five years for the purpose of inspection to ensure these requirements are being met.

 

b)         A signed copy of the Lead Safe Housing Maintenance Standards shall be provided to the owner and occupant, and the original will be kept by the LDAP administrative agency. A copy shall be provided to all current and future occupants of the child care facility or residential property.

 

c)         Failure to maintain properties in accordance with these standards is a violation of the Act and this Part and may subject the recipient to fines and penalties pursuant to Section 16(g) of the Act.

SUBPART E: FINES, PENALTIES AND ADMINISTRATIVE HEARINGS

 

Section 843.100  Enforcement and Penalties

 

a)         All lead abatement contractors, lead abatement supervisors, lead abatement workers, lead inspectors and lead risk assessors are subject to administrative penalties in accordance with the Lead Poisoning Prevention Act [410 ILCS 45], the Lead Poisoning Prevention Code, the Act and this Part.

 

b)         All plumbers are subject to administrative penalties in accordance with the Illinois Plumbing License Law [225 ILCS 320], the Illinois Plumbing Code (77 Ill. Adm. Code 890), the Act and this Part.

 

c)         In addition to any other action authorized by the Act or this Part, the Department of Public Health is authorized to assess administrative fines and penalties, as established by the Department by rule, for persons violating rules adopted by the Department under this Act or this Part. (Section 5(d)(3) of the Act) The Department shall determine whether a fine will be assessed and the amount of any such fine.

 

d)         The Department may consider the following criteria independently or aggregately to determine whether a fine shall be assessed:

 

1)         Whether the person has previously been cited for a violation of the Act or this Part, except that any previously cited violation shall not be considered if the violation was held to be unfounded by a final order of the Department or by a court, or if any previous citations for violations occurred more than 3 years prior;

 

2)         Whether the violation is of such nature as to result in the possibility of injury or other harm to the environment; to the person's agents or employees; to the building owner, users or occupants; or to the general public;

 

3)         Whether the violation appears to be the result of any degree of negligence by the person or by the person's agents or employees;

 

4)         Whether the person demonstrated good faith efforts to correct the violation upon receipt of oral or written notice of the violation and whether such actions in fact corrected the violation;

 

5)         Whether the person falsified any record keeping information required by the Act or this Part;

 

6)         Whether the person submitted an application containing false information for LDAP;

 

7)         Whether the person submitted invoices pursuant to contract(s) for which the work is not completed or was not completed in accordance with the contract or any applicable code or standard;

 

8)         Whether the actions of the person caused or threatened to cause or exacerbate the lead poisoning of a child or pregnant person;

 

9)         Whether the person does not submit appropriate and complete documentation as required by the Act and this Part;

 

10)       Whether the person has performed work in violation of the Lead Poisoning Prevention Act [410 ILCS 45] or the Lead Poisoning Prevention Code;

 

11)       Whether the person has performed work in violation with the Illinois Plumbing License Law [225 ILCS 320] or the Illinois Plumbing Code;

 

12)       Whether the person failed to maintain the property in compliance with the Lead Safe Housing Maintenance Standards in Section 843.90;

 

13)       Whether the person failed to ensure the rental property was rented to the same tenant or other low-income tenant for a period of not less than 5 years following the completion of the work;

 

14)       Whether the person failed to comply with the conditions of the LDAP (see Sections 843.50 through 843.90); and

 

15)       Whether the person failed to comply with the Act or this Part.

 

e)         Criteria to determine the amount of a fine or penalty for a violation of any provision of the Act or of this Part are as follows.  All amounts determined pursuant to these criteria shall be added together to determine the total fine against the person.

 

1)         First violation − the person may be issued a fine of up to $5,000.

 

2)         Each day that a violation exists shall constitute a separate or repeat violation.

 

3)         Repeat violation − the person may be issued a minimum fine of $5,000 plus additional fines calculated below:

 

A)        For each violation that may cause or result in harm or injury to the health or safety of the agents or employees of the person present:  $100 multiplied by the number of agents or employees present at any time on the date of the violation.

 

B)        For each violation that may cause or result in harm or injury to the health or safety of the building owners or users, occupants of the building or the general public:  $100 multiplied by the number of persons present at the child care facility or residential property at any time on the date of violation.

 

C)        For each violation that may cause or result in contamination with lead dust or debris of any part of the child care facility or residential property other than the work area:  $5,000.

 

D)        For each violation that may cause or result in contamination with lead dust or debris of any surrounding areas to the child care facility or residential property:  $5,000.

 

4)         The Department shall serve notice of fine and/or penalty assessments, and shall provide the same rights and opportunity for hearing as provided in the Department’s rules of Practice and Procedure in Administrative Hearings and this Section.  In the event that a person fails to request a hearing within 20 days after the notice has been mailed, the person shall be deemed to have waived the right to an administrative hearing.

 

5)         All fine or penalty assessments that are upheld in whole or in part by final order of the Department shall be due in full at the conclusion of the time period for filing for administrative review pursuant to the Administrative Review Law, unless the person has within that time filed proceedings in administrative review specifically appealing the fine or penalty assessment and unless the court has stayed enforcement of the fine or penalty assessment.  All fines and money penalties due to the Department shall be deposited in the CLEAR-Win Fund.

 

6)         Civil actions, including for reimbursement, damages, and money penalties, and criminal actions may be brought by the Attorney General or the State’s Attorney for the county in which the violation occurs (see Section 16(g) of the Act).

 

Section 843.120  Administrative Hearings

 

All hearings shall be conducted pursuant to the Act and the Department's rules of Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100).