|
"Elevated blood lead level" means a blood lead level in |
excess of the those considered within the permissible limits as |
established under State and federal rules. |
"Exposed surface" means any interior or exterior surface of
|
a regulated facility. |
"High risk area" means an area in the State determined by |
the Department to
be high risk for lead exposure for children 6 |
years of age or younger. The
Department may consider, but is |
not limited to, the following factors to
determine a high risk |
area: age and condition (using Department of Housing and
Urban
|
Development definitions of "slum" and "blighted") of housing, |
proximity to
highway traffic or heavy local traffic or both, |
percentage of housing
determined as rental or vacant, proximity |
to industry using lead, established
incidence of elevated blood |
lead levels in children, percentage of population
living
below |
200% of federal poverty guidelines, and number of children |
residing in
the area who are 6 years of age or younger.
|
"Lead abatement" means any approved work practices that |
will permanently eliminate lead exposure or remove the |
lead-bearing substances in a regulated facility. The |
Department shall establish by rule which work practices are |
approved or prohibited for lead abatement. |
"Lead abatement contractor" means any person or entity |
licensed by the
Department to perform lead abatement and |
mitigation.
|
"Lead abatement supervisor" means any person employed by a |
|
lead abatement contractor and licensed by the Department to |
perform lead abatement and lead mitigation and to supervise |
lead workers who perform lead abatement and lead mitigation. |
"Lead abatement worker" means any person employed by a lead |
abatement
contractor and licensed by the Department to perform |
lead abatement and
mitigation.
|
"Lead activities" means the conduct of any lead services, |
including, lead inspection, lead risk assessment, lead |
mitigation, or lead abatement work or supervision in a |
regulated facility. |
"Lead-bearing substance" means any item containing or |
coated with lead such that the lead content is more than |
six-hundredths of one percent (0.06%) lead by total weight; or |
any dust on surfaces or in
furniture or other nonpermanent |
elements of the regulated facility; or any paint or
other |
surface coating material containing more than five-tenths of |
one
percent (0.5%) lead by total weight (calculated as lead |
metal) in the total
non-volatile content of liquid paint; or |
lead-bearing substances containing
greater than one milligram |
per square centimeter or any lower standard for
lead content in |
residential paint as may be established by federal law or rule; |
or more than 1 milligram per square centimeter in the dried
|
film of paint or previously applied substance; or item or dust |
on item containing lead in
excess of the amount specified in |
the rules authorized by
this Act or a lower standard for lead |
content as may be established by
federal law or rule. |
|
"Lead-bearing substance" does not include firearm ammunition |
or components as defined by the Firearm Owners Identification |
Card Act.
|
"Lead hazard" means a lead-bearing substance that poses an
|
immediate health hazard to humans.
|
"Lead hazard screen" means a lead risk assessment that |
involves limited dust and paint sampling for lead-bearing |
substances and lead hazards. This service is used as a |
screening tool designed to determine if further lead |
investigative services are required for the regulated |
facility. |
"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 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. |
"Lead mitigation" means the remediation, in a
manner |
described in Section 9, of a lead hazard so that the
|
lead-bearing substance does not pose an immediate
health hazard |
to humans. |
"Lead poisoning" means the condition of having an elevated |
blood lead level. blood lead levels in
excess of those |
considered safe under State and federal rules.
|
"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. |
"Lead training program provider" means any person |
providing Department-approved lead training in Illinois to |
individuals seeking licensure in accordance with the Act. |
"Low risk area" means an area in the State determined by
|
the Department to be low risk for lead exposure for children 6 |
years of age or younger. The Department may consider the |
factors named in "high risk area" to determine low
risk areas. |
"Owner" means any person, who alone, jointly, or severally |
with
others:
|
(a) Has legal title to any regulated facility, with or
|
without actual possession of the regulated facility, or
|
(b) Has charge, care, or control of the regulated |
facility as owner or agent of the owner, or as executor, |
administrator,
trustee, or guardian of the estate of the |
|
owner.
|
"Person" means any individual, partnership, firm, company, |
limited liability company, corporation, association, joint |
stock company, trust, estate, political subdivision, State |
agency, or any other legal entity, or their legal |
representative, agent, or assign.
|
"Regulated facility" means a residential building or child |
care facility. |
"Residential building" means any room, group of rooms, or |
other
interior areas of a structure designed or used for human |
habitation; common
areas accessible by inhabitants; and the |
surrounding property or structures.
|
(Source: P.A. 98-690, eff. 1-1-15.)
|
(410 ILCS 45/7) (from Ch. 111 1/2, par. 1307)
|
Sec. 7. Reports of lead poisoning required; lead |
information to remain confidential; disclosure prohibited. |
Every physician who
diagnoses, or a health care provider, |
nurse, hospital administrator, or public health officer who has
|
verified information of the
existence of a blood lead test |
result for any child or pregnant person shall report the result |
to the Department. Results identifying an elevated blood lead |
level in excess of the permissible limits set forth in rules
|
adopted by the Department shall be reported to the Department |
within 48 hours of receipt of
verification. Reports
shall |
include the name, address, laboratory results, date
of birth, |
|
and any other information about the child or pregnant person |
deemed essential by
the Department. Directors of clinical |
laboratories must report to the
Department, within 48 hours of |
receipt of verification, all
blood
lead analyses equal to or |
above an elevated blood lead level above permissible limits set |
forth in rule performed in their facility. The information |
included in the
clinical laboratories report shall include, but |
not be limited to, the child's
name, address, date of birth, |
name of physician ordering analysis, and specimen
type. All |
blood lead levels less than an elevated blood lead level the |
permissible limits set forth in rule must be reported to the |
Department in accordance
with rules adopted by the Department. |
These rules shall not require reporting
in less than 30 days |
after the end of the month in which the results
are obtained. |
All information obtained by the Department from any source and |
all information, data, reports, e-mails, letters, and other |
documents generated by the Department or any of its delegate |
agencies concerning any person subject to this Act receiving a |
blood lead test
shall be treated in
the same manner as |
information subject to the provisions of Part 21 of Article
|
VIII of the Code of Civil Procedure and shall not be disclosed. |
This prohibition on disclosure extends to all information and |
reports obtained or created by the Department or any of its |
delegate agencies concerning any regulated facility that has |
been identified as a potential lead hazard or a source of lead |
poisoning. This prohibition on disclosure does not prevent the |
|
Department or its delegates from using any information it |
obtains civilly, criminally, or administratively to prosecute |
any person who violates this Act, nor does it prevent the |
Department or its delegates from disclosing any certificate of |
compliance, notice, or mitigation order issued pursuant to this |
Act. Any physician, nurse, hospital
administrator, director of |
a
clinical laboratory, public health officer, or allied health |
professional
making a report in good faith shall be immune from |
any civil or criminal
liability that otherwise might be |
incurred from the making of a report.
|
(Source: P.A. 98-690, eff. 1-1-15.)
|
(410 ILCS 45/14) (from Ch. 111 1/2, par. 1314)
|
Sec. 14. Departmental rules and activities. The Department |
shall
establish and publish rules governing permissible
limits |
of lead in and about regulated facilities.
|
No later than 180 days after the effective date of this |
amendatory Act of the 100th General Assembly, the Department |
shall submit proposed amended rules to the Joint Committee on |
Administrative Rules to update: the definition of elevated |
blood lead level to be in accordance with the most recent |
childhood blood lead level reference value from the federal |
Centers for Disease Control and Prevention; the current |
requirements for the inspection of regulated facilities |
occupied by children based on the updated definition of |
elevated blood lead level or the history of lead hazards; and |
|
any other existing rules that will assist the Department in its |
efforts to prevent, reduce, or mitigate the negative impact of |
instances of lead poisoning among children. The changes made to |
this Section by this amendatory Act of the 100th General |
Assembly do not preclude subsequent rulemaking by the |
Department. |
The Department shall also initiate activities that:
|
(a) Either provide for or support the monitoring and |
validation
of all medical laboratories and private and |
public hospitals that
perform lead determination tests on |
human blood or other tissues.
|
(b) Subject to Section 7.2 of this Act, provide |
laboratory testing
of blood specimens for lead content to |
any physician, hospital, clinic,
free clinic, |
municipality, or private organization
that cannot secure |
or provide the services through other sources. The
|
Department shall not assume responsibility for blood lead |
analysis required
in programs currently in operation.
|
(c) Develop or encourage the development of |
appropriate programs
and studies to identify sources of |
lead intoxication and assist other
entities in the |
identification of lead in children's blood and the sources
|
of that intoxication.
|
(d) Provide technical assistance and consultation to |
local,
county, or regional governmental or private |
agencies for the promotion
and development of lead |
|
poisoning prevention programs.
|
(e) Provide recommendations by the Department on the |
subject of
identification, case management, and treatment |
of lead poisoning.
|
(f) Maintain a clearinghouse of information, and will |
develop
additional educational materials, on (i) lead |
hazards to children,
(ii) lead poisoning prevention, (iii) |
blood lead testing,
(iv) lead mitigation, lead abatement, |
and disposal, and (v)
health hazards during lead abatement. |
The Department shall make this information
available to the |
general public.
|
(Source: P.A. 98-690, eff. 1-1-15.)
|