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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Asbestos Abatement Act is amended by | ||||||||||||||||||||||||||||||||
5 | changing Sections 2, 3, 12a, and 12b and by adding Section 14a | ||||||||||||||||||||||||||||||||
6 | as follows:
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7 | (105 ILCS 105/2) (from Ch. 122, par. 1402)
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8 | Sec. 2. Legislative declaration. The General Assembly | ||||||||||||||||||||||||||||||||
9 | finds that:
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10 | (a) substantial amounts of asbestos materials were used | ||||||||||||||||||||||||||||||||
11 | throughout school
buildings during the period from 1946 to 1972 | ||||||||||||||||||||||||||||||||
12 | for fireproofing,
soundproofing, decorative and other | ||||||||||||||||||||||||||||||||
13 | purposes;
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14 | (b) exposure to asbestos fibers and particles in the air | ||||||||||||||||||||||||||||||||
15 | over a long
period of time has been linked by reputable medical | ||||||||||||||||||||||||||||||||
16 | and scientific
authorities to a significant increase in the | ||||||||||||||||||||||||||||||||
17 | incidence of disease, such as
asbestosis, bronchogenic | ||||||||||||||||||||||||||||||||
18 | carcinoma, mesothelioma, and other malignancies;
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19 | (c) precise scientific data as to the levels at which | ||||||||||||||||||||||||||||||||
20 | asbestos materials
constitute a hazard to health in educational | ||||||||||||||||||||||||||||||||
21 | settings are not yet available
and may not be available for | ||||||||||||||||||||||||||||||||
22 | many years to come because of the long period
of time which | ||||||||||||||||||||||||||||||||
23 | elapses between the onset of exposure and the appearance of
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1 | clinically detectable illness; however, mesothelioma has been | ||||||
2 | found among
individuals exposed to asbestos in some | ||||||
3 | nonoccupational settings; and
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4 | (d) in view of the fact that the State of Illinois has | ||||||
5 | compulsory attendance
laws for children of school age and these | ||||||
6 | children must be educated in a
safe and healthy environment, | ||||||
7 | the presence and condition of asbestos in
the schools is of | ||||||
8 | special concern to the General Assembly ; and .
| ||||||
9 | (e) improper asbestos removal occurs in public and | ||||||
10 | commercial buildings other than school
buildings and improper | ||||||
11 | removal or disturbance of asbestos will contaminate those | ||||||
12 | buildings and
present an imminent threat to the public health. | ||||||
13 | Therefore, it is the purpose of this Act to provide for the | ||||||
14 | identification,
containment or removal of those asbestos | ||||||
15 | materials that constitute a
significant health hazard and | ||||||
16 | repair or maintenance of those asbestos
materials that do not | ||||||
17 | constitute a significant health hazard in commercial and public | ||||||
18 | buildings to occupants and in schools
to students, school | ||||||
19 | personnel, parents and visitors
to such schools , and to provide | ||||||
20 | financial assistance to elementary and
secondary schools | ||||||
21 | within this State as provided by law . The purpose of this Act | ||||||
22 | is also to
provide the Department with authority to enforce | ||||||
23 | this Act and associated rules in all commercial
and public | ||||||
24 | buildings as defined by the Commercial and Public Building | ||||||
25 | Asbestos Abatement Act
and K-12 schools.
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26 | (Source: P.A. 84-1096.)
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1 | (105 ILCS 105/3) (from Ch. 122, par. 1403)
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2 | Sec. 3. Definitions. As used in this Act:
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3 | (a) "Asbestos" means the
asbestiform varieties of | ||||||
4 | chrysotile, amosite, crocidolite, tremolite,
anthrophyllite, | ||||||
5 | and actinolite.
| ||||||
6 | (b) "Asbestos materials" means materials formed by mixing | ||||||
7 | asbestos fibers
with other products, including but not limited | ||||||
8 | to rock wool, plaster,
cellulose, clay, vermiculite, perlite | ||||||
9 | and a variety of adhesives, and which
contain more than 1% | ||||||
10 | asbestos by weight. Some of these
materials may be sprayed on | ||||||
11 | surfaces or applied to surfaces in the form of
plaster or a | ||||||
12 | textured paint.
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13 | (c) "School" means any school district or public, private | ||||||
14 | or
nonpublic day or residential educational institution that | ||||||
15 | provides
elementary or secondary education for grade 12 or | ||||||
16 | under.
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17 | (d) "Local educational agency" means:
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18 | (1) Any local education agency
as defined in Section | ||||||
19 | 198 of the Elementary and Secondary Education Act of
1965 | ||||||
20 | (20 U.S.C. 3381).
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21 | (2) The owner of any nonpublic, nonprofit
elementary or | ||||||
22 | secondary school building.
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23 | (3) The governing authority of
any school operated | ||||||
24 | under the defense dependents' education system provided
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25 | for under the Defense Department's Education Act of 1978 |
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1 | (20 U.S.C. 921, et
seq.).
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2 | (e) "Response action" means a method, including
removal, | ||||||
3 | encapsulation, enclosure, repair, operations and maintenance, | ||||||
4 | that
protects human health and the environment from friable | ||||||
5 | ACBM.
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6 | (f) "Asbestos containing building materials" or ACBM means | ||||||
7 | surfacing
asbestos containing material or ACM, thermal system | ||||||
8 | insulation ACM
or miscellaneous ACM that is found in or on | ||||||
9 | interior
structural members or other parts of a school | ||||||
10 | building.
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11 | (g) "Friable" when referring to material in a school | ||||||
12 | building means
that the material, when dry, may be crumbled, | ||||||
13 | pulverized, or reduced to
powder by hand pressure, and includes | ||||||
14 | previously nonfriable materials after
such previously | ||||||
15 | nonfriable material becomes damaged to the extent that, when
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16 | dry, it may be crumbled, pulverized, or reduced to powder by | ||||||
17 | hand
pressure.
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18 | (h) "Asbestos Abatement Contractor" means any entity that | ||||||
19 | engages in
the removal, enclosure, or encapsulation of asbestos | ||||||
20 | containing materials
for any school.
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21 | (i) "Response action contractor" means any entity that | ||||||
22 | engages in
response action services for any school.
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23 | (j) "Friable material containment" means the encapsulation
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24 | or enclosure of any friable asbestos material in a facility.
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25 | (k) "Enclosure" means the construction of airtight walls | ||||||
26 | and ceilings
between the asbestos material and the educational |
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1 | facility environment,
or around surfaces coated with asbestos | ||||||
2 | materials, or any other appropriate
scientific procedure as | ||||||
3 | determined by the Department which prevents the
release of | ||||||
4 | asbestos materials.
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5 | (l) "Encapsulation" means the treatment of ACBM with a
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6 | material that surrounds or embeds asbestos fibers in an | ||||||
7 | adhesive matrix to
prevent the release of fibers, as the | ||||||
8 | encapsulant creates a membrane over
the surfaces (bridging | ||||||
9 | encapsulant or penetrates the material and binds its
components | ||||||
10 | together (penetrating encapsulant).
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11 | (m) "Department" means the Department of Public Health.
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12 | (n) "Director" means the Director of Public Health.
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13 | (o) "School personnel" means any employee of a school.
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14 | (p) "Student" means any student enrolled in a school.
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15 | (q) "School Building" means:
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16 | (1) Any structure suitable for use as a classroom, | ||||||
17 | including a school
facility such as a laboratory, library, | ||||||
18 | school eating facility, or facility
used for the | ||||||
19 | preparation of food.
| ||||||
20 | (2) Any gymnasium or other facility
which is specially | ||||||
21 | designed for athletic or recreational activities for an
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22 | academic course in physical education.
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23 | (3) Any other facility used for the
instruction or | ||||||
24 | housing of students or for the administration of | ||||||
25 | educational
or research programs.
| ||||||
26 | (4) Any maintenance, storage, or utility facility,
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1 | including any hallway essential to the operation of any | ||||||
2 | facility described
in this definition of "school building" | ||||||
3 | under items (1), (2), or (3).
| ||||||
4 | (5) Any portico or covered exterior hallway or walkway.
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5 | (6) Any exterior
portion of a mechanical system used to | ||||||
6 | condition interior space.
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7 | (r) "Asbestos worker" means an individual who cleans, | ||||||
8 | removes,
encapsulates, encloses, hauls or disposes of friable | ||||||
9 | asbestos material in
schools as defined in this Act.
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10 | (s) "Nonfriable" means material in a school building which, | ||||||
11 | when dry,
may not be crumbled, pulverized, or reduced to powder | ||||||
12 | by hand pressure.
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13 | (t) "Management plan" means a plan developed for a local | ||||||
14 | educational
agency for the management of asbestos in its school | ||||||
15 | buildings pursuant to
the federal Asbestos Hazard Emergency | ||||||
16 | Response Act of 1986 and the
regulations promulgated | ||||||
17 | thereunder.
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18 | (u) "Management planner" means an individual licensed by | ||||||
19 | the
Department to prepare management plans.
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20 | (v) "Project designer" means an individual licensed by the
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21 | Department to design response actions for school buildings.
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22 | (w) "Asbestos inspector" means an individual licensed by | ||||||
23 | the
Department to perform inspections of schools for the | ||||||
24 | presence of
asbestos containing materials.
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25 | (x) "Person" is any individual, partnership, | ||||||
26 | co-partnership, firm, company, limited liability
company, |
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1 | corporation, association, joint stock company, trust, estate, | ||||||
2 | political subdivision, State
agency, or any other legal entity, | ||||||
3 | or their legal representative, agent, or assigns. | ||||||
4 | (Source: P.A. 86-416; 86-1475.)
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5 | (105 ILCS 105/12a) (from Ch. 122, par. 1412a)
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6 | Sec. 12a. Emergency stop work orders. Whenever the | ||||||
7 | Department finds that
an emergency exists which requires | ||||||
8 | immediate action to protect the public
health, it may, without | ||||||
9 | notice or hearing, issue an order reciting the
existence of | ||||||
10 | such an emergency and then require that such action be taken
as | ||||||
11 | it may deem necessary to meet the emergency, including but not | ||||||
12 | limited
to the issuance of a stop work order , ordering the | ||||||
13 | evacuation and sealing of commercial and public buildings as
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14 | defined by the Commercial and Public Building Asbestos | ||||||
15 | Abatement Act,
immediate suspension of any licensed person | ||||||
16 | involved in improper removal of asbestos
materials, require | ||||||
17 | that any person found to be improperly removing asbestos | ||||||
18 | materials
immediately cease those activities and the immediate | ||||||
19 | removal of a contractor
or contractors from the list provided | ||||||
20 | for in Section 10. Notwithstanding
any other provision in this | ||||||
21 | Act, such order shall be effective immediately.
The Illinois | ||||||
22 | Attorney General or the State's Attorney and Sheriff of the | ||||||
23 | county in which the commercial or public building or school is
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24 | located shall enforce the order after receiving notice thereof. | ||||||
25 | Any person
contractor affected by such an order is entitled, |
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1 | upon request, to a hearing
as provided for in rules and | ||||||
2 | regulations promulgated pursuant to this Act.
When such | ||||||
3 | conditions are abated, in the opinion of the Department, the
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4 | Department may authorize the reinstitution of the activities | ||||||
5 | and inclusion
on the list of contractors of those activities | ||||||
6 | and contractors which were the
subject of a stop work order.
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7 | (Source: P.A. 84-951.)
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8 | (105 ILCS 105/12b) (from Ch. 122, par. 1412b)
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9 | Sec. 12b. Civil Penalties. The Department , Illinois | ||||||
10 | Attorney General, or the State's Attorney in
the county of the | ||||||
11 | county in which a violation occurs is empowered to assess
civil | ||||||
12 | penalties against a contractor inspector, management planner,
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13 | project designer, supervisor, worker, project manager, or air | ||||||
14 | sampling
professional for violations of this Act and the rules | ||||||
15 | promulgated
thereunder , pursuant to rules for such penalties | ||||||
16 | established by the
Department . Each day's violation | ||||||
17 | constitutes a separate offense. The State's Attorney of the | ||||||
18 | county in which the violation occurred or the Attorney General | ||||||
19 | shall bring such actions in the name of the people of the State | ||||||
20 | of Illinois or may, in addition to other remedies provided in | ||||||
21 | this Act, bring action for an injunction to restrain such | ||||||
22 | violation or to enjoin the operation of any such establishment.
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23 | (Source: P.A. 86-416.)
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24 | (105 ILCS 105/14a new) |
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1 | Sec. 14a. Violations. | ||||||
2 | (a) Any person who violates this Act or any rule adopted by | ||||||
3 | the Department
or who violates any determination or order of | ||||||
4 | the Department under this Act shall be guilty of a
Class A | ||||||
5 | misdemeanor. | ||||||
6 | (b)
Any person who knowingly violates this Act or the rules | ||||||
7 | adopted by the Department or who
violates any determination or | ||||||
8 | order of the Department under this Act shall be guilty of a | ||||||
9 | Class 4
felony. A person who, after being convicted under this | ||||||
10 | subsection (b), violates this subsection (b) a
second or | ||||||
11 | subsequent time, commits a Class 3 felony. | ||||||
12 | (c)
Any person who knowingly makes a false, fictitious, or | ||||||
13 | fraudulent statement, orally or in writing, to
the Department, | ||||||
14 | related to or required by this Act, a rule adopted under this | ||||||
15 | Act, any federal law or
regulation for which the Agency has | ||||||
16 | responsibility, or any determination or order of the Department
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17 | under this Act, or any permit, term, or condition thereof, | ||||||
18 | commits a Class 4 felony, and each such
statement or writing | ||||||
19 | shall be considered a separate Class 4 felony. A person who, | ||||||
20 | after being
convicted under this subsection (c), violates this | ||||||
21 | subsection (c) a second or subsequent time, commits a Class
3 | ||||||
22 | felony. | ||||||
23 | (d)
Any action brought under this Section shall be brought | ||||||
24 | by the State's Attorney of the county in which
the violation | ||||||
25 | occurred or by the Attorney General and shall be conducted in | ||||||
26 | accordance with the
applicable provisions of the Code of |
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1 | Criminal Procedure of 1963. | ||||||
2 | For an offense described in this Section, the period for | ||||||
3 | commencing prosecution prescribed by the
statute of | ||||||
4 | limitations shall not begin to run until the offense is | ||||||
5 | discovered by or reported to a State or
local agency having the | ||||||
6 | authority to investigate violations of this Act.
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7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
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