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1 | AN ACT concerning public health.
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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 Lead Poisoning Prevention Act is amended by | ||||||
5 | changing Sections 2, 3, 4, 5, 6, 6.01, 6.1, 6.2, 6.3, 7, 7.1, | ||||||
6 | 7.2, 8, 8.1, 8.2, 9, 9.1, 9.4, 10, 11, 11.05, 11.1, 13, and 14 | ||||||
7 | and by adding Sections 8.3 and 12.2 as follows:
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8 | (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
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9 | Sec. 2. Definitions. As used in this Act:
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10 | "Abatement" means the removal or encapsulation of all | ||||||
11 | leadbearing
substances in a residential building or dwelling | ||||||
12 | unit.
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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 .
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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 | "Delegate agency" means a unit of local government or | ||||||
23 | health
department approved by the Department to carry out the |
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1 | provisions of this Act.
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2 | "Department" means the Department of Public Health of the | ||||||
3 | State of
Illinois .
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4 | "Director" means the Director of Public Health. | ||||||
5 | "Dwelling" means any structure all or part of which is | ||||||
6 | designed or
used for human habitation.
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7 | "Dwelling unit" means an individual unit within a | ||||||
8 | residential building used as living quarters for one household. | ||||||
9 | "Elevated blood lead level" means a blood lead level in | ||||||
10 | excess of those considered within the permissible limits as | ||||||
11 | established under State and federal rules. | ||||||
12 | "Exposed surface" means any interior or exterior surface of
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13 | a regulated facility. | ||||||
14 | "High risk area" means an area in the State determined by | ||||||
15 | the Department to
be high risk for lead exposure for children | ||||||
16 | through 6 years of age or younger . The
Department may shall | ||||||
17 | consider, but is not be limited to, the following factors to
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18 | determine a high risk area: age and condition (using Department | ||||||
19 | of Housing and
Urban
Development definitions of "slum" and | ||||||
20 | "blighted") of housing, proximity to
highway traffic or heavy | ||||||
21 | local traffic or both, percentage of housing
determined as | ||||||
22 | rental or vacant, proximity to industry using lead, established
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23 | incidence of elevated blood lead levels in children, percentage | ||||||
24 | of population
living
below 200% of federal poverty guidelines, | ||||||
25 | and number of children residing in
the area who are 6 years of | ||||||
26 | age or younger.
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1 | "Exposed surface" means any interior or exterior surface of | ||||||
2 | a dwelling or
residential building.
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3 | "Lead abatement" means any approved work practices that | ||||||
4 | will permanently eliminate lead exposure or remove the | ||||||
5 | lead-bearing substances in a regulated facility. The | ||||||
6 | Department shall establish by rule which work practices are | ||||||
7 | approved or prohibited for lead abatement. | ||||||
8 | "Lead abatement contractor" means any person or entity | ||||||
9 | licensed by the
Department to perform lead abatement and | ||||||
10 | mitigation.
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11 | "Lead abatement supervisor" means any person employed by a | ||||||
12 | lead abatement contractor and licensed by the Department to | ||||||
13 | perform lead abatement and lead mitigation and to supervise | ||||||
14 | lead workers who perform lead abatement and lead mitigation. | ||||||
15 | "Lead abatement worker" means any person employed by a lead | ||||||
16 | abatement
contractor and licensed by the Department to perform | ||||||
17 | lead abatement and
mitigation.
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18 | "Lead activities" means the conduct of any lead services, | ||||||
19 | including, lead inspection, lead risk assessment, lead | ||||||
20 | mitigation, or lead abatement work or supervision in a | ||||||
21 | regulated facility. | ||||||
22 | "Lead-bearing substance" "Lead bearing substance" means | ||||||
23 | any item containing or coated with lead such that the lead | ||||||
24 | content is more than six-hundredths of one percent (0.06%) lead | ||||||
25 | by total weight; or any dust on surfaces or in
furniture or | ||||||
26 | other nonpermanent elements of the regulated facility |
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1 | dwelling ; or any paint or
other surface coating material | ||||||
2 | containing more than five-tenths of one
percent (0.5%) lead by | ||||||
3 | total weight (calculated as lead metal) in the total
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4 | non-volatile content of liquid paint; or lead-bearing lead | ||||||
5 | bearing substances containing
greater than one milligram per | ||||||
6 | square centimeter or any lower standard for
lead content in | ||||||
7 | residential paint as may be established by federal law or rule
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8 | regulation ; or more than 1 milligram per square centimeter in | ||||||
9 | the dried
film of paint or previously applied substance; or | ||||||
10 | item or dust on item containing lead in
excess of the amount | ||||||
11 | specified in the rules and regulations authorized by
this Act | ||||||
12 | or a lower standard for lead content as may be established by
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13 | federal law or rule regulation . "Lead-bearing substance" "Lead | ||||||
14 | bearing substance" does not include firearm ammunition or | ||||||
15 | components as defined by the Firearm Owners Identification Card | ||||||
16 | Act.
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17 | "Lead hazard" means a lead-bearing lead bearing substance | ||||||
18 | that poses an
immediate health hazard to humans.
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19 | "Lead hazard screen" means a lead risk assessment that | ||||||
20 | involves limited dust and paint sampling for lead-bearing | ||||||
21 | substances and lead hazards. This service is used as a | ||||||
22 | screening tool designed to determine if further lead | ||||||
23 | investigative services are required for the regulated | ||||||
24 | facility. | ||||||
25 | "Lead inspection" means a surface-by-surface investigation | ||||||
26 | to determine the presence of lead-based paint. |
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1 | "Lead inspector" means an individual who has been trained | ||||||
2 | by a Department-approved training program and is licensed by | ||||||
3 | the Department to conduct lead inspections; to sample for the | ||||||
4 | presence of lead in paint, dust, soil, and water; and to | ||||||
5 | conduct compliance investigations. | ||||||
6 | "Lead mitigation" means the remediation, in a
manner | ||||||
7 | described in Section 9, of a lead hazard so that the
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8 | lead-bearing substance does not pose an immediate
health hazard | ||||||
9 | to humans. | ||||||
10 | "Lead poisoning" means the condition of having blood lead | ||||||
11 | levels in
excess of those considered safe under State and | ||||||
12 | federal rules and regulations .
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13 | "Low risk area" means an area in the State determined by | ||||||
14 | the Department to
be low risk for lead exposure for children | ||||||
15 | through 6 years of age. The
Department shall consider the | ||||||
16 | factors named in "high risk area" to determine
low risk areas.
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17 | "Mitigation" means the remediation, in a manner described | ||||||
18 | in Section 9,
of a lead hazard so that the lead bearing | ||||||
19 | substance does not pose an
immediate health hazard to humans.
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20 | "Lead risk assessment" means an on-site investigation to | ||||||
21 | determine the existence, nature, severity, and location of lead | ||||||
22 | hazards. "Lead risk assessment" includes any lead sampling and | ||||||
23 | visual assessment associated with conducting a lead risk | ||||||
24 | assessment and lead hazard screen and all lead sampling | ||||||
25 | associated with compliance investigations. | ||||||
26 | "Lead risk assessor" means an individual who has been |
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1 | trained by a Department-approved training program and is | ||||||
2 | licensed by the Department to conduct lead risk assessments, | ||||||
3 | lead inspections, and lead hazard screens; to sample for the | ||||||
4 | presence of lead in paint, dust, soil, water, and sources for | ||||||
5 | lead-bearing substances; and to conduct compliance | ||||||
6 | investigations. | ||||||
7 | "Lead training program provider" means any person | ||||||
8 | providing Department-approved lead training in Illinois to | ||||||
9 | individuals seeking licensure in accordance with the Act. | ||||||
10 | "Low risk area" means an area in the State determined by
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11 | the Department to be low risk for lead exposure for children 6 | ||||||
12 | years of age or younger. The Department may consider the | ||||||
13 | factors named in "high risk area" to determine low
risk areas. | ||||||
14 | "Owner" means any person, who alone, jointly, or severally | ||||||
15 | with
others:
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16 | (a) Has legal title to any regulated facility dwelling | ||||||
17 | or residential building , with or
without accompanying | ||||||
18 | actual possession of the regulated facility dwelling or | ||||||
19 | residential
building , or
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20 | (b) Has charge, care , or control of the regulated | ||||||
21 | facility dwelling or residential
building as owner or agent | ||||||
22 | of the owner, or as executor, administrator,
trustee, or | ||||||
23 | guardian of the estate of the owner.
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24 | "Person" means any individual, partnership, firm, company, | ||||||
25 | limited liability company, corporation, association, joint | ||||||
26 | stock company, trust, estate, political subdivision, State |
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1 | agency, or any other legal entity, or their legal | ||||||
2 | representative, agent, or assign one or more natural persons, | ||||||
3 | legal entities,
governmental bodies, or any combination .
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4 | "Regulated facility" means a residential building or child | ||||||
5 | care facility. | ||||||
6 | "Residential building" means any room, group of rooms, or | ||||||
7 | other
interior areas of a structure designed or used for human | ||||||
8 | habitation; common
areas accessible by inhabitants; and the | ||||||
9 | surrounding property or structures.
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10 | "Risk assessment" means a questionnaire to be developed by | ||||||
11 | the Department
for use by physicians and other health care | ||||||
12 | providers to determine risk factors
for children through 6 | ||||||
13 | years of age residing in areas designated as low risk
for lead | ||||||
14 | exposure.
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15 | (Source: P.A. 94-879, eff. 6-20-06.)
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16 | (410 ILCS 45/3) (from Ch. 111 1/2, par. 1303)
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17 | Sec. 3. Lead-bearing Lead bearing substance use. No person | ||||||
18 | shall use or apply lead-bearing
lead bearing substances:
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19 | (a) In or upon any exposed surface of a regulated facility | ||||||
20 | dwelling or dwelling unit ;
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21 | (b) (Blank) In or around the exposed surfaces of a child | ||||||
22 | care facility or
other structure frequented by children ;
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23 | (c) In or upon any fixtures or other objects used, | ||||||
24 | installed, or located
in or upon any exposed surface of a | ||||||
25 | regulated facility dwelling or residential building,
or child |
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1 | care facility , or intended
to be so used, installed, or located | ||||||
2 | and that, in the ordinary course of
use, are accessible to or | ||||||
3 | chewable by children;
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4 | (d) In or upon any items, including, but not limited to, | ||||||
5 | clothing, accessories, jewelry, decorative objects, edible | ||||||
6 | items, candy, food, dietary supplements, toys, furniture, or | ||||||
7 | other articles used by or intended to be
chewable by children;
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8 | (e) Within or upon a regulated facility residential | ||||||
9 | building or dwelling, child care
facility, school , playground, | ||||||
10 | park, or recreational
area, or other areas regularly frequented | ||||||
11 | by children.
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12 | (Source: P.A. 94-879, eff. 6-20-06.)
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13 | (410 ILCS 45/4) (from Ch. 111 1/2, par. 1304)
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14 | Sec. 4. Sale of items containing lead-bearing lead bearing | ||||||
15 | substance. No person shall sell, have, offer for sale, or | ||||||
16 | transfer toys,
furniture, clothing, accessories, jewelry, | ||||||
17 | decorative objects, edible items, candy, food, dietary | ||||||
18 | supplements, or other articles used by or intended to be | ||||||
19 | chewable by children that contains a lead-bearing lead bearing | ||||||
20 | substance.
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21 | (Source: P.A. 94-879, eff. 6-20-06.)
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22 | (410 ILCS 45/5) (from Ch. 111 1/2, par. 1305)
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23 | Sec. 5. Sale of objects containing lead-bearing lead | ||||||
24 | bearing substance. No person
shall sell or transfer or offer |
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1 | for sale or transfer any fixtures or other
objects intended to | ||||||
2 | be used, installed, or located in or upon any surface
of a | ||||||
3 | regulated facility dwelling or residential building, or child | ||||||
4 | care facility , that
contains a lead-bearing lead bearing | ||||||
5 | substance and that, in the ordinary course of use,
are | ||||||
6 | accessible to or chewable by children.
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7 | (Source: P.A. 94-879, eff. 6-20-06.)
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8 | (410 ILCS 45/6) (from Ch. 111 1/2, par. 1306)
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9 | Sec. 6. Warning statement. | ||||||
10 | (a) Definitions. As used in this Section: | ||||||
11 | "Body piercing jewelry" means any part of jewelry that is
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12 | manufactured or sold for placement in a new piercing or a | ||||||
13 | mucous
membrane, but does not include any part of that jewelry | ||||||
14 | that is not
placed within a new piercing or a mucous membrane. | ||||||
15 | "Children's jewelry" means jewelry that is made for, | ||||||
16 | marketed for use by, or marketed to children under the age of | ||||||
17 | 12 and includes jewelry that meets any of the following | ||||||
18 | conditions: | ||||||
19 | (1) represented in its packaging, display, or | ||||||
20 | advertising as appropriate for use by children under the | ||||||
21 | age of 12; | ||||||
22 | (2) sold in conjunction with, attached to, or packaged | ||||||
23 | together with other products that are packaged, displayed, | ||||||
24 | or advertised as appropriate for use by children under the | ||||||
25 | age of 12; |
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1 | (3) sized for children and not intended for use by | ||||||
2 | adults; or | ||||||
3 | (4) sold in any of the following places: a vending | ||||||
4 | machine; a retail store, catalogue, or online Web site in | ||||||
5 | which a person exclusively offers for sale products that | ||||||
6 | are packaged, displayed, or advertised as appropriate for | ||||||
7 | use by children; or a discrete portion of a retail store, | ||||||
8 | catalogue, or online Web site in which a person offers for | ||||||
9 | sale products that are packaged, displayed or advertised as | ||||||
10 | appropriate for use by children. | ||||||
11 | "Child care article" means an item that is designed or | ||||||
12 | intended by the manufacturer to facilitate the sleep, | ||||||
13 | relaxation, or feeding of children under the age of 6 years of | ||||||
14 | age or younger or to help with children under the age of 6 | ||||||
15 | years of age or younger who are sucking or teething. An item | ||||||
16 | meets this definition if it is (i) designed or intended to be | ||||||
17 | used directly in the mouth by the child or (ii) is used to | ||||||
18 | facilitate sleep, relaxation, or feeding of children under the | ||||||
19 | age of 6 years of age or younger or help with children under | ||||||
20 | the age of 6 years of age or younger who are sucking or | ||||||
21 | teething and, because of its proximity to the child, is likely | ||||||
22 | to be mouthed, chewed, sucked, or licked. | ||||||
23 | "Jewelry" means any of the following ornaments worn by a | ||||||
24 | person: | ||||||
25 | (A) Ankle bracelet. | ||||||
26 | (B) Arm cuff. |
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1 | (C) Bracelet. | ||||||
2 | (D) Brooch. | ||||||
3 | (E) Chain. | ||||||
4 | (F) Crown. | ||||||
5 | (G) Cuff link. | ||||||
6 | (H) Hair accessory. | ||||||
7 | (I) Earring. | ||||||
8 | (J) Necklace. | ||||||
9 | (K) Decorative pin. | ||||||
10 | (L) Ring. | ||||||
11 | (M) Body piercing jewelry. | ||||||
12 | (N) Jewelry placed in the mouth for display or | ||||||
13 | ornament. | ||||||
14 | (O) Any charm, bead, chain, link, pendant, or other | ||||||
15 | component of the items listed in this definition. | ||||||
16 | (P) A charm, bead, chain, link, pendant, or other | ||||||
17 | attachment to
shoes or clothing that can be removed and may | ||||||
18 | be used as a component
of an item listed in this | ||||||
19 | definition. | ||||||
20 | (Q) A watch in which a timepiece is a component of an | ||||||
21 | item
listed in this definition, excluding the timepiece | ||||||
22 | itself if the
timepiece can be removed from the ornament. | ||||||
23 | "Toy containing paint" means a toy with an accessible | ||||||
24 | component containing any external coating, including, but not | ||||||
25 | limited to, paint, ink, lacquer, or screen printing, designed | ||||||
26 | for or intended for use by children under the age of 12 at |
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1 | play. For the purposes of this Section, "toy" is any object | ||||||
2 | designed, manufactured, or marketed as a plaything for children | ||||||
3 | under the age of 12 and is excluded from the definitions of | ||||||
4 | "child care article" and "jewelry". In determining whether a | ||||||
5 | toy containing paint is designed for or intended for use by | ||||||
6 | children under the age of 12, the following factors shall be | ||||||
7 | considered: | ||||||
8 | (i) a statement by a manufacturer about the intended | ||||||
9 | use of the product, including a label on the product, if | ||||||
10 | such statement is reasonable; | ||||||
11 | (ii) whether the product is represented in its | ||||||
12 | packaging, display, promotion, or advertising as | ||||||
13 | appropriate for children under the age of 12; and | ||||||
14 | (iii) whether the product is commonly recognized by | ||||||
15 | consumers as being intended for use by a child under the | ||||||
16 | age of 12. | ||||||
17 | (b) Children's products. Effective January 1, 2010, no | ||||||
18 | person, firm, or corporation shall sell, have, offer for sale, | ||||||
19 | or transfer the items listed in this Section that contain a | ||||||
20 | total lead content in any component part of the item that is | ||||||
21 | more than 0.004% (40 parts per million) but less than 0.06% | ||||||
22 | (600 parts per million) by total weight or a lower standard for | ||||||
23 | lead content as may be established by federal or State law or | ||||||
24 | rule regulation unless that item bears a warning statement that | ||||||
25 | indicates that at least one component part of the item contains | ||||||
26 | lead. |
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1 | The warning statement for items covered under this | ||||||
2 | subsection (b) shall contain at least the following: "WARNING: | ||||||
3 | CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. COMPLIES WITH | ||||||
4 | FEDERAL STANDARDS.". | ||||||
5 | An entity is in compliance with this subsection (b) if the | ||||||
6 | warning statement is provided on the children's product or on | ||||||
7 | the label on the immediate container of the children's product.
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8 | This subsection (b) does not apply to any product for which | ||||||
9 | federal law governs warning in a manner that preempts State | ||||||
10 | authority. | ||||||
11 | The warning statement required under this subsection (b) is | ||||||
12 | not required if the component parts of the item containing lead | ||||||
13 | are inaccessible to a child through normal and reasonably | ||||||
14 | foreseeable use and abuse as defined by the United States | ||||||
15 | Consumer Product Safety Commission. | ||||||
16 | The warning statement required under this subsection (b) is | ||||||
17 | not required if the component parts in question are exempt from | ||||||
18 | third-party testing as determined by the United States Consumer | ||||||
19 | Product Safety Commission. | ||||||
20 | (c) Other lead-bearing lead bearing substance. No person, | ||||||
21 | firm, or corporation shall have,
offer for sale, sell, or give | ||||||
22 | away any lead-bearing lead bearing substance that may be
used | ||||||
23 | by the general public, except as otherwise provided in | ||||||
24 | subsection (b) of this Section, unless it bears the warning | ||||||
25 | statement as
prescribed by federal rule regulation . (i) If no | ||||||
26 | rule regulation is prescribed , the
warning statement shall be |
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1 | as follows when the lead-bearing lead bearing substance is a | ||||||
2 | lead-based paint or surface coating: "WARNING--CONTAINS LEAD. | ||||||
3 | MAY BE HARMFUL IF EATEN OR CHEWED. See Other Cautions on
(Side | ||||||
4 | or Back) Panel. Do not apply on toys, or other children's | ||||||
5 | articles,
furniture, or interior, or exterior exposed surfaces | ||||||
6 | of any residential
building or facility that may be occupied or | ||||||
7 | used by children. KEEP OUT OF
THE REACH OF CHILDREN.". (ii) If | ||||||
8 | no rule regulation is prescribed , the warning statement shall | ||||||
9 | be as follows when the lead-bearing lead bearing substance | ||||||
10 | contains lead-based paint or a form of lead other than | ||||||
11 | lead-based paint: "WARNING CONTAINS LEAD. MAY BE HARMFUL IF | ||||||
12 | EATEN OR CHEWED. MAY GENERATE DUST CONTAINING LEAD. KEEP OUT OF | ||||||
13 | THE REACH OF CHILDREN.".
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14 | For the purposes of this subsection (c), the generic term | ||||||
15 | of a product, such as "paint" may be substituted
for the word | ||||||
16 | "substance" in the above labeling.
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17 | (d) The warning statements on items covered in subsections | ||||||
18 | (a), (b), and (c) of this Section shall be in accordance with, | ||||||
19 | or substantially similar to, the following: | ||||||
20 | (1) the statement shall be located in a prominent place | ||||||
21 | on the item or package such that consumers are likely to | ||||||
22 | see the statement when it is examined under retail | ||||||
23 | conditions; | ||||||
24 | (2) the statement shall be conspicuous and not obscured | ||||||
25 | by other written matter; | ||||||
26 | (3) the statement shall be legible; and |
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1 | (4) the statement shall contrast with the typography, | ||||||
2 | layout and color of the other printed matter. | ||||||
3 | Compliance with 16 C.F.R. 1500.121 adopted under the | ||||||
4 | Federal Hazardous Substances Act constitutes compliance with | ||||||
5 | this subsection (d). | ||||||
6 | (e) The manufacturer or importer of record shall be | ||||||
7 | responsible for compliance with this Section. | ||||||
8 | (f) Subsection (c) of this Section does not apply to any | ||||||
9 | component part of a consumer electronic product, including, but | ||||||
10 | not limited to, personal computers, audio and video equipment, | ||||||
11 | calculators, wireless phones, game consoles, and handheld | ||||||
12 | devices incorporating a video screen used to access interactive | ||||||
13 | software and their associated peripherals, that is not | ||||||
14 | accessible to a child through normal and reasonably foreseeable | ||||||
15 | use of the product. A component part is not accessible under | ||||||
16 | this subsection (f) if the component part is not physically | ||||||
17 | exposed by reason of a sealed covering or casing and does not | ||||||
18 | become physically exposed through reasonably foreseeable use | ||||||
19 | and abuse of the product. Paint, coatings, and electroplating, | ||||||
20 | singularly or in any combination, are not sufficient to | ||||||
21 | constitute a sealed covering or casing for purposes of this | ||||||
22 | Section. Coatings and electroplating are sufficient to | ||||||
23 | constitute a sealed covering for connectors, power cords, USB | ||||||
24 | cables, or other similar devices or components used in consumer | ||||||
25 | electronics products.
| ||||||
26 | (Source: P.A. 97-612, eff. 1-1-12.)
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| |||||||
1 | (410 ILCS 45/6.01)
| ||||||
2 | Sec. 6.01. Warning statement where supplies sold. | ||||||
3 | (a) Any retailer, store, or commercial establishment that | ||||||
4 | offers paint or other supplies intended for the removal of | ||||||
5 | paint shall display, in a prominent and easily visible | ||||||
6 | location, a poster containing, at a minimum, the following: | ||||||
7 | (1) a statement that dry sanding and dry scraping of | ||||||
8 | paint in regulated facilities dwellings built before 1978 | ||||||
9 | is dangerous; | ||||||
10 | (2) a statement that the improper removal of old paint | ||||||
11 | is a significant source of lead dust and the primary cause | ||||||
12 | of lead poisoning; and | ||||||
13 | (3) contact information where consumers can obtain | ||||||
14 | more information. | ||||||
15 | (b) The Department shall provide sample posters and | ||||||
16 | brochures that commercial establishments may use. The | ||||||
17 | Department shall make these posters and brochures available in | ||||||
18 | hard copy and via download from the Department's Internet | ||||||
19 | website. | ||||||
20 | (c) A commercial establishment shall be deemed to be in | ||||||
21 | compliance with this Section if the commercial establishment | ||||||
22 | displays lead poisoning prevention posters or provides | ||||||
23 | brochures to its customers that meet the minimum requirements | ||||||
24 | of this Section but come from a source other than the | ||||||
25 | Department.
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1 | (Source: P.A. 94-879, eff. 6-20-06.)
| ||||||
2 | (410 ILCS 45/6.1) (from Ch. 111 1/2, par. 1306.1)
| ||||||
3 | Sec. 6.1. Removal of leaded soil. The Department shall, in | ||||||
4 | consultation
with the Illinois Environmental Protection Agency | ||||||
5 | IEPA , specify safety guidelines for workers undertaking | ||||||
6 | removal or
covering of leaded soil. Soil inspection | ||||||
7 | requirements shall apply to
inspection of regulated | ||||||
8 | residential buildings or child care facilities subject to the
| ||||||
9 | requirements of this Section.
| ||||||
10 | (Source: P.A. 87-175.)
| ||||||
11 | (410 ILCS 45/6.2) (from Ch. 111 1/2, par. 1306.2)
| ||||||
12 | Sec. 6.2. Testing Physicians to screen children and | ||||||
13 | pregnant persons .
| ||||||
14 | (a) Any Every physician licensed to practice medicine in | ||||||
15 | all its branches or health care provider who sees or treats or
| ||||||
16 | health care provider shall screen children 6 months through 6 | ||||||
17 | years
of age or younger shall test those children for
lead | ||||||
18 | poisoning when those children who are determined to reside in | ||||||
19 | an area defined as high risk
by the Department. Children | ||||||
20 | residing in areas defined as low risk by the
Department shall | ||||||
21 | be evaluated assessed for risk by the Childhood Lead Risk | ||||||
22 | Questionnaire a risk assessment procedure developed
by the | ||||||
23 | Department and tested if indicated . Children shall be evaluated | ||||||
24 | screened , in accordance with rules adopted by the Department |
| |||||||
| |||||||
1 | guidelines
and criteria set forth by the
American Academy of | ||||||
2 | Pediatrics, at the priority intervals and using the
methods | ||||||
3 | specified in the guidelines .
| ||||||
4 | (b) Each licensed, registered, or approved health care | ||||||
5 | facility serving
children from 6 months through 6 years of age | ||||||
6 | or younger , including but not
limited to,
health departments, | ||||||
7 | hospitals, clinics, and health maintenance
organizations | ||||||
8 | approved, registered, or licensed by the Department, shall take
| ||||||
9 | the appropriate steps to ensure that children 6 years of age or | ||||||
10 | younger be evaluated for risk or tested for the patients | ||||||
11 | receive lead poisoning or both
screening, where medically | ||||||
12 | indicated or appropriate .
| ||||||
13 | (c) Children 7 6 years and older and pregnant persons may | ||||||
14 | also be tested screened by physicians or
health care providers, | ||||||
15 | in accordance with rules adopted by the Department guidelines | ||||||
16 | and criteria set forth
by the American Academy of Pediatrics, | ||||||
17 | according to the priority intervals
specified in the | ||||||
18 | guidelines . Physicians and health care providers shall also | ||||||
19 | evaluate
screen children for lead poisoning in conjunction with | ||||||
20 | the school health
examination, as required under the School | ||||||
21 | Code, 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) (Blank). Nothing in this Section shall be construed to | ||||||
3 | require any child
to undergo a lead blood level screening or | ||||||
4 | test whose parent or guardian
objects on the grounds that the | ||||||
5 | screening or 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, positive
results of all
blood
lead | ||||||
10 | analyses above permissible limits set forth in rule performed | ||||||
11 | in their facility. The information included in the
clinical | ||||||
12 | laboratories report shall include, but not be limited to, the | ||||||
13 | child's
name, address, date of birth, name of physician | ||||||
14 | ordering analysis, and specimen
type. All blood lead levels | ||||||
15 | less than the permissible limits set forth in rule negative | ||||||
16 | results must be reported to the Department in accordance
with | ||||||
17 | rules adopted by the Department. These rules shall not require | ||||||
18 | reporting
in less than 30 days after the end of the month in | ||||||
19 | which the negative results
are obtained. All information | ||||||
20 | obtained by the Department from any source and all information, | ||||||
21 | data, reports, e-mails, letters, and other documents generated | ||||||
22 | by the Department or any of its delegate agencies concerning | ||||||
23 | any person subject to this Act receiving a blood lead test
| ||||||
24 | reports shall be treated in
the same manner as information | ||||||
25 | subject to the provisions of Part 21 of Article
VIII of the | ||||||
26 | Code of Civil Procedure and shall not be disclosed. This |
| |||||||
| |||||||
1 | prohibition on disclosure extends to all information and | ||||||
2 | reports obtained or created by the Department or any of its | ||||||
3 | delegate agencies concerning any regulated facility that has | ||||||
4 | been identified as a potential lead hazard or a source of lead | ||||||
5 | poisoning . Any physician, nurse, hospital
administrator, | ||||||
6 | director of a
clinical laboratory, public health officer, or | ||||||
7 | allied health professional
making a report in good faith shall | ||||||
8 | be immune from any civil or criminal
liability that otherwise | ||||||
9 | might be incurred from the making of a report.
| ||||||
10 | (Source: P.A. 89-381, eff. 8-18-95; 90-182, eff. 1-1-98.)
| ||||||
11 | (410 ILCS 45/7.1) (from Ch. 111 1/2, par. 1307.1)
| ||||||
12 | Sec. 7.1. Requirements for child Child care facilities must | ||||||
13 | require lead blood level
screening for admission . Each By | ||||||
14 | January 1, 1993, each day care center, day
care home, | ||||||
15 | preschool, nursery school, kindergarten, or other child care
| ||||||
16 | facility, licensed or approved by the State, including such | ||||||
17 | programs
operated by a public school district, shall include a | ||||||
18 | requirement that each
parent or legal guardian of a child | ||||||
19 | between one and 7 between the ages of 6 months through 6
years | ||||||
20 | of age provide a statement from a physician or health care | ||||||
21 | provider that the
child has been risk assessed for risk of lead | ||||||
22 | poisoning or tested or both , as provided in Section 6.2 , if the | ||||||
23 | child
resides in an area defined as low risk by the Department, | ||||||
24 | or screened for
lead poisoning as provided for in Section 6.2, | ||||||
25 | if the child resides in an
area
defined as high risk . This |
| |||||||
| |||||||
1 | statement shall be
provided prior to admission and subsequently | ||||||
2 | in conjunction with required
physical examinations.
| ||||||
3 | Nothing in this Section shall be construed to require any | ||||||
4 | child
to undergo a lead blood level screening or test whose | ||||||
5 | parent or guardian
objects on the grounds that the screening or | ||||||
6 | test conflicts with his or her
religious beliefs.
| ||||||
7 | Child care facilities that participate in the Illinois | ||||||
8 | Child Care Assistance Program (CCAP) shall annually send or | ||||||
9 | deliver to the parents or guardians of children enrolled in the | ||||||
10 | facility's care an informational pamphlet regarding awareness | ||||||
11 | of lead paint poisoning. Pamphlets shall be produced and made | ||||||
12 | available by the Department and shall be downloadable from the | ||||||
13 | Department's Internet website. The Department of Human | ||||||
14 | Services and the Department of Public Health shall assist in | ||||||
15 | the distribution of the pamphlet.
| ||||||
16 | (Source: P.A. 94-879, eff. 6-20-06.)
| ||||||
17 | (410 ILCS 45/7.2) (from Ch. 111 1/2, par. 1307.2)
| ||||||
18 | Sec. 7.2. Laboratory fees for blood lead testing screening ; | ||||||
19 | Lead Poisoning Fund.
| ||||||
20 | (a) The Department may establish fees according to a | ||||||
21 | reasonable fee
structure to cover the cost of providing a | ||||||
22 | testing service for laboratory
analysis of blood lead tests and | ||||||
23 | any necessary follow-up. Fees collected
from the Department's | ||||||
24 | testing service shall be placed in a special fund in
the State | ||||||
25 | treasury known as the Lead Poisoning Screening, Prevention, and
|
| |||||||
| |||||||
1 | Abatement Fund. Other State and federal funds for expenses | ||||||
2 | related to lead
poisoning screening, follow-up, treatment, and | ||||||
3 | abatement programs may also
be placed in the Fund. Moneys shall | ||||||
4 | be appropriated from the Fund to the
Department of Public | ||||||
5 | Health solely for the implementation and enforcement of this | ||||||
6 | Act the purposes of providing lead
screening, follow-up, and | ||||||
7 | treatment programs .
| ||||||
8 | (b) The Department shall apply to the Department of | ||||||
9 | Healthcare and Family Services for all approved lead testing | ||||||
10 | and evaluation activities for Medicaid-eligible children. | ||||||
11 | Established Current Procedural Terminology (CPT) Codes shall | ||||||
12 | be used to determine billable lead poisoning prevention | ||||||
13 | services. Funds shall be placed in the Lead Poisoning | ||||||
14 | Screening, Prevention, and Abatement Fund. | ||||||
15 | (c) Any delegate agency may establish fees, according to a | ||||||
16 | reasonable
fee structure, to cover the costs of drawing blood | ||||||
17 | for blood lead testing and evaluation screening
and any | ||||||
18 | 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 dwelling units buildings occupied or | ||||||
22 | previously occupied by a person with an elevated blood lead | ||||||
23 | level screening positive . A representative of the Department, | ||||||
24 | or delegate agency, shall may , after
notification that an | ||||||
25 | occupant of a regulated facility the dwelling unit in question |
| |||||||
| |||||||
1 | is found to
have an elevated a blood lead level as value of the | ||||||
2 | value set forth in Section 7, upon
presentation of the | ||||||
3 | appropriate credentials to the owner, occupant, or his
| ||||||
4 | representative, inspect the affected dwelling units dwelling | ||||||
5 | or dwelling units , at reasonable times,
for the purposes of | ||||||
6 | ascertaining that all surfaces accessible to children
are | ||||||
7 | intact and in good repair, and for purposes of ascertaining the
| ||||||
8 | existence of lead-bearing lead bearing substances. Such | ||||||
9 | representative of the
Department, or delegate agency, may | ||||||
10 | remove samples or objects necessary for
laboratory analysis, in | ||||||
11 | the determination of the presence of lead-bearing
substances in | ||||||
12 | the regulated facilities designated dwelling or dwelling unit .
| ||||||
13 | If a regulated facility building is occupied by a child of | ||||||
14 | less than 3 years
of age with an elevated blood lead level | ||||||
15 | screening positive , the Department, in addition to all
other | ||||||
16 | requirements of this Section, must inspect the dwelling
unit | ||||||
17 | and common place area of the child with an elevated blood lead | ||||||
18 | level screening positive . | ||||||
19 | Following the inspection, the Department or its delegate | ||||||
20 | agency shall:
| ||||||
21 | (1) Prepare an inspection report which shall:
| ||||||
22 | (A) State the address of the 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 lead | ||||||
26 | bearing
substance in the dwelling unit.
|
| |||||||
| |||||||
1 | (C) State whether any lead-bearing lead bearing | ||||||
2 | substances were found in the dwelling unit.
| ||||||
3 | (D) Describe the nature, extent, and location of | ||||||
4 | any lead-bearing 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 | dwelling unit. If a lead-bearing lead
bearing substance is | ||||||
18 | found, at the time of providing a copy of the
inspection | ||||||
19 | report, the Department or its delegate agency shall attach | ||||||
20 | 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 45/8.2) (from Ch. 111 1/2, par. 1308.2)
| ||||||
20 | Sec. 8.2. Warrant procedures. If the occupant of a | ||||||
21 | regulated facility
residential building or dwelling designated | ||||||
22 | for inspection
under Section 8 refuses to allow inspection, an | ||||||
23 | agent of the
Department or of the Department's delegate agency | ||||||
24 | may apply
for a search warrant to permit entry. A court may | ||||||
25 | issue a
warrant upon receiving verification a showing that a |
| |||||||
| |||||||
1 | victim of lead poisoning
resides or has recently resided in the | ||||||
2 | regulated
facility during the previous 6 months residential | ||||||
3 | building .
The findings of the inspection shall be reported to | ||||||
4 | the
Department and to the appropriate enforcement authorities
| ||||||
5 | established in this Act.
| ||||||
6 | (Source: P.A. 87-175.)
| ||||||
7 | (410 ILCS 45/8.3 new) | ||||||
8 | Sec. 8.3. Stop work orders. Whenever the Department or its | ||||||
9 | delegate agency finds that a situation exists that requires | ||||||
10 | immediate action to protect the public health, it may, without | ||||||
11 | notice or hearing, issue an order requiring that such action be | ||||||
12 | taken as it may deem necessary to protect the public health, | ||||||
13 | including, but not limited to, the issuance of a stop work | ||||||
14 | order, ordering the immediate suspension of any improper | ||||||
15 | activities that may disturb a lead-bearing surface, and | ||||||
16 | requiring that any person found to be improperly conducting | ||||||
17 | such activities immediately cease work. Notwithstanding any | ||||||
18 | other provision in this Act, such order shall be effective | ||||||
19 | immediately. The Attorney General, State's Attorney, or | ||||||
20 | Sheriff of the county in which the property is located has | ||||||
21 | authority to enforce the order after receiving notice thereof. | ||||||
22 | Any person subject to such an order is entitled, upon written | ||||||
23 | request to the Department, to a hearing to determine the | ||||||
24 | continued validity of the order.
|
| |||||||
| |||||||
1 | (410 ILCS 45/9) (from Ch. 111 1/2, par. 1309)
| ||||||
2 | Sec. 9. Procedures upon determination of lead hazard.
| ||||||
3 | (1) If the inspection report identifies a lead hazard, the | ||||||
4 | Department or
delegate agency shall serve a mitigation notice | ||||||
5 | on the property owner that the
owner is required to mitigate | ||||||
6 | the lead hazard, and shall indicate the time
period specified | ||||||
7 | in this Section in which the owner must complete the
| ||||||
8 | mitigation. The notice shall include information describing | ||||||
9 | mitigation
activities which meet the requirements of this Act.
| ||||||
10 | (2) If the inspection report identifies a lead hazard, the | ||||||
11 | owner shall
mitigate the lead hazard in a manner prescribed by | ||||||
12 | the Department and within
the time limit prescribed by this | ||||||
13 | Section. The Department shall adopt rules
regarding acceptable | ||||||
14 | methods of mitigating a lead hazard. If the source of the
lead | ||||||
15 | hazard identified in the inspection report is lead paint or any | ||||||
16 | other lead-bearing
leaded surface coating, the lead hazard | ||||||
17 | shall be deemed to have been mitigated
if:
| ||||||
18 | (A) the The surface identified as the source of the | ||||||
19 | lead hazard is no longer in
a condition that produces a | ||||||
20 | hazardous level of lead leaded chips, flakes, dust
or any | ||||||
21 | other form of lead-bearing leaded substance, that can be | ||||||
22 | ingested or inhaled by
humans , or ;
| ||||||
23 | (B) If the surface identified as the source of the lead | ||||||
24 | hazard is no longer accessible
to children and could not | ||||||
25 | reasonably be chewed on by children ; or , the surface
| ||||||
26 | coating is either removed or covered, the surface is |
| |||||||
| |||||||
1 | removed, or the access
to the leaded surface by children is | ||||||
2 | otherwise prevented as prescribed
by the Department. | ||||||
3 | (C) the surface coating identified as the source of the | ||||||
4 | lead hazard is either removed
or covered, or child access | ||||||
5 | to the lead-bearing surface is otherwise prevented as
| ||||||
6 | prescribed by the Department.
| ||||||
7 | (3) Mitigation activities which involve the destruction or | ||||||
8 | disturbance of
any lead-bearing leaded surface shall be | ||||||
9 | conducted by a licensed lead abatement contractor
using | ||||||
10 | licensed lead abatement supervisors or lead abatement workers. | ||||||
11 | The Department may prescribe by rule
mitigation activities that | ||||||
12 | may be performed without a licensed lead abatement contractor , | ||||||
13 | lead abatement supervisor, or lead abatement
worker. The | ||||||
14 | Department may, on a case by case basis, grant a waiver of the
| ||||||
15 | requirement to use licensed lead abatement contractors , lead | ||||||
16 | abatement supervisors, and lead abatement workers, provided
| ||||||
17 | the waiver does not endanger the health or safety of humans.
| ||||||
18 | (4) The Department shall establish procedures whereby an | ||||||
19 | owner,
after receiving a mitigation notice under this Section, | ||||||
20 | may submit a
mitigation plan to the Department or delegate | ||||||
21 | agency for review and approval.
| ||||||
22 | (5) When a mitigation notice is issued for a dwelling unit | ||||||
23 | inspected as a
result of an elevated blood lead level in a | ||||||
24 | pregnant person woman or a child, or if
the dwelling unit is | ||||||
25 | occupied by a child under 6 years of age or younger or a | ||||||
26 | pregnant person
woman , the owner shall mitigate the hazard |
| |||||||
| |||||||
1 | within 30 days of receiving the
notice; when no such child or | ||||||
2 | pregnant person occupies the dwelling unit otherwise , the owner | ||||||
3 | shall complete the mitigation within 90 days.
| ||||||
4 | (6) An owner may apply to the Department or its delegate | ||||||
5 | agency
for an extension of the deadline for mitigation. If the | ||||||
6 | Department or its
delegate agency determines that the owner is | ||||||
7 | making substantial progress
toward mitigation, or that the | ||||||
8 | failure to meet the deadline is the result
of a shortage of | ||||||
9 | licensed lead abatement contractors , lead abatement | ||||||
10 | supervisors, or lead abatement workers, or that the
failure to | ||||||
11 | meet the deadline is because the owner is awaiting the review
| ||||||
12 | and approval of a mitigation plan, the Department or delegate | ||||||
13 | agency may
grant an extension of the deadline.
| ||||||
14 | (7) The Department or its delegate agency may, after the | ||||||
15 | deadline set for
completion of mitigation, conduct a follow-up | ||||||
16 | inspection of any dwelling unit for
which a mitigation notice | ||||||
17 | was issued for the purpose of determining whether the
| ||||||
18 | mitigation actions required have been completed and whether the | ||||||
19 | activities have
sufficiently mitigated the lead hazard as | ||||||
20 | provided under this Section. The
Department or its delegate | ||||||
21 | agency may conduct a follow-up inspection upon the
request of | ||||||
22 | an owner or resident. If, upon completing the follow-up | ||||||
23 | inspection,
the Department or its delegate agency finds that | ||||||
24 | the lead hazard for which the
mitigation notice was issued is | ||||||
25 | not mitigated, the Department or its delegate
agency shall | ||||||
26 | serve the owner with notice of the deficiency and a mitigation
|
| |||||||
| |||||||
1 | order. The order shall indicate the specific actions the owner | ||||||
2 | must
take to comply with the mitigation requirements of this | ||||||
3 | Act, which may
include lead abatement if lead abatement is the | ||||||
4 | sole means by which the lead hazard
can be mitigated. The order | ||||||
5 | shall also include the date by which the
mitigation shall be | ||||||
6 | completed. If, upon completing the follow-up
inspection, the | ||||||
7 | Department or delegate agency finds that the mitigation
| ||||||
8 | requirements of this Act have been satisfied, the Department or | ||||||
9 | delegate
agency shall provide the owner with a certificate of | ||||||
10 | compliance stating
that the required mitigation has been | ||||||
11 | accomplished.
| ||||||
12 | (Source: P.A. 87-175; 87-1144.)
| ||||||
13 | (410 ILCS 45/9.1) (from Ch. 111 1/2, par. 1309.1)
| ||||||
14 | Sec. 9.1. Owner's obligation to give notice. An owner of a | ||||||
15 | regulated facility
dwelling unit or residential building who | ||||||
16 | has received a mitigation notice
under Section 9 of this Act | ||||||
17 | shall, before entering into a new lease
agreement or sales | ||||||
18 | contract for the dwelling unit for which the
mitigation notice | ||||||
19 | was issued, provide prospective lessees or purchasers of that
| ||||||
20 | unit with written notice that a lead hazard has previously been
| ||||||
21 | identified in the dwelling unit, unless the owner has obtained | ||||||
22 | a
certificate of compliance for the unit under Section 9. An | ||||||
23 | owner
may satisfy this notice requirement by providing the | ||||||
24 | prospective
lessee or purchaser with a copy of the inspection | ||||||
25 | report prepared pursuant to Section 9.
|
| |||||||
| |||||||
1 | Before entering into a residential lease agreement or sales | ||||||
2 | contract , all owners
of regulated facilities containing | ||||||
3 | dwelling units residential buildings or dwelling units built | ||||||
4 | before 1978
shall give prospective lessees or purchasers | ||||||
5 | information on the potential
health hazards posed by lead in | ||||||
6 | regulated facilities residential dwellings by providing the
| ||||||
7 | prospective lessees or purchasers lessee with a copy of an | ||||||
8 | informational brochure prepared by the
Department. Within one | ||||||
9 | year of the effective date of this amendatory Act of
1992, | ||||||
10 | owners of residential buildings or dwelling units built before | ||||||
11 | 1978 shall
provide current lessees with such brochure.
| ||||||
12 | (Source: P.A. 87-1144.)
| ||||||
13 | (410 ILCS 45/9.4)
| ||||||
14 | Sec. 9.4. Owner's obligation to post notice. The owner of a | ||||||
15 | regulated facility dwelling unit or residential building who | ||||||
16 | has received a mitigation notice under Section 9 of this Act | ||||||
17 | shall post notices at all entrances to in common areas of the | ||||||
18 | regulated facility building specifying the identified lead | ||||||
19 | hazards. The posted notices, drafted by the Department and sent | ||||||
20 | to the property owner with the notification of lead hazards, | ||||||
21 | shall indicate the following: | ||||||
22 | (1) that a unit or units in the building have been | ||||||
23 | found to have lead hazards; | ||||||
24 | (2) that other units in the building may have lead | ||||||
25 | hazards; |
| |||||||
| |||||||
1 | (3) that the Department recommends that children 6 | ||||||
2 | years of age or younger receive a blood lead testing | ||||||
3 | screening ; | ||||||
4 | (4) where to seek further information; and | ||||||
5 | (5) whether 2 or more mitigation notices have been | ||||||
6 | issued for the regulated facility 2 or more dwelling units | ||||||
7 | within a 5-year period of time. | ||||||
8 | Once the owner has complied with a mitigation notice or | ||||||
9 | mitigation order issued by the Department, the owner may remove | ||||||
10 | the notices posted pursuant to this Section.
| ||||||
11 | (Source: P.A. 94-879, eff. 6-20-06.)
| ||||||
12 | (410 ILCS 45/10) (from Ch. 111 1/2, par. 1310)
| ||||||
13 | Sec. 10.
The Department, or representative of a unit of | ||||||
14 | local government or
health department approved by the | ||||||
15 | Department for this purpose, shall report any
violation of this | ||||||
16 | Act to the State's Attorney of the county in which the
| ||||||
17 | regulated facility dwelling is located, who has then shall the | ||||||
18 | authority to charge the owner with a Class
A misdemeanor, and | ||||||
19 | who shall take additional measures to ensure insure that rent | ||||||
20 | is
withheld from the owner by the occupants of the dwelling or | ||||||
21 | dwelling units
affected, until the mitigation requirements | ||||||
22 | under Section 9 of this Act are
complied with.
| ||||||
23 | No tenant shall be evicted because an individual with an | ||||||
24 | elevated blood
lead level or with suspected lead poisoning | ||||||
25 | resides in the dwelling unit,
or because rent is withheld under |
| |||||||
| |||||||
1 | the provisions of this Act, or because of
any action required | ||||||
2 | of the dwelling owner of the regulated facility as a result of | ||||||
3 | enforcement of
this Act.
| ||||||
4 | In cases where no action is taken which will result in the | ||||||
5 | remedy of the
hazard created by the lead-bearing substances | ||||||
6 | within the stated time
period, the local health officer and the | ||||||
7 | local building officials may as
practical utilize such | ||||||
8 | community resources as are available to effect the
relocation | ||||||
9 | of the individuals who occupied the dwelling or dwelling unit
| ||||||
10 | affected until the remedy is made by the owner.
| ||||||
11 | (Source: P.A. 87-175; 87-1144.)
| ||||||
12 | (410 ILCS 45/11) (from Ch. 111 1/2, par. 1311)
| ||||||
13 | Sec. 11. Lead abatement; Manner of mitigation of lead | ||||||
14 | hazards. All lead abatement and lead mitigation shall be
| ||||||
15 | accomplished in a manner prescribed by the Department, which | ||||||
16 | will not endanger the health or well-being of
residential | ||||||
17 | building or dwelling unit occupants of regulated facilities , | ||||||
18 | and will
result in the safe
removal from the premises, and the | ||||||
19 | safe disposition, of flakes, chips, debris,
dust, and other | ||||||
20 | potentially harmful materials. The Department shall establish, | ||||||
21 | by rule, work practice requirements for lead abatement and lead | ||||||
22 | mitigation.
| ||||||
23 | (Source: P.A. 87-175; 87-1144; 88-670, eff. 12-2-94.)
| ||||||
24 | (410 ILCS 45/11.05)
|
| |||||||
| |||||||
1 | Sec. 11.05. Advisory Council.
| ||||||
2 | (a) The General Assembly finds the following:
| ||||||
3 | (1) Lead-based paint poisoning is a potentially | ||||||
4 | devastating
but preventable disease and is the number one
| ||||||
5 | environmental threat to children's health in the United
| ||||||
6 | States.
| ||||||
7 | (2) The number of lead-poisoned children in Illinois is | ||||||
8 | among
the highest in the nation, especially in older, | ||||||
9 | affordable
properties.
| ||||||
10 | (3) Lead poisoning causes irreversible damage to the
| ||||||
11 | development of a child's nervous system. Even at low and
| ||||||
12 | moderate levels, lead poisoning causes learning
| ||||||
13 | disabilities, speech problems, shortened attention span,
| ||||||
14 | hyperactivity, and behavioral problems. Recent research
| ||||||
15 | links high levels of lead exposure to lower IQ scores and
| ||||||
16 | to juvenile delinquency.
| ||||||
17 | (4) Older housing is the number one risk factor for | ||||||
18 | childhood
lead poisoning. Properties built before 1950 are
| ||||||
19 | statistically much more likely to contain lead-based paint
| ||||||
20 | hazards than buildings constructed more recently.
| ||||||
21 | (5) Illinois ranks 10th out of the 50 states in
the age | ||||||
22 | of its housing stock. More than 50% of the
housing units in | ||||||
23 | Chicago and in Rock Island, Peoria,
Macon, Madison, and | ||||||
24 | Kankakee counties were built before
1960 and more than 43% | ||||||
25 | of the housing units in St. Clair,
Winnebago, Sangamon, | ||||||
26 | Kane, and Cook counties were built
before 1950.
|
| |||||||
| |||||||
1 | (6) There are nearly 1.4 million households with | ||||||
2 | lead-based
paint hazards in Illinois.
| ||||||
3 | (7) Most children are lead-poisoned in their own homes
| ||||||
4 | through exposure to lead dust from deteriorated lead-paint
| ||||||
5 | surfaces, like windows, and when lead paint deteriorates or
| ||||||
6 | is disturbed through home renovation and repainting.
| ||||||
7 | (8) The control of lead hazards significantly reduces | ||||||
8 | lead poisoning
rates. Other communities, including New | ||||||
9 | York City
and Milwaukee, have successfully reduced lead | ||||||
10 | poisoning
rates by removing lead-based paint hazards on | ||||||
11 | windows.
| ||||||
12 | (9) Windows are considered a higher lead exposure risk
| ||||||
13 | more often than other components in a housing unit. Windows
| ||||||
14 | are a major contributor of lead dust in the home, due to
| ||||||
15 | both weathering conditions and friction effects on paint.
| ||||||
16 | (10) There is an insufficient pool of licensed lead
| ||||||
17 | abatement workers and contractors to address the problem in
| ||||||
18 | some areas of the State.
| ||||||
19 | (11) Training, insurance, and licensing costs for lead
| ||||||
20 | removal workers are prohibitively high.
| ||||||
21 | (12) Through grants from the United States Department | ||||||
22 | of Housing and
Urban Development, some communities in | ||||||
23 | Illinois have begun
to reduce lead poisoning of children. | ||||||
24 | While this is an
ongoing effort, it addresses only a small | ||||||
25 | number of the
low-income children statewide in communities | ||||||
26 | with high
levels of lead paint in the housing stock.
|
| |||||||
| |||||||
1 | (b) For purposes of this Section:
| ||||||
2 | "Advisory Council" means the Lead-Safe Housing Advisory
| ||||||
3 | Council created under subsection (c).
| ||||||
4 | "Lead-Safe Housing Maintenance Standards" or "Standards"
| ||||||
5 | means standards developed by the Advisory Council pursuant
to | ||||||
6 | this Section.
| ||||||
7 | "Low-income" means a household at or below 80% of the | ||||||
8 | median
income level for a given county as determined annually | ||||||
9 | by
the United States Department of Housing and Urban
| ||||||
10 | Development.
| ||||||
11 | "Primary prevention" means removing lead hazards before a | ||||||
12 | child is
poisoned
rather than relying on identification of a | ||||||
13 | lead poisoned child as the
triggering event.
| ||||||
14 | (c) The Lead-Safe Housing Advisory
Council is created to | ||||||
15 | advise the Department on lead poisoning prevention
activities. | ||||||
16 | The Advisory Council shall be
chaired by the Director or his or | ||||||
17 | her designee and the chair of the Illinois
Lead Safe Housing | ||||||
18 | Task Force and provided with administrative support by the
| ||||||
19 | Department. The Advisory Council shall be comprised of (i) the | ||||||
20 | directors, or
their designees, of the Illinois Housing | ||||||
21 | Development Authority and the
Environmental Protection Agency; | ||||||
22 | and (ii) the directors, or their designees,
of public health | ||||||
23 | departments of counties identified by the Department that
| ||||||
24 | contain communities with a concentration of
high-risk, | ||||||
25 | lead-contaminated properties.
| ||||||
26 | The Advisory Council shall also include the following |
| |||||||
| |||||||
1 | members appointed by
the Governor:
| ||||||
2 | (1) One representative from the Illinois Association | ||||||
3 | of Realtors.
| ||||||
4 | (2) One representative from the insurance industry.
| ||||||
5 | (3) Two pediatricians or other physicians with
| ||||||
6 | knowledge of lead-paint poisoning.
| ||||||
7 | (4) Two representatives from the private-sector, lead | ||||||
8 | abatement
lead-based-paint-abatement
industry who are | ||||||
9 | licensed in
Illinois as a lead an abatement contractor, | ||||||
10 | lead abatement supervisor, lead abatement
worker, lead | ||||||
11 | inspector, or lead risk assessor.
| ||||||
12 | (5) Two representatives from community based | ||||||
13 | organizations in
communities with a concentration of high | ||||||
14 | risk lead contaminated properties.
High-risk
communities | ||||||
15 | shall be identified based upon the prevalence of low-income
| ||||||
16 | families whose
children are lead poisoned and the age of | ||||||
17 | the housing stock.
| ||||||
18 | (6) At least 3 lead-safe housing advocates, including
| ||||||
19 | (i) the parent of a lead-poisoned child, (ii) a
| ||||||
20 | representative from a child advocacy organization,
and | ||||||
21 | (iii) a representative from a tenant housing
organization.
| ||||||
22 | (7) One representative from the Illinois paint and | ||||||
23 | coatings industry. | ||||||
24 | Within 9 months after its
formation, the Advisory Council
| ||||||
25 | shall submit a written report to the Governor and the General | ||||||
26 | Assembly on:
|
| |||||||
| |||||||
1 | (1) developing a primary prevention program for | ||||||
2 | addressing lead
poisoning;
| ||||||
3 | (2) developing a sufficient pool of lead abatement | ||||||
4 | workers and
contractors;
| ||||||
5 | (3) targeting blood lead testing for screening to | ||||||
6 | children residing in high-risk
buildings and | ||||||
7 | neighborhoods;
| ||||||
8 | (4) ensuring lead-safe work practices in all | ||||||
9 | remodeling, rehabilitation,
and weatherization work;
| ||||||
10 | (5) funding mechanisms to assist residential property | ||||||
11 | owners in costs of
lead abatement and mitigation;
| ||||||
12 | (6) providing insurance subsidies to licensed lead | ||||||
13 | abatement contractors
who target their work to high-risk | ||||||
14 | communities; and
| ||||||
15 | (7) developing any necessary legislation or rulemaking | ||||||
16 | to improve the
effectiveness of State and local programs in | ||||||
17 | lead abatement and other
prevention and control | ||||||
18 | activities.
| ||||||
19 | The Advisory Council shall develop handbooks and training | ||||||
20 | for property owners
and tenants
explaining the Standards and | ||||||
21 | State and federal requirements for
lead-safe housing.
| ||||||
22 | The Advisory Council shall meet at least quarterly. Its | ||||||
23 | members shall
receive no compensation for
their services, but | ||||||
24 | their reasonable travel expenses actually incurred shall be
| ||||||
25 | reimbursed by the Department.
| ||||||
26 | (Source: P.A. 93-348, eff. 1-1-04; 93-789, eff. 7-22-04.)
|
| |||||||
| |||||||
1 | (410 ILCS 45/11.1) (from Ch. 111 1/2, par. 1311.1)
| ||||||
2 | Sec. 11.1. Licensing of lead abatement contractors , lead | ||||||
3 | abatement supervisors, and lead abatement workers. Except as | ||||||
4 | otherwise provided in this Act, performing lead abatement or
| ||||||
5 | mitigation without a license is a Class A misdemeanor and is | ||||||
6 | also subject to civil and administrative penalties .
The | ||||||
7 | Department shall provide by rule for the licensing of lead
| ||||||
8 | abatement contractors , lead abatement supervisors, and lead | ||||||
9 | abatement workers and shall establish rules
standards and | ||||||
10 | procedures for the licensure. The Department
may collect a | ||||||
11 | reasonable fee for the licenses. The fees shall
be deposited | ||||||
12 | into the Lead Poisoning Screening, Prevention, and
Abatement | ||||||
13 | Fund and used by the Department for the costs of
licensing lead | ||||||
14 | abatement contractors and workers and other activities
| ||||||
15 | prescribed by this Act.
| ||||||
16 | The Department shall promote and encourage minorities and | ||||||
17 | females and
minority and female owned entities to apply for | ||||||
18 | licensure under this Act
as either licensed lead abatement | ||||||
19 | workers or licensed lead abatement
contractors .
| ||||||
20 | The Department may adopt any rules necessary to ensure | ||||||
21 | proper
implementation and administration of this Act and of the | ||||||
22 | federal Toxic
Substances Control Act, 15 USC 2682 and 2684, and | ||||||
23 | the rules adopted regulations promulgated
thereunder: Lead; | ||||||
24 | Requirements for Lead-Based Paint Activities (40 CFR 745).
The | ||||||
25 | application of this Section shall not be limited to the |
| |||||||
| |||||||
1 | activities taken in
regard to lead poisoned children and shall | ||||||
2 | include all activities related to
lead abatement, mitigation | ||||||
3 | and training.
| ||||||
4 | No person may act as a lead abatement contractor unless the | ||||||
5 | person is licensed as a lead abatement contractor by the | ||||||
6 | Department in accordance with this Act and the rules adopted | ||||||
7 | under it. | ||||||
8 | No person may act as a lead abatement supervisor unless the | ||||||
9 | person is licensed as a lead abatement supervisor by the | ||||||
10 | Department in accordance with this Act and the rules adopted | ||||||
11 | under it. | ||||||
12 | No person may act as a lead abatement worker unless the | ||||||
13 | person is licensed as a lead abatement worker by the Department | ||||||
14 | in accordance with this Act and the rules adopted under it. | ||||||
15 | Except as otherwise provided by Department rule, on and | ||||||
16 | after the effective date of this amendatory Act of the 98th | ||||||
17 | General Assembly, any licensing requirement adopted pursuant | ||||||
18 | to this Section that may be satisfied by an industrial | ||||||
19 | hygienist licensed pursuant to the Industrial Hygienists | ||||||
20 | Licensure Act repealed in this amendatory Act may be satisfied | ||||||
21 | by a Certified Industrial Hygienist certified by the American | ||||||
22 | Board of Industrial Hygiene. | ||||||
23 | (Source: P.A. 98-78, eff. 7-15-13.)
| ||||||
24 | (410 ILCS 45/12.2 new) | ||||||
25 | Sec. 12.2. Violations and enforcement. |
| |||||||
| |||||||
1 | (a) The following provisions shall apply concerning | ||||||
2 | criminal sanctions: | ||||||
3 | (1) Violation of any Section of this Act other than | ||||||
4 | Section 6.01 or Section 7 shall be punishable as a Class A | ||||||
5 | misdemeanor. A violation of Section 6.01 shall cause the | ||||||
6 | Department to issue a written warning for a first offense | ||||||
7 | and shall be a petty offense for a second or subsequent | ||||||
8 | offense if the violation occurs at the same location within | ||||||
9 | 12 months after the first offense. | ||||||
10 | (2) Any person who knowingly violates this Act or the | ||||||
11 | rules adopted by the Department or who knowingly violates | ||||||
12 | any determination or order of the Department under this Act | ||||||
13 | shall be guilty of a Class 4 felony. A person who, after | ||||||
14 | being convicted under this paragraph, knowingly violates | ||||||
15 | this paragraph a second or subsequent time commits a Class | ||||||
16 | 3 felony. | ||||||
17 | (3) Any person who knowingly makes a false statement, | ||||||
18 | orally or in writing, to the Department related to or | ||||||
19 | required by this Act, a rule adopted under this Act, any | ||||||
20 | federal law or rule for which the Department has | ||||||
21 | responsibility, or any determination or order of the | ||||||
22 | Department under this Act, or any permit, term, or | ||||||
23 | condition thereof, commits a Class 4 felony, and each such | ||||||
24 | statement or writing shall be considered a separate Class 4 | ||||||
25 | felony. A person who, after being convicted under this | ||||||
26 | paragraph, knowingly violates this paragraph a second or |
| |||||||
| |||||||
1 | subsequent time commits a Class 3 felony. | ||||||
2 | (4) Any criminal action brought under this Section | ||||||
3 | shall be brought by the State's Attorney of the county in | ||||||
4 | which the violation occurred or by the Attorney General and | ||||||
5 | shall be conducted in accordance with the applicable | ||||||
6 | provisions of the Code of Criminal Procedure of 1963. | ||||||
7 | (5) For an offense described in this subsection (a), | ||||||
8 | the period for commencing prosecution prescribed by the | ||||||
9 | statute of limitations shall not begin to run until the | ||||||
10 | offense is discovered by or reported to a State or local | ||||||
11 | agency having the authority to investigate violations of | ||||||
12 | this Act. | ||||||
13 | (6) In addition to any other penalty provided under | ||||||
14 | this Act, the court in a criminal action brought under this | ||||||
15 | subsection (a) may impose upon any person who violates this | ||||||
16 | Act or the rules adopted under this Act or who does not | ||||||
17 | comply with a notice of deficiency and a mitigation order | ||||||
18 | issued under subsection (7) of Section 9 of this Act or who | ||||||
19 | fails to comply with subsection (3) or subsection (5) of | ||||||
20 | Section 9 of this Act a penalty not to exceed $5,000 for | ||||||
21 | each violation. Each day a violation exists constitutes a | ||||||
22 | separate violation. In assessing a criminal penalty under | ||||||
23 | this Section, the court shall consider any civil fines the | ||||||
24 | person has paid which were imposed pursuant to subsection | ||||||
25 | (b) of this Section. 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 |
| |||||||
| |||||||
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.
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19 | (410 ILCS 45/13) (from Ch. 111 1/2, par. 1313)
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20 | Sec. 13.
The Department is authorized to adopt promulgate | ||||||
21 | reasonable
rules and regulations for carrying out the | ||||||
22 | provisions of this Act.
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23 | (Source: P.A. 87-175.)
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24 | (410 ILCS 45/14) (from Ch. 111 1/2, par. 1314)
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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 .
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6 | The Department shall also initiate activities that:
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7 | (a) Either Will either provide for or support the | ||||||
8 | monitoring and validation
of all medical laboratories and | ||||||
9 | private and public hospitals that
perform lead | ||||||
10 | determination tests on human blood or other tissues.
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11 | (b) Subject Will, subject to Section 7.2 of this Act, | ||||||
12 | provide laboratory testing
of blood specimens for lead | ||||||
13 | content to any physician, hospital, clinic,
free clinic, | ||||||
14 | municipality, or private organization
that cannot secure | ||||||
15 | or provide the services through other sources. The
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16 | Department shall not assume responsibility for blood lead | ||||||
17 | analysis required
in programs currently in operation.
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18 | (c) Develop Will develop or encourage the development | ||||||
19 | of 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
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22 | of that intoxication.
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23 | (d) Provide May provide technical assistance and | ||||||
24 | consultation to local,
county, or regional governmental or | ||||||
25 | private agencies for the promotion
and development of lead | ||||||
26 | poisoning prevention programs.
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1 | (e) Provide Will provide recommendations by the | ||||||
2 | Department on the subject of
identification , case | ||||||
3 | management, and treatment of lead poisoning.
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4 | (f) Maintain Will maintain a clearinghouse of | ||||||
5 | information, and will develop
additional educational | ||||||
6 | materials, on (i) lead hazards to children,
(ii) lead | ||||||
7 | poisoning prevention, (iii) blood lead testing poisoning | ||||||
8 | screening ,
(iv) lead mitigation, lead abatement, and | ||||||
9 | disposal, and (v)
health hazards during lead abatement. The | ||||||
10 | Department shall make this information
available to the | ||||||
11 | general public.
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12 | (Source: P.A. 95-331, eff. 8-21-07.)
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13 | (410 ILCS 45/9.2 rep.) | ||||||
14 | (410 ILCS 45/9.3 rep.)
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15 | (410 ILCS 45/11.2 rep.)
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16 | (410 ILCS 45/12 rep.)
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17 | Section 10. The Lead Poisoning Prevention Act is amended by | ||||||
18 | repealing Sections 9.2, 9.3, 11.2, and 12.
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