Full Text of SB0072 98th General Assembly
SB0072sam001 98TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 3/1/2013
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| 1 | | AMENDMENT TO SENATE BILL 72
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 72 on page 1, below | 3 | | line 9, by inserting the following:
| 4 | | "Section 7. The Commercial and Public Building Asbestos | 5 | | Abatement Act is amended by changing Section 20 as follows:
| 6 | | (225 ILCS 207/20)
| 7 | | Sec. 20. Powers and Duties of the Department.
| 8 | | (a) The Department is empowered to promulgate any rules
| 9 | | necessary to ensure proper implementation and administration | 10 | | of
this Act, and compliance with the federal Asbestos School | 11 | | Hazard Abatement
Reauthorization Act of 1990.
| 12 | | (b) Rules promulgated by the Department shall include, but | 13 | | not be limited
to, rules relating to the correct and safe | 14 | | performance of response action
services, rules for the | 15 | | assessment of civil penalties for violations of this
Act or | 16 | | rules promulgated under it, and
rules providing for the |
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| 1 | | training and licensing of persons
and firms (i) to perform | 2 | | asbestos inspection, (ii) to perform abatement
work, and (iii) | 3 | | to serve as asbestos abatement contractors, response action
| 4 | | contractors, and asbestos workers. The Department is empowered | 5 | | to inspect
activities regulated by this Act to ensure | 6 | | compliance.
| 7 | | Except as otherwise provided by Department rule, on and | 8 | | after the effective date of this amendatory Act of the 98th | 9 | | General Assembly any licensing requirement adopted pursuant to | 10 | | this Section that may be satisfied by an industrial hygienist | 11 | | licensed pursuant to the Industrial Hygienists Licensure Act | 12 | | repealed in this amendatory Act may be satisfied by a Certified | 13 | | Industrial Hygienist certified by the American Board of | 14 | | Industrial Hygiene. | 15 | | (c) In carrying out its responsibilities under this Act, | 16 | | the
Department shall:
| 17 | | (1) Publish a list of response action contractors | 18 | | licensed under
this Act, except that the Department shall | 19 | | not be required to
publish a list of licensed asbestos | 20 | | workers; and
| 21 | | (2) Adopt rules for the collection of fees for training | 22 | | course
approval and for the licensing of inspectors, | 23 | | project designers,
contractors, supervisors, and workers.
| 24 | | (d) The provisions of the Illinois Administrative | 25 | | Procedure
Act are hereby expressly adopted
and shall apply to | 26 | | all administrative rules and procedures of the
Department of |
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| 1 | | Public Health under this Act, except that in case of
conflict | 2 | | between the Illinois Administrative Procedure Act and
this Act | 3 | | the provisions of this Act shall control, and except that
| 4 | | Section 5-35 of the Illinois Administrative Procedure Act | 5 | | relating to
procedures for rulemaking does not apply to the | 6 | | adoption of any
rule required by federal law in connection with | 7 | | which the
Department is precluded by law from exercising any | 8 | | discretion.
| 9 | | (e) All final administrative decisions of the Department
| 10 | | under this Act shall be subject to judicial review pursuant to | 11 | | the
provisions of the Administrative Review Law and the
rules | 12 | | adopted under it. The term "administrative decision"
has the | 13 | | meaning ascribed to it in Section 3-101 of the Code of Civil | 14 | | Procedure.
| 15 | | (f) The Director, after notice and opportunity for hearing | 16 | | to
the applicant or license holder, may deny, suspend, or | 17 | | revoke a
license or expunge such person from the State list in | 18 | | any case in
which he or she finds that there has been a | 19 | | substantial failure to
comply with the provisions of this Act | 20 | | or the standards or rules
established under it.
Notice shall be | 21 | | provided by certified mail, return receipt requested, or by
| 22 | | personal
service setting forth the particular response for the | 23 | | proposed action
and fixing a date, not less than 15 days from | 24 | | the date of such
mailing or service, at which time the | 25 | | applicant, asbestos abatement contractor,
or license holder | 26 | | shall be given an opportunity to request hearing.
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| 1 | | The hearing shall be conducted by the Director or by an
| 2 | | individual designated in writing by the Director as Hearing | 3 | | Officer
to conduct the hearing. On the basis of any such | 4 | | hearing, or upon
default of the asbestos abatement contractor, | 5 | | applicant or license holder, the
Director shall make a | 6 | | determination specifying his or her findings and
conclusions. A | 7 | | copy of the determination shall be sent by
certified mail, | 8 | | return receipt requested, or served personally upon the
| 9 | | applicant, contractor, or
license holder.
| 10 | | The procedure governing hearings authorized by this | 11 | | Section
shall be in accordance with rules promulgated 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
| 25 | | production of books, papers, records, or memoranda. All | 26 | | subpoenas
and subpoenas duces tecum issued under this Act may
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| 1 | | be served by any person of legal age. The fees of witnesses for
| 2 | | attendance and travel shall be the same as the fees of | 3 | | witnesses
before the courts of this State, such fees to be paid | 4 | | when
the witness is excused from further attendance. When the | 5 | | witness
is subpoenaed at the instance of the Director or | 6 | | Hearing Officer,
such fees shall be paid in the same manner as | 7 | | other expenses of
the Department, and when the witness is | 8 | | subpoenaed at the
instance of any other party to any such | 9 | | proceeding the Department
may require that the cost of service | 10 | | of the subpoena or subpoena
duces tecum and the fee of the | 11 | | witness be borne by the party at
whose instance the witness is | 12 | | summoned. In such case, the
Department in its discretion may | 13 | | require a deposit to cover the cost
of such service and witness | 14 | | fees. A subpoena or subpoena duces
tecum so issued as above | 15 | | stated shall be served in the same
manner as a subpoena issued | 16 | | by a circuit court.
| 17 | | Any circuit court of this State, upon the application of | 18 | | the
Director, or upon the application of any other party to the
| 19 | | proceeding, may, in its discretion, compel the attendance of
| 20 | | 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 | | The Director or Hearing Officer, or any party in an
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| 1 | | investigation or hearing before the Department, may cause the
| 2 | | depositions of witnesses within this State to be taken in the | 3 | | manner
prescribed by law for like depositions in civil actions | 4 | | in courts of
this State, and, to that end, compel the | 5 | | attendance of witnesses and
the production of books, papers, | 6 | | records, or memoranda.
| 7 | | (Source: P.A. 89-143, eff. 7-14-95.)
| 8 | | Section 8. The Lead Poisoning Prevention Act is amended by | 9 | | changing Section 11.1 as follows:
| 10 | | (410 ILCS 45/11.1) (from Ch. 111 1/2, par. 1311.1)
| 11 | | Sec. 11.1. Licensing of lead abatement contractors and | 12 | | workers. Except as otherwise provided in this Act, performing | 13 | | lead abatement or
mitigation without a license is a Class A | 14 | | misdemeanor.
The Department shall provide by rule for the | 15 | | licensing of lead
abatement contractors and lead abatement | 16 | | workers and shall establish
standards and procedures for the | 17 | | licensure. The Department
may collect a reasonable fee for the | 18 | | licenses. The fees shall
be deposited into the Lead Poisoning | 19 | | Screening, Prevention, and
Abatement Fund and used by the | 20 | | Department for the costs of
licensing lead abatement | 21 | | contractors and workers and other activities
prescribed by this | 22 | | Act.
| 23 | | The Department shall promote and encourage minorities and | 24 | | females and
minority and female owned entities to apply for |
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| 1 | | licensure under this Act
as either licensed lead abatement | 2 | | workers or licensed lead abatement
contractors.
| 3 | | The Department may adopt any rules necessary to ensure | 4 | | proper
implementation and administration of this Act and of the | 5 | | federal Toxic
Substances Control Act, 15 USC 2682 and 2684, and | 6 | | the regulations promulgated
thereunder: Lead; Requirements for | 7 | | Lead-Based Paint Activities (40 CFR 745).
The application of | 8 | | this Section shall not be limited to the activities taken in
| 9 | | regard to lead poisoned children and shall include all | 10 | | activities related to
lead abatement, mitigation and training.
| 11 | | Except as otherwise provided by Department rule, on and | 12 | | after the effective date of this amendatory Act of the 98th | 13 | | General Assembly any licensing requirement adopted pursuant to | 14 | | this Section that may be satisfied by an industrial hygienist | 15 | | licensed pursuant to the Industrial Hygienists Licensure Act | 16 | | repealed in this amendatory Act may be satisfied by a Certified | 17 | | Industrial Hygienist certified by the American Board of | 18 | | Industrial Hygiene. | 19 | | (Source: P.A. 89-381, eff. 8-18-95.)"; and
| 20 | | on page 32, below line 26, by inserting the following: | 21 | | "Section 13. The Illinois Pesticide Act is amended by | 22 | | changing Section 19.3 as follows:
| 23 | | (415 ILCS 60/19.3)
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| 1 | | Sec. 19.3. Agrichemical Facility Response Action Program.
| 2 | | (a) It is the policy of the State of Illinois that an | 3 | | Agrichemical Facility
Response Action Program be implemented | 4 | | to reduce potential agrichemical pollution
and minimize | 5 | | environmental degradation risk potential at these sites. In | 6 | | this
Section, "agrichemical facility" means a site where | 7 | | agrichemicals are
stored or handled, or both, in preparation | 8 | | for end use. "Agrichemical
facility" does not include basic | 9 | | manufacturing or central distribution sites
utilized only for | 10 | | wholesale purposes. As used in this Section, "agrichemical"
| 11 | | means pesticides or commercial fertilizers at an agrichemical | 12 | | facility.
| 13 | | The program shall provide guidance for assessing the threat | 14 | | of soil
agrichemical
contaminants to groundwater and | 15 | | recommending which sites need to establish a
voluntary | 16 | | corrective action program.
| 17 | | The program shall establish appropriate site-specific soil | 18 | | cleanup
objectives, which shall be based on the potential for | 19 | | the agrichemical
contaminants to move from the soil to | 20 | | groundwater and the potential of the
specific soil agrichemical | 21 | | contaminants to cause an
exceedence of a Class I
or Class III | 22 | | groundwater quality standard or a health advisory level. The
| 23 | | Department shall use the information found and procedures | 24 | | developed in the
Agrichemical Facility Site Contamination | 25 | | Study or other appropriate physical
evidence to establish the | 26 | | soil agrichemical contaminant
levels of concern to
groundwater |
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| 1 | | in the various hydrological settings to establish | 2 | | site-specific
cleanup objectives.
| 3 | | No remediation of a site may be recommended unless (i) the | 4 | | agrichemical
contamination
level in the soil exceeds the | 5 | | site-specific cleanup objectives
or (ii) the agrichemical | 6 | | contaminant level in the soil
exceeds levels where physical | 7 | | evidence and risk evaluation indicates
probability of the site | 8 | | causing an
exceedence of a groundwater quality standard.
| 9 | | When a remediation plan must be carried out over a number | 10 | | of years due to
limited financial resources of the owner or | 11 | | operator of the agrichemical
facility, those soil agrichemical | 12 | | contaminated areas that
have the greatest potential to | 13 | | adversely impact vulnerable Class I groundwater
aquifers and | 14 | | adjacent potable water wells shall
receive the highest priority | 15 | | rating and be remediated first.
| 16 | | (b) The Agrichemical Facility Response Action Program | 17 | | Board ("the Board") is
created. The
Board members shall consist | 18 | | of the following:
| 19 | | (1) The Director or the Director's designee.
| 20 | | (2) One member who represents pesticide manufacturers.
| 21 | | (3) Two members who represent retail agrichemical | 22 | | dealers.
| 23 | | (4) One member who represents agrichemical | 24 | | distributors.
| 25 | | (5) One member who represents active farmers.
| 26 | | (6) One member at large.
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| 1 | | The public members of the Board shall be appointed by the | 2 | | Governor for terms
of 2 years. Those persons on the Board who | 3 | | represent pesticide manufacturers,
agrichemical dealers, | 4 | | agrichemical distributors, and farmers shall be selected
from | 5 | | recommendations made by the associations whose membership | 6 | | reflects those
specific areas of interest. The members of the | 7 | | Board shall be appointed within
90 days after the effective | 8 | | date of this amendatory Act of 1995. Vacancies on
the Board | 9 | | shall be filled within 30 days. The Board may fill any | 10 | | membership
position vacant for a period exceeding 30 days.
| 11 | | The members of the Board shall be paid no compensation, but | 12 | | shall be
reimbursed
for their expenses incurred in performing | 13 | | their duties. If a civil
proceeding is commenced against a | 14 | | Board member arising out of an act or
omission occurring within | 15 | | the scope of the Board member's performance of his or
her | 16 | | duties under this Section, the State, as provided by rule, | 17 | | shall indemnify
the Board member for any damages awarded and | 18 | | court costs and attorney's fees
assessed as part of a final and | 19 | | unreversed judgement, or shall pay the
judgment, unless the | 20 | | court or jury finds that the conduct or inaction that gave
rise | 21 | | to the claim or cause of action was intentional, wilful or | 22 | | wanton
misconduct and was not intended to serve or benefit | 23 | | interests of the State.
| 24 | | The chairperson of the Board shall be selected by the Board | 25 | | from among the
public members.
| 26 | | (c) The Board has the authority to do the following:
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| 1 | | (1) Cooperate with the Department and review and | 2 | | approve an agrichemical
facility remediation program as | 3 | | outlined in the handbook or manual as set forth
in | 4 | | subdivision (d)(8) of this Section.
| 5 | | (2) Review and give final approval to each agrichemical | 6 | | facility
corrective
action plan.
| 7 | | (3) Approve any changes to an agrichemical facility's | 8 | | corrective action
plan that may be necessary.
| 9 | | (4) Upon completion of the corrective action plan, | 10 | | recommend to the
Department that the site-specific cleanup | 11 | | objectives have been met and that a
notice of closure be | 12 | | issued by the Department stating that no further remedial
| 13 | | action is required to remedy the past agrichemical
| 14 | | contamination.
| 15 | | (5) When a soil agrichemical contaminant assessment
| 16 | | confirms that remedial
action
is not required in accordance | 17 | | with the Agrichemical Facility Response Action
Program, | 18 | | recommend that a notice of closure be issued by the | 19 | | Department stating
that no
further remedial action is | 20 | | required to remedy the past agrichemical
contamination.
| 21 | | (6) Periodically review the Department's | 22 | | administration of the
Agrichemical Incident Response Trust | 23 | | Fund and actions taken with respect to the
Fund. The Board | 24 | | shall also provide advice to the Interagency Committee on
| 25 | | Pesticides regarding the proper handling of agrichemical | 26 | | incidents at
agrichemical facilities in Illinois.
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| 1 | | (d) The Director has the authority to do the following:
| 2 | | (1) When requested by the owner or operator of an | 3 | | agrichemical
facility, may investigate the agrichemical | 4 | | facility site contamination.
| 5 | | (2) After completion of the investigation under | 6 | | subdivision (d)(1) of this
Section, recommend to the owner | 7 | | or operator of an
agrichemical facility that a
voluntary | 8 | | assessment be made of the soil agrichemical
contaminant | 9 | | when there is
evidence that the evaluation of risk | 10 | | indicates that
groundwater could be
adversely impacted.
| 11 | | (3) Review and make recommendations on any corrective | 12 | | action plan
submitted by the owner or operator of an | 13 | | agrichemical facility to the Board for
final approval.
| 14 | | (4) On approval by the Board, issue an order to the | 15 | | owner or operator of
an
agrichemical facility that has | 16 | | filed a voluntary corrective action plan that
the owner or | 17 | | operator may proceed with that plan.
| 18 | | (5) Provide remedial project oversight, monitor | 19 | | remedial work progress,
and
report to the Board on the | 20 | | status of remediation projects.
| 21 | | (6) Provide staff to support the activities of the | 22 | | Board.
| 23 | | (7) Take appropriate action on the Board's | 24 | | recommendations regarding
policy
needed to carry out the | 25 | | Board's responsibilities under this Section.
| 26 | | (8) In cooperation with the Board, incorporate the |
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| 1 | | following into a
handbook or manual: the procedures for | 2 | | site assessment; pesticide constituents
of concern and | 3 | | associated parameters; guidance on remediation techniques, | 4 | | land
application, and corrective action plans; and other | 5 | | information or instructions
that the Department may find | 6 | | necessary.
| 7 | | (9) Coordinate preventive response actions at | 8 | | agrichemical facilities
pursuant to the
Groundwater | 9 | | Quality Standards adopted pursuant to Section 8 of the | 10 | | Illinois
Groundwater Protection Act to mitigate resource | 11 | | groundwater impairment.
| 12 | | Upon completion of the corrective action plan and upon | 13 | | recommendation of
the Board, the Department shall issue a | 14 | | notice of closure stating that
site-specific cleanup | 15 | | objectives have been met and no further remedial action
is | 16 | | required to remedy the past agrichemical contamination.
| 17 | | When a soil agrichemical contaminant assessment confirms
| 18 | | that remedial action
is not required in accordance with the | 19 | | Agrichemical Facility Response Action
Program and upon the | 20 | | recommendation of the Board, a notice of closure shall be
| 21 | | issued by the Department stating that no
further remedial | 22 | | action is required to remedy the past agrichemical
| 23 | | contamination.
| 24 | | (e) Upon receipt of notification of an agrichemical
| 25 | | contaminant in
groundwater pursuant to the Groundwater Quality | 26 | | Standards, the Department shall
evaluate the severity of the |
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| 1 | | agrichemical contamination and
shall submit to the
| 2 | | Environmental Protection Agency an informational notice | 3 | | characterizing it as
follows:
| 4 | | (1) An agrichemical contaminant in Class I or Class III
| 5 | | groundwater has
exceeded
the levels of a standard adopted | 6 | | pursuant to the Illinois Groundwater
Protection Act or a | 7 | | health advisory established by the Illinois Environmental
| 8 | | Protection Agency or the United States Environmental | 9 | | Protection Agency; or
| 10 | | (2) An agrichemical has been detected at a level that
| 11 | | requires
preventive notification pursuant to a standard | 12 | | adopted pursuant to the Illinois
Groundwater Protection | 13 | | Act.
| 14 | | (f) When agrichemical contamination is characterized as in
| 15 | | subdivision (e)(1) of this Section, a facility may elect to | 16 | | participate in the
Agrichemical Facility
Response Action | 17 | | Program. In these instances, the scope of the corrective
action | 18 | | plans developed, approved, and completed under this program | 19 | | shall be
limited to the soil agrichemical
contamination present | 20 | | at the site unless implementation of the plan is
coordinated | 21 | | with the Illinois Environmental Protection Agency as follows:
| 22 | | (1) Upon receipt of notice of intent to include | 23 | | groundwater in an action
by a facility, the Department | 24 | | shall also
notify the Illinois Environmental Protection | 25 | | Agency.
| 26 | | (2) Upon receipt of the corrective action plan, the |
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| 1 | | Department shall
coordinate a joint review of the plan with | 2 | | the Illinois Environmental
Protection Agency.
| 3 | | (3) The Illinois Environmental Protection Agency may | 4 | | provide a written
endorsement of the corrective action | 5 | | plan.
| 6 | | (4) The Illinois Environmental Protection Agency may | 7 | | approve a
groundwater
management zone for a period
of 5 | 8 | | years after the implementation of the corrective action | 9 | | plan to allow for
groundwater impairment mitigation | 10 | | results.
| 11 | | (5) The Department, in cooperation with the Illinois | 12 | | Environmental
Protection Agency, shall recommend a | 13 | | proposed corrective action plan to the
Board for final | 14 | | approval to proceed with remediation. The recommendation | 15 | | shall
be based on the joint review conducted under | 16 | | subdivision (f)(2) of this
Section and the status of any | 17 | | endorsement issued under subdivision (f)(3) of
this | 18 | | Section.
| 19 | | (6) The Department, in cooperation with the Illinois | 20 | | Environmental
Protection Agency, shall provide remedial | 21 | | project oversight, monitor remedial
work progress, and | 22 | | report to the Board on the status of the remediation
| 23 | | project.
| 24 | | (7) The Department shall, upon completion of the | 25 | | corrective action plan
and recommendation of the Board, | 26 | | issue a notice of closure stating that no
further remedial |
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| 1 | | action is required to remedy the past agrichemical
| 2 | | contamination.
| 3 | | (g) When an owner or operator of an agrichemical facility | 4 | | initiates a soil
contamination assessment on the owner's or | 5 | | operator's own volition and
independent of any requirement | 6 | | under this Section 19.3, information
contained in that | 7 | | assessment may be held as confidential information by the
owner | 8 | | or operator of the facility.
| 9 | | (h) Except as otherwise provided by Department rule, on and | 10 | | after the effective date of this amendatory Act of the 98th | 11 | | General Assembly any Agrichemical Facility Response Action | 12 | | Program requirement that may be satisfied by an industrial | 13 | | hygienist licensed pursuant to the Industrial Hygienists | 14 | | Licensure Act repealed in this amendatory Act may be satisfied | 15 | | by a Certified Industrial Hygienist certified by the American | 16 | | Board of Industrial Hygiene. | 17 | | (Source: P.A. 92-113, eff. 7-20-01.)".
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