Full Text of SB1961 98th General Assembly
SB1961sam003 98TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 4/24/2013
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| 1 | | AMENDMENT TO SENATE BILL 1961
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1961, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the | 6 | | Asbestos Occupations Licensure Act. | 7 | | Section 5. Scope and application. This Act applies to the | 8 | | training and licensing of persons and firms (1) to perform | 9 | | asbestos inspection, (2) to perform abatement work, and (3) to | 10 | | serve as asbestos abatement contractors, response action | 11 | | contractors, and asbestos workers under both the Asbestos | 12 | | Abatement Act and the Commercial and Public Building Asbestos | 13 | | Abatement Act. | 14 | | Section 10. Definitions. As used in this Act:
| 15 | | "Asbestos" means the asbestiform varieties of chrysotile, |
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| 1 | | amosite, crocidolite, tremolite, anthrophyllite, and | 2 | | actinolite.
| 3 | | "Asbestos abatement contractor" means any entity that | 4 | | engages in the removal, enclosure, or encapsulation of asbestos | 5 | | containing materials for any school.
| 6 | | "Asbestos inspector" means an individual licensed by the | 7 | | Department to perform inspections for the presence of asbestos | 8 | | containing materials.
| 9 | | "Asbestos materials" means materials formed by mixing | 10 | | asbestos fibers with other products, including but not limited | 11 | | to rock wool, plaster, cellulose, clay, vermiculite, perlite | 12 | | and a variety of adhesives, and which contain more than 1% | 13 | | asbestos by weight. Some of these materials may be sprayed on | 14 | | surfaces or applied to surfaces in the form of plaster or a | 15 | | textured paint.
| 16 | | "Asbestos professional" means an individual who is | 17 | | licensed by the Department to perform the duties of an | 18 | | inspector, management planner, project designer, project | 19 | | supervisor, project manager, or air sampling professional, as | 20 | | applicable, except project supervisors under the direct employ | 21 | | of a licensed asbestos abatement contractor. | 22 | | "Asbestos supervisor" means an asbestos abatement | 23 | | contractor, foreman, or person designated as the asbestos | 24 | | abatement contractor's representative who is responsible for | 25 | | the onsite supervision of the removal, encapsulation, or | 26 | | enclosure of friable or nonfriable asbestos-containing |
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| 1 | | materials in a commercial or public building. | 2 | | "Asbestos worker" means an individual who cleans, removes, | 3 | | encapsulates, encloses, hauls or disposes of friable asbestos | 4 | | material as defined in this Act.
| 5 | | "Board" means the Illinois Pollution Control Board. | 6 | | "Department" means the Department of Public Health.
| 7 | | "Director" means the Director of Public Health.
| 8 | | "Encapsulation" means the treatment of asbestos containing | 9 | | building materials (ACBM), as defined by Section 15 of the | 10 | | Commercial and Public Building Asbestos Abatement Act, with a | 11 | | material that surrounds or embeds asbestos fibers in an | 12 | | adhesive matrix to prevent the release of fibers, as the | 13 | | encapsulant creates a membrane over the surfaces (bridging | 14 | | encapsulant) or penetrates the material and binds its | 15 | | components together (penetrating encapsulant).
| 16 | | "Enclosure" means the construction of airtight walls and | 17 | | ceilings between the asbestos material and the facility | 18 | | environment, or around surfaces coated with asbestos | 19 | | materials, or any other appropriate scientific procedure as | 20 | | determined by the Department which prevents the release of | 21 | | asbestos materials.
| 22 | | "Friable", when referring to material in a school building, | 23 | | means that the material, when dry, may be crumbled, pulverized, | 24 | | or reduced to powder by hand pressure, and includes previously | 25 | | nonfriable material after such previously nonfriable material | 26 | | becomes damaged to the extent that, when dry, it may be |
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| 1 | | crumbled, pulverized, or reduced to powder by hand pressure.
| 2 | | "Friable material containment" means the encapsulation or | 3 | | enclosure of any friable asbestos material in a facility.
| 4 | | "Management planner" means an individual licensed by the | 5 | | Department to prepare management plans.
| 6 | | "Nonfriable" means material in a school building which, | 7 | | when dry, may not be crumbled, pulverized, or reduced to powder | 8 | | by hand pressure.
| 9 | | "Project designer" means an individual licensed by the | 10 | | Department to design response actions.
| 11 | | "Response action" means a method, including removal, | 12 | | encapsulation, enclosure, repair, operations and maintenance, | 13 | | that protects human health and the environment from friable | 14 | | ACBM.
| 15 | | "Response action contractor" means any entity that engages | 16 | | in response action services for any school.
| 17 | | Section 15. Powers and duties of the Department.
| 18 | | (a) The Department is empowered to promulgate any rules | 19 | | necessary to ensure proper implementation and administration | 20 | | of this Act.
| 21 | | (b) Rules promulgated by the Department shall include rules | 22 | | providing for the training and licensing of persons and firms | 23 | | to perform asbestos inspection and air sampling; to perform | 24 | | abatement work; and to serve as asbestos abatement contractors, | 25 | | management, planners, project designers, project supervisors, |
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| 1 | | project managers and asbestos workers for public and private | 2 | | secondary and elementary schools.
| 3 | | (c) In carrying out its responsibilities under this Act, | 4 | | the Department shall:
| 5 | | (1) publish a list of persons and firms licensed | 6 | | pursuant to this Act, except that the Department is not | 7 | | required to publish a list of licensed asbestos workers; | 8 | | and
| 9 | | (2) adopt rules for the collection of fees for training | 10 | | course approval; and for licensing of inspectors, | 11 | | management planners, project designers, contractors, | 12 | | supervisors, air sampling professionals, project managers | 13 | | and workers.
| 14 | | Section 20. Rulemaking.
The provisions of the Illinois | 15 | | Administrative Procedure Act are hereby expressly adopted and | 16 | | shall apply to all administrative rules and procedures of the | 17 | | Department of Public Health under this Act, except that in case | 18 | | of conflict between the Illinois Administrative Procedure Act | 19 | | and this Act the provisions of this Act shall control, and | 20 | | except that Section 5-35 of the Illinois Administrative | 21 | | Procedure Act relating to procedures for rulemaking does not | 22 | | apply to the adoption of any rule required by federal law in | 23 | | connection with which the Department is precluded by law from | 24 | | exercising any discretion. | 25 | | Before initiating any rulemaking under this Section, the |
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| 1 | | Department shall consult with the Asbestos Advisory Council as | 2 | | set forth in subsection (h) of Section 59 of the Environmental | 3 | | Protection Act.
| 4 | | Section 25. Administrative review. All final | 5 | | administrative decisions of the Department hereunder shall be | 6 | | subject to judicial review pursuant to the Administrative | 7 | | Review Law and the rules adopted pursuant thereto. The term | 8 | | "administrative decision" is defined as in Section 3-101 of the | 9 | | Code of Civil Procedure.
| 10 | | Section 30. Hearings.
The Director, after notice and | 11 | | opportunity for hearing to the contractor, applicant, or | 12 | | license holder, may deny, suspend, or revoke a license or | 13 | | expunge such person from the State list in any case in which he | 14 | | or she finds that there has been a substantial failure to | 15 | | comply with the provisions of this Act or the standards and | 16 | | rules established by virtue thereof.
| 17 | | Such notice shall be provided by certified mail or by | 18 | | personal service setting forth the particular reasons for the | 19 | | proposed action and fixing a date, not less than 15 days from | 20 | | the date of such mailing or service, at which time the | 21 | | applicant, contractor, or license holder shall be given an | 22 | | opportunity to request a hearing.
| 23 | | The hearing shall be conducted by the Director or by an | 24 | | individual designated in writing by the Director as Hearing |
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| 1 | | Officer to conduct the hearing. On the basis of any such | 2 | | hearing, or upon default of the applicant, contractor, or | 3 | | license holder, the Director shall make a determination | 4 | | specifying his or her findings and conclusions. A copy of such | 5 | | determination shall be sent by certified mail or served | 6 | | personally upon the applicant, contractor, or license holder. | 7 | | The procedure governing hearings authorized by this | 8 | | Section shall be in accordance with rules promulgated by the | 9 | | Department. A full and complete record shall be kept of all | 10 | | proceedings, including the notice of hearing, complaint, and | 11 | | all other documents in the nature of pleadings, written motions | 12 | | filed in the proceedings, and the report and orders of the | 13 | | Director and Hearing Officer. All testimony shall be reported | 14 | | but need not be transcribed unless the decision is sought to be | 15 | | reviewed pursuant to the Administrative Review Law. A copy or | 16 | | copies of the transcript may be obtained by any interested | 17 | | party on payment of the cost of preparing such copy or copies. | 18 | | The Director or Hearing Officer shall, upon his or her own | 19 | | motion, or on the written request of any party to the | 20 | | proceeding, issue subpoenas requiring the attendance and the | 21 | | giving of testimony by witnesses, and subpoenas duces tecum | 22 | | requiring the production of books, papers, records, or | 23 | | memoranda. All subpoenas and subpoenas duces tecum issued under | 24 | | the terms of this Act may be served by any person of legal age. | 25 | | The fees of witnesses for attendance and travel shall be the | 26 | | same as the fees of witnesses before the circuit court of this |
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| 1 | | State, such fees to be paid when the witness is excused from | 2 | | further attendance. When the witness is subpoenaed at the | 3 | | instance of the Director or Hearing Officer, such fees shall be | 4 | | paid in the same manner as other expenses of the Department, | 5 | | and when the witness is subpoenaed at the instance of any other | 6 | | party to any such proceeding the Department may require that | 7 | | the cost of service of the subpoena or subpoena duces tecum and | 8 | | the fee of the witness be borne by the party at whose instance | 9 | | the witness is summoned. In such case, the Department in its | 10 | | discretion may require a deposit to cover the cost of such | 11 | | service and witness fees. A subpoena or subpoena duces tecum so | 12 | | issued as above stated shall be served in the same manner as a | 13 | | subpoena issued by a circuit court. | 14 | | Any circuit court of this State, upon the application of | 15 | | the Director, or upon the application of any other party to the | 16 | | proceeding, may, in its discretion, compel the attendance of | 17 | | witnesses, the production of books, papers, records, or | 18 | | memoranda and the giving of testimony before the Director or | 19 | | Hearing Officer conducting an investigation or holding a | 20 | | hearing authorized by this Act, by an attachment for contempt | 21 | | or otherwise, in the same manner as production of evidence may | 22 | | be compelled before the court. | 23 | | The Director or Hearing Officer, or any party in an | 24 | | investigation or hearing before the Department, may cause the | 25 | | depositions of witnesses within the State to be taken in the | 26 | | manner prescribed by law for like depositions in civil actions |
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| 1 | | in courts of this State, and to that end compel the attendance | 2 | | of witnesses and the production of books, papers, records, or | 3 | | memoranda. | 4 | | Section 35. Consistency with federal law. Rules issued | 5 | | pursuant to this Act, including those governing the preparation | 6 | | of a list of contractors and the removal of contractors | 7 | | therefrom as provided for in Section 40, shall not be | 8 | | inconsistent with rules and regulations promulgated by the | 9 | | United States Environmental Protection Agency pursuant to the | 10 | | Toxic Substances Control Act, the Clean Air Act, or other | 11 | | applicable federal statutes. | 12 | | Section 40. Asbestos abatement contractors; response | 13 | | action contractors. The Department shall prepare a list in | 14 | | cooperation with appropriate State and federal agencies on an | 15 | | annual basis of asbestos abatement contractors and response | 16 | | action contractors familiar with and capable of complying with | 17 | | all applicable federal and State standards for asbestos | 18 | | containment and removal. Additional asbestos abatement | 19 | | contractors or response action contractors wishing to be placed | 20 | | on this list shall notify the Department. The Department shall | 21 | | evaluate this request based on the training and experience of | 22 | | such a potential asbestos abatement contractor or response | 23 | | action contractor and render a decision. If the Department | 24 | | denies the request, such contractor may appeal such a decision |
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| 1 | | pursuant to the Administrative Review Law. Such list shall be | 2 | | made available to all school districts and, upon request, to | 3 | | other interested parties. In contracting for response action | 4 | | services, schools shall select an asbestos abatement | 5 | | contractor or response action contractor from the Department's | 6 | | list. | 7 | | Section 45. Licensing. | 8 | | (a) No air sampling professional, asbestos abatement | 9 | | contractor, asbestos consultant, asbestos inspector, asbestos | 10 | | professional, asbestos supervisor, asbestos worker, management | 11 | | planner, project designer, project manager, project | 12 | | supervisor, or response action contractor may be employed as a | 13 | | response action contractor unless that individual or entity is | 14 | | licensed by the Department. Those individuals and entities | 15 | | wishing to be licensed shall make application on forms | 16 | | prescribed and furnished by the Department. A license shall | 17 | | expire annually according to a schedule determined by the | 18 | | Department. Applications for renewal of licenses shall be filed | 19 | | with the Department at least 30 days before the expiration | 20 | | date. When a licensure examination is required, the application | 21 | | for licensure shall be submitted to the Department at least 30 | 22 | | days prior to the date of the scheduled examination. The | 23 | | Department shall evaluate each application based on its minimum | 24 | | standards for licensure, promulgated as rules, and render a | 25 | | decision. Such standards may include a requirement for the |
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| 1 | | successful completion of a course of training approved by the | 2 | | Department. If the Department denies the application, the | 3 | | applicant may appeal such decision pursuant to the | 4 | | Administrative Review Law. | 5 | | However, the licensing requirements of this Section for | 6 | | asbestos consultants do not apply to: (1) an employee of a | 7 | | local education agency who is
that local education agency's | 8 | | designated person; or (2) an employee of a State agency while | 9 | | he or she is
engaged in his or her professional duties for that | 10 | | State agency.
| 11 | | (b) All licenses issued under the Asbestos Abatement Act or | 12 | | the Commercial and Public Building Asbestos Abatement Act, and | 13 | | in effect on the effective date of this Act, shall remain in | 14 | | effect for the remainder of the period for which they were | 15 | | originally issued, as if they had been issued under this Act. | 16 | | Section 50. Certified industrial hygienists. For purposes | 17 | | of this Act and the rules promulgated thereunder, the | 18 | | Department shall use the list of certified industrial | 19 | | hygienists as prepared by the American Board of Industrial | 20 | | Hygiene. | 21 | | Section 55. Contractor's certificates of financial | 22 | | responsibility. Each asbestos abatement contractor wishing to | 23 | | be placed on the Department's approved list of contractors | 24 | | shall submit to the Department a certificate documenting that |
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| 1 | | the contractor carries liability insurance, self insurance, | 2 | | group insurance, group self insurance, a letter of credit, or | 3 | | bond in an amount of at least: | 4 | | (1) $500,000 for work performed pursuant to the | 5 | | Asbestos Abatement Act and the rules promulgated | 6 | | thereunder. | 7 | | (2) $1,000,000 for work performed pursuant to this | 8 | | Commercial and Public Building Asbestos Abatement Act and | 9 | | the rules promulgated thereunder. | 10 | | No contractor may be placed on the approved list in the absence | 11 | | of such a certificate. All contractors presently on the | 12 | | approved list shall submit said certificate within 90 days of | 13 | | the effective date of this Act, or the Department shall remove | 14 | | their names from the approved list. | 15 | | Each contractor shall maintain on file with the Department | 16 | | a current certificate of financial responsibility throughout | 17 | | the entire length of time the contractor's name appears on the | 18 | | Department's list of approved contractors. A contractor shall | 19 | | notify the Department of any change in the status of a | 20 | | certificate which has been filed including expiration, | 21 | | renewal, or alteration of the terms of the certificate. | 22 | | Section 60. Civil penalties. The Department is empowered to | 23 | | assess civil penalties for violations of this Act and the rules | 24 | | promulgated under this Act pursuant to rules for such penalties | 25 | | established by the Department. |
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| 1 | | Section 65. Asbestos Occupations Licensure Fund. All fees | 2 | | and penalties collected by the Department pursuant to this Act, | 3 | | and all interest attributable to those amounts, shall be | 4 | | deposited into the Asbestos Occupations Licensure Fund, which | 5 | | is hereby created as a special fund in the State Treasury. | 6 | | Subject to appropriation, all moneys deposited in the Asbestos | 7 | | Occupations Licensure Fund under this Act shall be available to | 8 | | the Department for its administration of this Act. The Asbestos | 9 | | Occupations Licensure Fund is not subject to sweeps, | 10 | | administrative charges or chargebacks, or any other fiscal or | 11 | | budgetary maneuver that would in any way transfer any moneys | 12 | | from the Asbestos Occupations Licensure Fund to any other Fund | 13 | | of the State or in the State treasury. | 14 | | Section 70. The State Finance Act is amended by adding | 15 | | Section 5.826 as follows: | 16 | | (30 ILCS 105/5.826 new) | 17 | | Sec. 5.826. The Asbestos Occupations Licensure Fund. | 18 | | Section 75. The Asbestos Abatement Act is amended by | 19 | | changing Sections 3, 4, 6, 6a, 6b, 7, 9, 9a, 9b, 11, 12a, 12b, | 20 | | 12c, 13, 14, and 16 as follows:
| 21 | | (105 ILCS 105/3) (from Ch. 122, par. 1403)
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| 1 | | Sec. 3. Definitions. As used in this Act:
| 2 | | (a) "Asbestos" means the
asbestiform varieties of | 3 | | chrysotile, amosite, crocidolite, tremolite,
anthrophyllite, | 4 | | and actinolite.
| 5 | | (b) "Asbestos materials" means materials formed by mixing | 6 | | asbestos fibers
with other products, including but not limited | 7 | | to rock wool, plaster,
cellulose, clay, vermiculite, perlite | 8 | | and a variety of adhesives, and which
contain more than 1% | 9 | | asbestos by weight. Some of these
materials may be sprayed on | 10 | | surfaces or applied to surfaces in the form of
plaster or a | 11 | | textured paint.
| 12 | | (c) "School" means any school district or public, private | 13 | | or
nonpublic day or residential educational institution that | 14 | | provides
elementary or secondary education for grade 12 or | 15 | | under.
| 16 | | (d) "Local educational agency" means:
| 17 | | (1) Any local education agency
as defined in Section | 18 | | 198 of the Elementary and Secondary Education Act of
1965 | 19 | | (20 U.S.C. 3381).
| 20 | | (2) The owner of any nonpublic, nonprofit
elementary or | 21 | | secondary school building.
| 22 | | (3) The governing authority of
any school operated | 23 | | under the defense dependents' education system provided
| 24 | | for under the Defense Department's Education Act of 1978 | 25 | | (20 U.S.C. 921, et
seq.).
| 26 | | (e) "Response action" means a method, including
removal, |
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| 1 | | encapsulation, enclosure, repair, operations and maintenance, | 2 | | that
protects human health and the environment from friable | 3 | | ACBM.
| 4 | | (f) "Asbestos containing building materials" or ACBM means | 5 | | surfacing
asbestos containing material or ACM, thermal system | 6 | | insulation ACM
or miscellaneous ACM that is found in or on | 7 | | interior
structural members or other parts of a school | 8 | | building.
| 9 | | (g) "Friable" when referring to material in a school | 10 | | building means
that the material, when dry, may be crumbled, | 11 | | pulverized, or reduced to
powder by hand pressure, and includes | 12 | | previously nonfriable materials after
such previously | 13 | | nonfriable material becomes damaged to the extent that, when
| 14 | | dry, it may be crumbled, pulverized, or reduced to powder by | 15 | | hand
pressure.
| 16 | | (h) "Asbestos Abatement Contractor" means any entity that | 17 | | engages in
the removal, enclosure, or encapsulation of asbestos | 18 | | containing materials
for any school.
| 19 | | (i) "Response action contractor" means any entity that | 20 | | engages in
response action services for any school.
| 21 | | (j) "Friable material containment" means the encapsulation
| 22 | | or enclosure of any friable asbestos material in a facility.
| 23 | | (k) "Enclosure" means the construction of airtight walls | 24 | | and ceilings
between the asbestos material and the educational | 25 | | facility environment,
or around surfaces coated with asbestos | 26 | | materials, or any other appropriate
scientific procedure as |
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| 1 | | determined by the Agency Department which prevents the
release | 2 | | of asbestos materials.
| 3 | | (l) "Encapsulation" means the treatment of ACBM with a
| 4 | | material that surrounds or embeds asbestos fibers in an | 5 | | adhesive matrix to
prevent the release of fibers, as the | 6 | | encapsulant creates a membrane over
the surfaces (bridging | 7 | | encapsulant or penetrates the material and binds its
components | 8 | | together (penetrating encapsulant).
| 9 | | (m) "Department" means the Department of Public Health.
| 10 | | (n) "Director" means the Director of the Illinois | 11 | | Environmental Protection Agency Public Health .
| 12 | | (o) "School personnel" means any employee of a school.
| 13 | | (p) "Student" means any student enrolled in a school.
| 14 | | (q) "School Building" means:
| 15 | | (1) Any structure suitable for use as a classroom, | 16 | | including a school
facility such as a laboratory, library, | 17 | | school eating facility, or facility
used for the | 18 | | preparation of food.
| 19 | | (2) Any gymnasium or other facility
which is specially | 20 | | designed for athletic or recreational activities for an
| 21 | | academic course in physical education.
| 22 | | (3) Any other facility used for the
instruction or | 23 | | housing of students or for the administration of | 24 | | educational
or research programs.
| 25 | | (4) Any maintenance, storage, or utility facility,
| 26 | | including any hallway essential to the operation of any |
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| 1 | | facility described
in this definition of "school building" | 2 | | under items (1), (2), or (3).
| 3 | | (5) Any portico or covered exterior hallway or walkway.
| 4 | | (6) Any exterior
portion of a mechanical system used to | 5 | | condition interior space.
| 6 | | (r) "Asbestos worker" means an individual who cleans, | 7 | | removes,
encapsulates, encloses, hauls or disposes of friable | 8 | | asbestos material in
schools as defined in this Act.
| 9 | | (s) "Nonfriable" means material in a school building which, | 10 | | when dry,
may not be crumbled, pulverized, or reduced to powder | 11 | | by hand pressure.
| 12 | | (t) "Management plan" means a plan developed for a local | 13 | | educational
agency for the management of asbestos in its school | 14 | | buildings pursuant to
the federal Asbestos Hazard Emergency | 15 | | Response Act of 1986 and the
regulations promulgated | 16 | | thereunder.
| 17 | | (u) "Management planner" means an individual licensed by | 18 | | the
Department to prepare management plans.
| 19 | | (v) "Project designer" means an individual licensed by the
| 20 | | Department to design response actions for school buildings.
| 21 | | (w) "Asbestos inspector" means an individual licensed by | 22 | | the
Department to perform inspections of schools for the | 23 | | presence of
asbestos containing materials.
| 24 | | (x) "Agency" means the Illinois Environmental Protection | 25 | | Agency. | 26 | | (y) "Board" means the Illinois Pollution Control Board. |
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| 1 | | (Source: P.A. 86-416; 86-1475.)
| 2 | | (105 ILCS 105/4) (from Ch. 122, par. 1404)
| 3 | | Sec. 4. Response action. Schools shall undertake and | 4 | | complete such
response action as may be required by the federal | 5 | | Asbestos Hazard Emergency
Response Act of 1986, the regulations | 6 | | promulgated thereunder, and the rules
promulgated by the Board | 7 | | Department pursuant to the Asbestos Abatement Act.
Response | 8 | | actions shall be undertaken and completed within the timeframe
| 9 | | required by the federal Asbestos Hazard Emergency Response Act | 10 | | of 1986 and
the regulations promulgated thereunder.
| 11 | | (Source: P.A. 86-416.)
| 12 | | (105 ILCS 105/6) (from Ch. 122, par. 1406)
| 13 | | Sec. 6. Powers and duties of the Agency Department .
| 14 | | (a) In accordance with Title VII of the Environmental | 15 | | Protection Act, and after consultation with the Asbestos | 16 | | Advisory Committee as set forth in subsection (h) of Section 59 | 17 | | of the Environmental Protection Act, the Agency may propose, | 18 | | and the Board may adopt, The Department is empowered to | 19 | | promulgate any rules necessary to
ensure proper implementation | 20 | | and administration of this Act and of the
federal Asbestos | 21 | | Hazard Emergency Response Act of 1986, and the regulations
| 22 | | promulgated thereunder.
| 23 | | (b) Rules adopted under subsection (a) promulgated by the | 24 | | Department shall include, but need not be limited
to:
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| 1 | | (1) all rules necessary to achieve compliance with the | 2 | | federal Asbestos
Hazard Emergency Response Act of 1986 and | 3 | | the regulations promulgated
thereunder;
| 4 | | (2) rules relating to the correct and safe performance | 5 | | of asbestos inspection, air sampling, asbestos abatement | 6 | | work, and other related tasks by persons licensed to do so | 7 | | under the Asbestos Occupations Licensure Act; and rules | 8 | | providing for the training and licensing of persons and
| 9 | | firms to perform asbestos inspection and air sampling; to | 10 | | perform abatement
work; and to serve as asbestos abatement | 11 | | contractors, management, planners,
project designers, | 12 | | project supervisors, project managers and asbestos
workers | 13 | | for public and private secondary and elementary
schools; | 14 | | and any necessary rules relating to the correct and safe
| 15 | | performance of those tasks; and
| 16 | | (3) rules for the development and submission of | 17 | | asbestos management
plans by local educational agencies, | 18 | | and for review and approval of such
plans by the Agency | 19 | | Department .
| 20 | | (c) The rules proposed by the Agency and adopted by the | 21 | | Board shall require each local educational agency to maintain | 22 | | records of asbestos-related activities, which shall be made | 23 | | available to the Agency upon request. In carrying out its | 24 | | responsibilities under this Act, the Department
shall:
| 25 | | (1) publish a list of persons and firms licensed | 26 | | pursuant to this Act,
except that the Department shall not |
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| 1 | | be required to publish a list of
licensed asbestos workers;
| 2 | | (2) require each local educational agency to maintain | 3 | | records of
asbestos-related activities, which shall be | 4 | | made available to the
Department upon request; and
| 5 | | (3) adopt rules for the collection of fees for
training | 6 | | course approval; and for licensing of
inspectors, | 7 | | management planners, project designers, contractors,
| 8 | | supervisors, air sampling professionals, project managers | 9 | | and workers.
| 10 | | (Source: P.A. 96-537, eff. 8-14-09; 96-1000, eff. 7-2-10.)
| 11 | | (105 ILCS 105/6a) (from Ch. 122, par. 1406a)
| 12 | | Sec. 6a.
All rulemaking under this Act shall be conducted | 13 | | in accordance with Title VII of the Environmental Protection | 14 | | Act. The provisions of the Illinois Administrative Procedure | 15 | | Act are
hereby expressly adopted and shall apply to all | 16 | | administrative rules and
procedures of the Department of Public | 17 | | Health under this Act, except that in
case of conflict between | 18 | | the Illinois Administrative Procedure Act and this Act
the | 19 | | provisions of this Act shall control, and except that Section | 20 | | 5-35 of the
Illinois Administrative Procedure Act relating to | 21 | | procedures for rule-making
does not apply to the adoption of | 22 | | any rule required by federal law in
connection with which the | 23 | | Department is precluded by law from exercising any
discretion.
| 24 | | (Source: P.A. 88-45.)
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| 1 | | (105 ILCS 105/6b) (from Ch. 122, par. 1406b)
| 2 | | Sec. 6b.
All final administrative decisions of the Board | 3 | | Department
hereunder shall be subject to judicial review | 4 | | pursuant to the provisions of
Title XI of the Environmental | 5 | | Protection Act the "Administrative Review Law", as amended, and | 6 | | the rules adopted pursuant
thereto. The term "Administrative | 7 | | Decision" is defined as in Section 3-101
of the Code of Civil | 8 | | Procedure .
| 9 | | (Source: P.A. 84-951.)
| 10 | | (105 ILCS 105/7) (from Ch. 122, par. 1407)
| 11 | | Sec. 7. Consistency with federal law. Rules and regulations | 12 | | issued
pursuant to this Act , including those governing the | 13 | | preparation of a list
of contractors and the removal of | 14 | | contractors therefrom as provided for in
Section 10, shall not | 15 | | be inconsistent with rules and regulations
promulgated by the | 16 | | United States Environmental Protection Agency pursuant
to the | 17 | | Toxic Substances Control Act, the Clean Air Act or other | 18 | | applicable
federal statutes.
| 19 | | (Source: P.A. 84-951.)
| 20 | | (105 ILCS 105/9) (from Ch. 122, par. 1409)
| 21 | | Sec. 9. State Funding. Funding sources for State funding | 22 | | with respect
to costs of corrective action shall include | 23 | | appropriations from the General
Revenue Fund, proceeds from | 24 | | litigation against manufacturers,
distributors and contractors |
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| 1 | | of asbestos products, funds provided under the
provisions of | 2 | | the federal Asbestos School Hazard Abatement Act of 1984, or | 3 | | any
combination thereof. The Agency Department shall request | 4 | | appropriations from any
of these funds based on its review of | 5 | | school funding needs and
include such in its annual budget | 6 | | request.
| 7 | | (Source: P.A. 84-951.)
| 8 | | (105 ILCS 105/9a) (from Ch. 122, par. 1409a)
| 9 | | Sec. 9a. Reimbursement for corrective action. The Agency | 10 | | Department shall, from funds
appropriated for this
purpose, | 11 | | reimburse schools which have undertaken corrective action. | 12 | | Such
schools, upon completion of an inspection by the
Agency | 13 | | Department , shall be eligible for reimbursement only for those | 14 | | projects
found to have been conducted in accordance with the | 15 | | provisions of this Act
and the rules promulgated thereunder. | 16 | | Schools shall apply for such
reimbursement to the Agency | 17 | | Department on forms designed and provided by the Agency | 18 | | Department .
| 19 | | The amount of reimbursement for which a public school | 20 | | district is
eligible shall be calculated by the Agency | 21 | | Department based upon a Grant Index
developed by the State | 22 | | Board of Education. This Grant Index shall be based
upon the | 23 | | equalized assessed valuation of the school district and other
| 24 | | measures of relative wealth to determine the percentage of the | 25 | | total cost
of corrective action for which reimbursement shall |
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| 1 | | be authorized. The
Grant Index for any school district is equal | 2 | | to one minus the ratio of the
district's equalized assessed | 3 | | valuation per pupil in weighted daily average
attendance to the | 4 | | equalized assessed valuation per pupil in weighted
average | 5 | | daily attendance of the district located at the ninetieth
| 6 | | percentile for all districts of the same type. The Grant Index | 7 | | for any
school district shall be not less than .50 and no | 8 | | greater than 1.00. The
product of the district's Grant Index | 9 | | and the project cost, as determined by
the Agency Department | 10 | | for approved corrective action, equals the total amount that
| 11 | | shall be reimbursed to the school according to the provisions | 12 | | of this
Section. All non-public schools shall be eligible for | 13 | | reimbursement in an
amount equal to 50% of the cost of | 14 | | corrective action.
| 15 | | Out of funds appropriated for such purpose, 20% of the | 16 | | amount of
reimbursement to which any school is determined | 17 | | entitled shall be paid in
each of 5 successive fiscal years. | 18 | | The Agency Department shall request an annual
appropriation in | 19 | | an amount sufficient to cover all expected reimbursements
to be | 20 | | paid out in that fiscal year.
| 21 | | For purposes of reimbursement under this Section, | 22 | | corrective action means
removal, encapsulation or enclosure.
| 23 | | Schools reimbursed pursuant to this Section for corrective | 24 | | action
shall not be eligible for grants under
Section 9b with | 25 | | respect to the corrective action for which they are so
| 26 | | reimbursed.
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| 1 | | (Source: P.A. 84-1245.)
| 2 | | (105 ILCS 105/9b) (from Ch. 122, par. 1409b)
| 3 | | Sec. 9b.
Grants for asbestos abatement work undertaken on | 4 | | or after
January 1, 1986. Schools which undertake corrective | 5 | | action on or after
January 1, 1986 shall be eligible for grants | 6 | | for asbestos abatement
activities conducted in accordance with | 7 | | this Act and the rules promulgated
thereunder. Funds shall be | 8 | | provided only to those schools which have been
inspected | 9 | | pursuant to this Act. Schools which desire abatement grants
| 10 | | shall apply to the Agency Department for such grants on forms | 11 | | designed and
provided by the Agency Department . The Agency | 12 | | Department shall evaluate applications to
establish priorities | 13 | | for funding recognizing the degree of health hazard
present and | 14 | | shall categorize school needs using a numerical ranking.
| 15 | | In conjunction with the State Board of Education, the | 16 | | Agency Department shall
calculate the amount of grant for which | 17 | | a public school district is
eligible, based upon a Grant Index | 18 | | developed by the State Board of
Education. The Grant Index | 19 | | shall be based upon the equalized assessed
valuation of the | 20 | | school district and other measures of relative wealth to
| 21 | | determine the percentage of the total cost of corrective action | 22 | | for which
grants shall be authorized. The Grant Index for any | 23 | | school district is
equal to one minus the ratio of the | 24 | | district's equalized assessed valuation
per pupil in weighted | 25 | | daily average attendance to the equalized assessed
valuation |
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| 1 | | per pupil in weighted average daily attendance of the district
| 2 | | located at the ninetieth percentile for all districts of the | 3 | | same type.
The Grant Index for any school district shall be not | 4 | | less than .50 and no
greater than 1.00. The product of the | 5 | | district's Grant Index and the
project cost, as determined by | 6 | | the Agency Department for approved corrective
action, equals | 7 | | the amount that shall be expended on behalf of the school.
All | 8 | | non-public schools shall be eligible for grants in an amount | 9 | | equal to
50% of the cost of corrective action.
| 10 | | In conjunction with the Capital Development Board, the | 11 | | Agency Department shall
issue grants to schools for corrective | 12 | | action. The Capital Development
Board shall, in conjunction | 13 | | with the schools, contract with a contractor
whose name appears | 14 | | on the Department's list of approved contractors for the
| 15 | | corrective action determined necessary according to provisions | 16 | | of this Act
and the rules promulgated thereunder. All such | 17 | | contractors shall be
prequalified as may be required by The | 18 | | Illinois Purchasing Act. All
contracts entered into by the
| 19 | | schools and the Capital Development Board shall include a | 20 | | provision that
all work to be conducted under that contract | 21 | | shall be undertaken in
accordance with this Act and the rules | 22 | | promulgated thereunder. The Capital
Development Board shall | 23 | | exercise general supervision over corrective action
financed | 24 | | pursuant to the provisions of this Act and the rules | 25 | | promulgated
thereunder in schools. The Capital Development | 26 | | Board shall request an
annual appropriation in an amount |
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| 1 | | sufficient to cover all expected grants
to be awarded in that | 2 | | year.
For purposes of reimbursement under this Section, | 3 | | corrective action means
removal, encapsulation or enclosure.
| 4 | | A school district may levy a tax in accordance with Section | 5 | | 17-2.11 of
"The School Code" in order to provide local funding | 6 | | for corrective action
ordered under this Act. A school may use | 7 | | federal loans or grants to
finance the cost of corrective | 8 | | action, but no State funding shall be used
to repay any federal | 9 | | loan received by a school for asbestos abatement projects.
| 10 | | (Source: P.A. 84-1096.)
| 11 | | (105 ILCS 105/11) (from Ch. 122, par. 1411)
| 12 | | Sec. 11. Recordkeeping. Each school district shall:
| 13 | | (a) Keep a record of each asbestos abatement project that | 14 | | is performed in schools; and
| 15 | | (b) Make that record available to the Agency Department at | 16 | | any reasonable time.
| 17 | | (Source: P.A. 83-1325.)
| 18 | | (105 ILCS 105/12a) (from Ch. 122, par. 1412a)
| 19 | | Sec. 12a. Emergency stop work orders. Whenever the Agency | 20 | | Department finds that
an emergency exists which requires | 21 | | immediate action to protect the public
health, it may, without | 22 | | notice or hearing, issue an order reciting the
existence of | 23 | | such an emergency and then require that such action be taken
as | 24 | | it may deem necessary to meet the emergency, including but not |
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| 1 | | limited
to the issuance of a stop work order and notice to the | 2 | | Department for the immediate removal of a contractor
or | 3 | | contractors from the list provided for in Section 10. | 4 | | Notwithstanding
any other provision in this Act, such order | 5 | | shall be effective immediately.
The State's Attorney and | 6 | | Sheriff of the county in which the school is
located shall | 7 | | enforce the order after receiving notice thereof. Any
| 8 | | contractor affected by such an order is entitled, upon request, | 9 | | to a hearing
as provided for in rules and regulations | 10 | | promulgated pursuant to this Act.
When such conditions are | 11 | | abated, in the opinion of the Agency Department , the
Agency | 12 | | Department may authorize the reinstitution of the activities | 13 | | and shall provide notice to the Department that it may | 14 | | authorize the inclusion
on the list of contractors of those | 15 | | activities and contractors which were the
subject of a stop | 16 | | work order.
| 17 | | (Source: P.A. 84-951.)
| 18 | | (105 ILCS 105/12b) (from Ch. 122, par. 1412b)
| 19 | | Sec. 12b. Civil Penalties. The Board Department is | 20 | | empowered to assess
civil penalties against a contractor | 21 | | inspector, management planner,
project designer, supervisor, | 22 | | worker, project manager, or air sampling
professional for | 23 | | violations of this Act and the rules promulgated
thereunder, | 24 | | pursuant to rules for such penalties established by the Board
| 25 | | Department .
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| 1 | | (Source: P.A. 86-416.)
| 2 | | (105 ILCS 105/12c) (from Ch. 122, par. 1412c)
| 3 | | Sec. 12c.
Under emergency conditions, an employee of a | 4 | | school district
may clean or dispose of less than 3 linear feet | 5 | | or 3 square feet of friable
or non-friable asbestos containing | 6 | | material in schools without meeting the
definition of an | 7 | | "asbestos worker" as defined in this Act, provided the
employee | 8 | | has completed the maximum asbestos awareness program provided | 9 | | for
in federal law or rules. "Emergency conditions" for the | 10 | | purpose of this
Section shall mean:
| 11 | | 1) the facility is without heat, water, gas, or electric; | 12 | | or
| 13 | | 2) the facility is unable to keep outside elements such as | 14 | | water from
entering the interior of the structure; or
| 15 | | 3) the dislodging or falling of less than 3 linear feet or | 16 | | 3 square feet
of asbestos containing materials.
| 17 | | The Board Department may further define, by rule, what
| 18 | | circumstances constitute an "emergency condition" under this | 19 | | Section. The
Department may also set forth, by rule, the | 20 | | training or
awareness program a school employee must meet as a | 21 | | prerequisite to
conducting of asbestos clean-up or disposal | 22 | | pursuant to this Section.
| 23 | | (Source: P.A. 86-647.)
| 24 | | (105 ILCS 105/13) (from Ch. 122, par. 1413)
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| 1 | | Sec. 13. Federal funding. To the extent that federal funds | 2 | | become
available for the removal of asbestos from schools and | 3 | | subject to any
limitations which may be imposed, such federal | 4 | | funds shall be used in lieu
of State financing of corrective | 5 | | actions and for any administrative costs
incurred by the Agency | 6 | | Department in the administration of this Act.
| 7 | | (Source: P.A. 83-1325.)
| 8 | | (105 ILCS 105/14) (from Ch. 122, par. 1414)
| 9 | | Sec. 14. Enforcement. Notwithstanding the existence or | 10 | | pursuit of any
other remedy, the Director may, in the manner | 11 | | provided by law, in the name
of the People of the State and | 12 | | through the Attorney General who shall
represent the Director | 13 | | in the proceedings, maintain an action for
injunction or other | 14 | | relief or process against any school, the governing
body | 15 | | thereof and any other person or unit of local government to | 16 | | enforce
and compel compliance with the provisions of this Act, | 17 | | the rules and
regulations promulgated thereunder and any order | 18 | | entered for any
response action pursuant to this Act and such | 19 | | rules and regulations. Enforcement proceedings under this | 20 | | Section shall be conducted in accordance with Title VIII of the | 21 | | Environmental Protection Act.
| 22 | | (Source: P.A. 86-416.)
| 23 | | (105 ILCS 105/16) (from Ch. 122, par. 1416)
| 24 | | Sec. 16. Illinois School Asbestos Abatement Fund. All fees |
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| 1 | | and
penalties collected by the Agency Department pursuant to | 2 | | this Act shall be
deposited into the Illinois School Asbestos | 3 | | Abatement Fund which is
hereby created in the State Treasury. | 4 | | Subject to appropriation, all monies
deposited in the Illinois | 5 | | School Asbestos Abatement Fund under this
Act shall be | 6 | | available to the Agency Department for its administration of | 7 | | this Act and
of the federal Asbestos Hazard Emergency Response | 8 | | Act of 1986. Subject to
appropriation, all moneys deposited in | 9 | | the Illinois School Asbestos Abatement
Fund shall be available | 10 | | to the Agency Department of Public Health for administration
of | 11 | | the Asbestos Abatement Act and the Commercial and Public | 12 | | Building Asbestos
Abatement Act. The Illinois School Asbestos | 13 | | Abatement Fund is not subject to sweeps, administrative charges | 14 | | or chargebacks, or any other fiscal or budgetary maneuver that | 15 | | would in any way transfer any moneys from the Illinois School | 16 | | Asbestos Abatement Fund to any other Fund of the State or in | 17 | | the State treasury.
| 18 | | (Source: P.A. 89-143, eff. 7-14-95.)
| 19 | | (105 ILCS 105/6c rep.) | 20 | | (105 ILCS 105/10 rep.) | 21 | | (105 ILCS 105/10a rep.) | 22 | | (105 ILCS 105/10b rep.) | 23 | | (105 ILCS 105/15a rep.) | 24 | | Section 80. The Asbestos Abatement Act is amended by | 25 | | repealing Sections 6c, 10, 10a, 10b, and 15a. |
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| 1 | | Section 85. The Commercial and Public Building Asbestos | 2 | | Abatement Act is amended by changing Sections 15, 20, 25, 40, | 3 | | 55, and 60 as follows: | 4 | | (225 ILCS 207/15)
| 5 | | Sec. 15. Definitions. As used in this Act:
| 6 | | "Agency" means the Illinois Environmental Protection | 7 | | Agency. | 8 | | "Asbestos abatement contractor" means any entity that
| 9 | | provides removal, enclosure, encapsulation, or disposal of | 10 | | asbestos
containing materials.
| 11 | | "Asbestos containing building materials" or "ACBM" means
| 12 | | surfacing asbestos containing materials or ACM, thermal system
| 13 | | insulation ACM, or miscellaneous ACM that is found in or on | 14 | | interior
structural members or other parts of a building.
| 15 | | "Asbestos" means the asbestiform varieties of chrysotile,
| 16 | | amosite, crocidolite, tremolite, anthrophyllite, and | 17 | | actinolite.
| 18 | | "Asbestos inspector" means an individual who performs | 19 | | inspections of
commercial and public buildings for the presence | 20 | | of asbestos containing
materials.
| 21 | | "Asbestos materials" means any material or product that | 22 | | contains more than 1%
asbestos.
| 23 | | "Asbestos consultant" means a person offering expert or | 24 | | professional advice
as
an asbestos professional or designated |
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| 1 | | person.
| 2 | | "Asbestos professional" means an individual who is | 3 | | licensed by the Department
to
perform the duties of an | 4 | | inspector, management planner, project
designer, project | 5 | | supervisor, project manager, or air sampling professional, as | 6 | | applicable, except project supervisors under the direct employ | 7 | | of a licensed asbestos abatement contractor.
| 8 | | "Asbestos supervisor" means an asbestos abatement | 9 | | contractor, foreman, or
person designated as the asbestos | 10 | | abatement contractor's representative who is
responsible for | 11 | | the onsite supervision of the removal, encapsulation, or
| 12 | | enclosure of friable or nonfriable asbestos-containing | 13 | | materials in a
commercial or public building.
| 14 | | "Asbestos worker" means an individual who cleans, removes, | 15 | | encapsulates,
encloses, hauls, or disposes of friable asbestos | 16 | | material.
| 17 | | "Board" means the Illinois Pollution Control Board. | 18 | | "Building/facility owner" is the legal entity, including a
| 19 | | lessee, that exercises control over management and record | 20 | | keeping
functions relating to a building or facility in which | 21 | | activities
covered by this standard take place.
| 22 | | "Commercial or public building" means
the interior space of | 23 | | any building, except that the term does not include any
| 24 | | residential apartment building of fewer than 10 units or | 25 | | detached single family
homes. The term includes, but is not | 26 | | limited to: industrial and office
buildings, residential |
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| 1 | | apartment buildings and condominiums of 10 or more
dwelling | 2 | | units, government-owned buildings, colleges, museums, | 3 | | airports,
hospitals, churches, schools, preschools, stores, | 4 | | warehouses, and factories.
Interior space includes exterior | 5 | | hallways connecting buildings, porticos, and
mechanical | 6 | | systems used to condition interior space.
| 7 | | "Department" means the Department of Public Health.
| 8 | | "Designated person" means a person designated by the local | 9 | | education
agency, as
defined by the Asbestos Abatement Act, to | 10 | | ensure that the management plan has
been properly implemented.
| 11 | | "Director" means the Director of the Illinois | 12 | | Environmental Protection Agency Public Health .
| 13 | | "Encapsulation" means the treatment of ACBM with a
material | 14 | | that surrounds or embeds asbestos fibers in an adhesive
matrix | 15 | | that prevents the release of fibers as the encapsulant creates
| 16 | | a membrane over the surfaces (bridging encapsulant) or | 17 | | penetrates
the material and binds its components together | 18 | | (penetrating
encapsulant).
| 19 | | "Enclosure" means the construction of airtight walls and
| 20 | | ceilings between the asbestos containing material and the | 21 | | building
environment, or around surfaces coated with asbestos | 22 | | containing materials, or
any other appropriate scientific | 23 | | procedure as determined by the Agency
Department that prevents | 24 | | the release of asbestos.
| 25 | | "Friable", when referring to material in a commercial or | 26 | | public building,
means that the material, when dry, may be |
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| 1 | | crumbled, pulverized, or
reduced to powder by hand pressure and | 2 | | includes previously
nonfriable materials after such previously | 3 | | nonfriable material
becomes damaged to the extent that, when | 4 | | dry, it may be crumbled,
pulverized, or reduced to powder by | 5 | | hand pressure.
| 6 | | "Inspection" means an activity undertaken in a public or | 7 | | commercial building
to determine the presence or location, or | 8 | | to assess the condition of, friable
or nonfriable asbestos | 9 | | containing building material (ACBM) or suspected ACBM,
whether | 10 | | by visual or physical examination, or by collecting samples of | 11 | | such
material.
| 12 | | "Nonfriable" means material in a commercial or public
| 13 | | building which, when dry, may not be crumbled, pulverized, or
| 14 | | reduced to powder by hand pressure.
| 15 | | "Person" means any individual, group of individuals,
| 16 | | association, trust, partnership, corporation, person doing | 17 | | business
under an assumed name, or any other
entity.
| 18 | | "Project designer" means an individual who
designs | 19 | | response actions for commercial or public
buildings.
| 20 | | "Response action" means a method, including removal,
| 21 | | encapsulation, enclosure, repair, operations and maintenance, | 22 | | that
protects human health and the environment from friable | 23 | | ACBM.
| 24 | | "Response action contractor" means any entity that
engages | 25 | | in response action services.
| 26 | | "Response action services" means the service of designing |
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| 1 | | and conducting
removal, encapsulation, enclosure, repair, or | 2 | | operations and maintenance of
friable asbestos containing | 3 | | building materials, inspection of public or
commercial | 4 | | buildings, and inspection of asbestos containing materials.
| 5 | | The term does not include the design or conducting of response | 6 | | actions that
involve removal or possible disturbance of an | 7 | | amount of asbestos containing
building material comprising | 8 | | less than 3 square feet or less than 3 lineal feet of other | 9 | | friable asbestos
containing building material.
| 10 | | (Source: P.A. 93-894, eff. 8-10-04.)
| 11 | | (225 ILCS 207/20)
| 12 | | Sec. 20. Powers and Duties of the Agency and the Board | 13 | | Department .
| 14 | | (a) In accordance with Title VII of the Environmental | 15 | | Protection Act, and after consultation with the Asbestos | 16 | | Advisory Committee as set forth in subsection (h) of Section 59 | 17 | | of the Environmental Protection Act, the Agency may propose, | 18 | | and the Pollution Control Board may adopt, The Department is | 19 | | empowered to promulgate any rules
necessary to ensure proper | 20 | | implementation and administration of
this Act, and compliance | 21 | | with the federal Asbestos School Hazard Abatement
| 22 | | Reauthorization Act of 1990.
| 23 | | (b) Rules adopted by the Board promulgated by the | 24 | | Department shall include, but not be limited
to, rules relating | 25 | | to the correct and safe performance of response action
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| 1 | | services, and rules for the assessment of civil penalties for | 2 | | violations of this
Act or rules promulgated under it , and
rules | 3 | | providing for the training and licensing of persons
and firms | 4 | | (i) to perform asbestos inspection, (ii) to perform abatement
| 5 | | work, and (iii) to serve as asbestos abatement contractors, | 6 | | response action
contractors, and asbestos workers . The Agency | 7 | | Department is empowered to inspect
activities regulated by this | 8 | | Act to ensure compliance.
| 9 | | (c) (Blank). In carrying out its responsibilities under | 10 | | this Act, the
Department shall:
| 11 | | (1) Publish a list of response action contractors | 12 | | licensed under
this Act, except that the Department shall | 13 | | not be required to
publish a list of licensed asbestos | 14 | | workers; and
| 15 | | (2) Adopt rules for the collection of fees for training | 16 | | course
approval and for the licensing of inspectors, | 17 | | project designers,
contractors, supervisors, and workers.
| 18 | | (d) All rulemaking under this Act shall be conducted in | 19 | | accordance with Title VII of the Environmental Protection Act. | 20 | | The provisions of the Illinois Administrative Procedure
Act are | 21 | | hereby expressly adopted
and shall apply to all administrative | 22 | | rules and procedures of the
Department of Public Health under | 23 | | this Act, except that in case of
conflict between the Illinois | 24 | | Administrative Procedure Act and
this Act the provisions of | 25 | | this Act shall control, and except that
Section 5-35 of the | 26 | | Illinois Administrative Procedure Act relating to
procedures |
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| 1 | | for rulemaking does not apply to the adoption of any
rule | 2 | | required by federal law in connection with which the
Department | 3 | | is precluded by law from exercising any discretion.
| 4 | | (e) All final administrative decisions of the Board | 5 | | Department
under this Act shall be subject to judicial review | 6 | | pursuant to the
provisions of Title XI of the Environmental | 7 | | Protection Act the Administrative Review Law and the
rules | 8 | | adopted under it. The term "administrative decision"
has the | 9 | | meaning ascribed to it in Section 3-101 of the Code of Civil | 10 | | Procedure .
| 11 | | (f) (Blank). The Director, after notice and opportunity for | 12 | | hearing to
the applicant or license holder, may deny, suspend, | 13 | | or revoke a
license or expunge such person from the State list | 14 | | in any case in
which he or she finds that there has been a | 15 | | substantial failure to
comply with the provisions of this Act | 16 | | or the standards or rules
established under it.
Notice shall be | 17 | | provided by certified mail, return receipt requested, or by
| 18 | | personal
service setting forth the particular response for the | 19 | | proposed action
and fixing a date, not less than 15 days from | 20 | | the date of such
mailing or service, at which time the | 21 | | applicant, asbestos abatement contractor,
or license holder | 22 | | shall be given an opportunity to request hearing. The hearing | 23 | | shall be conducted by the Director or by an
individual | 24 | | designated in writing by the Director as Hearing Officer
to | 25 | | conduct the hearing. On the basis of any such hearing, or upon
| 26 | | default of the asbestos abatement contractor, applicant or |
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| 1 | | license holder, the
Director shall make a determination | 2 | | specifying his or her findings and
conclusions. A copy of the | 3 | | determination shall be sent by
certified mail, return receipt | 4 | | requested, or served personally upon the
applicant, | 5 | | contractor, or
license holder.
| 6 | | The procedure governing hearings authorized by this | 7 | | Section
shall be in accordance with rules promulgated by the | 8 | | Department.
A full and complete record shall be kept of all | 9 | | proceedings,
including the notice of hearing, complaint, and | 10 | | all other documents
in the nature of pleadings, written motions | 11 | | filed in the proceedings,
and the report and orders of the | 12 | | Director and Hearing Officer. All
testimony shall be reported | 13 | | but need not be transcribed unless the
decision is sought to be | 14 | | reviewed under the Administrative
Review Law. A copy or copies | 15 | | of the transcript may be obtained
by any interested party on | 16 | | payment of the cost of preparing the
copy or copies. The | 17 | | Director or Hearing Officer shall, upon his or
her own motion | 18 | | or on the written request of any party to the
proceeding, issue | 19 | | subpoenas requiring the attendance and the giving
of testimony | 20 | | by witnesses, and subpoenas duces tecum requiring the
| 21 | | production of books, papers, records, or memoranda. All | 22 | | subpoenas
and subpoenas duces tecum issued under this Act may
| 23 | | be served by any person of legal age. The fees of witnesses for
| 24 | | attendance and travel shall be the same as the fees of | 25 | | witnesses
before the courts of this State, such fees to be paid | 26 | | when
the witness is excused from further attendance. When the |
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| 1 | | witness
is subpoenaed at the instance of the Director or | 2 | | Hearing Officer,
such fees shall be paid in the same manner as | 3 | | other expenses of
the Department, and when the witness is | 4 | | subpoenaed at the
instance of any other party to any such | 5 | | proceeding the Department
may require that the cost of service | 6 | | of the subpoena or subpoena
duces tecum and the fee of the | 7 | | witness be borne by the party at
whose instance the witness is | 8 | | summoned. In such case, the
Department in its discretion may | 9 | | require a deposit to cover the cost
of such service and witness | 10 | | fees. A subpoena or subpoena duces
tecum so issued as above | 11 | | stated shall be served in the same
manner as a subpoena issued | 12 | | by a circuit court.
| 13 | | Any circuit court of this State, upon the application of | 14 | | the
Director, or upon the application of any other party to the
| 15 | | proceeding, may, in its discretion, compel the attendance of
| 16 | | witnesses, the production of books, papers, records, or | 17 | | memoranda
and the giving of testimony before the Director or | 18 | | Hearing Officer
conducting an investigation or holding a | 19 | | hearing authorized by this
Act, by an attachment for contempt | 20 | | or otherwise, in the same
manner as production of evidence may | 21 | | be compelled before the
court.
| 22 | | The Director or Hearing Officer, or any party in an
| 23 | | investigation or hearing before the Department, may cause the
| 24 | | depositions of witnesses within this State to be taken in the | 25 | | manner
prescribed by law for like depositions in civil actions | 26 | | in courts of
this State, and, to that end, compel the |
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| 1 | | attendance of witnesses and
the production of books, papers, | 2 | | records, or memoranda.
| 3 | | (Source: P.A. 89-143, eff. 7-14-95.)
| 4 | | (225 ILCS 207/25)
| 5 | | Sec. 25. Consistency with federal law. Rules
issued under | 6 | | this Act , including those governing the
preparation of a list | 7 | | of response action contractors and the removal of
response | 8 | | action contractors
from the list as provided for in Section 20, | 9 | | shall not be inconsistent
with rules and regulations | 10 | | promulgated by the United States
Environmental Protection | 11 | | Agency under the Toxic Substances
Control Act, the Clean Air | 12 | | Act, or other applicable federal statutes.
| 13 | | (Source: P.A. 89-143, eff. 7-14-95.)
| 14 | | (225 ILCS 207/40)
| 15 | | Sec. 40. Enforcement. Notwithstanding the existence or | 16 | | pursuit
of any other remedy, the Director may, in the manner | 17 | | provided by
law and in the name of the People of the State and | 18 | | through the State's Attorney
or the Attorney General who shall | 19 | | represent the Director in the
proceedings, maintain an action | 20 | | for prosecution, injunction, or other relief or
process against | 21 | | any Building/Facility Owner or any other person or
unit of | 22 | | local government to enforce and compel compliance with the
| 23 | | provisions of this Act, the rules promulgated under it and any | 24 | | order entered
for any action under this Act and its rules.
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| 1 | | Enforcement proceedings under this Section shall be conducted | 2 | | in accordance with Title VIII of the Environmental Protection | 3 | | Act. A person who violates this Act is guilty of a Class A | 4 | | misdemeanor punishable
by a fine of $1,000 for each day the | 5 | | violation exists in addition to other
civil penalties or up to | 6 | | 6 months imprisonment or both a fine and
imprisonment.
| 7 | | (Source: P.A. 89-143, eff. 7-14-95.)
| 8 | | (225 ILCS 207/55)
| 9 | | Sec. 55. Civil penalties. The Board Department is empowered | 10 | | to
assess civil penalties for violations of this Act
and the | 11 | | rules promulgated under this Act pursuant to rules for such
| 12 | | penalties established by the Board Department .
| 13 | | (Source: P.A. 89-143, eff. 7-14-95.)
| 14 | | (225 ILCS 207/60)
| 15 | | Sec. 60. Illinois School Asbestos Abatement Fund. All fees | 16 | | and penalties
collected by the Agency Department pursuant to | 17 | | this Act shall be deposited into the
Illinois School Asbestos | 18 | | Abatement Fund created by Section 16 of the Asbestos
Abatement | 19 | | Act, and shall be available to the Agency Department for the | 20 | | administration of the Asbestos Abatement Act and this Act as | 21 | | provided in that
Act .
| 22 | | (Source: P.A. 89-143, eff. 7-14-95.)
| 23 | | (225 ILCS 207/30 rep.) |
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| 1 | | (225 ILCS 207/35 rep.) | 2 | | (225 ILCS 207/45 rep.) | 3 | | Section 90. The Commercial and Public Building Asbestos | 4 | | Abatement Act is amended by repealing Sections 30, 35, and 45. | 5 | | Section 95. The Environmental Protection Act is amended by | 6 | | adding Section 4, 5, 28, and 59 as follows:
| 7 | | (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
| 8 | | Sec. 4. Environmental Protection Agency; establishment; | 9 | | duties.
| 10 | | (a) There is established in the Executive Branch of the | 11 | | State Government an
agency to be known as the Environmental | 12 | | Protection Agency. This Agency shall
be under the supervision | 13 | | and direction of a Director who shall be appointed by
the | 14 | | Governor with the advice and consent of the Senate. The term of | 15 | | office
of the Director shall expire on the third Monday of | 16 | | January in odd numbered
years, provided that he or she shall | 17 | | hold office until a successor is appointed
and has qualified. | 18 | | The Director shall
receive an annual salary as set by
the | 19 | | Compensation Review Board. The Director, in accord with the | 20 | | Personnel Code, shall employ and
direct such personnel, and | 21 | | shall provide for such laboratory and other
facilities, as may | 22 | | be necessary to carry out the purposes of this Act. In
| 23 | | addition, the Director may by agreement secure such services as | 24 | | he or she
may deem necessary from any other department, agency, |
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| 1 | | or unit of the State
Government, and may employ and compensate | 2 | | such consultants and technical
assistants as may be required.
| 3 | | (b) The Agency shall have the duty to collect and | 4 | | disseminate such
information, acquire such technical data, and | 5 | | conduct such experiments
as may be required to carry out the | 6 | | purposes of this Act, including
ascertainment of the quantity | 7 | | and nature of discharges from any
contaminant source and data | 8 | | on those sources, and to operate and arrange
for the operation | 9 | | of devices for the monitoring of environmental quality.
| 10 | | (c) The Agency shall have authority to conduct a program of
| 11 | | continuing surveillance and of regular or periodic inspection | 12 | | of actual
or potential contaminant or noise sources, of public | 13 | | water supplies, and
of refuse disposal sites.
| 14 | | (d) In accordance with constitutional limitations,
the | 15 | | Agency shall have authority to enter at all reasonable times
| 16 | | upon any private or public property for the purpose of:
| 17 | | (1) Inspecting and investigating to ascertain possible | 18 | | violations of
this Act, any rule or regulation adopted | 19 | | under this Act, any permit or
term or condition of a | 20 | | permit, or any Board order; or
| 21 | | (2) In accordance with the provisions of this Act, | 22 | | taking whatever
preventive or corrective action, including | 23 | | but not limited to removal or
remedial action, that is | 24 | | necessary or appropriate whenever there is a
release or a | 25 | | substantial threat of a release of (A) a hazardous
| 26 | | substance or pesticide or (B) petroleum from an underground |
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| 1 | | storage tank.
| 2 | | (e) The Agency shall have the duty to investigate | 3 | | violations of this
Act, any rule or regulation adopted under | 4 | | this Act, any permit or
term or condition of a permit, or any | 5 | | Board order;
to issue administrative citations as provided in | 6 | | Section 31.1 of this
Act; and to take such summary enforcement | 7 | | action as is provided
for by Section 34 of this Act.
| 8 | | (f) The Agency shall appear before the Board in any hearing | 9 | | upon a
petition for variance, the denial of a permit, or the | 10 | | validity or effect
of a rule or regulation of the Board, and | 11 | | shall have the authority to
appear before the Board in any | 12 | | hearing under the Act.
| 13 | | (g) The Agency shall have the duty to administer, in accord | 14 | | with
Title X of this Act, such permit and certification systems | 15 | | as may be
established by this Act or by regulations adopted | 16 | | thereunder.
The Agency may enter into written delegation | 17 | | agreements with any department,
agency, or unit of State or | 18 | | local government under which all or portions
of this duty may | 19 | | be delegated for public water supply storage and transport
| 20 | | systems, sewage collection and transport systems, air | 21 | | pollution control
sources with uncontrolled emissions of 100 | 22 | | tons per year or less and
application of algicides to waters of | 23 | | the State. Such delegation
agreements will require that the | 24 | | work to be performed thereunder will be
in accordance with | 25 | | Agency criteria, subject to Agency review, and shall
include | 26 | | such financial and program auditing by the Agency as may be |
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| 1 | | required.
| 2 | | (h) The Agency shall have authority to require the | 3 | | submission of
complete plans and specifications from any | 4 | | applicant for a permit
required by this Act or by regulations | 5 | | thereunder, and to require the
submission of such reports | 6 | | regarding actual or potential violations of
this Act, any rule | 7 | | or regulation adopted under this Act, any permit or
term or | 8 | | condition of a permit, or any Board order, as may be necessary | 9 | | for the purposes of
this Act.
| 10 | | (i) The Agency shall have authority to make recommendations | 11 | | to the
Board for the adoption of regulations under Title VII of | 12 | | the Act.
| 13 | | (i-5) The Agency shall have authority to make | 14 | | recommendations to the Board for the adoption of regulations | 15 | | under Title VII of the Act to fulfill the purposes of the | 16 | | Asbestos Abatement Act and the Commercial and Public Buildings | 17 | | Asbestos Abatement Act. | 18 | | (j) The Agency shall have the duty to represent the State | 19 | | of
Illinois in any and all matters pertaining to plans, | 20 | | procedures, or
negotiations for interstate compacts or other | 21 | | governmental arrangements
relating to environmental | 22 | | protection.
| 23 | | (k) The Agency shall have the authority to accept, receive, | 24 | | and
administer on behalf of the State any grants, gifts, loans, | 25 | | indirect cost
reimbursements, or other funds made available to | 26 | | the State from any source
for purposes of this Act or for air |
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| 1 | | or water pollution control, public water
supply, solid waste | 2 | | disposal, noise abatement, or other environmental
protection | 3 | | activities, surveys, or programs. Any federal funds received by | 4 | | the
Agency pursuant to this subsection shall be deposited in a | 5 | | trust fund with the
State Treasurer and held and disbursed by | 6 | | him in accordance with Treasurer as
Custodian of Funds Act, | 7 | | provided that such monies shall be used only for the
purposes | 8 | | for which they are contributed and any balance remaining shall | 9 | | be
returned to the contributor.
| 10 | | The Agency is authorized to promulgate such regulations and | 11 | | enter
into such contracts as it may deem necessary for carrying | 12 | | out the
provisions of this subsection.
| 13 | | (l) The Agency is hereby designated as water pollution | 14 | | agency for
the state for all purposes of the Federal Water | 15 | | Pollution Control Act, as
amended; as implementing agency for | 16 | | the State for all purposes of the Safe
Drinking Water Act, | 17 | | Public Law 93-523, as now or hereafter amended, except
Section | 18 | | 1425 of that Act; as air pollution agency for the state for all
| 19 | | purposes of the Clean Air Act of 1970, Public Law 91-604, | 20 | | approved December 31,
1970, as amended; and as solid waste | 21 | | agency for the state for all purposes of
the Solid Waste | 22 | | Disposal Act, Public Law 89-272, approved October 20, 1965,
and | 23 | | amended by the Resource Recovery Act of 1970, Public Law | 24 | | 91-512, approved
October 26, 1970, as amended, and amended by | 25 | | the Resource Conservation and
Recovery Act of 1976, (P.L. | 26 | | 94-580) approved October 21, 1976, as amended; as
noise control |
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| 1 | | agency for the state for all purposes of the Noise Control Act | 2 | | of
1972, Public Law 92-574, approved October 27, 1972, as | 3 | | amended; and as
implementing agency for the State for all | 4 | | purposes of the Comprehensive
Environmental Response, | 5 | | Compensation, and Liability Act of 1980 (P.L. 96-510),
as | 6 | | amended; and otherwise as pollution control agency for the | 7 | | State pursuant
to federal laws integrated with the foregoing | 8 | | laws, for financing purposes or
otherwise. The Agency is hereby | 9 | | authorized to take all action necessary or
appropriate to | 10 | | secure to the State the benefits of such federal Acts, provided
| 11 | | that the Agency shall transmit to the United States without | 12 | | change any
standards adopted by the Pollution Control Board | 13 | | pursuant to Section 5(c) of
this Act. This subsection (l) of | 14 | | Section 4 shall not be construed to bar or
prohibit the | 15 | | Environmental Protection Trust Fund Commission from accepting,
| 16 | | receiving, and administering on behalf of the State any grants, | 17 | | gifts,
loans or other funds for which the Commission is | 18 | | eligible pursuant to the
Environmental Protection Trust Fund | 19 | | Act. The Agency is hereby designated as
the State agency for | 20 | | all purposes of administering the requirements of Section
313 | 21 | | of the federal Emergency Planning and Community Right-to-Know | 22 | | Act of 1986.
| 23 | | Any municipality, sanitary district, or other political | 24 | | subdivision,
or any Agency of the State or interstate Agency, | 25 | | which makes application
for loans or grants under such federal | 26 | | Acts shall notify the Agency of
such application; the Agency |
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| 1 | | may participate in proceedings under such
federal Acts.
| 2 | | (m) The Agency shall have authority, consistent with | 3 | | Section 5(c)
and other provisions of this Act, and for purposes | 4 | | of Section 303(e) of
the Federal Water Pollution Control Act, | 5 | | as now or hereafter amended,
to engage in planning processes | 6 | | and activities and to develop
plans in cooperation with units | 7 | | of local government, state agencies and
officers, and other | 8 | | appropriate persons in connection with the
jurisdiction or | 9 | | duties of each such unit, agency, officer or person.
Public | 10 | | hearings shall be held on the planning process, at which any
| 11 | | person shall be permitted to appear and be heard, pursuant to | 12 | | procedural
regulations promulgated by the Agency.
| 13 | | (n) In accordance with the powers conferred upon the Agency | 14 | | by
Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the | 15 | | Agency shall
have authority to establish and enforce minimum | 16 | | standards for the
operation of laboratories relating to | 17 | | analyses and laboratory tests for
air pollution, water | 18 | | pollution, noise emissions, contaminant discharges
onto land | 19 | | and sanitary, chemical, and mineral quality of water
| 20 | | distributed by a public water supply. The Agency may enter into | 21 | | formal
working agreements with other departments or agencies of | 22 | | state
government under which all or portions of this authority | 23 | | may be
delegated to the cooperating department or agency.
| 24 | | (o) The Agency shall have the authority to issue | 25 | | certificates of
competency to persons and laboratories meeting | 26 | | the minimum standards
established by the Agency in accordance |
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| 1 | | with Section 4(n) of this Act
and to promulgate and enforce | 2 | | regulations relevant to the issuance and
use of such | 3 | | certificates. The Agency may enter into formal working
| 4 | | agreements with other departments or agencies of state | 5 | | government under
which all or portions of this authority may be | 6 | | delegated to the
cooperating department or agency.
| 7 | | (p) Except as provided in Section 17.7, the Agency shall | 8 | | have the
duty to analyze samples as required
from each public | 9 | | water supply to determine compliance with the
contaminant | 10 | | levels specified by the Pollution Control Board. The maximum
| 11 | | number of samples which the Agency shall be required to analyze | 12 | | for
microbiological quality shall be 6 per month, but the | 13 | | Agency may, at its
option, analyze a larger number each month | 14 | | for any supply. Results of
sample analyses for additional | 15 | | required bacteriological testing,
turbidity, residual chlorine | 16 | | and radionuclides are to be provided to the
Agency in | 17 | | accordance with Section 19. Owners of water supplies may enter
| 18 | | into agreements with the Agency to provide for reduced Agency
| 19 | | participation in sample analyses.
| 20 | | (q) The Agency shall have the authority to provide notice | 21 | | to any
person who may be liable pursuant to Section 22.2(f) of | 22 | | this Act for a
release or a substantial threat of a release of | 23 | | a hazardous substance or
pesticide. Such notice shall include | 24 | | the identified response action and an
opportunity for such | 25 | | person to perform the response action.
| 26 | | (r) The Agency may enter into written delegation agreements |
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| 1 | | with any
unit of local government under which it may delegate | 2 | | all or portions of its
inspecting, investigating and | 3 | | enforcement functions. Such delegation
agreements shall | 4 | | require that work performed thereunder be in accordance
with | 5 | | Agency criteria and subject to Agency review.
Notwithstanding | 6 | | any other provision of law to the contrary, no unit of
local | 7 | | government shall be liable for any injury resulting from the | 8 | | exercise
of its authority pursuant to such a delegation | 9 | | agreement unless the injury
is proximately caused by the | 10 | | willful and wanton negligence of an agent or
employee of the | 11 | | unit of local government, and any policy of insurance
coverage | 12 | | issued to a unit of local government may provide for the denial | 13 | | of
liability and the nonpayment of claims based upon injuries | 14 | | for which the unit
of local government is not liable pursuant | 15 | | to this subsection (r).
| 16 | | (s) The Agency shall have authority to take whatever | 17 | | preventive or
corrective action is necessary or appropriate, | 18 | | including but not limited to
expenditure of monies appropriated | 19 | | from the Build Illinois Bond Fund and
the Build Illinois | 20 | | Purposes Fund for removal or remedial action, whenever
any | 21 | | hazardous substance or pesticide is released or
there is a | 22 | | substantial threat of such a release into the environment. The
| 23 | | State, the Director, and any State employee shall be | 24 | | indemnified for any
damages or injury arising out of or | 25 | | resulting from any action taken under
this subsection. The | 26 | | Director of the Agency is authorized to enter into
such |
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| 1 | | contracts and agreements as are necessary
to carry out the | 2 | | Agency's duties under this subsection.
| 3 | | (t) The Agency shall have authority to distribute grants, | 4 | | subject to
appropriation by the General Assembly, to units of | 5 | | local government for financing and construction of
wastewater | 6 | | facilities in both incorporated and unincorporated areas. With | 7 | | respect to all monies appropriated
from the Build Illinois Bond | 8 | | Fund and the Build Illinois Purposes
Fund for wastewater | 9 | | facility grants, the Agency shall make
distributions in | 10 | | conformity with the rules and regulations established
pursuant | 11 | | to the Anti-Pollution Bond Act, as now or hereafter amended.
| 12 | | (u) Pursuant to the Illinois Administrative Procedure Act, | 13 | | the
Agency shall have the authority to adopt such rules as are | 14 | | necessary or
appropriate for the Agency to implement Section | 15 | | 31.1 of this Act.
| 16 | | (v) (Blank.)
| 17 | | (w) Neither the State, nor the Director, nor the Board, nor | 18 | | any State
employee shall be liable for any damages or injury | 19 | | arising out of or
resulting from any action taken under | 20 | | subsection (s).
| 21 | | (x)(1) The Agency shall have authority to distribute | 22 | | grants, subject to
appropriation by the General Assembly, | 23 | | to units of local government for
financing and construction | 24 | | of public water supply facilities. With respect
to all | 25 | | monies appropriated from the Build Illinois Bond Fund or | 26 | | the Build
Illinois Purposes Fund for public water supply |
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| 1 | | grants, such grants shall be
made in accordance with rules | 2 | | promulgated by the Agency.
Such rules shall include a | 3 | | requirement for a local match of 30% of the
total project | 4 | | cost for projects funded through such grants.
| 5 | | (2) The Agency shall not terminate a grant to a unit of | 6 | | local government
for the financing and construction of | 7 | | public water supply facilities unless
and until the Agency | 8 | | adopts rules that set forth precise and complete
standards, | 9 | | pursuant to Section 5-20 of the Illinois Administrative
| 10 | | Procedure Act, for the termination of such grants. The | 11 | | Agency shall not
make determinations on whether specific | 12 | | grant conditions are necessary to
ensure the integrity of a | 13 | | project or on whether subagreements shall be
awarded, with | 14 | | respect to grants for the financing and construction of
| 15 | | public water supply facilities, unless and until the Agency | 16 | | adopts rules
that set forth precise and complete standards, | 17 | | pursuant to Section 5-20
of the Illinois Administrative | 18 | | Procedure Act, for making such
determinations. The Agency | 19 | | shall not issue a stop-work order in relation to
such | 20 | | grants unless and until the Agency adopts precise and | 21 | | complete standards,
pursuant to Section 5-20 of the | 22 | | Illinois Administrative Procedure Act, for
determining | 23 | | whether to issue a stop-work order.
| 24 | | (y) The Agency shall have authority to release any person | 25 | | from further
responsibility for preventive or corrective | 26 | | action under this Act following
successful completion of |
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| 1 | | preventive or corrective action undertaken by such
person upon | 2 | | written request by the person.
| 3 | | (z) To the extent permitted by any applicable federal law | 4 | | or regulation, for all work performed for State construction | 5 | | projects which are funded in whole or in part by a capital | 6 | | infrastructure bill enacted by the 96th General Assembly by | 7 | | sums appropriated to the Environmental Protection Agency, at | 8 | | least 50% of the total labor hours must be performed by actual | 9 | | residents of the State of Illinois. For purposes of this | 10 | | subsection, "actual residents of the State of Illinois" means | 11 | | persons domiciled in the State of Illinois. The Department of | 12 | | Labor shall promulgate rules providing for the enforcement of | 13 | | this subsection. | 14 | | (Source: P.A. 96-37, eff. 7-13-09; 96-503, eff. 8-14-09; | 15 | | 96-800, eff. 10-30-09; 96-1000, eff. 7-2-10.)
| 16 | | (415 ILCS 5/5) (from Ch. 111 1/2, par. 1005)
| 17 | | Sec. 5. Pollution Control Board.
| 18 | | (a) There is hereby created an independent board to be | 19 | | known as the
Pollution Control Board.
| 20 | | Until July 1, 2003 or when all of the new members to be | 21 | | initially
appointed under this amendatory Act of the 93rd | 22 | | General Assembly have been
appointed by the Governor, whichever | 23 | | occurs later,
the Board shall consist of 7 technically | 24 | | qualified members,
no more than 4 of whom may be of the same | 25 | | political party, to be appointed
by the Governor with the |
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| 1 | | advice and consent of the Senate.
| 2 | | The term of each appointed member of the Board
who is in | 3 | | office on June 30, 2003 shall terminate at the close of | 4 | | business
on that date or when all of the new members to be | 5 | | initially appointed under
this amendatory Act of the 93rd | 6 | | General Assembly have been appointed by the
Governor, whichever | 7 | | occurs later.
| 8 | | Beginning on July 1, 2003 or when all of the new members to | 9 | | be initially
appointed under this amendatory Act of the 93rd | 10 | | General Assembly have been
appointed by the Governor, whichever | 11 | | occurs later, the Board shall consist
of 5 technically | 12 | | qualified members, no more than 3 of whom may be of the same
| 13 | | political party, to be appointed by the Governor with the | 14 | | advice and consent
of the Senate. Members shall have verifiable | 15 | | technical, academic, or actual
experience in the field of | 16 | | pollution control or environmental law and
regulation.
| 17 | | Of the members initially appointed pursuant to this | 18 | | amendatory Act of the
93rd General Assembly, one shall be | 19 | | appointed for a term ending July 1, 2004,
2 shall be appointed | 20 | | for terms ending July 1, 2005, and 2 shall be appointed
for | 21 | | terms ending July 1, 2006. Thereafter, all members shall hold | 22 | | office for
3 years from the first day of July in the year in | 23 | | which they were appointed,
except in case of an appointment to | 24 | | fill a vacancy. In case of a vacancy in
the office when the | 25 | | Senate is not in session, the Governor may make a temporary
| 26 | | appointment until the next meeting of the Senate, when he or |
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| 1 | | she shall
nominate some person to fill such office; and any | 2 | | person so nominated, who is
confirmed by the Senate, shall hold | 3 | | the office during the remainder of the
term.
| 4 | | Members of the Board shall hold office until their | 5 | | respective successors
have been appointed and qualified. Any | 6 | | member may resign from office, such
resignation to take effect | 7 | | when a successor has been appointed and has
qualified.
| 8 | | Board members shall be paid $37,000 per year or an amount | 9 | | set by the
Compensation Review Board, whichever is greater, and | 10 | | the Chairman shall
be paid $43,000 per year or an amount set by | 11 | | the Compensation Review Board,
whichever is greater. Each | 12 | | member shall devote his or her entire time to the
duties of the | 13 | | office, and shall hold no other office or position of profit, | 14 | | nor
engage in any other business, employment, or vocation. Each | 15 | | member shall be
reimbursed for expenses necessarily incurred | 16 | | and shall make a financial disclosure upon
appointment.
| 17 | | Each Board member may employ one secretary and one | 18 | | assistant, and the
Chairman one secretary and 2 assistants. The | 19 | | Board also may employ and
compensate hearing officers to | 20 | | preside at hearings under this Act, and such
other personnel as | 21 | | may be necessary. Hearing officers shall be attorneys
licensed | 22 | | to practice law in Illinois.
| 23 | | The Board may have an Executive Director; if so, the | 24 | | Executive Director
shall be appointed by the Governor with the | 25 | | advice and consent of the Senate.
The salary and duties of the | 26 | | Executive Director shall be fixed by the Board.
|
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| 1 | | The Governor shall designate one Board member to be | 2 | | Chairman, who
shall serve at the pleasure of the Governor.
| 3 | | The Board shall hold at least one meeting each month and | 4 | | such
additional meetings as may be prescribed by Board rules. | 5 | | In addition,
special meetings may be called by the Chairman or | 6 | | by any 2 Board
members, upon delivery of 24 hours written | 7 | | notice to the office of each
member. All Board meetings shall | 8 | | be open to the public, and public
notice of all meetings shall | 9 | | be given at least 24 hours in
advance of each meeting. In | 10 | | emergency situations in which a majority of
the Board certifies | 11 | | that exigencies of time require the requirements of
public | 12 | | notice and of 24 hour written notice to members may be
| 13 | | dispensed with, and Board members shall receive such notice as | 14 | | is
reasonable under the circumstances.
| 15 | | If there is no vacancy on the Board, 4 members of the Board | 16 | | shall
constitute a quorum to transact business; otherwise, a | 17 | | majority of the
Board shall constitute a quorum to transact | 18 | | business, and no vacancy
shall impair the right of the | 19 | | remaining members to exercise all of the
powers of the Board. | 20 | | Every action approved by a majority of the members
of the Board | 21 | | shall be deemed to be the action of the Board. The Board shall | 22 | | keep a complete and accurate record of all its
meetings.
| 23 | | (b) The Board shall determine, define and implement the
| 24 | | environmental control standards applicable in the State of | 25 | | Illinois and
may adopt rules and regulations in accordance with | 26 | | Title VII of this Act.
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| 1 | | (b-5) The Board may adopt rules and regulations in | 2 | | accordance with Title VII of this Act as needed to fulfill the | 3 | | purposes of the Asbestos Abatement Act and the Commercial and | 4 | | Public Buildings Asbestos Abatement Act. | 5 | | (c) The Board shall have authority to act for the State in | 6 | | regard to
the adoption of standards for submission to the | 7 | | United States under any
federal law respecting environmental | 8 | | protection. Such standards shall be
adopted in accordance with | 9 | | Title VII of the Act and upon adoption shall
be forwarded to | 10 | | the Environmental Protection Agency for submission to
the | 11 | | United States pursuant to subsections (l) and (m) of Section 4 | 12 | | of this
Act. Nothing in this paragraph shall limit the | 13 | | discretion of the Governor to
delegate authority granted to the | 14 | | Governor under any federal law.
| 15 | | (d) The Board shall have authority to conduct proceedings
| 16 | | upon complaints charging violations of this Act, any rule or | 17 | | regulation
adopted under this Act, any permit or term or | 18 | | condition of a permit, or any
Board order; upon
administrative | 19 | | citations; upon petitions for variances or adjusted standards;
| 20 | | upon petitions for review of the Agency's final determinations | 21 | | on permit
applications in accordance with Title X of this Act; | 22 | | upon petitions to remove
seals under Section 34 of this Act; | 23 | | and upon other petitions for review of
final determinations | 24 | | which are made pursuant to this Act or Board rule and
which | 25 | | involve a subject which the Board is authorized to regulate. | 26 | | The Board
may also conduct other proceedings as may be provided |
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| 1 | | by this Act or any other
statute or rule.
| 2 | | (e) In connection with any proceeding pursuant to
| 3 | | subsection (b) or (d) of this Section, the Board may
subpoena | 4 | | and compel the attendance of witnesses and the production of | 5 | | evidence
reasonably necessary to resolution of the matter under | 6 | | consideration. The
Board shall issue such subpoenas upon the | 7 | | request of any party to a proceeding
under subsection (d) of | 8 | | this Section or upon its own motion.
| 9 | | (f) The Board may prescribe reasonable fees for permits | 10 | | required
pursuant to this Act. Such fees in the aggregate may | 11 | | not exceed the total
cost to the Agency for its inspection and | 12 | | permit systems. The Board may not
prescribe any permit fees | 13 | | which are different in amount from those established
by this | 14 | | Act.
| 15 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 16 | | (415 ILCS 5/28) (from Ch. 111 1/2, par. 1028)
| 17 | | Sec. 28. Proposal of regulations; procedure.
| 18 | | (a) Any person may present written proposals for the | 19 | | adoption, amendment,
or repeal of the Board's regulations, and | 20 | | the Board may make such proposals
on its own motion. If the | 21 | | Board finds that any such proposal is supported by
an adequate | 22 | | statement of reasons, is accompanied by a petition signed by at
| 23 | | least 200 persons, is not plainly devoid of merit and does not | 24 | | deal with a
subject on which a hearing has been held within the | 25 | | preceding 6 months, the
Board shall schedule a public hearing |
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| 1 | | for consideration of the proposal. If
such proposal is made by | 2 | | the Agency or by the Department, the Board shall
schedule a | 3 | | public hearing without regard to the above conditions.
The | 4 | | Board may hold one or more hearings to consider both the merits | 5 | | and
the economics of the proposal. The Board may also in its | 6 | | discretion schedule a
public hearing upon any proposal without | 7 | | regard to the above conditions.
| 8 | | No substantive regulation shall be adopted, amended, or | 9 | | repealed until
after a public hearing within the area of the | 10 | | State concerned. In the case
of state-wide regulations hearings | 11 | | shall be held in at least two areas. At
least 20 days prior to | 12 | | the scheduled date of the hearing the Board shall
give notice | 13 | | of such hearing by public advertisement in a newspaper of
| 14 | | general circulation in the area of the state concerned of the | 15 | | date, time,
place and purpose of such hearing; give written | 16 | | notice to any person in the
area concerned who has in writing | 17 | | requested notice of public hearings; and
make available to any | 18 | | person upon request copies of the proposed regulations,
| 19 | | together with summaries of the reasons supporting their | 20 | | adoption.
| 21 | | Any public hearing relating to the adoption, amendment, or | 22 | | repeal of
Board regulations under this subsection shall be held | 23 | | before a qualified
hearing officer, who shall be attended by at | 24 | | least one member of the Board,
designated by the Chairman. All | 25 | | such hearings shall be open to the public,
and reasonable | 26 | | opportunity to be heard with respect to the subject of the
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| 1 | | hearing shall be afforded to any person. All testimony taken | 2 | | before the
Board shall be recorded stenographically. The | 3 | | transcript so recorded, and
any written submissions to the | 4 | | Board in relation to such hearings, shall be
open to public | 5 | | inspection, and copies thereof shall be made available to
any | 6 | | person upon payment of the actual cost of reproducing the | 7 | | original.
| 8 | | After such hearing the Board may revise the proposed | 9 | | regulations before
adoption in response to suggestions made at | 10 | | the hearing, without conducting
a further hearing on the | 11 | | revisions.
| 12 | | In addition, the Board may revise the proposed regulations | 13 | | after
hearing in response to objections or suggestions made by | 14 | | the Joint
Committee on Administrative Rules pursuant to | 15 | | subsection (b) of Section
5-40 and subsection (a) of Section | 16 | | 5-110 of the Illinois Administrative
Procedure Act, where the | 17 | | Board finds (1) that such objections or
suggestions relate to | 18 | | the statutory authority upon which the regulation is
based, | 19 | | whether the regulation is in proper form, or whether adequate | 20 | | notice
was given, and (2) that the record before the Board is | 21 | | sufficient to
support such a change without further hearing.
| 22 | | Any person heard or represented at a hearing or requesting | 23 | | notice shall
be given written notice of the action of the Board | 24 | | with respect to the
subject thereof.
| 25 | | No rule or regulation, or amendment or repeal thereof, | 26 | | shall become
effective until a certified copy thereof has been |
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| 1 | | filed with the Secretary
of State, and thereafter as provided | 2 | | in the Illinois Administrative Procedure
Act as amended.
| 3 | | Any person who files a petition for adoption of a | 4 | | regulation specific to
that person shall pay a filing fee.
| 5 | | (b) The Board shall not, on its own motion, propose | 6 | | regulations pursuant to
subsection (a) of this Section or | 7 | | Sections 28.2, 28.4 or 28.5 of this Act
to implement the | 8 | | provisions required by or related to the Clean Air Act
| 9 | | Amendments of 1990, as now or hereafter amended. However, | 10 | | nothing herein shall
preclude the Board from, on its own | 11 | | motion:
| 12 | | (1) making technical corrections to adopted rules | 13 | | pursuant to
Section 100.240 of Title 1 of the Illinois | 14 | | Administrative Code;
| 15 | | (2) modifying a proposed rule following receipt of | 16 | | comments,
objections, or suggestions without agreement of | 17 | | the proponent after the
end of the hearing and comment | 18 | | period;
| 19 | | (3) initiating procedural rulemaking in accordance | 20 | | with Section 26
of this Act; or
| 21 | | (4) initiating rulemaking necessitated by a court | 22 | | order directed to the
Board.
| 23 | | (Source: P.A. 87-860; 87-1213; 88-45.)
| 24 | | (415 ILCS 5/59 new) | 25 | | Sec. 59. Asbestos Abatement Act; Commercial and Public |
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| 1 | | Buildings Asbestos Abatement Act. | 2 | | (a) On July 1, 2013, all powers, duties, rights, and | 3 | | responsibilities of the Department of Public Health and the | 4 | | Director of Public Health under the Asbestos Abatement Act and | 5 | | the Commercial and Public Buildings Asbestos Abatement Act, | 6 | | other than those related to the licensure of persons and | 7 | | entities to perform the functions regulated by those Acts, are | 8 | | transferred to the Illinois Environmental Protection Agency | 9 | | and the Director of the Illinois Environmental Protection | 10 | | Agency. In the context of any laws or rules needed to implement | 11 | | or enforce the non-licensing related provisions of either the | 12 | | Asbestos Abatement Act or the Commercial and Public Buildings | 13 | | Asbestos Abatement Act, including, but not limited to, Part 855 | 14 | | of Title 77 of the Illinois Administrative Code, on and after | 15 | | July 1, 2013, all references to the Department of Public Health | 16 | | shall be construed to mean the Illinois Environmental | 17 | | Protection Agency, and all references to the Director of Public | 18 | | Health shall be construed to mean the Director of the Illinois | 19 | | Environmental Protection Agency. | 20 | | (b) Those employees of the Department of Public Health | 21 | | needed to administer either the Asbestos Abatement Act or the | 22 | | Commercial and Public Buildings Asbestos Abatement Act, other | 23 | | than those employees who perform work related to the licensure | 24 | | of persons and entities to perform the functions regulated by | 25 | | those Acts, shall be transferred to the Illinois Environmental | 26 | | Protection Agency. The status and rights of such employees |
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| 1 | | under the Personnel Code shall not be affected by the transfer. | 2 | | The rights of the employees and the State of Illinois and its | 3 | | agencies under the Personnel Code and applicable collective | 4 | | bargaining agreements or under any pension, retirement, or | 5 | | annuity plan shall not be affected by this amendatory Act of | 6 | | the 98th General Assembly. | 7 | | (c) All books, records, papers, documents, property (real | 8 | | and personal), contracts, causes of action, and pending | 9 | | business pertaining to the powers, duties, rights, and | 10 | | responsibilities transferred by this amendatory Act from the | 11 | | Department of Public Health to the Illinois Environmental | 12 | | Protection Agency, including, but not limited to, material in | 13 | | electronic or magnetic format and necessary computer hardware | 14 | | and software, shall be transferred to the Illinois | 15 | | Environmental Protection Agency. | 16 | | (d) All unexpended appropriations and balances and other | 17 | | funds available for use by the Department of Public Health for | 18 | | the administration of the Asbestos Abatement Act or the | 19 | | Commercial and Public Buildings Asbestos Abatement Act shall be | 20 | | transferred for use by the Illinois Environmental Protection | 21 | | Agency pursuant to the direction of the Director of the | 22 | | Illinois Environmental Protection Agency. Unexpended balances | 23 | | so transferred shall be expended only for the purpose for which | 24 | | the appropriations were originally made. | 25 | | (e) Whenever reports or notices are now required to be made | 26 | | or given or papers or documents furnished or served by any |
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| 1 | | person to or upon the Department of Public Health in connection | 2 | | with any of the powers, duties, rights, and responsibilities | 3 | | transferred by this amendatory Act of the 98th General | 4 | | Assembly, the same shall be made, given, furnished, or served | 5 | | in the same manner to or upon the Illinois Environmental | 6 | | Protection Agency. | 7 | | (f) This amendatory Act of the 98th General Assembly does | 8 | | not affect any act done, ratified, or canceled or any right | 9 | | occurring or established or any action or proceeding had or | 10 | | commenced in an administrative, civil, or criminal cause by the | 11 | | Department of Public Health before this amendatory Act of the | 12 | | 98th General Assembly takes effect; such actions or proceedings | 13 | | may be prosecuted and continued by the Illinois Environmental | 14 | | Protection Agency. | 15 | | (g) Any rules of the Department of Public Health in | 16 | | connection with any of the non-licensing related powers, | 17 | | duties, rights, and responsibilities transferred by this | 18 | | amendatory Act of the 98th General Assembly and that are in | 19 | | full force on the effective date of this amendatory Act of the | 20 | | 98th General Assembly shall become the rules of the Illinois | 21 | | Pollution Control Board. This amendatory Act of the 98th | 22 | | General Assembly does not affect the legality of any such rules | 23 | | in the Illinois Administrative Code. | 24 | | Any proposed rules filed with the Secretary of State by the | 25 | | Department of Public Health in connection with any of the | 26 | | non-licensing related powers, duties, rights, and |
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| 1 | | responsibilities transferred by this amendatory Act of the 98th | 2 | | General Assembly that are pending in the rulemaking process on | 3 | | the effective date of this amendatory Act of the 98th General | 4 | | Assembly and pertain to the non-licensing related powers, | 5 | | duties, rights, and responsibilities transferred, shall be | 6 | | deemed to have been filed by the Illinois Environmental | 7 | | Protection Agency. | 8 | | As soon as practicable after the effective date of this | 9 | | amendatory Act of the 98th General Assembly, the Illinois | 10 | | Environmental Protection Agency shall review, revise and | 11 | | clarify the rules transferred to it under this amendatory Act | 12 | | of the 98th General Assembly to reflect the reorganization of | 13 | | powers, duties, rights, and responsibilities affected by this | 14 | | amendatory Act of the 98th General Assembly, using the | 15 | | procedures for recodification of rules available under the | 16 | | Illinois Administrative Procedure Act, except that existing | 17 | | title, part, and section numbering for the affected rules may | 18 | | be retained. In so doing, the Illinois Environmental Protection | 19 | | Agency shall ensure that a single set of standards apply to all | 20 | | parties similarly situated. | 21 | | Under no circumstances shall this process, or the | 22 | | re-codification of rules provided for under this subsection | 23 | | (g), allow for the weakening of protection from asbestos | 24 | | exposure or increase the risk to human health or the | 25 | | environment therefrom. | 26 | | (h) Asbestos Advisory Committee. |
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| 1 | | (1) There is created the Asbestos Advisory Committee, | 2 | | composed of the following members appointed by the | 3 | | Governor: | 4 | | (A) one member recommended by the Illinois Chamber | 5 | | of Commerce; | 6 | | (B) one member recommended by the Illinois | 7 | | Association of Realtors; | 8 | | (C) one member recommended by the Illinois | 9 | | Municipal League; | 10 | | (D) one member recommended by the Illinois | 11 | | Statewide School Management Alliance; | 12 | | (E) one member recommended by the Illinois | 13 | | Specialty and Mechanical Contractors Association; | 14 | | (F) one member recommended by the Chicago Local | 15 | | Section of the American Industrial Hygiene | 16 | | Association; | 17 | | (G) one member recommended by the Illinois | 18 | | Environmental Contractors Association; | 19 | | (H) one member recommended by the American | 20 | | Federation of Labor and Congress of Industrial | 21 | | Organizations (AFL–CIO); | 22 | | (I) one member recommended by the Illinois Chapter | 23 | | of the American Institute of Architects; | 24 | | (J) one member employed by an Illinois-based | 25 | | business providing asbestos consulting services; | 26 | | (K) one member employed by an Illinois-based |
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| 1 | | business providing Illinois-approved asbestos training | 2 | | courses; | 3 | | (L) one member recommended by the Heat and Frost | 4 | | Insulators and Asbestos Workers Union; | 5 | | (M) one member recommended by the Illinois Pipe | 6 | | Trades Association; and | 7 | | (N) one member recommended by the Laborers | 8 | | International Union of North America. | 9 | | Administrative support shall be provided to the | 10 | | Committee by the Environmental Protection Agency. | 11 | | (2) The members of the Committee shall be appointed for | 12 | | terms of 4 years, and may be reappointed; appointments to | 13 | | fill vacancies shall be for the balance of the current | 14 | | term. Members shall serve without compensation, but may be | 15 | | reimbursed for actual expenses from funds appropriated for | 16 | | that purpose. Members shall elect annually from their | 17 | | number a chairperson and such other officers as they may | 18 | | deem necessary. The Committee shall meet at least annually | 19 | | and at the call of the chairperson. | 20 | | (3) The Committee shall: | 21 | | (A) review, evaluate, and make recommendations to | 22 | | the Director of the Environmental Protection Agency | 23 | | regarding laws, rules, and procedures related to | 24 | | asbestos remediation; | 25 | | (B) review, evaluate, and make recommendations to | 26 | | the Director of Public Health regarding the training |
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| 1 | | and licensing of persons and entities to engage in | 2 | | asbestos remediation; | 3 | | (C) make recommendations to the Director of the | 4 | | Environmental Protection Agency relating to the | 5 | | efforts to implement this Section, together with the | 6 | | changes in this amendatory Act of the 98th General | 7 | | Assembly to the Asbestos Abatement Act and the | 8 | | Commercial and Public Buildings Act; and | 9 | | (D) make recommendations to the Director of Public | 10 | | Health relating to the efforts to implement this | 11 | | Section and the Asbestos Occupations Licensure Act, | 12 | | together with the changes in this amendatory Act of the | 13 | | 98th General Assembly to the Asbestos Abatement Act and | 14 | | the Commercial and Public Buildings Act. | 15 | | (i) On and after the effective date of this amendatory Act | 16 | | of the 98th General Assembly, except for those functions | 17 | | expressly provided for in the Asbestos Occupations Licensure | 18 | | Act, all rulemaking by the Agency in carrying out its | 19 | | responsibilities under the Asbestos Abatement Act and the | 20 | | Commercial and Public Buildings Act shall be done by the | 21 | | Pollution Control Board in accordance with Title VII of this | 22 | | Act.
| 23 | | Section 99. Effective date. This Act takes effect July 1, | 24 | | 2013.".
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