Illinois Compiled Statutes
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105 ILCS 105/3
(105 ILCS 105/3)
(from Ch. 122, par. 1403)
As used in this Act:
(a) "Asbestos" means the
asbestiform varieties of chrysotile, amosite, crocidolite, tremolite,
anthrophyllite, and actinolite.
(b) "Asbestos materials" means materials formed by mixing asbestos fibers
with other products, including but not limited to rock wool, plaster,
cellulose, clay, vermiculite, perlite and a variety of adhesives, and which
contain more than 1% asbestos by weight. Some of these
materials may be sprayed on surfaces or applied to surfaces in the form of
plaster or a textured paint.
(c) "School" means any school district or public, private or
nonpublic day or residential educational institution that provides
elementary or secondary education for grade 12 or under.
(d) "Local educational agency" means:
(1) Any local education agency as defined in Section
198 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 3381).
(2) The owner of any nonpublic, nonprofit elementary
or secondary school building.
(3) The governing authority of any school operated
under the defense dependents' education system provided for under the Defense Department's Education Act of 1978 (20 U.S.C. 921, et seq.).
(e) "Response action" means a method, including
removal, encapsulation, enclosure, repair, operations and maintenance, that
protects human health and the environment from friable ACBM.
(f) "Asbestos containing building materials" or ACBM means surfacing
asbestos containing material or ACM, thermal system insulation ACM
or miscellaneous ACM that is found in or on interior
structural members or other parts of a school building.
(g) "Friable" when referring to material in a school building means
that the material, when dry, may be crumbled, pulverized, or reduced to
powder by hand pressure, and includes previously nonfriable materials after
such previously nonfriable material becomes damaged to the extent that, when
dry, it may be crumbled, pulverized, or reduced to powder by hand
(h) "Asbestos Abatement Contractor" means any entity that engages in
the removal, enclosure, or encapsulation of asbestos containing materials
for any school.
(i) "Response action contractor" means any entity that engages in
response action services for any school.
(j) "Friable material containment" means the encapsulation
or enclosure of any friable asbestos material in a facility.
(k) "Enclosure" means the construction of airtight walls and ceilings
between the asbestos material and the educational facility environment,
or around surfaces coated with asbestos materials, or any other appropriate
scientific procedure as determined by the Department which prevents the
release of asbestos materials.
(l) "Encapsulation" means the treatment of ACBM with a
material that surrounds or embeds asbestos fibers in an adhesive matrix to
prevent the release of fibers, as the encapsulant creates a membrane over
the surfaces (bridging encapsulant or penetrates the material and binds its
components together (penetrating encapsulant).
(m) "Department" means the Department of Public Health.
(n) "Director" means the Director of Public Health.
(o) "School personnel" means any employee of a school.
(p) "Student" means any student enrolled in a school.
(q) "School Building" means:
(1) Any structure suitable for use as a classroom,
including a school facility such as a laboratory, library, school eating facility, or facility used for the preparation of food.
(2) Any gymnasium or other facility which is
specially designed for athletic or recreational activities for an academic course in physical education.
(3) Any other facility used for the instruction or
housing of students or for the administration of educational or research programs.
(4) Any maintenance, storage, or utility facility,
including any hallway essential to the operation of any facility described in this definition of "school building" under items (1), (2), or (3).
(5) Any portico or covered exterior hallway or
(6) Any exterior portion of a mechanical system used
to condition interior space.
(r) "Asbestos worker" means an individual who cleans, removes,
encapsulates, encloses, hauls or disposes of friable asbestos material in
schools as defined in this Act.
(s) "Nonfriable" means material in a school building which, when dry,
may not be crumbled, pulverized, or reduced to powder by hand pressure.
(t) "Management plan" means a plan developed for a local educational
agency for the management of asbestos in its school buildings pursuant to
the federal Asbestos Hazard Emergency Response Act of 1986 and the
regulations promulgated thereunder.
(u) "Management planner" means an individual licensed by the
Department to prepare management plans.
(v) "Project designer" means an individual licensed by the
Department to design response actions for school buildings.
(w) "Asbestos inspector" means an individual licensed by the
Department to perform inspections of schools for the presence of
asbestos containing materials.
(Source: P.A. 86-416; 86-1475.)