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410 ILCS 18/10
(410 ILCS 18/10)
(Section scheduled to be repealed on January 1, 2024)
Establishment of crematory and licensing of
(a) Any person doing business in this State, or any cemetery,
funeral establishment, corporation, partnership, joint venture, voluntary
organization or any other entity, may erect, maintain, and operate a
crematory in this State and provide the necessary appliances and
facilities for the cremation of human remains in accordance with this Act.
(b) A crematory shall be subject to all local, State, and federal health and
environmental protection requirements and shall obtain all necessary licenses
and permits from the Department of Financial and Professional Regulation, the Department of Public Health, the federal Department of Health and Human
Services, and the Illinois and federal Environmental Protection Agencies, or
such other appropriate local, State, or federal agencies.
(c) A crematory may be constructed on or adjacent to any cemetery, on or
adjacent to any funeral establishment, or at any other location consistent with
local zoning regulations.
(d) An application for licensure as a crematory
authority shall be in
writing on forms furnished by the Comptroller. Applications shall be
accompanied by a fee of $50 and shall contain all of the following:
(1) The full name and address, both residence and
business, of the applicant if the applicant is an individual; the full name and address of every member if the applicant is a partnership; the full name and address of every member of the board of directors if the applicant is an association; and the name and address of every officer, director, and shareholder holding more than 25% of the corporate stock if the applicant is a corporation.
(2) The address and location of the crematory.
(3) A description of the type of structure and
equipment to be used in the operation of the crematory, including the operating permit number issued to the cremation device by the Illinois Environmental Protection Agency.
(4) Any further information that the Comptroller
(e) Each crematory authority shall file an annual report with the Comptroller, accompanied with a $25 fee, providing
(i) an affidavit signed by the owner of the crematory authority that at the
of the report the cremation device was in proper operating condition,
(ii) the total number of all cremations performed at the crematory
during the past
year, (iii) attestation by the licensee that all applicable permits and
valid, (iv) either (A)
any changes required in the
information provided under subsection (d) or (B) an indication that no changes have
occurred, and (v) any other information that the Comptroller may require. The annual report shall be filed by a crematory authority on or
before March 15 of each calendar year. If the fiscal year of a crematory authority is other than on a calendar year basis, then the crematory authority shall file the report required by this Section within 75 days after the end of its fiscal year. If a crematory authority fails to
submit an annual report to the Comptroller within the time specified in
this Section, the Comptroller shall impose upon the crematory authority a
penalty of $5 for each and every day the crematory authority remains
delinquent in submitting the annual report. The Comptroller may abate all or
part of the $5 daily penalty for good cause shown.
(f) All records required to be maintained under this Act, including but
not limited to those relating to the license and annual
report of the
crematory authority required to be filed under this Section, shall be
subject to inspection by the Comptroller upon reasonable notice.
(g) The Comptroller may inspect crematory records at the crematory
authority's place of business to review
licensee's compliance with this Act. The inspection must include
(1) the crematory authority has complied with
record-keeping requirements of this Act;
(2) a crematory device operator's certification of
training is conspicuously displayed at the crematory;
(3) the cremation device has a current operating
permit issued by the Illinois Environmental Protection Agency and the permit is conspicuously displayed in the crematory;
(4) the crematory authority is in compliance with
local zoning requirements;
(5) the crematory authority license issued by the
Comptroller is conspicuously displayed at the crematory; and
(6) other details as determined by rule.
(h) The Comptroller shall issue licenses under this Act to the crematories
the Comptroller as of on March 1, 2012 without requiring the previously registered
to complete license applications.
(Source: P.A. 97-679, eff. 2-6-12; 97-813, eff. 7-13-12; 98-463, eff. 8-16-13