Illinois Compiled Statutes
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410 ILCS 45/9
(410 ILCS 45/9)
(from Ch. 111 1/2, par. 1309)
Procedures upon determination of lead hazard.
(1) If the inspection report identifies a lead hazard, the Department or
delegate agency shall serve a mitigation notice on the property owner that the
owner is required to mitigate the lead hazard, and shall indicate the time
period specified in this Section in which the owner must complete the
mitigation. The notice shall include information describing mitigation
activities which meet the requirements of this Act.
(2) If the inspection report identifies a lead hazard, the owner shall
mitigate the lead hazard in a manner prescribed by the Department and within
the time limit prescribed by this Section. The Department shall adopt rules
regarding acceptable methods of mitigating a lead hazard. If the source of the
lead hazard identified in the inspection report is lead paint or any other lead-bearing
surface coating, the lead hazard shall be deemed to have been mitigated
(A) the surface identified as the source of the lead
hazard is no longer in a condition that produces a hazardous level of lead chips, flakes, dust or any other form of lead-bearing substance, that can be ingested or inhaled by humans;
(B) the surface identified as the source of the lead
hazard is no longer accessible to children and could not reasonably be chewed on by children; or
(C) the surface coating identified as the source of
the lead hazard is either removed or covered, or child access to the lead-bearing surface is otherwise prevented as prescribed by the Department.
(3) Mitigation activities which involve the destruction or disturbance of
any lead-bearing surface shall be conducted by a licensed lead abatement contractor
using licensed lead abatement supervisors or lead abatement workers. The Department may prescribe by rule
mitigation activities that may be performed without a licensed lead abatement contractor, lead abatement supervisor, or lead abatement
worker. The Department may, on a case by case basis, grant a waiver of the
requirement to use licensed lead abatement contractors, lead abatement supervisors, and lead abatement workers, provided
the waiver does not endanger the health or safety of humans.
(4) The Department shall establish procedures whereby an owner,
after receiving a mitigation notice under this Section, may submit a
mitigation plan to the Department or delegate agency for review and approval.
(5) When a mitigation notice is issued for a dwelling unit inspected as a
result of an elevated blood lead level in a pregnant person or a child, or if
the dwelling unit is occupied by a child 6 years of age or younger or a pregnant person, the owner shall mitigate the hazard within 30 days of receiving the
notice; when no such child or pregnant person occupies the dwelling unit, the owner shall complete the mitigation within 90 days.
(6) An owner may apply to the Department or its delegate agency
for an extension of the deadline for mitigation. If the Department or its
delegate agency determines that the owner is making substantial progress
toward mitigation, or that the failure to meet the deadline is the result
of a shortage of licensed lead abatement contractors, lead abatement supervisors, or lead abatement workers, or that the
failure to meet the deadline is because the owner is awaiting the review
and approval of a mitigation plan, the Department or delegate agency may
grant an extension of the deadline.
(7) The Department or its delegate agency shall, after the deadline set for
completion of mitigation, conduct a follow-up inspection of any dwelling unit for
which a mitigation notice was issued for the purpose of determining whether the
mitigation actions required have been completed and whether the activities have
sufficiently mitigated the lead hazard as provided under this Section. The
Department or its delegate agency may conduct a follow-up inspection upon the
request of an owner or resident. If, upon completing the follow-up inspection,
the Department or its delegate agency finds that the lead hazard for which the
mitigation notice was issued is not mitigated, the Department or its delegate
agency shall serve the owner with notice of the deficiency and a mitigation
order. The order shall indicate the specific actions the owner must
take to comply with the mitigation requirements of this Act, which may
include lead abatement if lead abatement is the sole means by which the lead hazard
can be mitigated. The order shall also include the date by which the
mitigation shall be completed. If, upon completing the follow-up
inspection, the Department or delegate agency finds that the mitigation
requirements of this Act have been satisfied, the Department or delegate
agency shall provide the owner with a certificate of compliance stating
that the required mitigation has been accomplished.
(Source: P.A. 102-771, eff. 1-1-23