State of Illinois
92^nd General Assembly
Legislation

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92_HB1887enr

 
HB1887 Enrolled                                LRB9207786EGfg

 1        AN ACT in relation to environmental protection.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Lead Poisoning Prevention Act is  amended
 5    by changing Sections 11.2 and 12 as follows:

 6        (410 ILCS 45/11.2) (from Ch. 111 1/2, par. 1311.2)
 7        Sec.  11.2.  Administrative action Revocation of License.
 8    Pursuant to the Illinois  Administrative  Procedure  Act  and
 9    rules   promulgated  thereunder,  the  Department  may  deny,
10    suspend, or  revoke  any  license  if  the  Department  finds
11    failure  or  refusal to comply with provisions of this Act or
12    rules promulgated pursuant to the Act.
13        The Department may assess  civil  penalties  against  any
14    licensed  lead  worker,  licensed lead professional, licensed
15    lead contractor,  or  approved  lead  training  provider  for
16    violations  of  this Act and the rules promulgated hereunder,
17    pursuant  to  rules  for   penalties   established   by   the
18    Department.   Any penalties collected shall be deposited into
19    the Lead Poisoning Screening, Prevention, and Abatement Fund.
20    (Source: P.A. 87-1144.)

21        (410 ILCS 45/12) (from Ch. 111 1/2, par. 1312)
22        Sec. 12. Violations of Act.
23        (a)  Violation of any Section  of  this  Act  other  than
24    Section 7 shall be punishable as a Class A misdemeanor.
25        (b)  In cases where a person is found to have mislabeled,
26    possessed, offered for sale or transfer, sold or transferred,
27    or  given  away  lead-bearing substances, a representative of
28    the Department shall confiscate the  lead-bearing  substances
29    and  retain  the  substances  until  they  are shown to be in
30    compliance with this Act.
 
HB1887 Enrolled            -2-                 LRB9207786EGfg
 1        (c)  In addition to any other penalty provided under this
 2    Act, the court in an action brought under subsection (e)  may
 3    impose upon any person who violates or does not comply with a
 4    notice  of  deficiency  and  a  mitigation order issued under
 5    subsection (7) of Section 9 of this Act a civil  penalty  not
 6    exceeding  $2,500  for each violation, plus $250 for each day
 7    that the violation continues.
 8        Any civil penalties collected in a court proceeding shall
 9    be  deposited  into  a  delegated   county   lead   poisoning
10    screening, prevention, and abatement fund or, if no delegated
11    county or lead poisoning screening, prevention, and abatement
12    fund  exists,  into the Lead Poisoning Screening, Prevention,
13    and Abatement Fund established under Section 7.2.
14        (d)  Whenever the  Department  finds  that  an  emergency
15    exists  that  requires immediate action to protect the health
16    of children under this Act, it  may,  without  administrative
17    procedure  or  notice,  cause  an action to be brought by the
18    Attorney General or the State's Attorney  of  the  county  in
19    which  a  violation  has occurred for a temporary restraining
20    order or a preliminary injunction to require such  action  as
21    is  required  to meet the emergency and protect the health of
22    children.
23        (e)  The State's  Attorney  of  the  county  in  which  a
24    violation  occurs or the Attorney General may bring an action
25    for the enforcement of this Act and  the  rules  adopted  and
26    orders  issued  under  this Act, in the name of the People of
27    the State of Illinois, and may, in addition to other remedies
28    provided in  this  Act,  bring  an  action  for  a  temporary
29    restraining  order  or preliminary injunction as described in
30    subsection (d) or an injunction to  restrain  any  actual  or
31    threatened  violation or to impose or collect a civil penalty
32    for any violation.
33    (Source: P.A. 87-175.)
 
HB1887 Enrolled            -3-                 LRB9207786EGfg
 1        Section 10.  The Environmental Protection Act is  amended
 2    by adding Section 22.28a as follows:

 3        (415 ILCS 5/22.28a new)
 4        Sec.  22.28a.  White goods handled by scrap dealership or
 5    junkyard.
 6        (a)  No owner, operator, agent, or employee of a junkyard
 7    or scrap dealership may knowingly  shred,  scrap,  dismantle,
 8    recycle,  incinerate,  handle, store, or otherwise manage any
 9    white  good  that  contains  any  white  good  components  in
10    violation of this  Act  or  any  other  applicable  State  or
11    federal law.
12        (b)  For  the  purposes of this Section, the terms "white
13    goods" and "white goods components" have the same meaning  as
14    in Section 22.28.

15        Section  99.  Effective date.  This Act takes effect upon
16    becoming law.

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