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Public Act 92-0447
HB1887 Enrolled LRB9207786EGfg
AN ACT in relation to environmental protection.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Lead Poisoning Prevention Act is amended
by changing Sections 11.2 and 12 as follows:
(410 ILCS 45/11.2) (from Ch. 111 1/2, par. 1311.2)
Sec. 11.2. Administrative action Revocation of License.
Pursuant to the Illinois Administrative Procedure Act and
rules promulgated thereunder, the Department may deny,
suspend, or revoke any license if the Department finds
failure or refusal to comply with provisions of this Act or
rules promulgated pursuant to the Act.
The Department may assess civil penalties against any
licensed lead worker, licensed lead professional, licensed
lead contractor, or approved lead training provider for
violations of this Act and the rules promulgated hereunder,
pursuant to rules for penalties established by the
Department. Any penalties collected shall be deposited into
the Lead Poisoning Screening, Prevention, and Abatement Fund.
(Source: P.A. 87-1144.)
(410 ILCS 45/12) (from Ch. 111 1/2, par. 1312)
Sec. 12. Violations of Act.
(a) Violation of any Section of this Act other than
Section 7 shall be punishable as a Class A misdemeanor.
(b) In cases where a person is found to have mislabeled,
possessed, offered for sale or transfer, sold or transferred,
or given away lead-bearing substances, a representative of
the Department shall confiscate the lead-bearing substances
and retain the substances until they are shown to be in
compliance with this Act.
(c) In addition to any other penalty provided under this
Act, the court in an action brought under subsection (e) may
impose upon any person who violates or does not comply with a
notice of deficiency and a mitigation order issued under
subsection (7) of Section 9 of this Act a civil penalty not
exceeding $2,500 for each violation, plus $250 for each day
that the violation continues.
Any civil penalties collected in a court proceeding shall
be deposited into a delegated county lead poisoning
screening, prevention, and abatement fund or, if no delegated
county or lead poisoning screening, prevention, and abatement
fund exists, into the Lead Poisoning Screening, Prevention,
and Abatement Fund established under Section 7.2.
(d) Whenever the Department finds that an emergency
exists that requires immediate action to protect the health
of children under this Act, it may, without administrative
procedure or notice, cause an action to be brought by the
Attorney General or the State's Attorney of the county in
which a violation has occurred for a temporary restraining
order or a preliminary injunction to require such action as
is required to meet the emergency and protect the health of
children.
(e) The State's Attorney of the county in which a
violation occurs or the Attorney General may bring an action
for the enforcement of this Act and the rules adopted and
orders issued under this Act, in the name of the People of
the State of Illinois, and may, in addition to other remedies
provided in this Act, bring an action for a temporary
restraining order or preliminary injunction as described in
subsection (d) or an injunction to restrain any actual or
threatened violation or to impose or collect a civil penalty
for any violation.
(Source: P.A. 87-175.)
Section 10. The Environmental Protection Act is amended
by adding Section 22.28a as follows:
(415 ILCS 5/22.28a new)
Sec. 22.28a. White goods handled by scrap dealership or
junkyard.
(a) No owner, operator, agent, or employee of a junkyard
or scrap dealership may knowingly shred, scrap, dismantle,
recycle, incinerate, handle, store, or otherwise manage any
white good that contains any white good components in
violation of this Act or any other applicable State or
federal law.
(b) For the purposes of this Section, the terms "white
goods" and "white goods components" have the same meaning as
in Section 22.28.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 30, 2001.
Approved August 21, 2001.
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