Illinois General Assembly - Full Text of SB1961
Illinois General Assembly

Previous General Assemblies

Full Text of SB1961  98th General Assembly

SB1961sam003 98TH GENERAL ASSEMBLY

Sen. William R. Haine

Filed: 4/24/2013

 

 


 

 


 
09800SB1961sam003LRB098 10237 JWD 44992 a

1
AMENDMENT TO SENATE BILL 1961

2    AMENDMENT NO. ______. Amend Senate Bill 1961, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title. This Act may be cited as the
6Asbestos Occupations Licensure Act.
 
7    Section 5. Scope and application. This Act applies to the
8training and licensing of persons and firms (1) to perform
9asbestos inspection, (2) to perform abatement work, and (3) to
10serve as asbestos abatement contractors, response action
11contractors, and asbestos workers under both the Asbestos
12Abatement Act and the Commercial and Public Building Asbestos
13Abatement Act.
 
14    Section 10. Definitions. As used in this Act:
15    "Asbestos" means the asbestiform varieties of chrysotile,

 

 

09800SB1961sam003- 2 -LRB098 10237 JWD 44992 a

1amosite, crocidolite, tremolite, anthrophyllite, and
2actinolite.
3    "Asbestos abatement contractor" means any entity that
4engages in the removal, enclosure, or encapsulation of asbestos
5containing materials for any school.
6    "Asbestos inspector" means an individual licensed by the
7Department to perform inspections for the presence of asbestos
8containing materials.
9    "Asbestos materials" means materials formed by mixing
10asbestos fibers with other products, including but not limited
11to rock wool, plaster, cellulose, clay, vermiculite, perlite
12and a variety of adhesives, and which contain more than 1%
13asbestos by weight. Some of these materials may be sprayed on
14surfaces or applied to surfaces in the form of plaster or a
15textured paint.
16    "Asbestos professional" means an individual who is
17licensed by the Department to perform the duties of an
18inspector, management planner, project designer, project
19supervisor, project manager, or air sampling professional, as
20applicable, except project supervisors under the direct employ
21of a licensed asbestos abatement contractor.
22    "Asbestos supervisor" means an asbestos abatement
23contractor, foreman, or person designated as the asbestos
24abatement contractor's representative who is responsible for
25the onsite supervision of the removal, encapsulation, or
26enclosure of friable or nonfriable asbestos-containing

 

 

09800SB1961sam003- 3 -LRB098 10237 JWD 44992 a

1materials in a commercial or public building.
2    "Asbestos worker" means an individual who cleans, removes,
3encapsulates, encloses, hauls or disposes of friable asbestos
4material as defined in this Act.
5    "Board" means the Illinois Pollution Control Board.
6    "Department" means the Department of Public Health.
7    "Director" means the Director of Public Health.
8    "Encapsulation" means the treatment of asbestos containing
9building materials (ACBM), as defined by Section 15 of the
10Commercial and Public Building Asbestos Abatement Act, with a
11material that surrounds or embeds asbestos fibers in an
12adhesive matrix to prevent the release of fibers, as the
13encapsulant creates a membrane over the surfaces (bridging
14encapsulant) or penetrates the material and binds its
15components together (penetrating encapsulant).
16    "Enclosure" means the construction of airtight walls and
17ceilings between the asbestos material and the facility
18environment, or around surfaces coated with asbestos
19materials, or any other appropriate scientific procedure as
20determined by the Department which prevents the release of
21asbestos materials.
22    "Friable", when referring to material in a school building,
23means that the material, when dry, may be crumbled, pulverized,
24or reduced to powder by hand pressure, and includes previously
25nonfriable material after such previously nonfriable material
26becomes damaged to the extent that, when dry, it may be

 

 

09800SB1961sam003- 4 -LRB098 10237 JWD 44992 a

1crumbled, pulverized, or reduced to powder by hand pressure.
2    "Friable material containment" means the encapsulation or
3enclosure of any friable asbestos material in a facility.
4    "Management planner" means an individual licensed by the
5Department to prepare management plans.
6    "Nonfriable" means material in a school building which,
7when dry, may not be crumbled, pulverized, or reduced to powder
8by hand pressure.
9    "Project designer" means an individual licensed by the
10Department to design response actions.
11    "Response action" means a method, including removal,
12encapsulation, enclosure, repair, operations and maintenance,
13that protects human health and the environment from friable
14ACBM.
15    "Response action contractor" means any entity that engages
16in response action services for any school.
 
17    Section 15. Powers and duties of the Department.
18    (a) The Department is empowered to promulgate any rules
19necessary to ensure proper implementation and administration
20of this Act.
21    (b) Rules promulgated by the Department shall include rules
22providing for the training and licensing of persons and firms
23to perform asbestos inspection and air sampling; to perform
24abatement work; and to serve as asbestos abatement contractors,
25management, planners, project designers, project supervisors,

 

 

09800SB1961sam003- 5 -LRB098 10237 JWD 44992 a

1project managers and asbestos workers for public and private
2secondary and elementary schools.
3    (c) In carrying out its responsibilities under this Act,
4the Department shall:
5        (1) publish a list of persons and firms licensed
6    pursuant to this Act, except that the Department is not
7    required to publish a list of licensed asbestos workers;
8    and
9        (2) adopt rules for the collection of fees for training
10    course approval; and for licensing of inspectors,
11    management planners, project designers, contractors,
12    supervisors, air sampling professionals, project managers
13    and workers.
 
14    Section 20. Rulemaking. The provisions of the Illinois
15Administrative Procedure Act are hereby expressly adopted and
16shall apply to all administrative rules and procedures of the
17Department of Public Health under this Act, except that in case
18of conflict between the Illinois Administrative Procedure Act
19and this Act the provisions of this Act shall control, and
20except that Section 5-35 of the Illinois Administrative
21Procedure Act relating to procedures for rulemaking does not
22apply to the adoption of any rule required by federal law in
23connection with which the Department is precluded by law from
24exercising any discretion.
25    Before initiating any rulemaking under this Section, the

 

 

09800SB1961sam003- 6 -LRB098 10237 JWD 44992 a

1Department shall consult with the Asbestos Advisory Council as
2set forth in subsection (h) of Section 59 of the Environmental
3Protection Act.
 
4    Section 25. Administrative review. All final
5administrative decisions of the Department hereunder shall be
6subject to judicial review pursuant to the Administrative
7Review Law and the rules adopted pursuant thereto. The term
8"administrative decision" is defined as in Section 3-101 of the
9Code of Civil Procedure.
 
10    Section 30. Hearings. The Director, after notice and
11opportunity for hearing to the contractor, applicant, or
12license holder, may deny, suspend, or revoke a license or
13expunge such person from the State list in any case in which he
14or she finds that there has been a substantial failure to
15comply with the provisions of this Act or the standards and
16rules established by virtue thereof.
17    Such notice shall be provided by certified mail or by
18personal service setting forth the particular reasons for the
19proposed action and fixing a date, not less than 15 days from
20the date of such mailing or service, at which time the
21applicant, contractor, or license holder shall be given an
22opportunity to request a hearing.
23    The hearing shall be conducted by the Director or by an
24individual designated in writing by the Director as Hearing

 

 

09800SB1961sam003- 7 -LRB098 10237 JWD 44992 a

1Officer to conduct the hearing. On the basis of any such
2hearing, or upon default of the applicant, contractor, or
3license holder, the Director shall make a determination
4specifying his or her findings and conclusions. A copy of such
5determination shall be sent by certified mail or served
6personally upon the applicant, contractor, or license holder.
7    The procedure governing hearings authorized by this
8Section shall be in accordance with rules promulgated by the
9Department. A full and complete record shall be kept of all
10proceedings, including the notice of hearing, complaint, and
11all other documents in the nature of pleadings, written motions
12filed in the proceedings, and the report and orders of the
13Director and Hearing Officer. All testimony shall be reported
14but need not be transcribed unless the decision is sought to be
15reviewed pursuant to the Administrative Review Law. A copy or
16copies of the transcript may be obtained by any interested
17party on payment of the cost of preparing such copy or copies.
18The Director or Hearing Officer shall, upon his or her own
19motion, or on the written request of any party to the
20proceeding, issue subpoenas requiring the attendance and the
21giving of testimony by witnesses, and subpoenas duces tecum
22requiring the production of books, papers, records, or
23memoranda. All subpoenas and subpoenas duces tecum issued under
24the terms of this Act may be served by any person of legal age.
25The fees of witnesses for attendance and travel shall be the
26same as the fees of witnesses before the circuit court of this

 

 

09800SB1961sam003- 8 -LRB098 10237 JWD 44992 a

1State, such fees to be paid when the witness is excused from
2further attendance. When the witness is subpoenaed at the
3instance of the Director or Hearing Officer, such fees shall be
4paid in the same manner as other expenses of the Department,
5and when the witness is subpoenaed at the instance of any other
6party to any such proceeding the Department may require that
7the cost of service of the subpoena or subpoena duces tecum and
8the fee of the witness be borne by the party at whose instance
9the witness is summoned. In such case, the Department in its
10discretion may require a deposit to cover the cost of such
11service and witness fees. A subpoena or subpoena duces tecum so
12issued as above stated shall be served in the same manner as a
13subpoena issued by a circuit court.
14    Any circuit court of this State, upon the application of
15the Director, or upon the application of any other party to the
16proceeding, may, in its discretion, compel the attendance of
17witnesses, the production of books, papers, records, or
18memoranda and the giving of testimony before the Director or
19Hearing Officer conducting an investigation or holding a
20hearing authorized by this Act, by an attachment for contempt
21or otherwise, in the same manner as production of evidence may
22be compelled before the court.
23    The Director or Hearing Officer, or any party in an
24investigation or hearing before the Department, may cause the
25depositions of witnesses within the State to be taken in the
26manner prescribed by law for like depositions in civil actions

 

 

09800SB1961sam003- 9 -LRB098 10237 JWD 44992 a

1in courts of this State, and to that end compel the attendance
2of witnesses and the production of books, papers, records, or
3memoranda.
 
4    Section 35. Consistency with federal law. Rules issued
5pursuant to this Act, including those governing the preparation
6of a list of contractors and the removal of contractors
7therefrom as provided for in Section 40, shall not be
8inconsistent with rules and regulations promulgated by the
9United States Environmental Protection Agency pursuant to the
10Toxic Substances Control Act, the Clean Air Act, or other
11applicable federal statutes.
 
12    Section 40. Asbestos abatement contractors; response
13action contractors. The Department shall prepare a list in
14cooperation with appropriate State and federal agencies on an
15annual basis of asbestos abatement contractors and response
16action contractors familiar with and capable of complying with
17all applicable federal and State standards for asbestos
18containment and removal. Additional asbestos abatement
19contractors or response action contractors wishing to be placed
20on this list shall notify the Department. The Department shall
21evaluate this request based on the training and experience of
22such a potential asbestos abatement contractor or response
23action contractor and render a decision. If the Department
24denies the request, such contractor may appeal such a decision

 

 

09800SB1961sam003- 10 -LRB098 10237 JWD 44992 a

1pursuant to the Administrative Review Law. Such list shall be
2made available to all school districts and, upon request, to
3other interested parties. In contracting for response action
4services, schools shall select an asbestos abatement
5contractor or response action contractor from the Department's
6list.
 
7    Section 45. Licensing.
8    (a) No air sampling professional, asbestos abatement
9contractor, asbestos consultant, asbestos inspector, asbestos
10professional, asbestos supervisor, asbestos worker, management
11planner, project designer, project manager, project
12supervisor, or response action contractor may be employed as a
13response action contractor unless that individual or entity is
14licensed by the Department. Those individuals and entities
15wishing to be licensed shall make application on forms
16prescribed and furnished by the Department. A license shall
17expire annually according to a schedule determined by the
18Department. Applications for renewal of licenses shall be filed
19with the Department at least 30 days before the expiration
20date. When a licensure examination is required, the application
21for licensure shall be submitted to the Department at least 30
22days prior to the date of the scheduled examination. The
23Department shall evaluate each application based on its minimum
24standards for licensure, promulgated as rules, and render a
25decision. Such standards may include a requirement for the

 

 

09800SB1961sam003- 11 -LRB098 10237 JWD 44992 a

1successful completion of a course of training approved by the
2Department. If the Department denies the application, the
3applicant may appeal such decision pursuant to the
4Administrative Review Law.
5    However, the licensing requirements of this Section for
6asbestos consultants do not apply to: (1) an employee of a
7local education agency who is that local education agency's
8designated person; or (2) an employee of a State agency while
9he or she is engaged in his or her professional duties for that
10State agency.
11    (b) All licenses issued under the Asbestos Abatement Act or
12the Commercial and Public Building Asbestos Abatement Act, and
13in effect on the effective date of this Act, shall remain in
14effect for the remainder of the period for which they were
15originally issued, as if they had been issued under this Act.
 
16    Section 50. Certified industrial hygienists. For purposes
17of this Act and the rules promulgated thereunder, the
18Department shall use the list of certified industrial
19hygienists as prepared by the American Board of Industrial
20Hygiene.
 
21    Section 55. Contractor's certificates of financial
22responsibility. Each asbestos abatement contractor wishing to
23be placed on the Department's approved list of contractors
24shall submit to the Department a certificate documenting that

 

 

09800SB1961sam003- 12 -LRB098 10237 JWD 44992 a

1the contractor carries liability insurance, self insurance,
2group insurance, group self insurance, a letter of credit, or
3bond in an amount of at least:
4        (1) $500,000 for work performed pursuant to the
5    Asbestos Abatement Act and the rules promulgated
6    thereunder.
7        (2) $1,000,000 for work performed pursuant to this
8    Commercial and Public Building Asbestos Abatement Act and
9    the rules promulgated thereunder.
10No contractor may be placed on the approved list in the absence
11of such a certificate. All contractors presently on the
12approved list shall submit said certificate within 90 days of
13the effective date of this Act, or the Department shall remove
14their names from the approved list.
15    Each contractor shall maintain on file with the Department
16a current certificate of financial responsibility throughout
17the entire length of time the contractor's name appears on the
18Department's list of approved contractors. A contractor shall
19notify the Department of any change in the status of a
20certificate which has been filed including expiration,
21renewal, or alteration of the terms of the certificate.
 
22    Section 60. Civil penalties. The Department is empowered to
23assess civil penalties for violations of this Act and the rules
24promulgated under this Act pursuant to rules for such penalties
25established by the Department.
 

 

 

09800SB1961sam003- 13 -LRB098 10237 JWD 44992 a

1    Section 65. Asbestos Occupations Licensure Fund. All fees
2and penalties collected by the Department pursuant to this Act,
3and all interest attributable to those amounts, shall be
4deposited into the Asbestos Occupations Licensure Fund, which
5is hereby created as a special fund in the State Treasury.
6Subject to appropriation, all moneys deposited in the Asbestos
7Occupations Licensure Fund under this Act shall be available to
8the Department for its administration of this Act. The Asbestos
9Occupations Licensure Fund is not subject to sweeps,
10administrative charges or chargebacks, or any other fiscal or
11budgetary maneuver that would in any way transfer any moneys
12from the Asbestos Occupations Licensure Fund to any other Fund
13of the State or in the State treasury.
 
14    Section 70. The State Finance Act is amended by adding
15Section 5.826 as follows:
 
16    (30 ILCS 105/5.826 new)
17    Sec. 5.826. The Asbestos Occupations Licensure Fund.
 
18    Section 75. The Asbestos Abatement Act is amended by
19changing Sections 3, 4, 6, 6a, 6b, 7, 9, 9a, 9b, 11, 12a, 12b,
2012c, 13, 14, and 16 as follows:
 
21    (105 ILCS 105/3)  (from Ch. 122, par. 1403)

 

 

09800SB1961sam003- 14 -LRB098 10237 JWD 44992 a

1    Sec. 3. Definitions. As used in this Act:
2    (a) "Asbestos" means the asbestiform varieties of
3chrysotile, amosite, crocidolite, tremolite, anthrophyllite,
4and actinolite.
5    (b) "Asbestos materials" means materials formed by mixing
6asbestos fibers with other products, including but not limited
7to rock wool, plaster, cellulose, clay, vermiculite, perlite
8and a variety of adhesives, and which contain more than 1%
9asbestos by weight. Some of these materials may be sprayed on
10surfaces or applied to surfaces in the form of plaster or a
11textured paint.
12    (c) "School" means any school district or public, private
13or nonpublic day or residential educational institution that
14provides elementary or secondary education for grade 12 or
15under.
16    (d) "Local educational agency" means:
17        (1) Any local education agency as defined in Section
18    198 of the Elementary and Secondary Education Act of 1965
19    (20 U.S.C. 3381).
20        (2) The owner of any nonpublic, nonprofit elementary or
21    secondary school building.
22        (3) The governing authority of any school operated
23    under the defense dependents' education system provided
24    for under the Defense Department's Education Act of 1978
25    (20 U.S.C. 921, et seq.).
26    (e) "Response action" means a method, including removal,

 

 

09800SB1961sam003- 15 -LRB098 10237 JWD 44992 a

1encapsulation, enclosure, repair, operations and maintenance,
2that protects human health and the environment from friable
3ACBM.
4    (f) "Asbestos containing building materials" or ACBM means
5surfacing asbestos containing material or ACM, thermal system
6insulation ACM or miscellaneous ACM that is found in or on
7interior structural members or other parts of a school
8building.
9    (g) "Friable" when referring to material in a school
10building means that the material, when dry, may be crumbled,
11pulverized, or reduced to powder by hand pressure, and includes
12previously nonfriable materials after such previously
13nonfriable material becomes damaged to the extent that, when
14dry, it may be crumbled, pulverized, or reduced to powder by
15hand pressure.
16    (h) "Asbestos Abatement Contractor" means any entity that
17engages in the removal, enclosure, or encapsulation of asbestos
18containing materials for any school.
19    (i) "Response action contractor" means any entity that
20engages in response action services for any school.
21    (j) "Friable material containment" means the encapsulation
22or enclosure of any friable asbestos material in a facility.
23    (k) "Enclosure" means the construction of airtight walls
24and ceilings between the asbestos material and the educational
25facility environment, or around surfaces coated with asbestos
26materials, or any other appropriate scientific procedure as

 

 

09800SB1961sam003- 16 -LRB098 10237 JWD 44992 a

1determined by the Agency Department which prevents the release
2of asbestos materials.
3    (l) "Encapsulation" means the treatment of ACBM with a
4material that surrounds or embeds asbestos fibers in an
5adhesive matrix to prevent the release of fibers, as the
6encapsulant creates a membrane over the surfaces (bridging
7encapsulant or penetrates the material and binds its components
8together (penetrating encapsulant).
9    (m) "Department" means the Department of Public Health.
10    (n) "Director" means the Director of the Illinois
11Environmental Protection Agency Public Health.
12    (o) "School personnel" means any employee of a school.
13    (p) "Student" means any student enrolled in a school.
14    (q) "School Building" means:
15        (1) Any structure suitable for use as a classroom,
16    including a school facility such as a laboratory, library,
17    school eating facility, or facility used for the
18    preparation of food.
19        (2) Any gymnasium or other facility which is specially
20    designed for athletic or recreational activities for an
21    academic course in physical education.
22        (3) Any other facility used for the instruction or
23    housing of students or for the administration of
24    educational or research programs.
25        (4) Any maintenance, storage, or utility facility,
26    including any hallway essential to the operation of any

 

 

09800SB1961sam003- 17 -LRB098 10237 JWD 44992 a

1    facility described in this definition of "school building"
2    under items (1), (2), or (3).
3        (5) Any portico or covered exterior hallway or walkway.
4        (6) Any exterior portion of a mechanical system used to
5    condition interior space.
6    (r) "Asbestos worker" means an individual who cleans,
7removes, encapsulates, encloses, hauls or disposes of friable
8asbestos material in schools as defined in this Act.
9    (s) "Nonfriable" means material in a school building which,
10when dry, may not be crumbled, pulverized, or reduced to powder
11by hand pressure.
12    (t) "Management plan" means a plan developed for a local
13educational agency for the management of asbestos in its school
14buildings pursuant to the federal Asbestos Hazard Emergency
15Response Act of 1986 and the regulations promulgated
16thereunder.
17    (u) "Management planner" means an individual licensed by
18the Department to prepare management plans.
19    (v) "Project designer" means an individual licensed by the
20Department to design response actions for school buildings.
21    (w) "Asbestos inspector" means an individual licensed by
22the Department to perform inspections of schools for the
23presence of asbestos containing materials.
24    (x) "Agency" means the Illinois Environmental Protection
25Agency.
26    (y) "Board" means the Illinois Pollution Control Board.

 

 

09800SB1961sam003- 18 -LRB098 10237 JWD 44992 a

1(Source: P.A. 86-416; 86-1475.)
 
2    (105 ILCS 105/4)  (from Ch. 122, par. 1404)
3    Sec. 4. Response action. Schools shall undertake and
4complete such response action as may be required by the federal
5Asbestos Hazard Emergency Response Act of 1986, the regulations
6promulgated thereunder, and the rules promulgated by the Board
7Department pursuant to the Asbestos Abatement Act. Response
8actions shall be undertaken and completed within the timeframe
9required by the federal Asbestos Hazard Emergency Response Act
10of 1986 and the regulations promulgated thereunder.
11(Source: P.A. 86-416.)
 
12    (105 ILCS 105/6)  (from Ch. 122, par. 1406)
13    Sec. 6. Powers and duties of the Agency Department.
14    (a) In accordance with Title VII of the Environmental
15Protection Act, and after consultation with the Asbestos
16Advisory Committee as set forth in subsection (h) of Section 59
17of the Environmental Protection Act, the Agency may propose,
18and the Board may adopt, The Department is empowered to
19promulgate any rules necessary to ensure proper implementation
20and administration of this Act and of the federal Asbestos
21Hazard Emergency Response Act of 1986, and the regulations
22promulgated thereunder.
23    (b) Rules adopted under subsection (a) promulgated by the
24Department shall include, but need not be limited to:

 

 

09800SB1961sam003- 19 -LRB098 10237 JWD 44992 a

1        (1) all rules necessary to achieve compliance with the
2    federal Asbestos Hazard Emergency Response Act of 1986 and
3    the regulations promulgated thereunder;
4        (2) rules relating to the correct and safe performance
5    of asbestos inspection, air sampling, asbestos abatement
6    work, and other related tasks by persons licensed to do so
7    under the Asbestos Occupations Licensure Act; and rules
8    providing for the training and licensing of persons and
9    firms to perform asbestos inspection and air sampling; to
10    perform abatement work; and to serve as asbestos abatement
11    contractors, management, planners, project designers,
12    project supervisors, project managers and asbestos workers
13    for public and private secondary and elementary schools;
14    and any necessary rules relating to the correct and safe
15    performance of those tasks; and
16        (3) rules for the development and submission of
17    asbestos management plans by local educational agencies,
18    and for review and approval of such plans by the Agency
19    Department.
20    (c) The rules proposed by the Agency and adopted by the
21Board shall require each local educational agency to maintain
22records of asbestos-related activities, which shall be made
23available to the Agency upon request. In carrying out its
24responsibilities under this Act, the Department shall:
25        (1) publish a list of persons and firms licensed
26    pursuant to this Act, except that the Department shall not

 

 

09800SB1961sam003- 20 -LRB098 10237 JWD 44992 a

1    be required to publish a list of licensed asbestos workers;
2        (2) require each local educational agency to maintain
3    records of asbestos-related activities, which shall be
4    made available to the Department upon request; and
5        (3) adopt rules for the collection of fees for training
6    course approval; and for licensing of inspectors,
7    management planners, project designers, contractors,
8    supervisors, air sampling professionals, project managers
9    and workers.
10(Source: P.A. 96-537, eff. 8-14-09; 96-1000, eff. 7-2-10.)
 
11    (105 ILCS 105/6a)  (from Ch. 122, par. 1406a)
12    Sec. 6a. All rulemaking under this Act shall be conducted
13in accordance with Title VII of the Environmental Protection
14Act. The provisions of the Illinois Administrative Procedure
15Act are hereby expressly adopted and shall apply to all
16administrative rules and procedures of the Department of Public
17Health under this Act, except that in case of conflict between
18the Illinois Administrative Procedure Act and this Act the
19provisions of this Act shall control, and except that Section
205-35 of the Illinois Administrative Procedure Act relating to
21procedures for rule-making does not apply to the adoption of
22any rule required by federal law in connection with which the
23Department is precluded by law from exercising any discretion.
24(Source: P.A. 88-45.)
 

 

 

09800SB1961sam003- 21 -LRB098 10237 JWD 44992 a

1    (105 ILCS 105/6b)  (from Ch. 122, par. 1406b)
2    Sec. 6b. All final administrative decisions of the Board
3Department hereunder shall be subject to judicial review
4pursuant to the provisions of Title XI of the Environmental
5Protection Act the "Administrative Review Law", as amended, and
6the rules adopted pursuant thereto. The term "Administrative
7Decision" is defined as in Section 3-101 of the Code of Civil
8Procedure.
9(Source: P.A. 84-951.)
 
10    (105 ILCS 105/7)  (from Ch. 122, par. 1407)
11    Sec. 7. Consistency with federal law. Rules and regulations
12issued pursuant to this Act, including those governing the
13preparation of a list of contractors and the removal of
14contractors therefrom as provided for in Section 10, shall not
15be inconsistent with rules and regulations promulgated by the
16United States Environmental Protection Agency pursuant to the
17Toxic Substances Control Act, the Clean Air Act or other
18applicable federal statutes.
19(Source: P.A. 84-951.)
 
20    (105 ILCS 105/9)  (from Ch. 122, par. 1409)
21    Sec. 9. State Funding. Funding sources for State funding
22with respect to costs of corrective action shall include
23appropriations from the General Revenue Fund, proceeds from
24litigation against manufacturers, distributors and contractors

 

 

09800SB1961sam003- 22 -LRB098 10237 JWD 44992 a

1of asbestos products, funds provided under the provisions of
2the federal Asbestos School Hazard Abatement Act of 1984, or
3any combination thereof. The Agency Department shall request
4appropriations from any of these funds based on its review of
5school funding needs and include such in its annual budget
6request.
7(Source: P.A. 84-951.)
 
8    (105 ILCS 105/9a)  (from Ch. 122, par. 1409a)
9    Sec. 9a. Reimbursement for corrective action. The Agency
10Department shall, from funds appropriated for this purpose,
11reimburse schools which have undertaken corrective action.
12Such schools, upon completion of an inspection by the Agency
13Department, shall be eligible for reimbursement only for those
14projects found to have been conducted in accordance with the
15provisions of this Act and the rules promulgated thereunder.
16Schools shall apply for such reimbursement to the Agency
17Department on forms designed and provided by the Agency
18Department.
19    The amount of reimbursement for which a public school
20district is eligible shall be calculated by the Agency
21Department based upon a Grant Index developed by the State
22Board of Education. This Grant Index shall be based upon the
23equalized assessed valuation of the school district and other
24measures of relative wealth to determine the percentage of the
25total cost of corrective action for which reimbursement shall

 

 

09800SB1961sam003- 23 -LRB098 10237 JWD 44992 a

1be authorized. The Grant Index for any school district is equal
2to one minus the ratio of the district's equalized assessed
3valuation per pupil in weighted daily average attendance to the
4equalized assessed valuation per pupil in weighted average
5daily attendance of the district located at the ninetieth
6percentile for all districts of the same type. The Grant Index
7for any school district shall be not less than .50 and no
8greater than 1.00. The product of the district's Grant Index
9and the project cost, as determined by the Agency Department
10for approved corrective action, equals the total amount that
11shall be reimbursed to the school according to the provisions
12of this Section. All non-public schools shall be eligible for
13reimbursement in an amount equal to 50% of the cost of
14corrective action.
15    Out of funds appropriated for such purpose, 20% of the
16amount of reimbursement to which any school is determined
17entitled shall be paid in each of 5 successive fiscal years.
18The Agency Department shall request an annual appropriation in
19an amount sufficient to cover all expected reimbursements to be
20paid out in that fiscal year.
21    For purposes of reimbursement under this Section,
22corrective action means removal, encapsulation or enclosure.
23Schools reimbursed pursuant to this Section for corrective
24action shall not be eligible for grants under Section 9b with
25respect to the corrective action for which they are so
26reimbursed.

 

 

09800SB1961sam003- 24 -LRB098 10237 JWD 44992 a

1(Source: P.A. 84-1245.)
 
2    (105 ILCS 105/9b)  (from Ch. 122, par. 1409b)
3    Sec. 9b. Grants for asbestos abatement work undertaken on
4or after January 1, 1986. Schools which undertake corrective
5action on or after January 1, 1986 shall be eligible for grants
6for asbestos abatement activities conducted in accordance with
7this Act and the rules promulgated thereunder. Funds shall be
8provided only to those schools which have been inspected
9pursuant to this Act. Schools which desire abatement grants
10shall apply to the Agency Department for such grants on forms
11designed and provided by the Agency Department. The Agency
12Department shall evaluate applications to establish priorities
13for funding recognizing the degree of health hazard present and
14shall categorize school needs using a numerical ranking.
15    In conjunction with the State Board of Education, the
16Agency Department shall calculate the amount of grant for which
17a public school district is eligible, based upon a Grant Index
18developed by the State Board of Education. The Grant Index
19shall be based upon the equalized assessed valuation of the
20school district and other measures of relative wealth to
21determine the percentage of the total cost of corrective action
22for which grants shall be authorized. The Grant Index for any
23school district is equal to one minus the ratio of the
24district's equalized assessed valuation per pupil in weighted
25daily average attendance to the equalized assessed valuation

 

 

09800SB1961sam003- 25 -LRB098 10237 JWD 44992 a

1per pupil in weighted average daily attendance of the district
2located at the ninetieth percentile for all districts of the
3same type. The Grant Index for any school district shall be not
4less than .50 and no greater than 1.00. The product of the
5district's Grant Index and the project cost, as determined by
6the Agency Department for approved corrective action, equals
7the amount that shall be expended on behalf of the school. All
8non-public schools shall be eligible for grants in an amount
9equal to 50% of the cost of corrective action.
10    In conjunction with the Capital Development Board, the
11Agency Department shall issue grants to schools for corrective
12action. The Capital Development Board shall, in conjunction
13with the schools, contract with a contractor whose name appears
14on the Department's list of approved contractors for the
15corrective action determined necessary according to provisions
16of this Act and the rules promulgated thereunder. All such
17contractors shall be prequalified as may be required by The
18Illinois Purchasing Act. All contracts entered into by the
19schools and the Capital Development Board shall include a
20provision that all work to be conducted under that contract
21shall be undertaken in accordance with this Act and the rules
22promulgated thereunder. The Capital Development Board shall
23exercise general supervision over corrective action financed
24pursuant to the provisions of this Act and the rules
25promulgated thereunder in schools. The Capital Development
26Board shall request an annual appropriation in an amount

 

 

09800SB1961sam003- 26 -LRB098 10237 JWD 44992 a

1sufficient to cover all expected grants to be awarded in that
2year. For purposes of reimbursement under this Section,
3corrective action means removal, encapsulation or enclosure.
4    A school district may levy a tax in accordance with Section
517-2.11 of "The School Code" in order to provide local funding
6for corrective action ordered under this Act. A school may use
7federal loans or grants to finance the cost of corrective
8action, but no State funding shall be used to repay any federal
9loan received by a school for asbestos abatement projects.
10(Source: P.A. 84-1096.)
 
11    (105 ILCS 105/11)  (from Ch. 122, par. 1411)
12    Sec. 11. Recordkeeping. Each school district shall:
13    (a) Keep a record of each asbestos abatement project that
14is performed in schools; and
15    (b) Make that record available to the Agency Department at
16any reasonable time.
17(Source: P.A. 83-1325.)
 
18    (105 ILCS 105/12a)  (from Ch. 122, par. 1412a)
19    Sec. 12a. Emergency stop work orders. Whenever the Agency
20Department finds that an emergency exists which requires
21immediate action to protect the public health, it may, without
22notice or hearing, issue an order reciting the existence of
23such an emergency and then require that such action be taken as
24it may deem necessary to meet the emergency, including but not

 

 

09800SB1961sam003- 27 -LRB098 10237 JWD 44992 a

1limited to the issuance of a stop work order and notice to the
2Department for the immediate removal of a contractor or
3contractors from the list provided for in Section 10.
4Notwithstanding any other provision in this Act, such order
5shall be effective immediately. The State's Attorney and
6Sheriff of the county in which the school is located shall
7enforce the order after receiving notice thereof. Any
8contractor affected by such an order is entitled, upon request,
9to a hearing as provided for in rules and regulations
10promulgated pursuant to this Act. When such conditions are
11abated, in the opinion of the Agency Department, the Agency
12Department may authorize the reinstitution of the activities
13and shall provide notice to the Department that it may
14authorize the inclusion on the list of contractors of those
15activities and contractors which were the subject of a stop
16work order.
17(Source: P.A. 84-951.)
 
18    (105 ILCS 105/12b)  (from Ch. 122, par. 1412b)
19    Sec. 12b. Civil Penalties. The Board Department is
20empowered to assess civil penalties against a contractor
21inspector, management planner, project designer, supervisor,
22worker, project manager, or air sampling professional for
23violations of this Act and the rules promulgated thereunder,
24pursuant to rules for such penalties established by the Board
25Department.

 

 

09800SB1961sam003- 28 -LRB098 10237 JWD 44992 a

1(Source: P.A. 86-416.)
 
2    (105 ILCS 105/12c)  (from Ch. 122, par. 1412c)
3    Sec. 12c. Under emergency conditions, an employee of a
4school district may clean or dispose of less than 3 linear feet
5or 3 square feet of friable or non-friable asbestos containing
6material in schools without meeting the definition of an
7"asbestos worker" as defined in this Act, provided the employee
8has completed the maximum asbestos awareness program provided
9for in federal law or rules. "Emergency conditions" for the
10purpose of this Section shall mean:
11    1) the facility is without heat, water, gas, or electric;
12or
13    2) the facility is unable to keep outside elements such as
14water from entering the interior of the structure; or
15    3) the dislodging or falling of less than 3 linear feet or
163 square feet of asbestos containing materials.
17    The Board Department may further define, by rule, what
18circumstances constitute an "emergency condition" under this
19Section. The Department may also set forth, by rule, the
20training or awareness program a school employee must meet as a
21prerequisite to conducting of asbestos clean-up or disposal
22pursuant to this Section.
23(Source: P.A. 86-647.)
 
24    (105 ILCS 105/13)  (from Ch. 122, par. 1413)

 

 

09800SB1961sam003- 29 -LRB098 10237 JWD 44992 a

1    Sec. 13. Federal funding. To the extent that federal funds
2become available for the removal of asbestos from schools and
3subject to any limitations which may be imposed, such federal
4funds shall be used in lieu of State financing of corrective
5actions and for any administrative costs incurred by the Agency
6Department in the administration of this Act.
7(Source: P.A. 83-1325.)
 
8    (105 ILCS 105/14)  (from Ch. 122, par. 1414)
9    Sec. 14. Enforcement. Notwithstanding the existence or
10pursuit of any other remedy, the Director may, in the manner
11provided by law, in the name of the People of the State and
12through the Attorney General who shall represent the Director
13in the proceedings, maintain an action for injunction or other
14relief or process against any school, the governing body
15thereof and any other person or unit of local government to
16enforce and compel compliance with the provisions of this Act,
17the rules and regulations promulgated thereunder and any order
18entered for any response action pursuant to this Act and such
19rules and regulations. Enforcement proceedings under this
20Section shall be conducted in accordance with Title VIII of the
21Environmental Protection Act.
22(Source: P.A. 86-416.)
 
23    (105 ILCS 105/16)  (from Ch. 122, par. 1416)
24    Sec. 16. Illinois School Asbestos Abatement Fund. All fees

 

 

09800SB1961sam003- 30 -LRB098 10237 JWD 44992 a

1and penalties collected by the Agency Department pursuant to
2this Act shall be deposited into the Illinois School Asbestos
3Abatement Fund which is hereby created in the State Treasury.
4Subject to appropriation, all monies deposited in the Illinois
5School Asbestos Abatement Fund under this Act shall be
6available to the Agency Department for its administration of
7this Act and of the federal Asbestos Hazard Emergency Response
8Act of 1986. Subject to appropriation, all moneys deposited in
9the Illinois School Asbestos Abatement Fund shall be available
10to the Agency Department of Public Health for administration of
11the Asbestos Abatement Act and the Commercial and Public
12Building Asbestos Abatement Act. The Illinois School Asbestos
13Abatement Fund is not subject to sweeps, administrative charges
14or chargebacks, or any other fiscal or budgetary maneuver that
15would in any way transfer any moneys from the Illinois School
16Asbestos Abatement Fund to any other Fund of the State or in
17the State treasury.
18(Source: P.A. 89-143, eff. 7-14-95.)
 
19    (105 ILCS 105/6c rep.)
20    (105 ILCS 105/10 rep.)
21    (105 ILCS 105/10a rep.)
22    (105 ILCS 105/10b rep.)
23    (105 ILCS 105/15a rep.)
24    Section 80. The Asbestos Abatement Act is amended by
25repealing Sections 6c, 10, 10a, 10b, and 15a.
 

 

 

09800SB1961sam003- 31 -LRB098 10237 JWD 44992 a

1    Section 85. The Commercial and Public Building Asbestos
2Abatement Act is amended by changing Sections 15, 20, 25, 40,
355, and 60 as follows:
 
4    (225 ILCS 207/15)
5    Sec. 15. Definitions. As used in this Act:
6    "Agency" means the Illinois Environmental Protection
7Agency.
8    "Asbestos abatement contractor" means any entity that
9provides removal, enclosure, encapsulation, or disposal of
10asbestos containing materials.
11    "Asbestos containing building materials" or "ACBM" means
12surfacing asbestos containing materials or ACM, thermal system
13insulation ACM, or miscellaneous ACM that is found in or on
14interior structural members or other parts of a building.
15    "Asbestos" means the asbestiform varieties of chrysotile,
16amosite, crocidolite, tremolite, anthrophyllite, and
17actinolite.
18    "Asbestos inspector" means an individual who performs
19inspections of commercial and public buildings for the presence
20of asbestos containing materials.
21    "Asbestos materials" means any material or product that
22contains more than 1% asbestos.
23    "Asbestos consultant" means a person offering expert or
24professional advice as an asbestos professional or designated

 

 

09800SB1961sam003- 32 -LRB098 10237 JWD 44992 a

1person.
2    "Asbestos professional" means an individual who is
3licensed by the Department to perform the duties of an
4inspector, management planner, project designer, project
5supervisor, project manager, or air sampling professional, as
6applicable, except project supervisors under the direct employ
7of a licensed asbestos abatement contractor.
8    "Asbestos supervisor" means an asbestos abatement
9contractor, foreman, or person designated as the asbestos
10abatement contractor's representative who is responsible for
11the onsite supervision of the removal, encapsulation, or
12enclosure of friable or nonfriable asbestos-containing
13materials in a commercial or public building.
14    "Asbestos worker" means an individual who cleans, removes,
15encapsulates, encloses, hauls, or disposes of friable asbestos
16material.
17    "Board" means the Illinois Pollution Control Board.
18    "Building/facility owner" is the legal entity, including a
19lessee, that exercises control over management and record
20keeping functions relating to a building or facility in which
21activities covered by this standard take place.
22    "Commercial or public building" means the interior space of
23any building, except that the term does not include any
24residential apartment building of fewer than 10 units or
25detached single family homes. The term includes, but is not
26limited to: industrial and office buildings, residential

 

 

09800SB1961sam003- 33 -LRB098 10237 JWD 44992 a

1apartment buildings and condominiums of 10 or more dwelling
2units, government-owned buildings, colleges, museums,
3airports, hospitals, churches, schools, preschools, stores,
4warehouses, and factories. Interior space includes exterior
5hallways connecting buildings, porticos, and mechanical
6systems used to condition interior space.
7    "Department" means the Department of Public Health.
8    "Designated person" means a person designated by the local
9education agency, as defined by the Asbestos Abatement Act, to
10ensure that the management plan has been properly implemented.
11    "Director" means the Director of the Illinois
12Environmental Protection Agency Public Health.
13    "Encapsulation" means the treatment of ACBM with a material
14that surrounds or embeds asbestos fibers in an adhesive matrix
15that prevents the release of fibers as the encapsulant creates
16a membrane over the surfaces (bridging encapsulant) or
17penetrates the material and binds its components together
18(penetrating encapsulant).
19    "Enclosure" means the construction of airtight walls and
20ceilings between the asbestos containing material and the
21building environment, or around surfaces coated with asbestos
22containing materials, or any other appropriate scientific
23procedure as determined by the Agency Department that prevents
24the release of asbestos.
25    "Friable", when referring to material in a commercial or
26public building, means that the material, when dry, may be

 

 

09800SB1961sam003- 34 -LRB098 10237 JWD 44992 a

1crumbled, pulverized, or reduced to powder by hand pressure and
2includes previously nonfriable materials after such previously
3nonfriable material becomes damaged to the extent that, when
4dry, it may be crumbled, pulverized, or reduced to powder by
5hand pressure.
6    "Inspection" means an activity undertaken in a public or
7commercial building to determine the presence or location, or
8to assess the condition of, friable or nonfriable asbestos
9containing building material (ACBM) or suspected ACBM, whether
10by visual or physical examination, or by collecting samples of
11such material.
12    "Nonfriable" means material in a commercial or public
13building which, when dry, may not be crumbled, pulverized, or
14reduced to powder by hand pressure.
15    "Person" means any individual, group of individuals,
16association, trust, partnership, corporation, person doing
17business under an assumed name, or any other entity.
18    "Project designer" means an individual who designs
19response actions for commercial or public buildings.
20    "Response action" means a method, including removal,
21encapsulation, enclosure, repair, operations and maintenance,
22that protects human health and the environment from friable
23ACBM.
24    "Response action contractor" means any entity that engages
25in response action services.
26    "Response action services" means the service of designing

 

 

09800SB1961sam003- 35 -LRB098 10237 JWD 44992 a

1and conducting removal, encapsulation, enclosure, repair, or
2operations and maintenance of friable asbestos containing
3building materials, inspection of public or commercial
4buildings, and inspection of asbestos containing materials.
5The term does not include the design or conducting of response
6actions that involve removal or possible disturbance of an
7amount of asbestos containing building material comprising
8less than 3 square feet or less than 3 lineal feet of other
9friable asbestos containing building material.
10(Source: P.A. 93-894, eff. 8-10-04.)
 
11    (225 ILCS 207/20)
12    Sec. 20. Powers and Duties of the Agency and the Board
13Department.
14    (a) In accordance with Title VII of the Environmental
15Protection Act, and after consultation with the Asbestos
16Advisory Committee as set forth in subsection (h) of Section 59
17of the Environmental Protection Act, the Agency may propose,
18and the Pollution Control Board may adopt, The Department is
19empowered to promulgate any rules necessary to ensure proper
20implementation and administration of this Act, and compliance
21with the federal Asbestos School Hazard Abatement
22Reauthorization Act of 1990.
23    (b) Rules adopted by the Board promulgated by the
24Department shall include, but not be limited to, rules relating
25to the correct and safe performance of response action

 

 

09800SB1961sam003- 36 -LRB098 10237 JWD 44992 a

1services, and rules for the assessment of civil penalties for
2violations of this Act or rules promulgated under it, and rules
3providing for the training and licensing of persons and firms
4(i) to perform asbestos inspection, (ii) to perform abatement
5work, and (iii) to serve as asbestos abatement contractors,
6response action contractors, and asbestos workers. The Agency
7Department is empowered to inspect activities regulated by this
8Act to ensure compliance.
9    (c) (Blank). In carrying out its responsibilities under
10this Act, the Department shall:
11        (1) Publish a list of response action contractors
12    licensed under this Act, except that the Department shall
13    not be required to publish a list of licensed asbestos
14    workers; and
15        (2) Adopt rules for the collection of fees for training
16    course approval and for the licensing of inspectors,
17    project designers, contractors, supervisors, and workers.
18    (d) All rulemaking under this Act shall be conducted in
19accordance with Title VII of the Environmental Protection Act.
20The provisions of the Illinois Administrative Procedure Act are
21hereby expressly adopted and shall apply to all administrative
22rules and procedures of the Department of Public Health under
23this Act, except that in case of conflict between the Illinois
24Administrative Procedure Act and this Act the provisions of
25this Act shall control, and except that Section 5-35 of the
26Illinois Administrative Procedure Act relating to procedures

 

 

09800SB1961sam003- 37 -LRB098 10237 JWD 44992 a

1for rulemaking does not apply to the adoption of any rule
2required by federal law in connection with which the Department
3is precluded by law from exercising any discretion.
4    (e) All final administrative decisions of the Board
5Department under this Act shall be subject to judicial review
6pursuant to the provisions of Title XI of the Environmental
7Protection Act the Administrative Review Law and the rules
8adopted under it. The term "administrative decision" has the
9meaning ascribed to it in Section 3-101 of the Code of Civil
10Procedure.
11    (f) (Blank). The Director, after notice and opportunity for
12hearing to the applicant or license holder, may deny, suspend,
13or revoke a license or expunge such person from the State list
14in any case in which he or she finds that there has been a
15substantial failure to comply with the provisions of this Act
16or the standards or rules established under it. Notice shall be
17provided by certified mail, return receipt requested, or by
18personal service setting forth the particular response for the
19proposed action and fixing a date, not less than 15 days from
20the date of such mailing or service, at which time the
21applicant, asbestos abatement contractor, or license holder
22shall be given an opportunity to request hearing. The hearing
23shall be conducted by the Director or by an individual
24designated in writing by the Director as Hearing Officer to
25conduct the hearing. On the basis of any such hearing, or upon
26default of the asbestos abatement contractor, applicant or

 

 

09800SB1961sam003- 38 -LRB098 10237 JWD 44992 a

1license holder, the Director shall make a determination
2specifying his or her findings and conclusions. A copy of the
3determination shall be sent by certified mail, return receipt
4requested, or served personally upon the applicant,
5contractor, or license holder.
6    The procedure governing hearings authorized by this
7Section shall be in accordance with rules promulgated by the
8Department. A full and complete record shall be kept of all
9proceedings, including the notice of hearing, complaint, and
10all other documents in the nature of pleadings, written motions
11filed in the proceedings, and the report and orders of the
12Director and Hearing Officer. All testimony shall be reported
13but need not be transcribed unless the decision is sought to be
14reviewed under the Administrative Review Law. A copy or copies
15of the transcript may be obtained by any interested party on
16payment of the cost of preparing the copy or copies. The
17Director or Hearing Officer shall, upon his or her own motion
18or on the written request of any party to the proceeding, issue
19subpoenas requiring the attendance and the giving of testimony
20by witnesses, and subpoenas duces tecum requiring the
21production of books, papers, records, or memoranda. All
22subpoenas and subpoenas duces tecum issued under this Act may
23be served by any person of legal age. The fees of witnesses for
24attendance and travel shall be the same as the fees of
25witnesses before the courts of this State, such fees to be paid
26when the witness is excused from further attendance. When the

 

 

09800SB1961sam003- 39 -LRB098 10237 JWD 44992 a

1witness is subpoenaed at the instance of the Director or
2Hearing Officer, such fees shall be paid in the same manner as
3other expenses of the Department, and when the witness is
4subpoenaed at the instance of any other party to any such
5proceeding the Department may require that the cost of service
6of the subpoena or subpoena duces tecum and the fee of the
7witness be borne by the party at whose instance the witness is
8summoned. In such case, the Department in its discretion may
9require a deposit to cover the cost of such service and witness
10fees. A subpoena or subpoena duces tecum so issued as above
11stated shall be served in the same manner as a subpoena issued
12by a circuit court.
13    Any circuit court of this State, upon the application of
14the Director, or upon the application of any other party to the
15proceeding, may, in its discretion, compel the attendance of
16witnesses, the production of books, papers, records, or
17memoranda and the giving of testimony before the Director or
18Hearing Officer conducting an investigation or holding a
19hearing authorized by this Act, by an attachment for contempt
20or otherwise, in the same manner as production of evidence may
21be compelled before the court.
22    The Director or Hearing Officer, or any party in an
23investigation or hearing before the Department, may cause the
24depositions of witnesses within this State to be taken in the
25manner prescribed by law for like depositions in civil actions
26in courts of this State, and, to that end, compel the

 

 

09800SB1961sam003- 40 -LRB098 10237 JWD 44992 a

1attendance of witnesses and the production of books, papers,
2records, or memoranda.
3(Source: P.A. 89-143, eff. 7-14-95.)
 
4    (225 ILCS 207/25)
5    Sec. 25. Consistency with federal law. Rules issued under
6this Act, including those governing the preparation of a list
7of response action contractors and the removal of response
8action contractors from the list as provided for in Section 20,
9shall not be inconsistent with rules and regulations
10promulgated by the United States Environmental Protection
11Agency under the Toxic Substances Control Act, the Clean Air
12Act, or other applicable federal statutes.
13(Source: P.A. 89-143, eff. 7-14-95.)
 
14    (225 ILCS 207/40)
15    Sec. 40. Enforcement. Notwithstanding the existence or
16pursuit of any other remedy, the Director may, in the manner
17provided by law and in the name of the People of the State and
18through the State's Attorney or the Attorney General who shall
19represent the Director in the proceedings, maintain an action
20for prosecution, injunction, or other relief or process against
21any Building/Facility Owner or any other person or unit of
22local government to enforce and compel compliance with the
23provisions of this Act, the rules promulgated under it and any
24order entered for any action under this Act and its rules.

 

 

09800SB1961sam003- 41 -LRB098 10237 JWD 44992 a

1Enforcement proceedings under this Section shall be conducted
2in accordance with Title VIII of the Environmental Protection
3Act. A person who violates this Act is guilty of a Class A
4misdemeanor punishable by a fine of $1,000 for each day the
5violation exists in addition to other civil penalties or up to
66 months imprisonment or both a fine and imprisonment.
7(Source: P.A. 89-143, eff. 7-14-95.)
 
8    (225 ILCS 207/55)
9    Sec. 55. Civil penalties. The Board Department is empowered
10to assess civil penalties for violations of this Act and the
11rules promulgated under this Act pursuant to rules for such
12penalties established by the Board Department.
13(Source: P.A. 89-143, eff. 7-14-95.)
 
14    (225 ILCS 207/60)
15    Sec. 60. Illinois School Asbestos Abatement Fund. All fees
16and penalties collected by the Agency Department pursuant to
17this Act shall be deposited into the Illinois School Asbestos
18Abatement Fund created by Section 16 of the Asbestos Abatement
19Act, and shall be available to the Agency Department for the
20administration of the Asbestos Abatement Act and this Act as
21provided in that Act.
22(Source: P.A. 89-143, eff. 7-14-95.)
 
23    (225 ILCS 207/30 rep.)

 

 

09800SB1961sam003- 42 -LRB098 10237 JWD 44992 a

1    (225 ILCS 207/35 rep.)
2    (225 ILCS 207/45 rep.)
3    Section 90. The Commercial and Public Building Asbestos
4Abatement Act is amended by repealing Sections 30, 35, and 45.
 
5    Section 95. The Environmental Protection Act is amended by
6adding Section 4, 5, 28, and 59 as follows:
 
7    (415 ILCS 5/4)  (from Ch. 111 1/2, par. 1004)
8    Sec. 4. Environmental Protection Agency; establishment;
9duties.
10    (a) There is established in the Executive Branch of the
11State Government an agency to be known as the Environmental
12Protection Agency. This Agency shall be under the supervision
13and direction of a Director who shall be appointed by the
14Governor with the advice and consent of the Senate. The term of
15office of the Director shall expire on the third Monday of
16January in odd numbered years, provided that he or she shall
17hold office until a successor is appointed and has qualified.
18The Director shall receive an annual salary as set by the
19Compensation Review Board. The Director, in accord with the
20Personnel Code, shall employ and direct such personnel, and
21shall provide for such laboratory and other facilities, as may
22be necessary to carry out the purposes of this Act. In
23addition, the Director may by agreement secure such services as
24he or she may deem necessary from any other department, agency,

 

 

09800SB1961sam003- 43 -LRB098 10237 JWD 44992 a

1or unit of the State Government, and may employ and compensate
2such consultants and technical assistants as may be required.
3    (b) The Agency shall have the duty to collect and
4disseminate such information, acquire such technical data, and
5conduct such experiments as may be required to carry out the
6purposes of this Act, including ascertainment of the quantity
7and nature of discharges from any contaminant source and data
8on those sources, and to operate and arrange for the operation
9of devices for the monitoring of environmental quality.
10    (c) The Agency shall have authority to conduct a program of
11continuing surveillance and of regular or periodic inspection
12of actual or potential contaminant or noise sources, of public
13water supplies, and of refuse disposal sites.
14    (d) In accordance with constitutional limitations, the
15Agency shall have authority to enter at all reasonable times
16upon any private or public property for the purpose of:
17        (1) Inspecting and investigating to ascertain possible
18    violations of this Act, any rule or regulation adopted
19    under this Act, any permit or term or condition of a
20    permit, or any Board order; or
21        (2) In accordance with the provisions of this Act,
22    taking whatever preventive or corrective action, including
23    but not limited to removal or remedial action, that is
24    necessary or appropriate whenever there is a release or a
25    substantial threat of a release of (A) a hazardous
26    substance or pesticide or (B) petroleum from an underground

 

 

09800SB1961sam003- 44 -LRB098 10237 JWD 44992 a

1    storage tank.
2    (e) The Agency shall have the duty to investigate
3violations of this Act, any rule or regulation adopted under
4this Act, any permit or term or condition of a permit, or any
5Board order; to issue administrative citations as provided in
6Section 31.1 of this Act; and to take such summary enforcement
7action as is provided for by Section 34 of this Act.
8    (f) The Agency shall appear before the Board in any hearing
9upon a petition for variance, the denial of a permit, or the
10validity or effect of a rule or regulation of the Board, and
11shall have the authority to appear before the Board in any
12hearing under the Act.
13    (g) The Agency shall have the duty to administer, in accord
14with Title X of this Act, such permit and certification systems
15as may be established by this Act or by regulations adopted
16thereunder. The Agency may enter into written delegation
17agreements with any department, agency, or unit of State or
18local government under which all or portions of this duty may
19be delegated for public water supply storage and transport
20systems, sewage collection and transport systems, air
21pollution control sources with uncontrolled emissions of 100
22tons per year or less and application of algicides to waters of
23the State. Such delegation agreements will require that the
24work to be performed thereunder will be in accordance with
25Agency criteria, subject to Agency review, and shall include
26such financial and program auditing by the Agency as may be

 

 

09800SB1961sam003- 45 -LRB098 10237 JWD 44992 a

1required.
2    (h) The Agency shall have authority to require the
3submission of complete plans and specifications from any
4applicant for a permit required by this Act or by regulations
5thereunder, and to require the submission of such reports
6regarding actual or potential violations of this Act, any rule
7or regulation adopted under this Act, any permit or term or
8condition of a permit, or any Board order, as may be necessary
9for the purposes of this Act.
10    (i) The Agency shall have authority to make recommendations
11to the Board for the adoption of regulations under Title VII of
12the Act.
13    (i-5) The Agency shall have authority to make
14recommendations to the Board for the adoption of regulations
15under Title VII of the Act to fulfill the purposes of the
16Asbestos Abatement Act and the Commercial and Public Buildings
17Asbestos Abatement Act.
18    (j) The Agency shall have the duty to represent the State
19of Illinois in any and all matters pertaining to plans,
20procedures, or negotiations for interstate compacts or other
21governmental arrangements relating to environmental
22protection.
23    (k) The Agency shall have the authority to accept, receive,
24and administer on behalf of the State any grants, gifts, loans,
25indirect cost reimbursements, or other funds made available to
26the State from any source for purposes of this Act or for air

 

 

09800SB1961sam003- 46 -LRB098 10237 JWD 44992 a

1or water pollution control, public water supply, solid waste
2disposal, noise abatement, or other environmental protection
3activities, surveys, or programs. Any federal funds received by
4the Agency pursuant to this subsection shall be deposited in a
5trust fund with the State Treasurer and held and disbursed by
6him in accordance with Treasurer as Custodian of Funds Act,
7provided that such monies shall be used only for the purposes
8for which they are contributed and any balance remaining shall
9be returned to the contributor.
10    The Agency is authorized to promulgate such regulations and
11enter into such contracts as it may deem necessary for carrying
12out the provisions of this subsection.
13    (l) The Agency is hereby designated as water pollution
14agency for the state for all purposes of the Federal Water
15Pollution Control Act, as amended; as implementing agency for
16the State for all purposes of the Safe Drinking Water Act,
17Public Law 93-523, as now or hereafter amended, except Section
181425 of that Act; as air pollution agency for the state for all
19purposes of the Clean Air Act of 1970, Public Law 91-604,
20approved December 31, 1970, as amended; and as solid waste
21agency for the state for all purposes of the Solid Waste
22Disposal Act, Public Law 89-272, approved October 20, 1965, and
23amended by the Resource Recovery Act of 1970, Public Law
2491-512, approved October 26, 1970, as amended, and amended by
25the Resource Conservation and Recovery Act of 1976, (P.L.
2694-580) approved October 21, 1976, as amended; as noise control

 

 

09800SB1961sam003- 47 -LRB098 10237 JWD 44992 a

1agency for the state for all purposes of the Noise Control Act
2of 1972, Public Law 92-574, approved October 27, 1972, as
3amended; and as implementing agency for the State for all
4purposes of the Comprehensive Environmental Response,
5Compensation, and Liability Act of 1980 (P.L. 96-510), as
6amended; and otherwise as pollution control agency for the
7State pursuant to federal laws integrated with the foregoing
8laws, for financing purposes or otherwise. The Agency is hereby
9authorized to take all action necessary or appropriate to
10secure to the State the benefits of such federal Acts, provided
11that the Agency shall transmit to the United States without
12change any standards adopted by the Pollution Control Board
13pursuant to Section 5(c) of this Act. This subsection (l) of
14Section 4 shall not be construed to bar or prohibit the
15Environmental Protection Trust Fund Commission from accepting,
16receiving, and administering on behalf of the State any grants,
17gifts, loans or other funds for which the Commission is
18eligible pursuant to the Environmental Protection Trust Fund
19Act. The Agency is hereby designated as the State agency for
20all purposes of administering the requirements of Section 313
21of the federal Emergency Planning and Community Right-to-Know
22Act of 1986.
23    Any municipality, sanitary district, or other political
24subdivision, or any Agency of the State or interstate Agency,
25which makes application for loans or grants under such federal
26Acts shall notify the Agency of such application; the Agency

 

 

09800SB1961sam003- 48 -LRB098 10237 JWD 44992 a

1may participate in proceedings under such federal Acts.
2    (m) The Agency shall have authority, consistent with
3Section 5(c) and other provisions of this Act, and for purposes
4of Section 303(e) of the Federal Water Pollution Control Act,
5as now or hereafter amended, to engage in planning processes
6and activities and to develop plans in cooperation with units
7of local government, state agencies and officers, and other
8appropriate persons in connection with the jurisdiction or
9duties of each such unit, agency, officer or person. Public
10hearings shall be held on the planning process, at which any
11person shall be permitted to appear and be heard, pursuant to
12procedural regulations promulgated by the Agency.
13    (n) In accordance with the powers conferred upon the Agency
14by Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the
15Agency shall have authority to establish and enforce minimum
16standards for the operation of laboratories relating to
17analyses and laboratory tests for air pollution, water
18pollution, noise emissions, contaminant discharges onto land
19and sanitary, chemical, and mineral quality of water
20distributed by a public water supply. The Agency may enter into
21formal working agreements with other departments or agencies of
22state government under which all or portions of this authority
23may be delegated to the cooperating department or agency.
24    (o) The Agency shall have the authority to issue
25certificates of competency to persons and laboratories meeting
26the minimum standards established by the Agency in accordance

 

 

09800SB1961sam003- 49 -LRB098 10237 JWD 44992 a

1with Section 4(n) of this Act and to promulgate and enforce
2regulations relevant to the issuance and use of such
3certificates. The Agency may enter into formal working
4agreements with other departments or agencies of state
5government under which all or portions of this authority may be
6delegated to the cooperating department or agency.
7    (p) Except as provided in Section 17.7, the Agency shall
8have the duty to analyze samples as required from each public
9water supply to determine compliance with the contaminant
10levels specified by the Pollution Control Board. The maximum
11number of samples which the Agency shall be required to analyze
12for microbiological quality shall be 6 per month, but the
13Agency may, at its option, analyze a larger number each month
14for any supply. Results of sample analyses for additional
15required bacteriological testing, turbidity, residual chlorine
16and radionuclides are to be provided to the Agency in
17accordance with Section 19. Owners of water supplies may enter
18into agreements with the Agency to provide for reduced Agency
19participation in sample analyses.
20    (q) The Agency shall have the authority to provide notice
21to any person who may be liable pursuant to Section 22.2(f) of
22this Act for a release or a substantial threat of a release of
23a hazardous substance or pesticide. Such notice shall include
24the identified response action and an opportunity for such
25person to perform the response action.
26    (r) The Agency may enter into written delegation agreements

 

 

09800SB1961sam003- 50 -LRB098 10237 JWD 44992 a

1with any unit of local government under which it may delegate
2all or portions of its inspecting, investigating and
3enforcement functions. Such delegation agreements shall
4require that work performed thereunder be in accordance with
5Agency criteria and subject to Agency review. Notwithstanding
6any other provision of law to the contrary, no unit of local
7government shall be liable for any injury resulting from the
8exercise of its authority pursuant to such a delegation
9agreement unless the injury is proximately caused by the
10willful and wanton negligence of an agent or employee of the
11unit of local government, and any policy of insurance coverage
12issued to a unit of local government may provide for the denial
13of liability and the nonpayment of claims based upon injuries
14for which the unit of local government is not liable pursuant
15to this subsection (r).
16    (s) The Agency shall have authority to take whatever
17preventive or corrective action is necessary or appropriate,
18including but not limited to expenditure of monies appropriated
19from the Build Illinois Bond Fund and the Build Illinois
20Purposes Fund for removal or remedial action, whenever any
21hazardous substance or pesticide is released or there is a
22substantial threat of such a release into the environment. The
23State, the Director, and any State employee shall be
24indemnified for any damages or injury arising out of or
25resulting from any action taken under this subsection. The
26Director of the Agency is authorized to enter into such

 

 

09800SB1961sam003- 51 -LRB098 10237 JWD 44992 a

1contracts and agreements as are necessary to carry out the
2Agency's duties under this subsection.
3    (t) The Agency shall have authority to distribute grants,
4subject to appropriation by the General Assembly, to units of
5local government for financing and construction of wastewater
6facilities in both incorporated and unincorporated areas. With
7respect to all monies appropriated from the Build Illinois Bond
8Fund and the Build Illinois Purposes Fund for wastewater
9facility grants, the Agency shall make distributions in
10conformity with the rules and regulations established pursuant
11to the Anti-Pollution Bond Act, as now or hereafter amended.
12    (u) Pursuant to the Illinois Administrative Procedure Act,
13the Agency shall have the authority to adopt such rules as are
14necessary or appropriate for the Agency to implement Section
1531.1 of this Act.
16    (v) (Blank.)
17    (w) Neither the State, nor the Director, nor the Board, nor
18any State employee shall be liable for any damages or injury
19arising out of or resulting from any action taken under
20subsection (s).
21    (x)(1) The Agency shall have authority to distribute
22    grants, subject to appropriation by the General Assembly,
23    to units of local government for financing and construction
24    of public water supply facilities. With respect to all
25    monies appropriated from the Build Illinois Bond Fund or
26    the Build Illinois Purposes Fund for public water supply

 

 

09800SB1961sam003- 52 -LRB098 10237 JWD 44992 a

1    grants, such grants shall be made in accordance with rules
2    promulgated by the Agency. Such rules shall include a
3    requirement for a local match of 30% of the total project
4    cost for projects funded through such grants.
5        (2) The Agency shall not terminate a grant to a unit of
6    local government for the financing and construction of
7    public water supply facilities unless and until the Agency
8    adopts rules that set forth precise and complete standards,
9    pursuant to Section 5-20 of the Illinois Administrative
10    Procedure Act, for the termination of such grants. The
11    Agency shall not make determinations on whether specific
12    grant conditions are necessary to ensure the integrity of a
13    project or on whether subagreements shall be awarded, with
14    respect to grants for the financing and construction of
15    public water supply facilities, unless and until the Agency
16    adopts rules that set forth precise and complete standards,
17    pursuant to Section 5-20 of the Illinois Administrative
18    Procedure Act, for making such determinations. The Agency
19    shall not issue a stop-work order in relation to such
20    grants unless and until the Agency adopts precise and
21    complete standards, pursuant to Section 5-20 of the
22    Illinois Administrative Procedure Act, for determining
23    whether to issue a stop-work order.
24    (y) The Agency shall have authority to release any person
25from further responsibility for preventive or corrective
26action under this Act following successful completion of

 

 

09800SB1961sam003- 53 -LRB098 10237 JWD 44992 a

1preventive or corrective action undertaken by such person upon
2written request by the person.
3    (z) To the extent permitted by any applicable federal law
4or regulation, for all work performed for State construction
5projects which are funded in whole or in part by a capital
6infrastructure bill enacted by the 96th General Assembly by
7sums appropriated to the Environmental Protection Agency, at
8least 50% of the total labor hours must be performed by actual
9residents of the State of Illinois. For purposes of this
10subsection, "actual residents of the State of Illinois" means
11persons domiciled in the State of Illinois. The Department of
12Labor shall promulgate rules providing for the enforcement of
13this subsection.
14(Source: P.A. 96-37, eff. 7-13-09; 96-503, eff. 8-14-09;
1596-800, eff. 10-30-09; 96-1000, eff. 7-2-10.)
 
16    (415 ILCS 5/5)  (from Ch. 111 1/2, par. 1005)
17    Sec. 5. Pollution Control Board.
18    (a) There is hereby created an independent board to be
19known as the Pollution Control Board.
20    Until July 1, 2003 or when all of the new members to be
21initially appointed under this amendatory Act of the 93rd
22General Assembly have been appointed by the Governor, whichever
23occurs later, the Board shall consist of 7 technically
24qualified members, no more than 4 of whom may be of the same
25political party, to be appointed by the Governor with the

 

 

09800SB1961sam003- 54 -LRB098 10237 JWD 44992 a

1advice and consent of the Senate.
2    The term of each appointed member of the Board who is in
3office on June 30, 2003 shall terminate at the close of
4business on that date or when all of the new members to be
5initially appointed under this amendatory Act of the 93rd
6General Assembly have been appointed by the Governor, whichever
7occurs later.
8    Beginning on July 1, 2003 or when all of the new members to
9be initially appointed under this amendatory Act of the 93rd
10General Assembly have been appointed by the Governor, whichever
11occurs later, the Board shall consist of 5 technically
12qualified members, no more than 3 of whom may be of the same
13political party, to be appointed by the Governor with the
14advice and consent of the Senate. Members shall have verifiable
15technical, academic, or actual experience in the field of
16pollution control or environmental law and regulation.
17    Of the members initially appointed pursuant to this
18amendatory Act of the 93rd General Assembly, one shall be
19appointed for a term ending July 1, 2004, 2 shall be appointed
20for terms ending July 1, 2005, and 2 shall be appointed for
21terms ending July 1, 2006. Thereafter, all members shall hold
22office for 3 years from the first day of July in the year in
23which they were appointed, except in case of an appointment to
24fill a vacancy. In case of a vacancy in the office when the
25Senate is not in session, the Governor may make a temporary
26appointment until the next meeting of the Senate, when he or

 

 

09800SB1961sam003- 55 -LRB098 10237 JWD 44992 a

1she shall nominate some person to fill such office; and any
2person so nominated, who is confirmed by the Senate, shall hold
3the office during the remainder of the term.
4    Members of the Board shall hold office until their
5respective successors have been appointed and qualified. Any
6member may resign from office, such resignation to take effect
7when a successor has been appointed and has qualified.
8    Board members shall be paid $37,000 per year or an amount
9set by the Compensation Review Board, whichever is greater, and
10the Chairman shall be paid $43,000 per year or an amount set by
11the Compensation Review Board, whichever is greater. Each
12member shall devote his or her entire time to the duties of the
13office, and shall hold no other office or position of profit,
14nor engage in any other business, employment, or vocation. Each
15member shall be reimbursed for expenses necessarily incurred
16and shall make a financial disclosure upon appointment.
17    Each Board member may employ one secretary and one
18assistant, and the Chairman one secretary and 2 assistants. The
19Board also may employ and compensate hearing officers to
20preside at hearings under this Act, and such other personnel as
21may be necessary. Hearing officers shall be attorneys licensed
22to practice law in Illinois.
23    The Board may have an Executive Director; if so, the
24Executive Director shall be appointed by the Governor with the
25advice and consent of the Senate. The salary and duties of the
26Executive Director shall be fixed by the Board.

 

 

09800SB1961sam003- 56 -LRB098 10237 JWD 44992 a

1    The Governor shall designate one Board member to be
2Chairman, who shall serve at the pleasure of the Governor.
3    The Board shall hold at least one meeting each month and
4such additional meetings as may be prescribed by Board rules.
5In addition, special meetings may be called by the Chairman or
6by any 2 Board members, upon delivery of 24 hours written
7notice to the office of each member. All Board meetings shall
8be open to the public, and public notice of all meetings shall
9be given at least 24 hours in advance of each meeting. In
10emergency situations in which a majority of the Board certifies
11that exigencies of time require the requirements of public
12notice and of 24 hour written notice to members may be
13dispensed with, and Board members shall receive such notice as
14is reasonable under the circumstances.
15    If there is no vacancy on the Board, 4 members of the Board
16shall constitute a quorum to transact business; otherwise, a
17majority of the Board shall constitute a quorum to transact
18business, and no vacancy shall impair the right of the
19remaining members to exercise all of the powers of the Board.
20Every action approved by a majority of the members of the Board
21shall be deemed to be the action of the Board. The Board shall
22keep a complete and accurate record of all its meetings.
23    (b) The Board shall determine, define and implement the
24environmental control standards applicable in the State of
25Illinois and may adopt rules and regulations in accordance with
26Title VII of this Act.

 

 

09800SB1961sam003- 57 -LRB098 10237 JWD 44992 a

1    (b-5) The Board may adopt rules and regulations in
2accordance with Title VII of this Act as needed to fulfill the
3purposes of the Asbestos Abatement Act and the Commercial and
4Public Buildings Asbestos Abatement Act.
5    (c) The Board shall have authority to act for the State in
6regard to the adoption of standards for submission to the
7United States under any federal law respecting environmental
8protection. Such standards shall be adopted in accordance with
9Title VII of the Act and upon adoption shall be forwarded to
10the Environmental Protection Agency for submission to the
11United States pursuant to subsections (l) and (m) of Section 4
12of this Act. Nothing in this paragraph shall limit the
13discretion of the Governor to delegate authority granted to the
14Governor under any federal law.
15    (d) The Board shall have authority to conduct proceedings
16upon complaints charging violations of this Act, any rule or
17regulation adopted under this Act, any permit or term or
18condition of a permit, or any Board order; upon administrative
19citations; upon petitions for variances or adjusted standards;
20upon petitions for review of the Agency's final determinations
21on permit applications in accordance with Title X of this Act;
22upon petitions to remove seals under Section 34 of this Act;
23and upon other petitions for review of final determinations
24which are made pursuant to this Act or Board rule and which
25involve a subject which the Board is authorized to regulate.
26The Board may also conduct other proceedings as may be provided

 

 

09800SB1961sam003- 58 -LRB098 10237 JWD 44992 a

1by this Act or any other statute or rule.
2    (e) In connection with any proceeding pursuant to
3subsection (b) or (d) of this Section, the Board may subpoena
4and compel the attendance of witnesses and the production of
5evidence reasonably necessary to resolution of the matter under
6consideration. The Board shall issue such subpoenas upon the
7request of any party to a proceeding under subsection (d) of
8this Section or upon its own motion.
9    (f) The Board may prescribe reasonable fees for permits
10required pursuant to this Act. Such fees in the aggregate may
11not exceed the total cost to the Agency for its inspection and
12permit systems. The Board may not prescribe any permit fees
13which are different in amount from those established by this
14Act.
15(Source: P.A. 95-331, eff. 8-21-07.)
 
16    (415 ILCS 5/28)  (from Ch. 111 1/2, par. 1028)
17    Sec. 28. Proposal of regulations; procedure.
18    (a) Any person may present written proposals for the
19adoption, amendment, or repeal of the Board's regulations, and
20the Board may make such proposals on its own motion. If the
21Board finds that any such proposal is supported by an adequate
22statement of reasons, is accompanied by a petition signed by at
23least 200 persons, is not plainly devoid of merit and does not
24deal with a subject on which a hearing has been held within the
25preceding 6 months, the Board shall schedule a public hearing

 

 

09800SB1961sam003- 59 -LRB098 10237 JWD 44992 a

1for consideration of the proposal. If such proposal is made by
2the Agency or by the Department, the Board shall schedule a
3public hearing without regard to the above conditions. The
4Board may hold one or more hearings to consider both the merits
5and the economics of the proposal. The Board may also in its
6discretion schedule a public hearing upon any proposal without
7regard to the above conditions.
8    No substantive regulation shall be adopted, amended, or
9repealed until after a public hearing within the area of the
10State concerned. In the case of state-wide regulations hearings
11shall be held in at least two areas. At least 20 days prior to
12the scheduled date of the hearing the Board shall give notice
13of such hearing by public advertisement in a newspaper of
14general circulation in the area of the state concerned of the
15date, time, place and purpose of such hearing; give written
16notice to any person in the area concerned who has in writing
17requested notice of public hearings; and make available to any
18person upon request copies of the proposed regulations,
19together with summaries of the reasons supporting their
20adoption.
21    Any public hearing relating to the adoption, amendment, or
22repeal of Board regulations under this subsection shall be held
23before a qualified hearing officer, who shall be attended by at
24least one member of the Board, designated by the Chairman. All
25such hearings shall be open to the public, and reasonable
26opportunity to be heard with respect to the subject of the

 

 

09800SB1961sam003- 60 -LRB098 10237 JWD 44992 a

1hearing shall be afforded to any person. All testimony taken
2before the Board shall be recorded stenographically. The
3transcript so recorded, and any written submissions to the
4Board in relation to such hearings, shall be open to public
5inspection, and copies thereof shall be made available to any
6person upon payment of the actual cost of reproducing the
7original.
8    After such hearing the Board may revise the proposed
9regulations before adoption in response to suggestions made at
10the hearing, without conducting a further hearing on the
11revisions.
12    In addition, the Board may revise the proposed regulations
13after hearing in response to objections or suggestions made by
14the Joint Committee on Administrative Rules pursuant to
15subsection (b) of Section 5-40 and subsection (a) of Section
165-110 of the Illinois Administrative Procedure Act, where the
17Board finds (1) that such objections or suggestions relate to
18the statutory authority upon which the regulation is based,
19whether the regulation is in proper form, or whether adequate
20notice was given, and (2) that the record before the Board is
21sufficient to support such a change without further hearing.
22    Any person heard or represented at a hearing or requesting
23notice shall be given written notice of the action of the Board
24with respect to the subject thereof.
25    No rule or regulation, or amendment or repeal thereof,
26shall become effective until a certified copy thereof has been

 

 

09800SB1961sam003- 61 -LRB098 10237 JWD 44992 a

1filed with the Secretary of State, and thereafter as provided
2in the Illinois Administrative Procedure Act as amended.
3    Any person who files a petition for adoption of a
4regulation specific to that person shall pay a filing fee.
5    (b) The Board shall not, on its own motion, propose
6regulations pursuant to subsection (a) of this Section or
7Sections 28.2, 28.4 or 28.5 of this Act to implement the
8provisions required by or related to the Clean Air Act
9Amendments of 1990, as now or hereafter amended. However,
10nothing herein shall preclude the Board from, on its own
11motion:
12        (1) making technical corrections to adopted rules
13    pursuant to Section 100.240 of Title 1 of the Illinois
14    Administrative Code;
15        (2) modifying a proposed rule following receipt of
16    comments, objections, or suggestions without agreement of
17    the proponent after the end of the hearing and comment
18    period;
19        (3) initiating procedural rulemaking in accordance
20    with Section 26 of this Act; or
21        (4) initiating rulemaking necessitated by a court
22    order directed to the Board.
23(Source: P.A. 87-860; 87-1213; 88-45.)
 
24    (415 ILCS 5/59 new)
25    Sec. 59. Asbestos Abatement Act; Commercial and Public

 

 

09800SB1961sam003- 62 -LRB098 10237 JWD 44992 a

1Buildings Asbestos Abatement Act.
2    (a) On July 1, 2013, all powers, duties, rights, and
3responsibilities of the Department of Public Health and the
4Director of Public Health under the Asbestos Abatement Act and
5the Commercial and Public Buildings Asbestos Abatement Act,
6other than those related to the licensure of persons and
7entities to perform the functions regulated by those Acts, are
8transferred to the Illinois Environmental Protection Agency
9and the Director of the Illinois Environmental Protection
10Agency. In the context of any laws or rules needed to implement
11or enforce the non-licensing related provisions of either the
12Asbestos Abatement Act or the Commercial and Public Buildings
13Asbestos Abatement Act, including, but not limited to, Part 855
14of Title 77 of the Illinois Administrative Code, on and after
15July 1, 2013, all references to the Department of Public Health
16shall be construed to mean the Illinois Environmental
17Protection Agency, and all references to the Director of Public
18Health shall be construed to mean the Director of the Illinois
19Environmental Protection Agency.
20    (b) Those employees of the Department of Public Health
21needed to administer either the Asbestos Abatement Act or the
22Commercial and Public Buildings Asbestos Abatement Act, other
23than those employees who perform work related to the licensure
24of persons and entities to perform the functions regulated by
25those Acts, shall be transferred to the Illinois Environmental
26Protection Agency. The status and rights of such employees

 

 

09800SB1961sam003- 63 -LRB098 10237 JWD 44992 a

1under the Personnel Code shall not be affected by the transfer.
2The rights of the employees and the State of Illinois and its
3agencies under the Personnel Code and applicable collective
4bargaining agreements or under any pension, retirement, or
5annuity plan shall not be affected by this amendatory Act of
6the 98th General Assembly.
7    (c) All books, records, papers, documents, property (real
8and personal), contracts, causes of action, and pending
9business pertaining to the powers, duties, rights, and
10responsibilities transferred by this amendatory Act from the
11Department of Public Health to the Illinois Environmental
12Protection Agency, including, but not limited to, material in
13electronic or magnetic format and necessary computer hardware
14and software, shall be transferred to the Illinois
15Environmental Protection Agency.
16    (d) All unexpended appropriations and balances and other
17funds available for use by the Department of Public Health for
18the administration of the Asbestos Abatement Act or the
19Commercial and Public Buildings Asbestos Abatement Act shall be
20transferred for use by the Illinois Environmental Protection
21Agency pursuant to the direction of the Director of the
22Illinois Environmental Protection Agency. Unexpended balances
23so transferred shall be expended only for the purpose for which
24the appropriations were originally made.
25    (e) Whenever reports or notices are now required to be made
26or given or papers or documents furnished or served by any

 

 

09800SB1961sam003- 64 -LRB098 10237 JWD 44992 a

1person to or upon the Department of Public Health in connection
2with any of the powers, duties, rights, and responsibilities
3transferred by this amendatory Act of the 98th General
4Assembly, the same shall be made, given, furnished, or served
5in the same manner to or upon the Illinois Environmental
6Protection Agency.
7    (f) This amendatory Act of the 98th General Assembly does
8not affect any act done, ratified, or canceled or any right
9occurring or established or any action or proceeding had or
10commenced in an administrative, civil, or criminal cause by the
11Department of Public Health before this amendatory Act of the
1298th General Assembly takes effect; such actions or proceedings
13may be prosecuted and continued by the Illinois Environmental
14Protection Agency.
15    (g) Any rules of the Department of Public Health in
16connection with any of the non-licensing related powers,
17duties, rights, and responsibilities transferred by this
18amendatory Act of the 98th General Assembly and that are in
19full force on the effective date of this amendatory Act of the
2098th General Assembly shall become the rules of the Illinois
21Pollution Control Board. This amendatory Act of the 98th
22General Assembly does not affect the legality of any such rules
23in the Illinois Administrative Code.
24    Any proposed rules filed with the Secretary of State by the
25Department of Public Health in connection with any of the
26non-licensing related powers, duties, rights, and

 

 

09800SB1961sam003- 65 -LRB098 10237 JWD 44992 a

1responsibilities transferred by this amendatory Act of the 98th
2General Assembly that are pending in the rulemaking process on
3the effective date of this amendatory Act of the 98th General
4Assembly and pertain to the non-licensing related powers,
5duties, rights, and responsibilities transferred, shall be
6deemed to have been filed by the Illinois Environmental
7Protection Agency.
8    As soon as practicable after the effective date of this
9amendatory Act of the 98th General Assembly, the Illinois
10Environmental Protection Agency shall review, revise and
11clarify the rules transferred to it under this amendatory Act
12of the 98th General Assembly to reflect the reorganization of
13powers, duties, rights, and responsibilities affected by this
14amendatory Act of the 98th General Assembly, using the
15procedures for recodification of rules available under the
16Illinois Administrative Procedure Act, except that existing
17title, part, and section numbering for the affected rules may
18be retained. In so doing, the Illinois Environmental Protection
19Agency shall ensure that a single set of standards apply to all
20parties similarly situated.
21    Under no circumstances shall this process, or the
22re-codification of rules provided for under this subsection
23(g), allow for the weakening of protection from asbestos
24exposure or increase the risk to human health or the
25environment therefrom.
26    (h) Asbestos Advisory Committee.

 

 

09800SB1961sam003- 66 -LRB098 10237 JWD 44992 a

1        (1) There is created the Asbestos Advisory Committee,
2    composed of the following members appointed by the
3    Governor:
4            (A) one member recommended by the Illinois Chamber
5        of Commerce;
6            (B) one member recommended by the Illinois
7        Association of Realtors;
8            (C) one member recommended by the Illinois
9        Municipal League;
10            (D) one member recommended by the Illinois
11        Statewide School Management Alliance;
12            (E) one member recommended by the Illinois
13        Specialty and Mechanical Contractors Association;
14            (F) one member recommended by the Chicago Local
15        Section of the American Industrial Hygiene
16        Association;
17            (G) one member recommended by the Illinois
18        Environmental Contractors Association;
19            (H) one member recommended by the American
20        Federation of Labor and Congress of Industrial
21        Organizations (AFL–CIO);
22            (I) one member recommended by the Illinois Chapter
23        of the American Institute of Architects;
24            (J) one member employed by an Illinois-based
25        business providing asbestos consulting services;
26            (K) one member employed by an Illinois-based

 

 

09800SB1961sam003- 67 -LRB098 10237 JWD 44992 a

1        business providing Illinois-approved asbestos training
2        courses;
3            (L) one member recommended by the Heat and Frost
4        Insulators and Asbestos Workers Union;
5            (M) one member recommended by the Illinois Pipe
6        Trades Association; and
7            (N) one member recommended by the Laborers
8        International Union of North America.
9        Administrative support shall be provided to the
10    Committee by the Environmental Protection Agency.
11        (2) The members of the Committee shall be appointed for
12    terms of 4 years, and may be reappointed; appointments to
13    fill vacancies shall be for the balance of the current
14    term. Members shall serve without compensation, but may be
15    reimbursed for actual expenses from funds appropriated for
16    that purpose. Members shall elect annually from their
17    number a chairperson and such other officers as they may
18    deem necessary. The Committee shall meet at least annually
19    and at the call of the chairperson.
20        (3) The Committee shall:
21            (A) review, evaluate, and make recommendations to
22        the Director of the Environmental Protection Agency
23        regarding laws, rules, and procedures related to
24        asbestos remediation;
25            (B) review, evaluate, and make recommendations to
26        the Director of Public Health regarding the training

 

 

09800SB1961sam003- 68 -LRB098 10237 JWD 44992 a

1        and licensing of persons and entities to engage in
2        asbestos remediation;
3            (C) make recommendations to the Director of the
4        Environmental Protection Agency relating to the
5        efforts to implement this Section, together with the
6        changes in this amendatory Act of the 98th General
7        Assembly to the Asbestos Abatement Act and the
8        Commercial and Public Buildings Act; and
9            (D) make recommendations to the Director of Public
10        Health relating to the efforts to implement this
11        Section and the Asbestos Occupations Licensure Act,
12        together with the changes in this amendatory Act of the
13        98th General Assembly to the Asbestos Abatement Act and
14        the Commercial and Public Buildings Act.
15    (i) On and after the effective date of this amendatory Act
16of the 98th General Assembly, except for those functions
17expressly provided for in the Asbestos Occupations Licensure
18Act, all rulemaking by the Agency in carrying out its
19responsibilities under the Asbestos Abatement Act and the
20Commercial and Public Buildings Act shall be done by the
21Pollution Control Board in accordance with Title VII of this
22Act.
 
23    Section 99. Effective date. This Act takes effect July 1,
242013.".