(105 ILCS 105/3)
(from Ch. 122, par. 1403)
As used in this Act:
(a) "Asbestos" means the
asbestiform varieties of chrysotile, amosite, crocidolite, tremolite,
anthrophyllite, and actinolite.
(b) "Asbestos materials" means materials formed by mixing asbestos fibers
with other products, including but not limited to rock wool, plaster,
cellulose, clay, vermiculite, perlite and a variety of adhesives, and which
contain more than 1% asbestos by weight. Some of these
materials may be sprayed on surfaces or applied to surfaces in the form of
plaster or a textured paint.
(c) "School" means any school district or public, private or
nonpublic day or residential educational institution that provides
elementary or secondary education for grade 12 or under.
(d) "Local educational agency" means:
(1) Any local education agency as defined in Section
198 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 3381).
(2) The owner of any nonpublic, nonprofit elementary
or secondary school building.
(3) The governing authority of any school operated
under the defense dependents' education system provided for under the Defense Department's Education Act of 1978 (20 U.S.C. 921, et seq.).
(e) "Response action" means a method, including
removal, encapsulation, enclosure, repair, operations and maintenance, that
protects human health and the environment from friable ACBM.
(f) "Asbestos containing building materials" or ACBM means surfacing
asbestos containing material or ACM, thermal system insulation ACM
or miscellaneous ACM that is found in or on interior
structural members or other parts of a school building.
(g) "Friable" when referring to material in a school building means
that the material, when dry, may be crumbled, pulverized, or reduced to
powder by hand pressure, and includes previously nonfriable materials after
such previously nonfriable material becomes damaged to the extent that, when
dry, it may be crumbled, pulverized, or reduced to powder by hand
(h) "Asbestos Abatement Contractor" means any entity that engages in
the removal, enclosure, or encapsulation of asbestos containing materials
for any school.
(i) "Response action contractor" means any entity that engages in
response action services for any school.
(j) "Friable material containment" means the encapsulation
or enclosure of any friable asbestos material in a facility.
(k) "Enclosure" means the construction of airtight walls and ceilings
between the asbestos material and the educational facility environment,
or around surfaces coated with asbestos materials, or any other appropriate
scientific procedure as determined by the Department which prevents the
release of asbestos materials.
(l) "Encapsulation" means the treatment of ACBM with a
material that surrounds or embeds asbestos fibers in an adhesive matrix to
prevent the release of fibers, as the encapsulant creates a membrane over
the surfaces (bridging encapsulant or penetrates the material and binds its
components together (penetrating encapsulant).
(m) "Department" means the Department of Public Health.
(n) "Director" means the Director of Public Health.
(o) "School personnel" means any employee of a school.
(p) "Student" means any student enrolled in a school.
(q) "School Building" means:
(1) Any structure suitable for use as a classroom,
including a school facility such as a laboratory, library, school eating facility, or facility used for the preparation of food.
(2) Any gymnasium or other facility which is
specially designed for athletic or recreational activities for an academic course in physical education.
(3) Any other facility used for the instruction or
housing of students or for the administration of educational or research programs.
(4) Any maintenance, storage, or utility facility,
including any hallway essential to the operation of any facility described in this definition of "school building" under items (1), (2), or (3).
(5) Any portico or covered exterior hallway or
(6) Any exterior portion of a mechanical system used
to condition interior space.
(r) "Asbestos worker" means an individual who cleans, removes,
encapsulates, encloses, hauls or disposes of friable asbestos material in
schools as defined in this Act.
(s) "Nonfriable" means material in a school building which, when dry,
may not be crumbled, pulverized, or reduced to powder by hand pressure.
(t) "Management plan" means a plan developed for a local educational
agency for the management of asbestos in its school buildings pursuant to
the federal Asbestos Hazard Emergency Response Act of 1986 and the
regulations promulgated thereunder.
(u) "Management planner" means an individual licensed by the
Department to prepare management plans.
(v) "Project designer" means an individual licensed by the
Department to design response actions for school buildings.
(w) "Asbestos inspector" means an individual licensed by the
Department to perform inspections of schools for the presence of
asbestos containing materials.
(Source: P.A. 86-416; 86-1475.)
(105 ILCS 105/6)
(from Ch. 122, par. 1406)
Powers and duties of the Department.
(a) The Department is empowered to promulgate any rules necessary to
ensure proper implementation and administration of this Act and of the
federal Asbestos Hazard Emergency Response Act of 1986, and the regulations
(b) Rules promulgated by the Department shall include, but not be limited
(1) all rules necessary to achieve compliance with
the federal Asbestos Hazard Emergency Response Act of 1986 and the regulations promulgated thereunder;
(2) rules providing for the training and licensing of
persons and firms to perform asbestos inspection and air sampling; to perform abatement work; and to serve as asbestos abatement contractors, management, planners, project designers, project supervisors, project managers and asbestos workers for public and private secondary and elementary schools; and any necessary rules relating to the correct and safe performance of those tasks; and
(3) rules for the development and submission of
asbestos management plans by local educational agencies, and for review and approval of such plans by the Department.
(c) In carrying out its responsibilities under this Act, the Department
(1) publish a list of persons and firms licensed
pursuant to this Act, except that the Department shall not be required to publish a list of licensed asbestos workers;
(2) require each local educational agency to maintain
records of asbestos-related activities, which shall be made available to the Department upon request; and
(3) adopt rules for the collection of fees for
training course approval; and for licensing of inspectors, management planners, project designers, contractors, supervisors, air sampling professionals, project managers and workers.
(Source: P.A. 96-537, eff. 8-14-09; 96-1000, eff. 7-2-10.)
(105 ILCS 105/6c)
(from Ch. 122, par. 1406c)
The Director after notice and opportunity for hearing to the
contractor, applicant or license holder may deny, suspend, or revoke a license
or expunge such person from the state list in any case in which he or she
finds that there has been a substantial failure to comply with the
provisions of this Act or the standards, rules and regulations established
by virtue thereof.
Such notice shall be provided by certified mail or by personal service
setting forth the particular reasons for the proposed action and fixing a
date, not less than 15 days from the date of such mailing or service, at
which time the applicant, contractor, or license holder shall be given an
opportunity to request hearing.
The hearing shall be conducted by the Director or by an individual
designated in writing by the Director as Hearing Officer to conduct the
hearing. On the basis of any such hearing, or upon default of the
contractor, applicant or license holder, the Director shall make a
determination specifying his or her findings and conclusions. A copy of
such determination shall be sent by certified mail or served personally
upon the applicant, contractor or license holder.
The procedure governing hearings authorized by this Section shall be in
accordance with rules promulgated by the Department. A full and complete
record shall be kept of all proceedings, including the notice of hearing,
complaint, and all other documents in the nature of pleadings, written
motions filed in the proceedings, and the report and orders of the Director
and Hearing Officer. All testimony shall be reported but need not be
transcribed unless the decision is sought to be reviewed pursuant to the
"Administrative Review Law". A copy or copies of the transcript may be
obtained by any interested party on payment of the cost of preparing such
copy or copies. The Director or Hearing Officer, shall upon his or her own
motion, or on the written request of any party to the proceeding, issue
subpoenas requiring the attendance and the giving of testimony by
witnesses, and subpoenas duces tecum requiring the production of books,
papers, records or memoranda. All subpoenas and subpoenas duces tecum
issued under the terms of this Act may be served by any person of legal
age. The fees of witnesses for attendance and travel shall be the same as
the fees of witnesses before the Circuit Court of this State, such fees to
be paid when the witness is excused from further attendance. When the
witness is subpoenaed at the instance of the Director or Hearing Officer,
such fees shall be paid in the same manner as other expenses of the
Department, and when the witness is subpoenaed at the instance of any other
party to any such proceeding the Department may require that the cost of
service of the subpoena or subpoena duces tecum and the fee of the witness
be borne by the party at whose instance the witness is summoned. In such
case, the Department in its discretion may require a deposit to cover the
cost of such service and witness fees. A subpoena or subpoena duces tecum
so issued as above stated shall be served in the same manner as a subpoena
issued by a circuit court.
Any circuit court of this State, upon the application of the Director, or
upon the application of any other party to the proceeding, may, in its
discretion, compel the attendance of witnesses, the production of books,
papers, records or memoranda and the giving of testimony before the
Director or Hearing Officer conducting an investigation or holding a
hearing authorized by this Act, by an attachment for contempt or otherwise,
in the same manner as production of evidence may be compelled before the court.
The Director or Hearing Officer, or any party in an investigation or
hearing before the Department, may cause the depositions of witnesses
within the State to be taken in the manner prescribed by law for like
depositions in civil actions in courts of this State, and to that end
compel the attendance of witnesses and the production of books, papers,
records, or memoranda.
(Source: P.A. 84-951.)