HB2401 99TH GENERAL ASSEMBLY

LRB099 05951 MGM 26000 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2401

Introduced , by Rep. Laura Fine

SYNOPSIS AS INTRODUCED:

415 ILCS 5/52.6 new

Amends the Environmental Protection Act. Provides that, on and after January 1, 2016, no person may knowingly cause or allow sale at wholesale or retail of a coal tar sealant product. Provides that, on and after July 1, 2017, no person may knowingly cause or allow application of a coal tar sealant product on any surface in the State of Illinois including but not limited to a driveway, parking area, playground, sidewalk, bike trail or roadway. Provides that a city or county may adopt ordinances providing for enforcement of the requirements of this provision. Provides that any violation of this provision shall be enforceable by administrative citation. Provides that penalties for violation may not exceed $1,000 for the first offense and $5,000 for the second offense. Effective immediately.

A BILL FOR

AN ACT concerning safety.

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

Section 5. The Environmental Protection Act is amended by adding Section 52.6 as follows:

(415 ILCS 5/52.6 new)

Sec. 52.6. Coal tar sealant use and sale prohibited.

(a) As used in this Section, "coal tar sealant product" means a surface applied sealing product containing any amount of coal tar, coal tar pitch, coal tar pitch volatiles, or any variation assigned the Chemical Abstracts Service (CAS) numbers 65996-93-2, 65996-89-6, or 8007-45-2.

(b) On and after January 1, 2016, no person may knowingly cause or allow sale at wholesale or retail of a coal tar sealant product.

(c) On and after July 1, 2017, no person may knowingly cause or allow application of a coal tar sealant product on any surface in the State of Illinois including but not limited to a driveway, parking area, playground, sidewalk, bike trail or roadway.

(d) A city or county may adopt ordinances providing for enforcement of the requirements of subsections (b) or (c) of this Section. A city or county adopting an ordinance has jurisdiction concurrent with the Agency to enforce this Section.

(e) Any violation of this Section shall be enforceable by administrative citation. Penalties under this Section may not exceed $1,000 for the first offense and $5,000 for the second offense.

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