State of Illinois
92^nd General Assembly
Legislation

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92_HB1887eng

 
HB1887 Engrossed                               LRB9207786EGfg

 1        AN ACT in relation to environmental protection.

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

 4        Section 5.  The Lead Poisoning Prevention Act is  amended
 5    by changing Sections 8, 9, 9.1, 11.2, and 12 as follows:

 6        (410 ILCS 45/8) (from Ch. 111 1/2, par. 1308)
 7        Sec.  8.  Inspection  of  buildings  occupied by a person
 8    screening positive.  A representative of the  Department,  or
 9    delegate  agency,  shall  may,  after  notification  that  an
10    occupant  of a the dwelling unit in question is found to have
11    a blood lead value of the value set forth in Section 7,  upon
12    presentation  of  the  appropriate  credentials to the owner,
13    occupant, or his representative, inspect the dwelling unit or
14    dwelling units, at reasonable  times,  for  the  purposes  of
15    ascertaining  that  all  surfaces  accessible to children are
16    intact and in good repair, and for purposes  of  ascertaining
17    the   existence   of  lead  bearing  substances.    The  Such
18    representative of the Department,  or  delegate  agency,  may
19    remove  samples  or objects necessary for laboratory analysis
20    and, in the determination of  the  presence  of  lead-bearing
21    substances in the designated dwelling or dwelling unit.
22        Following  the inspection, the Department or its delegate
23    agency shall:
24        (1)  Prepare an inspection report which shall:
25             (A)  State the address of the dwelling unit.
26             (B)  Describe  the  scope  of  the  inspection,  the
27        inspection   procedures   used,   and   the   method   of
28        ascertaining the existence of a lead bearing substance in
29        the dwelling unit.
30             (C)  State whether any lead bearing substances  were
31        found in the dwelling unit.
 
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 1             (D)  Describe  the  nature,  extent, and location of
 2        any lead bearing substance that is found.
 3             (E)  State either that a lead hazard does  exist  or
 4        that a lead hazard does not exist.  If a lead hazard does
 5        exist,  the  report shall describe the source, nature and
 6        location of the lead hazard.   The  existence  of  intact
 7        lead  paint  does  not alone constitute a lead hazard for
 8        the purposes of this Section.
 9             (F)  Give the name of the person who  conducted  the
10        inspection   and   the  person  to  contact  for  further
11        information regarding the inspection and the requirements
12        of this Act.
13        (2)  Mail or otherwise provide a copy of  the  inspection
14    report  to  the  property  owner  and to the occupants of the
15    dwelling unit.  If a lead bearing substance is found, at  the
16    time  of  providing  a  copy  of  the  inspection report, the
17    Department  or  its   delegate   agency   shall   attach   an
18    informational brochure.
19    (Source: P.A. 87-175; 87-1144.)

20        (410 ILCS 45/9) (from Ch. 111 1/2, par. 1309)
21        Sec. 9.  Procedures upon determination of lead hazard.
22        (1)  If  the  inspection report identifies a lead hazard,
23    the Department or delegate agency shall  serve  a  mitigation
24    notice  on  the  property owner that the owner is required to
25    mitigate the lead hazard, and shall indicate the time  period
26    specified  in  this  Section in which the owner must complete
27    the  mitigation.   The  notice  shall   include   information
28    describing  mitigation activities which meet the requirements
29    of this Act.
30        (1.5)  If the inspection report identifies a lead  hazard
31    in a multi-unit building and the affected occupant is a child
32    under  6  years of age or a pregnant woman, the Department or
33    delegate agency may also inspect the other dwelling units and
 
HB1887 Engrossed            -3-                LRB9207786EGfg
 1    the common areas of  the  building.   If  a  lead  hazard  is
 2    identified  in  the  building  in  one or more other dwelling
 3    units, the Department or delegate agency  shall  provide  the
 4    property  owner  and  any  affected  tenants  of  those other
 5    dwelling units a copy of the inspection report.
 6        (2)  Upon  receipt  of  a  mitigation   notice   If   the
 7    inspection  report  identifies a lead hazard, the owner shall
 8    mitigate the lead  hazard  in  a  manner  prescribed  by  the
 9    Department  and  within  the  time  limit  prescribed by this
10    Section.   The  Department  shall   adopt   rules   regarding
11    acceptable  methods  of  mitigating  a  lead  hazard.  If the
12    source of the lead hazard identified in the inspection report
13    is lead paint or any other leaded surface coating,  the  lead
14    hazard shall be deemed to have been mitigated if:
15             (A)  the  surface  identified  as  the source of the
16        hazard is no  longer  in  a  condition  that  produces  a
17        hazardous  level  of   leaded  chips, flakes, dust or any
18        other form of leaded substance, that can be  ingested  or
19        inhaled by humans, or;
20             (B)  if  the surface identified as the source of the
21        hazard is accessible to children and could reasonably  be
22        chewed  on   by  children,  the surface coating is either
23        removed or covered, the surface is removed, or the access
24        to the leaded surface by children is otherwise  prevented
25        as prescribed by the Department.
26        (3)  Mitigation  activities which involve the destruction
27    or disturbance of any leaded surface shall be conducted by  a
28    licensed   lead  abatement  contractor  using  licensed  lead
29    abatement workers.  The  Department  may  prescribe  by  rule
30    mitigation   activities  that  may  be  performed  without  a
31    licensed contractor or worker.  The Department may, on a case
32    by  case  basis,  grant  a  waiver  of the requirement to use
33    licensed lead abatement contractors and workers, provided the
34    waiver does not endanger the health or safety of humans.
 
HB1887 Engrossed            -4-                LRB9207786EGfg
 1        (4)  The Department shall establish procedures whereby an
 2    owner,   after  receiving  a  mitigation  notice  under  this
 3    Section,  may  submit  a mitigation plan to the Department or
 4    delegate agency for review and approval.
 5        (5)  When a mitigation notice is issued  for  a  dwelling
 6    unit inspected as a result of an elevated blood lead level in
 7    a  pregnant  woman  or  a  child,  or if the dwelling unit is
 8    occupied by a child under 6 years of age or a pregnant woman,
 9    the owner  shall  mitigate  the  hazard  within  30  days  of
10    receiving the notice; otherwise, the owner shall complete the
11    mitigation within 90 days.
12        In  accordance  with  Section  9.1 of this Act, the owner
13    shall make available to any tenant or  prospective  tenant  a
14    copy  of the inspection report or mitigation notice issued by
15    the Department  or  delegate  agency  for  a  dwelling  in  a
16    multi-unit  building.  The notice shall also be made prior to
17    occupancy by  a  new  tenant.   The  owner  shall  also  make
18    available  any subsequent documentation that specifies if the
19    lead-bearing substances or lead hazards have  been  mitigated
20    or  abated  and  copies  of  any  lead  dust  sample  results
21    collected  in the affected dwelling unit or common area.  The
22    owner must complete the mitigation of any lead hazards  in  a
23    multi-unit   building  no  later  than  one  year  after  the
24    mitigation order by the Department or delegate agency, unless
25    the owner is granted an extension as provided  in  subsection
26    (6).
27        (6)  An owner may apply to the Department or its delegate
28    agency  for  an extension of the deadline for mitigation.  If
29    the Department or its delegate  agency  determines  that  the
30    owner  is  making  substantial progress toward mitigation, or
31    that the failure to meet the deadline  is  the  result  of  a
32    shortage  of  licensed  abatement  contractors or workers, or
33    that the failure to meet the deadline is because the owner is
34    awaiting the review and approval of a  mitigation  plan,  the
 
HB1887 Engrossed            -5-                LRB9207786EGfg
 1    Department  or  delegate agency may grant an extension of the
 2    deadline.
 3        (7)  The Department or its delegate agency may, after the
 4    deadline  set  for  completion  of  mitigation,   conduct   a
 5    follow-up  inspection  of any dwelling for which a mitigation
 6    notice was issued for the purpose of determining whether  the
 7    mitigation  actions  required have been completed and whether
 8    the activities have sufficiently mitigated the lead hazard as
 9    provided under this Section.  The Department or its  delegate
10    agency  may  conduct a follow-up inspection upon notification
11    by the request of an owner or resident.  If, upon  completing
12    the  follow-up  inspection,  the  Department  or its delegate
13    agency finds that the lead hazard for  which  the  mitigation
14    notice  was  issued  is  not mitigated, the Department or its
15    delegate agency shall serve the  owner  with  notice  of  the
16    deficiency  and a mitigation order.  The order shall indicate
17    the specific actions the owner must take to comply  with  the
18    mitigation  requirements  of  this  Act,  which  may  include
19    abatement  if  abatement  is the sole means by which the lead
20    hazard can be mitigated. The order  shall  also  include  the
21    date  by  which  the mitigation shall be completed.  If, upon
22    completing  the  follow-up  inspection,  the  Department   or
23    delegate  agency  finds  that  the mitigation requirements of
24    this Act have been  satisfied,  the  Department  or  delegate
25    agency   shall  provide  the  owner  with  a  certificate  of
26    compliance stating that  the  required  mitigation  has  been
27    accomplished.
28    (Source: P.A. 87-175; 87-1144.)

29        (410 ILCS 45/9.1) (from Ch. 111 1/2, par. 1309.1)
30        Sec. 9.1.  Owner's obligation to give notice. An owner of
31    a  dwelling  unit  or residential building who has received a
32    mitigation notice or inspection report  under  Section  9  of
33    this  Act  shall,  before entering into a lease agreement for
 
HB1887 Engrossed            -6-                LRB9207786EGfg
 1    the  dwelling  unit  for  which  the  mitigation  notice   or
 2    inspection  report was issued, provide prospective lessees of
 3    that  unit  with  written  notice  that  a  lead  hazard  has
 4    previously been identified in the dwelling unit,  unless  the
 5    owner  has  obtained a certificate of compliance for the unit
 6    under  Section  9.   An  owner  may   satisfy   this   notice
 7    requirement  by  providing the prospective lessee with a copy
 8    of  the  mitigation  notice  or  inspection  report  prepared
 9    pursuant to Section 9.
10        Before entering into a residential lease  agreement,  all
11    owners  of  residential  buildings  or  dwelling  units built
12    before 1978 shall give prospective lessees information on the
13    potential  health  hazards  posed  by  lead  in   residential
14    dwellings  by providing the prospective lessee with a copy of
15    an  informational   brochure   approved   prepared   by   the
16    Department.   Within  one  year of the effective date of this
17    amendatory Act of 1992, owners of  residential  buildings  or
18    dwelling  units  built  before  1978  shall  provide  current
19    lessees with such brochure.
20    (Source: P.A. 87-1144.)

21        (410 ILCS 45/11.2) (from Ch. 111 1/2, par. 1311.2)
22        Sec.  11.2.  Administrative action Revocation of License.
23    Pursuant to the Illinois  Administrative  Procedure  Act  and
24    rules   promulgated  thereunder,  the  Department  may  deny,
25    suspend, or  revoke  any  license  if  the  Department  finds
26    failure  or  refusal to comply with provisions of this Act or
27    rules promulgated pursuant to the Act.
28        The Department may assess  civil  penalties  against  any
29    licensed  lead  worker, licensed lead professsional, licensed
30    lead contractor,  or  approved  lead  training  provider  for
31    violations  of  this Act and the rules promulgated hereunder,
32    pursuant  to  rules  for   penalties   established   by   the
33    Department.   Any penalties collected shall be deposited into
 
HB1887 Engrossed            -7-                LRB9207786EGfg
 1    the Lead Poisoning Screening, Prevention, and Abatement Fund.
 2    (Source: P.A. 87-1144.)

 3        (410 ILCS 45/12) (from Ch. 111 1/2, par. 1312)
 4        Sec. 12. Violations of Act.
 5        (a)  Violation of any Section  of  this  Act  other  than
 6    Section 7 shall be punishable as a Class A misdemeanor in the
 7    case  of a first offense, and a Class 4 felony in the case of
 8    a second or subsequent offense.
 9        (b)  In cases where a person is found to have mislabeled,
10    possessed, offered for sale or transfer, sold or transferred,
11    or given away lead-bearing substances,  a  representative  of
12    the  Department  shall confiscate the lead-bearing substances
13    and retain the substances until  they  are  shown  to  be  in
14    compliance with this Act.
15        (c)  In addition to any other penalty provided under this
16    Act,  the court in an action brought under subsection (d) may
17    impose upon any person who violates  this  Act  or  any  rule
18    adopted  under this Act, or who violates any determination or
19    order of the Department under this Act, a civil  penalty  not
20    exceeding  $2,500  for  each violation plus $250 for each day
21    that the violation continues.
22        Any civil penalties collected in a court proceeding shall
23    be  deposited  into  a  delegated   county   lead   poisoning
24    screening, prevention, and abatement fund or, if no delegated
25    county exists, into the Lead Poisoning Screening, Prevention,
26    and Abatement Fund.
27        (d)  The  State's  Attorney  of  the  county  in  which a
28    violation occurs or the Attorney General may bring an  action
29    for  the  enforcement  of  this Act and the rules adopted and
30    orders issued under this Act, in the name of  the  People  of
31    the State of Illinois, and may, in addition to other remedies
32    provided  in  this  Act, bring an action for an injunction to
33    restrain any actual or threatened violation or to  impose  or
 
HB1887 Engrossed            -8-                LRB9207786EGfg
 1    collect a civil penalty for any violation.
 2    (Source: P.A. 87-175.)

 3        Section  10.  The Environmental Protection Act is amended
 4    by adding Section 22.28a as follows:

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

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

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