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92_HB1887ham001
LRB9207786EGfgam02
1 AMENDMENT TO HOUSE BILL 1887
2 AMENDMENT NO. . Amend House Bill 1887 by replacing
3 all of Section 5 with the following:
4 "Section 5. The Lead Poisoning Prevention Act is amended
5 by changing Sections 8, 9, 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
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1 agency shall:
2 (1) Prepare an inspection report which shall:
3 (A) State the address of the dwelling unit.
4 (B) Describe the scope of the inspection, the
5 inspection procedures used, and the method of
6 ascertaining the existence of a lead bearing substance in
7 the dwelling unit.
8 (C) State whether any lead bearing substances were
9 found in the dwelling unit.
10 (D) Describe the nature, extent, and location of
11 any lead bearing substance that is found.
12 (E) State either that a lead hazard does exist or
13 that a lead hazard does not exist. If a lead hazard does
14 exist, the report shall describe the source, nature and
15 location of the lead hazard. The existence of intact
16 lead paint does not alone constitute a lead hazard for
17 the purposes of this Section.
18 (F) Give the name of the person who conducted the
19 inspection and the person to contact for further
20 information regarding the inspection and the requirements
21 of this Act.
22 (2) Mail or otherwise provide a copy of the inspection
23 report to the property owner and to the occupants of the
24 dwelling unit. If a lead bearing substance is found, at the
25 time of providing a copy of the inspection report, the
26 Department or its delegate agency shall attach an
27 informational brochure.
28 (Source: P.A. 87-175; 87-1144.)
29 (410 ILCS 45/9) (from Ch. 111 1/2, par. 1309)
30 Sec. 9. Procedures upon determination of lead hazard.
31 (1) If the inspection report identifies a lead hazard,
32 the Department or delegate agency shall serve a mitigation
33 notice on the property owner that the owner is required to
-3- LRB9207786EGfgam02
1 mitigate the lead hazard, and shall indicate the time period
2 specified in this Section in which the owner must complete
3 the mitigation. The notice shall include information
4 describing mitigation activities which meet the requirements
5 of this Act.
6 (1.5) If the inspection report identifies a lead hazard
7 in a multi-unit building and the affected occupant is a child
8 under 6 years of age or a pregnant woman, the Department or
9 delegate agency may also inspect the other dwelling units and
10 the common areas of the building. If a lead hazard is
11 identified in the building in one or more other dwelling
12 units that are occupied by a child under 6 years of age or a
13 pregnant woman, the Department or delegate agency shall also
14 serve a mitigation notice on the property owner with respect
15 to those other dwelling units.
16 (2) Upon receipt of a mitigation notice If the
17 inspection report identifies a lead hazard, the owner shall
18 mitigate the lead hazard in a manner prescribed by the
19 Department and within the time limit prescribed by this
20 Section. The Department shall adopt rules regarding
21 acceptable methods of mitigating a lead hazard. If the
22 source of the lead hazard identified in the inspection report
23 is lead paint or any other leaded surface coating, the lead
24 hazard shall be deemed to have been mitigated if:
25 (A) the surface identified as the source of the
26 hazard is no longer in a condition that produces a
27 hazardous level of leaded chips, flakes, dust or any
28 other form of leaded substance, that can be ingested or
29 inhaled by humans, or;
30 (B) if the surface identified as the source of the
31 hazard is accessible to children and could reasonably be
32 chewed on by children, the surface coating is either
33 removed or covered, the surface is removed, or the access
34 to the leaded surface by children is otherwise prevented
-4- LRB9207786EGfgam02
1 as prescribed by the Department.
2 (3) Mitigation activities which involve the destruction
3 or disturbance of any leaded surface shall be conducted by a
4 licensed lead abatement contractor using licensed lead
5 abatement workers. The Department may prescribe by rule
6 mitigation activities that may be performed without a
7 licensed contractor or worker. The Department may, on a case
8 by case basis, grant a waiver of the requirement to use
9 licensed lead abatement contractors and workers, provided the
10 waiver does not endanger the health or safety of humans.
11 (4) The Department shall establish procedures whereby an
12 owner, after receiving a mitigation notice under this
13 Section, may submit a mitigation plan to the Department or
14 delegate agency for review and approval.
15 (5) When a mitigation notice is issued for a dwelling
16 unit inspected as a result of an elevated blood lead level in
17 a pregnant woman or a child, or if the dwelling unit is
18 occupied by a child under 6 years of age or a pregnant woman,
19 the owner shall mitigate the hazard within 30 days of
20 receiving the notice; otherwise, the owner shall complete the
21 mitigation within 90 days.
22 The owner shall mitigate the lead hazard in a dwelling
23 unit in a multi-unit building within 30 days of occupancy by
24 a pregnant woman or a child under 6 years of age if a lead
25 hazard has been previously identified by the Department or
26 the delegate agency; otherwise, the owner shall notify the
27 Department when mitigation is completed in a dwelling unit in
28 a multi-unit building.
29 (6) An owner may apply to the Department or its delegate
30 agency for an extension of the deadline for mitigation. If
31 the Department or its delegate agency determines that the
32 owner is making substantial progress toward mitigation, or
33 that the failure to meet the deadline is the result of a
34 shortage of licensed abatement contractors or workers, or
-5- LRB9207786EGfgam02
1 that the failure to meet the deadline is because the owner is
2 awaiting the review and approval of a mitigation plan, the
3 Department or delegate agency may grant an extension of the
4 deadline.
5 (7) The Department or its delegate agency shall may,
6 after the deadline set for completion of mitigation, conduct
7 a follow-up inspection of any dwelling for which a mitigation
8 notice was issued for the purpose of determining whether the
9 mitigation actions required have been completed and whether
10 the activities have sufficiently mitigated the lead hazard as
11 provided under this Section. The Department or its delegate
12 agency shall may conduct a follow-up inspection upon the
13 request of an owner or resident. If, upon completing the
14 follow-up inspection, the Department or its delegate agency
15 finds that the lead hazard for which the mitigation notice
16 was issued is not mitigated, the Department or its delegate
17 agency shall serve the owner with notice of the deficiency
18 and a mitigation order. The order shall indicate the
19 specific actions the owner must take to comply with the
20 mitigation requirements of this Act, which may include
21 abatement if abatement is the sole means by which the lead
22 hazard can be mitigated. The order shall also include the
23 date by which the mitigation shall be completed. If, upon
24 completing the follow-up inspection, the Department or
25 delegate agency finds that the mitigation requirements of
26 this Act have been satisfied, the Department or delegate
27 agency shall provide the owner with a certificate of
28 compliance stating that the required mitigation has been
29 accomplished.
30 (Source: P.A. 87-175; 87-1144.)
31 (410 ILCS 45/12) (from Ch. 111 1/2, par. 1312)
32 Sec. 12. Violations of Act.
33 (a) Violation of any Section of this Act other than
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1 Section 7 shall be punishable as a Class A misdemeanor in the
2 case of a first offense, and a Class 4 felony in the case of
3 a second or subsequent offense.
4 (b) In cases where a person is found to have mislabeled,
5 possessed, offered for sale or transfer, sold or transferred,
6 or given away lead-bearing substances, a representative of
7 the Department shall confiscate the lead-bearing substances
8 and retain the substances until they are shown to be in
9 compliance with this Act.
10 (c) In addition to any other penalty provided under this
11 Act, the court in an action brought under subsection (d) may
12 impose upon any person who violates this Act or any rule
13 adopted under this Act, or who violates any determination or
14 order of the Department under this Act, a civil penalty not
15 exceeding $2,500 for each violation plus $250 for each day
16 that the violation continues.
17 Any civil penalties collected in a court proceeding shall
18 be deposited into a delegated county lead poisoning
19 screening, prevention, and abatement fund or, if no delegated
20 county exists, into the Lead Poisoning Screening, Prevention,
21 and Abatement Fund.
22 (d) The State's Attorney of the county in which a
23 violation occurs or the Attorney General may bring an action
24 for the enforcement of this Act and the rules adopted and
25 orders issued under this Act, in the name of the People of
26 the State of Illinois, and may, in addition to other remedies
27 provided in this Act, bring an action for an injunction to
28 restrain any actual or threatened violation or to impose or
29 collect a civil penalty for any violation.
30 (Source: P.A. 87-175.)".