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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1961 Introduced 2/15/2013, by Sen. William R. Haine - Jason A. Barickman SYNOPSIS AS INTRODUCED: |
| 105 ILCS 105/3 | from Ch. 122, par. 1403 | 105 ILCS 105/4 | from Ch. 122, par. 1404 | 105 ILCS 105/6 | from Ch. 122, par. 1406 | 105 ILCS 105/6a | from Ch. 122, par. 1406a | 105 ILCS 105/6b | from Ch. 122, par. 1406b | 105 ILCS 105/6c | from Ch. 122, par. 1406c | 105 ILCS 105/9 | from Ch. 122, par. 1409 | 105 ILCS 105/9a | from Ch. 122, par. 1409a | 105 ILCS 105/9b | from Ch. 122, par. 1409b | 105 ILCS 105/10 | from Ch. 122, par. 1410 | 105 ILCS 105/10a | from Ch. 122, par. 1410a | 105 ILCS 105/10b | from Ch. 122, par. 1410b | 105 ILCS 105/11 | from Ch. 122, par. 1411 | 105 ILCS 105/12a | from Ch. 122, par. 1412a | 105 ILCS 105/12b | from Ch. 122, par. 1412b | 105 ILCS 105/12c | from Ch. 122, par. 1412c | 105 ILCS 105/13 | from Ch. 122, par. 1413 | 105 ILCS 105/15a | from Ch. 122, par. 1415a | 105 ILCS 105/16 | from Ch. 122, par. 1416 | 225 ILCS 207/15 | | 225 ILCS 207/20 | | 225 ILCS 207/30 | | 225 ILCS 207/35 | | 225 ILCS 207/45 | | 225 ILCS 207/55 | | 225 ILCS 207/60 | | 415 ILCS 5/59 new | |
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Amends the Environmental Protection Act. Provides that all powers, duties, rights, and responsibilities of the Department of Public Health under the Asbestos Abatement Act and the Commercial and Public Buildings Asbestos Abatement Act are transferred to the Illinois Environmental Protection Agency. Makes conforming changes to the Asbestos Abatement Act and the Commercial and Public Buildings Act. Effective July 1, 2013.
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| | A BILL FOR |
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1 | | AN ACT concerning State government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Asbestos Abatement Act is amended by |
5 | | changing Sections 3, 4, 6, 6a, 6b, 6c, 9, 9a, 9b, 10, 10a, 10b, |
6 | | 11, 12a, 12b, 12c, 13, 15a, and 16 as follows:
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7 | | (105 ILCS 105/3) (from Ch. 122, par. 1403)
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8 | | Sec. 3. Definitions. As used in this Act:
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9 | | (a) "Asbestos" means the
asbestiform varieties of |
10 | | chrysotile, amosite, crocidolite, tremolite,
anthrophyllite, |
11 | | and actinolite.
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12 | | (b) "Asbestos materials" means materials formed by mixing |
13 | | asbestos fibers
with other products, including but not limited |
14 | | to rock wool, plaster,
cellulose, clay, vermiculite, perlite |
15 | | and a variety of adhesives, and which
contain more than 1% |
16 | | asbestos by weight. Some of these
materials may be sprayed on |
17 | | surfaces or applied to surfaces in the form of
plaster or a |
18 | | textured paint.
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19 | | (c) "School" means any school district or public, private |
20 | | or
nonpublic day or residential educational institution that |
21 | | provides
elementary or secondary education for grade 12 or |
22 | | under.
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23 | | (d) "Local educational agency" means:
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1 | | (1) Any local education agency
as defined in Section |
2 | | 198 of the Elementary and Secondary Education Act of
1965 |
3 | | (20 U.S.C. 3381).
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4 | | (2) The owner of any nonpublic, nonprofit
elementary or |
5 | | secondary school building.
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6 | | (3) The governing authority of
any school operated |
7 | | under the defense dependents' education system provided
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8 | | for under the Defense Department's Education Act of 1978 |
9 | | (20 U.S.C. 921, et
seq.).
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10 | | (e) "Response action" means a method, including
removal, |
11 | | encapsulation, enclosure, repair, operations and maintenance, |
12 | | that
protects human health and the environment from friable |
13 | | ACBM.
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14 | | (f) "Asbestos containing building materials" or ACBM means |
15 | | surfacing
asbestos containing material or ACM, thermal system |
16 | | insulation ACM
or miscellaneous ACM that is found in or on |
17 | | interior
structural members or other parts of a school |
18 | | building.
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19 | | (g) "Friable" when referring to material in a school |
20 | | building means
that the material, when dry, may be crumbled, |
21 | | pulverized, or reduced to
powder by hand pressure, and includes |
22 | | previously nonfriable materials after
such previously |
23 | | nonfriable material becomes damaged to the extent that, when
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24 | | dry, it may be crumbled, pulverized, or reduced to powder by |
25 | | hand
pressure.
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26 | | (h) "Asbestos Abatement Contractor" means any entity that |
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1 | | engages in
the removal, enclosure, or encapsulation of asbestos |
2 | | containing materials
for any school.
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3 | | (i) "Response action contractor" means any entity that |
4 | | engages in
response action services for any school.
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5 | | (j) "Friable material containment" means the encapsulation
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6 | | or enclosure of any friable asbestos material in a facility.
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7 | | (k) "Enclosure" means the construction of airtight walls |
8 | | and ceilings
between the asbestos material and the educational |
9 | | facility environment,
or around surfaces coated with asbestos |
10 | | materials, or any other appropriate
scientific procedure as |
11 | | determined by the Agency Department which prevents the
release |
12 | | of asbestos materials.
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13 | | (l) "Encapsulation" means the treatment of ACBM with a
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14 | | material that surrounds or embeds asbestos fibers in an |
15 | | adhesive matrix to
prevent the release of fibers, as the |
16 | | encapsulant creates a membrane over
the surfaces (bridging |
17 | | encapsulant or penetrates the material and binds its
components |
18 | | together (penetrating encapsulant).
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19 | | (m) "Agency" means the Illinois Environmental Protection |
20 | | Agency. "Department" means the Department of Public Health.
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21 | | (n) "Director" means the Director of the Illinois |
22 | | Environmental Protection Agency Public Health .
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23 | | (o) "School personnel" means any employee of a school.
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24 | | (p) "Student" means any student enrolled in a school.
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25 | | (q) "School Building" means:
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26 | | (1) Any structure suitable for use as a classroom, |
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1 | | including a school
facility such as a laboratory, library, |
2 | | school eating facility, or facility
used for the |
3 | | preparation of food.
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4 | | (2) Any gymnasium or other facility
which is specially |
5 | | designed for athletic or recreational activities for an
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6 | | academic course in physical education.
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7 | | (3) Any other facility used for the
instruction or |
8 | | housing of students or for the administration of |
9 | | educational
or research programs.
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10 | | (4) Any maintenance, storage, or utility facility,
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11 | | including any hallway essential to the operation of any |
12 | | facility described
in this definition of "school building" |
13 | | under items (1), (2), or (3).
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14 | | (5) Any portico or covered exterior hallway or walkway.
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15 | | (6) Any exterior
portion of a mechanical system used to |
16 | | condition interior space.
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17 | | (r) "Asbestos worker" means an individual who cleans, |
18 | | removes,
encapsulates, encloses, hauls or disposes of friable |
19 | | asbestos material in
schools as defined in this Act.
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20 | | (s) "Nonfriable" means material in a school building which, |
21 | | when dry,
may not be crumbled, pulverized, or reduced to powder |
22 | | by hand pressure.
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23 | | (t) "Management plan" means a plan developed for a local |
24 | | educational
agency for the management of asbestos in its school |
25 | | buildings pursuant to
the federal Asbestos Hazard Emergency |
26 | | Response Act of 1986 and the
regulations promulgated |
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1 | | thereunder.
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2 | | (u) "Management planner" means an individual licensed by |
3 | | the
Agency Department to prepare management plans.
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4 | | (v) "Project designer" means an individual licensed by the
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5 | | Agency Department to design response actions for school |
6 | | buildings.
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7 | | (w) "Asbestos inspector" means an individual licensed by |
8 | | the
Agency Department to perform inspections of schools for the |
9 | | presence of
asbestos containing materials.
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10 | | (Source: P.A. 86-416; 86-1475.)
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11 | | (105 ILCS 105/4) (from Ch. 122, par. 1404)
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12 | | Sec. 4. Response action. Schools shall undertake and |
13 | | complete such
response action as may be required by the federal |
14 | | Asbestos Hazard Emergency
Response Act of 1986, the regulations |
15 | | promulgated thereunder, and the rules
promulgated by the Agency |
16 | | Department pursuant to the Asbestos Abatement Act.
Response |
17 | | actions shall be undertaken and completed within the timeframe
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18 | | required by the federal Asbestos Hazard Emergency Response Act |
19 | | of 1986 and
the regulations promulgated thereunder.
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20 | | (Source: P.A. 86-416.)
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21 | | (105 ILCS 105/6) (from Ch. 122, par. 1406)
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22 | | Sec. 6. Powers and duties of the Agency Department .
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23 | | (a) The Agency Department is empowered to promulgate any |
24 | | rules necessary to
ensure proper implementation and |
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1 | | administration of this Act and of the
federal Asbestos Hazard |
2 | | Emergency Response Act of 1986, and the regulations
promulgated |
3 | | thereunder.
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4 | | (b) Rules promulgated by the Agency Department shall |
5 | | include, but not be limited
to:
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6 | | (1) all rules necessary to achieve compliance with the |
7 | | federal Asbestos
Hazard Emergency Response Act of 1986 and |
8 | | the regulations promulgated
thereunder;
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9 | | (2) rules providing for the training and licensing of |
10 | | persons and
firms to perform asbestos inspection and air |
11 | | sampling; to perform abatement
work; and to serve as |
12 | | asbestos abatement contractors, management, planners,
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13 | | project designers, project supervisors, project managers |
14 | | and asbestos
workers for public and private secondary and |
15 | | elementary
schools; and any necessary rules relating to the |
16 | | correct and safe
performance of those tasks; and
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17 | | (3) rules for the development and submission of |
18 | | asbestos management
plans by local educational agencies, |
19 | | and for review and approval of such
plans by the Agency |
20 | | Department .
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21 | | (c) In carrying out its responsibilities under this Act, |
22 | | the Agency Department
shall:
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23 | | (1) publish a list of persons and firms licensed |
24 | | pursuant to this Act,
except that the Agency Department |
25 | | shall not be required to publish a list of
licensed |
26 | | asbestos workers;
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1 | | (2) require each local educational agency to maintain |
2 | | records of
asbestos-related activities, which shall be |
3 | | made available to the
Agency Department upon request; and
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4 | | (3) adopt rules for the collection of fees for
training |
5 | | course approval; and for licensing of
inspectors, |
6 | | management planners, project designers, contractors,
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7 | | supervisors, air sampling professionals, project managers |
8 | | and workers.
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9 | | (Source: P.A. 96-537, eff. 8-14-09; 96-1000, eff. 7-2-10.)
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10 | | (105 ILCS 105/6a) (from Ch. 122, par. 1406a)
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11 | | Sec. 6a.
The provisions of the Illinois Administrative |
12 | | Procedure Act are
hereby expressly adopted and shall apply to |
13 | | all administrative rules and
procedures of the Agency |
14 | | Department of Public Health under this Act, except that in
case |
15 | | of conflict between the Illinois Administrative Procedure Act |
16 | | and this Act
the provisions of this Act shall control, and |
17 | | except that Section 5-35 of the
Illinois Administrative |
18 | | Procedure Act relating to procedures for rule-making
does not |
19 | | apply to the adoption of any rule required by federal law in
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20 | | connection with which the Agency Department is precluded by law |
21 | | from exercising any
discretion.
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22 | | (Source: P.A. 88-45.)
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23 | | (105 ILCS 105/6b) (from Ch. 122, par. 1406b)
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24 | | Sec. 6b.
All final administrative decisions of the Agency |
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1 | | Department
hereunder shall be subject to judicial review |
2 | | pursuant to the provisions of
the "Administrative Review Law", |
3 | | as amended, and the rules adopted pursuant
thereto. The term |
4 | | "Administrative Decision" is defined as in Section 3-101
of the |
5 | | Code of Civil Procedure.
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6 | | (Source: P.A. 84-951.)
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7 | | (105 ILCS 105/6c) (from Ch. 122, par. 1406c)
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8 | | Sec. 6c.
The Director after notice and opportunity for |
9 | | hearing to the
contractor, applicant or license holder may |
10 | | deny, suspend, or revoke a license
or expunge such person from |
11 | | the state list in any case in which he or she
finds that there |
12 | | has been a substantial failure to comply with the
provisions of |
13 | | this Act or the standards, rules and regulations established
by |
14 | | virtue thereof.
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15 | | Such notice shall be provided by certified mail or by |
16 | | personal service
setting forth the particular reasons for the |
17 | | proposed action and fixing a
date, not less than 15 days from |
18 | | the date of such mailing or service, at
which time the |
19 | | applicant, contractor, or license holder shall be given an
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20 | | opportunity to request hearing.
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21 | | The hearing shall be conducted by the Director or by an |
22 | | individual
designated in writing by the Director as Hearing |
23 | | Officer to conduct the
hearing. On the basis of any such |
24 | | hearing, or upon default of the
contractor, applicant or |
25 | | license holder, the Director shall make a
determination |
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1 | | specifying his or her findings and conclusions. A copy of
such |
2 | | determination shall be sent by certified mail or served |
3 | | personally
upon the applicant, contractor or license holder.
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4 | | The procedure governing hearings authorized by this |
5 | | Section shall be in
accordance with rules promulgated by the |
6 | | Agency Department . A full and complete
record shall be kept of |
7 | | all proceedings, including the notice of hearing,
complaint, |
8 | | and all other documents in the nature of pleadings, written
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9 | | motions filed in the proceedings, and the report and orders of |
10 | | the Director
and Hearing Officer. All testimony shall be |
11 | | reported but need not be
transcribed unless the decision is |
12 | | sought to be reviewed pursuant to the
"Administrative Review |
13 | | Law". A copy or copies of the transcript may be
obtained by any |
14 | | interested party on payment of the cost of preparing such
copy |
15 | | or copies. The Director or Hearing Officer, shall upon his or |
16 | | her own
motion, or on the written request of any party to the |
17 | | proceeding, issue
subpoenas requiring the attendance and the |
18 | | giving of testimony by
witnesses, and subpoenas duces tecum |
19 | | requiring the production of books,
papers, records or |
20 | | memoranda. All subpoenas and subpoenas duces tecum
issued under |
21 | | the terms of this Act may be served by any person of legal
age. |
22 | | The fees of witnesses for attendance and travel shall be the |
23 | | same as
the fees of witnesses before the Circuit Court of this |
24 | | State, such fees to
be paid when the witness is excused from |
25 | | further attendance. When the
witness is subpoenaed at the |
26 | | instance of the Director or Hearing Officer,
such fees shall be |
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1 | | paid in the same manner as other expenses of the
Agency |
2 | | Department , and when the witness is subpoenaed at the instance |
3 | | of any other
party to any such proceeding the Agency Department |
4 | | may require that the cost of
service of the subpoena or |
5 | | subpoena duces tecum and the fee of the witness
be borne by the |
6 | | party at whose instance the witness is summoned. In such
case, |
7 | | the Agency Department in its discretion may require a deposit |
8 | | to cover the
cost of such service and witness fees. A subpoena |
9 | | or subpoena duces tecum
so issued as above stated shall be |
10 | | served in the same manner as a subpoena
issued by a circuit |
11 | | court.
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12 | | Any circuit court of this State, upon the application of |
13 | | the Director, or
upon the application of any other party to the |
14 | | proceeding, may, in its
discretion, compel the attendance of |
15 | | witnesses, the production of books,
papers, records or |
16 | | memoranda and the giving of testimony before the
Director or |
17 | | Hearing Officer conducting an investigation or holding a
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18 | | hearing authorized by this Act, by an attachment for contempt |
19 | | or otherwise,
in the same manner as production of evidence may |
20 | | be compelled before the court.
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21 | | The Director or Hearing Officer, or any party in an |
22 | | investigation or
hearing before the Agency Department , may |
23 | | cause the depositions of witnesses
within the State to be taken |
24 | | in the manner prescribed by law for like
depositions in civil |
25 | | actions in courts of this State, and to that end
compel the |
26 | | attendance of witnesses and the production of books, papers,
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1 | | records, or memoranda.
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2 | | (Source: P.A. 84-951.)
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3 | | (105 ILCS 105/9) (from Ch. 122, par. 1409)
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4 | | Sec. 9. State Funding. Funding sources for State funding |
5 | | with respect
to costs of corrective action shall include |
6 | | appropriations from the General
Revenue Fund, proceeds from |
7 | | litigation against manufacturers,
distributors and contractors |
8 | | of asbestos products, funds provided under the
provisions of |
9 | | the federal Asbestos School Hazard Abatement Act of 1984, or |
10 | | any
combination thereof. The Agency Department shall request |
11 | | appropriations from any
of these funds based on its review of |
12 | | school funding needs and
include such in its annual budget |
13 | | request.
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14 | | (Source: P.A. 84-951.)
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15 | | (105 ILCS 105/9a) (from Ch. 122, par. 1409a)
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16 | | Sec. 9a. Reimbursement for corrective action. The Agency |
17 | | Department shall, from funds
appropriated for this
purpose, |
18 | | reimburse schools which have undertaken corrective action. |
19 | | Such
schools, upon completion of an inspection by the
Agency |
20 | | Department , shall be eligible for reimbursement only for those |
21 | | projects
found to have been conducted in accordance with the |
22 | | provisions of this Act
and the rules promulgated thereunder. |
23 | | Schools shall apply for such
reimbursement to the Agency |
24 | | Department on forms designed and provided by the Agency |
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1 | | Department .
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2 | | The amount of reimbursement for which a public school |
3 | | district is
eligible shall be calculated by the Agency |
4 | | Department based upon a Grant Index
developed by the State |
5 | | Board of Education. This Grant Index shall be based
upon the |
6 | | equalized assessed valuation of the school district and other
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7 | | measures of relative wealth to determine the percentage of the |
8 | | total cost
of corrective action for which reimbursement shall |
9 | | be authorized. The
Grant Index for any school district is equal |
10 | | to one minus the ratio of the
district's equalized assessed |
11 | | valuation per pupil in weighted daily average
attendance to the |
12 | | equalized assessed valuation per pupil in weighted
average |
13 | | daily attendance of the district located at the ninetieth
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14 | | percentile for all districts of the same type. The Grant Index |
15 | | for any
school district shall be not less than .50 and no |
16 | | greater than 1.00. The
product of the district's Grant Index |
17 | | and the project cost, as determined by
the Agency Department |
18 | | for approved corrective action, equals the total amount that
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19 | | shall be reimbursed to the school according to the provisions |
20 | | of this
Section. All non-public schools shall be eligible for |
21 | | reimbursement in an
amount equal to 50% of the cost of |
22 | | corrective action.
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23 | | Out of funds appropriated for such purpose, 20% of the |
24 | | amount of
reimbursement to which any school is determined |
25 | | entitled shall be paid in
each of 5 successive fiscal years. |
26 | | The Agency Department shall request an annual
appropriation in |
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1 | | an amount sufficient to cover all expected reimbursements
to be |
2 | | paid out in that fiscal year.
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3 | | For purposes of reimbursement under this Section, |
4 | | corrective action means
removal, encapsulation or enclosure.
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5 | | Schools reimbursed pursuant to this Section for corrective |
6 | | action
shall not be eligible for grants under
Section 9b with |
7 | | respect to the corrective action for which they are so
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8 | | reimbursed.
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9 | | (Source: P.A. 84-1245.)
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10 | | (105 ILCS 105/9b) (from Ch. 122, par. 1409b)
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11 | | Sec. 9b.
Grants for asbestos abatement work undertaken on |
12 | | or after
January 1, 1986. Schools which undertake corrective |
13 | | action on or after
January 1, 1986 shall be eligible for grants |
14 | | for asbestos abatement
activities conducted in accordance with |
15 | | this Act and the rules promulgated
thereunder. Funds shall be |
16 | | provided only to those schools which have been
inspected |
17 | | pursuant to this Act. Schools which desire abatement grants
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18 | | shall apply to the Agency Department for such grants on forms |
19 | | designed and
provided by the Agency Department . The Agency |
20 | | Department shall evaluate applications to
establish priorities |
21 | | for funding recognizing the degree of health hazard
present and |
22 | | shall categorize school needs using a numerical ranking.
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23 | | In conjunction with the State Board of Education, the |
24 | | Agency Department shall
calculate the amount of grant for which |
25 | | a public school district is
eligible, based upon a Grant Index |
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1 | | developed by the State Board of
Education. The Grant Index |
2 | | shall be based upon the equalized assessed
valuation of the |
3 | | school district and other measures of relative wealth to
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4 | | determine the percentage of the total cost of corrective action |
5 | | for which
grants shall be authorized. The Grant Index for any |
6 | | school district is
equal to one minus the ratio of the |
7 | | district's equalized assessed valuation
per pupil in weighted |
8 | | daily average attendance to the equalized assessed
valuation |
9 | | per pupil in weighted average daily attendance of the district
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10 | | located at the ninetieth percentile for all districts of the |
11 | | same type.
The Grant Index for any school district shall be not |
12 | | less than .50 and no
greater than 1.00. The product of the |
13 | | district's Grant Index and the
project cost, as determined by |
14 | | the Agency Department for approved corrective
action, equals |
15 | | the amount that shall be expended on behalf of the school.
All |
16 | | non-public schools shall be eligible for grants in an amount |
17 | | equal to
50% of the cost of corrective action.
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18 | | In conjunction with the Capital Development Board, the |
19 | | Agency Department shall
issue grants to schools for corrective |
20 | | action. The Capital Development
Board shall, in conjunction |
21 | | with the schools, contract with a contractor
whose name appears |
22 | | on the Agency's Department's list of approved contractors for |
23 | | the
corrective action determined necessary according to |
24 | | provisions of this Act
and the rules promulgated thereunder. |
25 | | All such contractors shall be
prequalified as may be required |
26 | | by The Illinois Purchasing Act. All
contracts entered into by |
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1 | | the
schools and the Capital Development Board shall include a |
2 | | provision that
all work to be conducted under that contract |
3 | | shall be undertaken in
accordance with this Act and the rules |
4 | | promulgated thereunder. The Capital
Development Board shall |
5 | | exercise general supervision over corrective action
financed |
6 | | pursuant to the provisions of this Act and the rules |
7 | | promulgated
thereunder in schools. The Capital Development |
8 | | Board shall request an
annual appropriation in an amount |
9 | | sufficient to cover all expected grants
to be awarded in that |
10 | | year.
For purposes of reimbursement under this Section, |
11 | | corrective action means
removal, encapsulation or enclosure.
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12 | | A school district may levy a tax in accordance with Section |
13 | | 17-2.11 of
"The School Code" in order to provide local funding |
14 | | for corrective action
ordered under this Act. A school may use |
15 | | federal loans or grants to
finance the cost of corrective |
16 | | action, but no State funding shall be used
to repay any federal |
17 | | loan received by a school for asbestos abatement projects.
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18 | | (Source: P.A. 84-1096.)
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19 | | (105 ILCS 105/10) (from Ch. 122, par. 1410)
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20 | | Sec. 10. Asbestos Abatement Contractors. The Agency |
21 | | Department shall prepare a
list in cooperation with appropriate |
22 | | State and federal agencies on an
annual basis of asbestos |
23 | | abatement contractors familiar with and capable of
complying |
24 | | with all applicable federal and State standards for asbestos
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25 | | containment and removal. Additional asbestos abatement |
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1 | | contractors wishing
to be placed on this list shall notify the |
2 | | Agency Department . The Agency Department
shall evaluate this |
3 | | request based on the training and experience of such a
|
4 | | potential asbestos abatement contractor and render a decision. |
5 | | If the
Agency Department denies the request, such contractor |
6 | | may appeal such a decision
pursuant to the provisions of the |
7 | | "Administrative Review Law". Such list
shall be made available |
8 | | to all school districts. In contracting for
response action |
9 | | services, schools shall select an asbestos abatement
|
10 | | contractor from the Agency's Department's list.
|
11 | | (Source: P.A. 86-416.)
|
12 | | (105 ILCS 105/10a) (from Ch. 122, par. 1410a)
|
13 | | Sec. 10a. Licensing. No inspector, management
planner, |
14 | | project designer, project manager, air sampling professional,
|
15 | | asbestos abatement contractor, worker or project supervisor |
16 | | may be employed
as a response action contractor unless that |
17 | | individual or entity is
licensed by the Agency Department . |
18 | | Those individuals and entities wishing to be
licensed shall |
19 | | make application on forms prescribed and furnished by the
|
20 | | Agency Department . A license shall expire annually according to |
21 | | a schedule
determined by the Agency Department . Applications |
22 | | for renewal of licenses shall
be filed with the Agency |
23 | | Department at least 30 days before the expiration date.
When a |
24 | | licensure examination is required, the application for |
25 | | licensure
shall be submitted to the Department at least 30 days |
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1 | | prior to the date of
the scheduled examination. The Agency |
2 | | Department shall evaluate each application
based on its minimum |
3 | | standards for licensure, promulgated as rules, and
render a |
4 | | decision. Such standards may include a requirement for the
|
5 | | successful completion of a course of training approved by the |
6 | | Agency Department .
If the Agency Department denies the |
7 | | application, the applicant may appeal such
decision pursuant to |
8 | | the provisions of the "Administrative Review Law".
|
9 | | (Source: P.A. 86-416.)
|
10 | | (105 ILCS 105/10b) (from Ch. 122, par. 1410b)
|
11 | | Sec. 10b. Certified Industrial Hygienists. For purposes of |
12 | | this Act
and the rules promulgated thereunder, the
Agency |
13 | | Department shall use the list of certified industrial |
14 | | hygienists as
prepared by the American Board of Industrial |
15 | | Hygiene.
|
16 | | (Source: P.A. 86-981.)
|
17 | | (105 ILCS 105/11) (from Ch. 122, par. 1411)
|
18 | | Sec. 11. Recordkeeping. Each school district shall:
|
19 | | (a) Keep a record of each asbestos abatement project that |
20 | | is performed in schools; and
|
21 | | (b) Make that record available to the Agency Department at |
22 | | any reasonable time.
|
23 | | (Source: P.A. 83-1325.)
|
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1 | | (105 ILCS 105/12a) (from Ch. 122, par. 1412a)
|
2 | | Sec. 12a. Emergency stop work orders. Whenever the Agency |
3 | | Department finds that
an emergency exists which requires |
4 | | immediate action to protect the public
health, it may, without |
5 | | notice or hearing, issue an order reciting the
existence of |
6 | | such an emergency and then require that such action be taken
as |
7 | | it may deem necessary to meet the emergency, including but not |
8 | | limited
to the issuance of a stop work order and the immediate |
9 | | removal of a contractor
or contractors from the list provided |
10 | | for in Section 10. Notwithstanding
any other provision in this |
11 | | Act, such order shall be effective immediately.
The State's |
12 | | Attorney and Sheriff of the county in which the school is
|
13 | | located shall enforce the order after receiving notice thereof. |
14 | | Any
contractor affected by such an order is entitled, upon |
15 | | request, to a hearing
as provided for in rules and regulations |
16 | | promulgated pursuant to this Act.
When such conditions are |
17 | | abated, in the opinion of the Agency Department , the
Agency |
18 | | Department may authorize the reinstitution of the activities |
19 | | and inclusion
on the list of contractors of those activities |
20 | | and contractors which were the
subject of a stop work order.
|
21 | | (Source: P.A. 84-951.)
|
22 | | (105 ILCS 105/12b) (from Ch. 122, par. 1412b)
|
23 | | Sec. 12b. Civil Penalties. The Agency Department is |
24 | | empowered to assess
civil penalties against a contractor |
25 | | inspector, management planner,
project designer, supervisor, |
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1 | | worker, project manager, or air sampling
professional for |
2 | | violations of this Act and the rules promulgated
thereunder, |
3 | | pursuant to rules for such penalties established by the Agency
|
4 | | Department .
|
5 | | (Source: P.A. 86-416.)
|
6 | | (105 ILCS 105/12c) (from Ch. 122, par. 1412c)
|
7 | | Sec. 12c.
Under emergency conditions, an employee of a |
8 | | school district
may clean or dispose of less than 3 linear feet |
9 | | or 3 square feet of friable
or non-friable asbestos containing |
10 | | material in schools without meeting the
definition of an |
11 | | "asbestos worker" as defined in this Act, provided the
employee |
12 | | has completed the maximum asbestos awareness program provided |
13 | | for
in federal law or rules. "Emergency conditions" for the |
14 | | purpose of this
Section shall mean:
|
15 | | 1) the facility is without heat, water, gas, or electric; |
16 | | or
|
17 | | 2) the facility is unable to keep outside elements such as |
18 | | water from
entering the interior of the structure; or
|
19 | | 3) the dislodging or falling of less than 3 linear feet or |
20 | | 3 square feet
of asbestos containing materials.
|
21 | | The Agency Department may further define, by rule, what
|
22 | | circumstances constitute an "emergency condition" under this |
23 | | Section. The
Agency Department may also set forth, by rule, the |
24 | | training or
awareness program a school employee must meet as a |
25 | | prerequisite to
conducting of asbestos clean-up or disposal |
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1 | | pursuant to this Section.
|
2 | | (Source: P.A. 86-647.)
|
3 | | (105 ILCS 105/13) (from Ch. 122, par. 1413)
|
4 | | Sec. 13. Federal funding. To the extent that federal funds |
5 | | become
available for the removal of asbestos from schools and |
6 | | subject to any
limitations which may be imposed, such federal |
7 | | funds shall be used in lieu
of State financing of corrective |
8 | | actions and for any administrative costs
incurred by the Agency |
9 | | Department in the administration of this Act.
|
10 | | (Source: P.A. 83-1325.)
|
11 | | (105 ILCS 105/15a) (from Ch. 122, par. 1415a)
|
12 | | Sec. 15a. Contractor's Certificates of Financial |
13 | | Responsibility. Each
contractor wishing to be placed on the |
14 | | Agency's Department's approved list of
contractors shall |
15 | | submit to the Agency Department a certificate documenting that |
16 | | the
contractor carries liability insurance, self insurance, |
17 | | group insurance,
group self insurance, a letter of credit or |
18 | | bond in an amount of at least
$500,000 for work
performed |
19 | | pursuant to the Asbestos Abatement Act and the rules |
20 | | promulgated
thereunder. No contractor may be placed on the |
21 | | approved list in the absence
of such a certificate. All |
22 | | contractors presently on the approved list shall
submit said |
23 | | certificate within 90 days of the effective date of this
|
24 | | amendatory Act of 1985, or the Department shall remove their |
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1 | | names
from the approved list.
|
2 | | Each contractor shall maintain on file with the Agency |
3 | | Department a current
certificate of financial responsibility |
4 | | throughout the entire length of time the
contractor's name |
5 | | appears on the Agency's Department's list of approved |
6 | | contractors.
A contractor shall notify the Agency Department of |
7 | | any change in the status of a
certificate which has been filed |
8 | | including expiration, renewal, or
alteration of the terms of |
9 | | the certificate.
|
10 | | (Source: P.A. 84-1096.)
|
11 | | (105 ILCS 105/16) (from Ch. 122, par. 1416)
|
12 | | Sec. 16. Illinois School Asbestos Abatement Fund. All fees |
13 | | and
penalties collected by the Agency Department pursuant to |
14 | | this Act shall be
deposited into the Illinois School Asbestos |
15 | | Abatement Fund which is
hereby created in the State Treasury. |
16 | | Subject to appropriation, all monies
deposited in the Illinois |
17 | | School Asbestos Abatement Fund under this
Act shall be |
18 | | available to the Agency Department for its administration of |
19 | | this Act and
of the federal Asbestos Hazard Emergency Response |
20 | | Act of 1986. Subject to
appropriation, all moneys deposited in |
21 | | the Illinois School Asbestos Abatement
Fund shall be available |
22 | | to the Agency Department of Public Health for administration
of |
23 | | the Asbestos Abatement Act and the Commercial and Public |
24 | | Building Asbestos
Abatement Act.
|
25 | | (Source: P.A. 89-143, eff. 7-14-95.)
|
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1 | | Section 10. The Commercial and Public Building Asbestos |
2 | | Abatement Act is amended by changing Sections 15, 20, 30, 35, |
3 | | 45, 55, 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 |
7 | | Agency. |
8 | | "Asbestos abatement contractor" means any entity that
|
9 | | provides removal, enclosure, encapsulation, or disposal of |
10 | | asbestos
containing materials.
|
11 | | "Asbestos containing building materials" or "ACBM" means
|
12 | | surfacing asbestos containing materials or ACM, thermal system
|
13 | | insulation ACM, or miscellaneous ACM that is found in or on |
14 | | interior
structural members or other parts of a building.
|
15 | | "Asbestos" means the asbestiform varieties of chrysotile,
|
16 | | amosite, crocidolite, tremolite, anthrophyllite, and |
17 | | actinolite.
|
18 | | "Asbestos inspector" means an individual who performs |
19 | | inspections of
commercial and public buildings for the presence |
20 | | of asbestos containing
materials.
|
21 | | "Asbestos materials" means any material or product that |
22 | | contains more than 1%
asbestos.
|
23 | | "Asbestos consultant" means a person offering expert or |
24 | | professional advice
as
an asbestos professional or designated |
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1 | | person.
|
2 | | "Asbestos professional" means an individual who is |
3 | | licensed by the Agency Department
to
perform the duties of an |
4 | | inspector, management planner, project
designer, project |
5 | | supervisor, project manager, or air sampling professional, as |
6 | | applicable, except project supervisors under the direct employ |
7 | | of a licensed asbestos abatement contractor.
|
8 | | "Asbestos supervisor" means an asbestos abatement |
9 | | contractor, foreman, or
person designated as the asbestos |
10 | | abatement contractor's representative who is
responsible for |
11 | | the onsite supervision of the removal, encapsulation, or
|
12 | | enclosure of friable or nonfriable asbestos-containing |
13 | | materials in a
commercial or public building.
|
14 | | "Asbestos worker" means an individual who cleans, removes, |
15 | | encapsulates,
encloses, hauls, or disposes of friable asbestos |
16 | | material.
|
17 | | "Building/facility owner" is the legal entity, including a
|
18 | | lessee, that exercises control over management and record |
19 | | keeping
functions relating to a building or facility in which |
20 | | activities
covered by this standard take place.
|
21 | | "Commercial or public building" means
the interior space of |
22 | | any building, except that the term does not include any
|
23 | | residential apartment building of fewer than 10 units or |
24 | | detached single family
homes. The term includes, but is not |
25 | | limited to: industrial and office
buildings, residential |
26 | | apartment buildings and condominiums of 10 or more
dwelling |
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1 | | units, government-owned buildings, colleges, museums, |
2 | | airports,
hospitals, churches, schools, preschools, stores, |
3 | | warehouses, and factories.
Interior space includes exterior |
4 | | hallways connecting buildings, porticos, and
mechanical |
5 | | systems used to condition interior space.
|
6 | | "Department" means the Department of Public Health.
|
7 | | "Designated person" means a person designated by the local |
8 | | education
agency, as
defined by the Asbestos Abatement Act, to |
9 | | ensure that the management plan has
been properly implemented.
|
10 | | "Director" means the Director of the Illinois |
11 | | Environmental Protection Agency Public Health .
|
12 | | "Encapsulation" means the treatment of ACBM with a
material |
13 | | that surrounds or embeds asbestos fibers in an adhesive
matrix |
14 | | that prevents the release of fibers as the encapsulant creates
|
15 | | a membrane over the surfaces (bridging encapsulant) or |
16 | | penetrates
the material and binds its components together |
17 | | (penetrating
encapsulant).
|
18 | | "Enclosure" means the construction of airtight walls and
|
19 | | ceilings between the asbestos containing material and the |
20 | | building
environment, or around surfaces coated with asbestos |
21 | | containing materials, or
any other appropriate scientific |
22 | | procedure as determined by the Agency
Department that prevents |
23 | | the release of asbestos.
|
24 | | "Friable", when referring to material in a commercial or |
25 | | public building,
means that the material, when dry, may be |
26 | | crumbled, pulverized, or
reduced to powder by hand pressure and |
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1 | | includes previously
nonfriable materials after such previously |
2 | | nonfriable material
becomes damaged to the extent that, when |
3 | | dry, it may be crumbled,
pulverized, or reduced to powder by |
4 | | hand pressure.
|
5 | | "Inspection" means an activity undertaken in a public or |
6 | | commercial building
to determine the presence or location, or |
7 | | to assess the condition of, friable
or nonfriable asbestos |
8 | | containing building material (ACBM) or suspected ACBM,
whether |
9 | | by visual or physical examination, or by collecting samples of |
10 | | such
material.
|
11 | | "Nonfriable" means material in a commercial or public
|
12 | | building which, when dry, may not be crumbled, pulverized, or
|
13 | | reduced to powder by hand pressure.
|
14 | | "Person" means any individual, group of individuals,
|
15 | | association, trust, partnership, corporation, person doing |
16 | | business
under an assumed name, or any other
entity.
|
17 | | "Project designer" means an individual who
designs |
18 | | response actions for commercial or public
buildings.
|
19 | | "Response action" means a method, including removal,
|
20 | | encapsulation, enclosure, repair, operations and maintenance, |
21 | | that
protects human health and the environment from friable |
22 | | ACBM.
|
23 | | "Response action contractor" means any entity that
engages |
24 | | in response action services.
|
25 | | "Response action services" means the service of designing |
26 | | and conducting
removal, encapsulation, enclosure, repair, or |
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1 | | operations and maintenance of
friable asbestos containing |
2 | | building materials, inspection of public or
commercial |
3 | | buildings, and inspection of asbestos containing materials.
|
4 | | The term does not include the design or conducting of response |
5 | | actions that
involve removal or possible disturbance of an |
6 | | amount of asbestos containing
building material comprising |
7 | | less than 3 square feet or less than 3 lineal feet of other |
8 | | friable asbestos
containing building material.
|
9 | | (Source: P.A. 93-894, eff. 8-10-04.)
|
10 | | (225 ILCS 207/20)
|
11 | | Sec. 20. Powers and Duties of the Agency Department .
|
12 | | (a) The Agency Department is empowered to promulgate any |
13 | | rules
necessary to ensure proper implementation and |
14 | | administration of
this Act, and compliance with the federal |
15 | | Asbestos School Hazard Abatement
Reauthorization Act of 1990.
|
16 | | (b) Rules promulgated by the Agency Department shall |
17 | | include, but not be limited
to, rules relating to the correct |
18 | | and safe performance of response action
services, rules for the |
19 | | assessment of civil penalties for violations of this
Act or |
20 | | rules promulgated under it, and
rules providing for the |
21 | | training and licensing of persons
and firms (i) to perform |
22 | | asbestos inspection, (ii) to perform abatement
work, and (iii) |
23 | | to serve as asbestos abatement contractors, response action
|
24 | | contractors, and asbestos workers. The Agency Department is |
25 | | empowered to inspect
activities regulated by this Act to ensure |
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1 | | compliance.
|
2 | | (c) In carrying out its responsibilities under this Act, |
3 | | the
Agency Department shall:
|
4 | | (1) Publish a list of response action contractors |
5 | | licensed under
this Act, except that the Agency Department |
6 | | shall not be required to
publish a list of licensed |
7 | | asbestos workers; and
|
8 | | (2) Adopt rules for the collection of fees for training |
9 | | course
approval and for the licensing of inspectors, |
10 | | project designers,
contractors, supervisors, and workers.
|
11 | | (d) The provisions of the Illinois Administrative |
12 | | Procedure
Act are hereby expressly adopted
and shall apply to |
13 | | all administrative rules and procedures of the Agency
|
14 | | Department of Public Health under this Act, except that in case |
15 | | of
conflict between the Illinois Administrative Procedure Act |
16 | | and
this Act the provisions of this Act shall control, and |
17 | | except that
Section 5-35 of the Illinois Administrative |
18 | | Procedure Act relating to
procedures for rulemaking does not |
19 | | apply to the adoption of any
rule required by federal law in |
20 | | connection with which the Agency
Department is precluded by law |
21 | | from exercising any discretion.
|
22 | | (e) All final administrative decisions of the Agency |
23 | | Department
under this Act shall be subject to judicial review |
24 | | pursuant to the
provisions of the Administrative Review Law and |
25 | | the
rules adopted under it. The term "administrative decision"
|
26 | | has the meaning ascribed to it in Section 3-101 of the Code of |
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1 | | Civil Procedure.
|
2 | | (f) The Director, after notice and opportunity for hearing |
3 | | to
the applicant or license holder, may deny, suspend, or |
4 | | revoke a
license or expunge such person from the State list in |
5 | | any case in
which he or she finds that there has been a |
6 | | substantial failure to
comply with the provisions of this Act |
7 | | or the standards or rules
established under it.
Notice shall be |
8 | | provided by certified mail, return receipt requested, or by
|
9 | | personal
service setting forth the particular response for the |
10 | | proposed action
and fixing a date, not less than 15 days from |
11 | | the date of such
mailing or service, at which time the |
12 | | applicant, asbestos abatement contractor,
or license holder |
13 | | shall be given an opportunity to request hearing.
|
14 | | The hearing shall be conducted by the Director or by an
|
15 | | individual designated in writing by the Director as Hearing |
16 | | Officer
to conduct the hearing. On the basis of any such |
17 | | hearing, or upon
default of the asbestos abatement contractor, |
18 | | applicant or license holder, the
Director shall make a |
19 | | determination specifying his or her findings and
conclusions. A |
20 | | copy of the determination shall be sent by
certified mail, |
21 | | return receipt requested, or served personally upon the
|
22 | | applicant, contractor, or
license holder.
|
23 | | The procedure governing hearings authorized by this |
24 | | Section
shall be in accordance with rules promulgated by the |
25 | | Agency Department .
A full and complete record shall be kept of |
26 | | all proceedings,
including the notice of hearing, complaint, |
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1 | | and all other documents
in the nature of pleadings, written |
2 | | motions filed in the proceedings,
and the report and orders of |
3 | | the Director and Hearing Officer. All
testimony shall be |
4 | | reported but need not be transcribed unless the
decision is |
5 | | sought to be reviewed under the Administrative
Review Law. A |
6 | | copy or copies of the transcript may be obtained
by any |
7 | | interested party on payment of the cost of preparing the
copy |
8 | | or copies. The Director or Hearing Officer shall, upon his or
|
9 | | her own motion or on the written request of any party to the
|
10 | | proceeding, issue subpoenas requiring the attendance and the |
11 | | giving
of testimony by witnesses, and subpoenas duces tecum |
12 | | requiring the
production of books, papers, records, or |
13 | | memoranda. All subpoenas
and subpoenas duces tecum issued under |
14 | | this Act may
be served by any person of legal age. The fees of |
15 | | witnesses for
attendance and travel shall be the same as the |
16 | | fees of witnesses
before the courts of this State, such fees to |
17 | | be paid when
the witness is excused from further attendance. |
18 | | When the witness
is subpoenaed at the instance of the Director |
19 | | or Hearing Officer,
such fees shall be paid in the same manner |
20 | | as other expenses of
the Agency Department , and when the |
21 | | witness is subpoenaed at the
instance of any other party to any |
22 | | such proceeding the Agency Department
may require that the cost |
23 | | of service of the subpoena or subpoena
duces tecum and the fee |
24 | | of the witness be borne by the party at
whose instance the |
25 | | witness is summoned. In such case, the Agency
Department in its |
26 | | discretion may require a deposit to cover the cost
of such |
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1 | | service and witness fees. A subpoena or subpoena duces
tecum so |
2 | | issued as above stated shall be served in the same
manner as a |
3 | | subpoena issued by a circuit court.
|
4 | | Any circuit court of this State, upon the application of |
5 | | the
Director, or upon the application of any other party to the
|
6 | | proceeding, may, in its discretion, compel the attendance of
|
7 | | witnesses, the production of books, papers, records, or |
8 | | memoranda
and the giving of testimony before the Director or |
9 | | Hearing Officer
conducting an investigation or holding a |
10 | | hearing authorized by this
Act, by an attachment for contempt |
11 | | or otherwise, in the same
manner as production of evidence may |
12 | | be compelled before the
court.
|
13 | | The Director or Hearing Officer, or any party in an
|
14 | | investigation or hearing before the Agency Department , may |
15 | | cause the
depositions of witnesses within this State to be |
16 | | taken in the manner
prescribed by law for like depositions in |
17 | | civil actions in courts of
this State, and, to that end, compel |
18 | | the attendance of witnesses and
the production of books, |
19 | | papers, records, or memoranda.
|
20 | | (Source: P.A. 89-143, eff. 7-14-95.)
|
21 | | (225 ILCS 207/30)
|
22 | | Sec. 30. Response action contractors. The Agency |
23 | | Department
annually shall prepare a list of response action
|
24 | | contractors familiar with and capable of complying with all
|
25 | | applicable federal and State standards for asbestos |
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1 | | containment and
removal. Additional response action |
2 | | contractors that wish to be
placed on this list shall apply to |
3 | | the Agency Department . The Agency Department
shall evaluate |
4 | | this request based on the training, experience, and background
|
5 | | of the response action contractors and render a
decision. If |
6 | | the Agency Department denies a request, the response action |
7 | | contractor
may appeal the decision under the provisions of the
|
8 | | Administrative Review Law. The list shall be made available to
|
9 | | all building/facility owners who request the list. In |
10 | | contracting for response
action services, building/facility |
11 | | owners shall select a response action
contractor from the |
12 | | Department's list.
|
13 | | (Source: P.A. 89-143, eff. 7-14-95.)
|
14 | | (225 ILCS 207/35)
|
15 | | Sec. 35. Licensing.
|
16 | | (1) No person may act as an asbestos abatement contractor |
17 | | providing response
action services unless the person is |
18 | | licensed as an Asbestos Abatement
Contractor by the Agency |
19 | | Department in accordance with the Asbestos Abatement Act and
|
20 | | rules promulgated under it.
|
21 | | (2) No person may act as an asbestos supervisor providing |
22 | | response action
services unless the person is licensed as a |
23 | | Supervisor by the Agency Department in
accordance with the |
24 | | Asbestos Abatement Act and rules promulgated under it.
|
25 | | (3) No person may act as a project designer providing |
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1 | | response action
services unless the person is licensed as a |
2 | | Project Designer by the Agency Department
in accordance with |
3 | | the Asbestos Abatement Act and rules promulgated under it.
|
4 | | (4) No person may act as an asbestos worker providing |
5 | | response action
services unless the person is licensed as an |
6 | | Asbestos Worker or a Supervisor by
the Agency Department in |
7 | | accordance with the Asbestos Abatement Act and rules
|
8 | | promulgated under it.
|
9 | | (5) No person may act as an asbestos inspector unless the |
10 | | person is licensed
as an Asbestos Inspector by the Agency |
11 | | Department in accordance with the Asbestos
Abatement Act and |
12 | | rules promulgated under it.
|
13 | | (6) No person may act as an air sampling professional
|
14 | | unless
the person is licensed as an air sampling professional |
15 | | by the Agency Department in accordance
with the
Asbestos |
16 | | Abatement Act and rules promulgated under it.
|
17 | | (7) No person may act as a project manager
unless
the |
18 | | person is licensed as a project manager by the Agency |
19 | | Department in accordance
with the
Asbestos Abatement Act and |
20 | | rules promulgated under it.
|
21 | | (8) No person may act as a management planner
unless
the |
22 | | person is licensed as a management planner by the Agency |
23 | | Department in accordance
with the
Asbestos Abatement Act and |
24 | | rules promulgated under it.
|
25 | | (9) Beginning January 1, 2005, no person may act as an |
26 | | asbestos consultant
unless
the person is licensed as a |
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1 | | consultant by the Agency Department in accordance
with this Act |
2 | | and rules promulgated under it. The following are exempt from |
3 | | the licensure requirement of this subsection:
|
4 | | (A) An employee of a local education agency who is that |
5 | | local education agency's designated person. |
6 | | (B) An employee of a State agency while he or she is |
7 | | engaged in his or her professional duties for that State |
8 | | agency. |
9 | | (10) Individuals and entities that wish to be licensed |
10 | | shall make
application on forms prescribed and furnished by the |
11 | | Agency Department .
Licenses shall expire annually according to |
12 | | a schedule determined by
the Agency Department . Applications |
13 | | for renewal of licenses shall be filed
with the Agency |
14 | | Department at least 30 days before the expiration date.
When a |
15 | | licensure examination is required, the license application
|
16 | | shall be submitted to the Agency Department at least 30 days
|
17 | | prior to the date of the scheduled examination. The Agency |
18 | | Department
shall evaluate each application based on its minimum |
19 | | standards for
licensure, promulgated as rules, and render a |
20 | | decision. Such
standards may include a requirement for the |
21 | | successful completion
of a course of training approved by the |
22 | | Agency Department . If the Agency
Department denies the |
23 | | application, the applicant may appeal the
decision under the |
24 | | provisions of the Administrative Review
Law.
|
25 | | (Source: P.A. 93-894, eff. 8-10-04.)
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1 | | (225 ILCS 207/45)
|
2 | | Sec. 45.
Asbestos abatement contractor's certificate of |
3 | | financial
responsibility. Each asbestos abatement contractor |
4 | | that wishes to be placed on
the Agency's Department's approved |
5 | | list of asbestos abatement contractors shall submit
to the |
6 | | Agency Department a certificate documenting that the |
7 | | contractor carries
liability insurance from a company with at |
8 | | least an "A" rating accorded by A.M.
Best & Co., self |
9 | | insurance, group insurance, or group self insurance in an
|
10 | | amount of at least $1,000,000 for work performed pursuant to |
11 | | this Act and the
rules promulgated under it. No asbestos |
12 | | abatement contractor may be
placed on the approved list in the |
13 | | absence of such a certificate.
All asbestos abatement |
14 | | contractors presently licensed by the Agency Department in
|
15 | | accordance with the Asbestos Abatement Act for public and |
16 | | private schools in
Illinois who wish to be on the approved list |
17 | | shall submit the certificate
within 90 days of the effective |
18 | | date of this Act.
|
19 | | Each asbestos abatement contractor shall maintain on file |
20 | | with the Agency Department
a current certificate of financial |
21 | | responsibility throughout the entire length
of time the |
22 | | contractor's name appears on the Agency's Department's list of |
23 | | approved
contractors. An asbestos abatement contractor shall |
24 | | notify the Agency Department of
any change in the status of a |
25 | | certificate that has been filed including
expiration, renewal, |
26 | | or alteration of the terms of the certificate.
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1 | | (Source: P.A. 89-143, eff. 7-14-95.)
|
2 | | (225 ILCS 207/55)
|
3 | | Sec. 55. Civil penalties. The Agency Department is |
4 | | empowered to
assess civil penalties for violations of this Act
|
5 | | and the rules promulgated under this Act pursuant to rules for |
6 | | such
penalties established by the Agency Department .
|
7 | | (Source: P.A. 89-143, eff. 7-14-95.)
|
8 | | (225 ILCS 207/60)
|
9 | | Sec. 60. Illinois School Asbestos Abatement Fund. All fees |
10 | | and penalties
collected by the Agency Department pursuant to |
11 | | this Act shall be deposited into the
Illinois School Asbestos |
12 | | Abatement Fund created by Section 16 of the Asbestos
Abatement |
13 | | Act, and shall be available to the Agency Department as |
14 | | provided in that
Act.
|
15 | | (Source: P.A. 89-143, eff. 7-14-95.)
|
16 | | Section 15. The Environmental Protection Act is amended by |
17 | | adding Section 59 as follows: |
18 | | (415 ILCS 5/59 new) |
19 | | Sec. 59. Asbestos Abatement Act; Commercial and Public |
20 | | Buildings Asbestos Abatement Act. |
21 | | (a) On July 1, 2013, all powers, duties, rights, and |
22 | | responsibilities of the Department of Public Health and the |
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1 | | Director of Public Health under the Asbestos Abatement Act and |
2 | | the Commercial and Public Buildings Asbestos Abatement Act are |
3 | | transferred to the Illinois Environmental Protection Agency |
4 | | and the Director of Illinois Environmental Protection Agency. |
5 | | In the context of any statutes or regulations needed to |
6 | | implement or enforce the provisions of either the Asbestos |
7 | | Abatement Act or the Commercial and Public Buildings Asbestos |
8 | | Abatement Act, including but not limited to Part 855 of Title |
9 | | 77 of the Illinois Administrative Code, on and after July 1, |
10 | | 2013, all references to the Department of Public Health shall |
11 | | be construed to mean the Illinois Environmental Protection |
12 | | Agency, and all references to the Director of Public Health |
13 | | shall be construed to mean the Director of the Illinois |
14 | | Environmental Protection Agency. |
15 | | (b) At the discretion of the Director of the Illinois |
16 | | Environmental Protection Agency, those employees of the |
17 | | Department of Public Health needed to administer either the |
18 | | Asbestos Abatement Act or the Commercial and Public Buildings |
19 | | Asbestos Abatement Act may be transferred to the Illinois |
20 | | Environmental Protection Agency. The status and rights of such |
21 | | employees under the Personnel Code shall not be affected by the |
22 | | transfer. The rights of the employees and the State of Illinois |
23 | | and its agencies under the Personnel Code and applicable |
24 | | collective bargaining agreements or under any pension, |
25 | | retirement, or annuity plan shall not be affected by this |
26 | | amendatory Act. |
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1 | | (c) All books, records, papers, documents, property (real |
2 | | and personal), contracts, causes of action, and pending |
3 | | business pertaining to the powers, duties, rights, and |
4 | | responsibilities transferred by this amendatory Act from the |
5 | | Department of Public Health to the Illinois Environmental |
6 | | Protection Agency, including, but not limited to, material in |
7 | | electronic or magnetic format and necessary computer hardware |
8 | | and software, shall be transferred to the Illinois |
9 | | Environmental Protection Agency. |
10 | | (d) All unexpended appropriations and balances and other |
11 | | funds available for use by the Department of Public Health for |
12 | | the administration of the Asbestos Abatement Act or the |
13 | | Commercial and Public Buildings Asbestos Abatement Act shall be |
14 | | transferred for use by the Illinois Environmental Protection |
15 | | Agency pursuant to the direction of the Director of the |
16 | | Illinois Environmental Protection Agency. Unexpended balances |
17 | | so transferred shall be expended only for the purpose for which |
18 | | the appropriations were originally made. |
19 | | (e) Whenever reports or notices are now required to be made |
20 | | or given or papers or documents furnished or served by any |
21 | | person to or upon the Department of Public Health in connection |
22 | | with any of the powers, duties, rights, and responsibilities |
23 | | transferred by this amendatory Act, the same shall be made, |
24 | | given, furnished, or served in the same manner to or upon the |
25 | | Illinois Environmental Protection Agency. |
26 | | (f) This amendatory Act does not affect any act done, |
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1 | | ratified, or canceled or any right occurring or established or |
2 | | any action or proceeding had or commenced in an administrative, |
3 | | civil, or criminal cause by the Department of Public Health |
4 | | before this amendatory Act takes effect; such actions or |
5 | | proceedings may be prosecuted and continued by the Illinois |
6 | | Environmental Protection Agency. |
7 | | (g) Any rules of the Department of Public Health in |
8 | | connection with any of the powers, duties, rights, and |
9 | | responsibilities transferred by this amendatory Act and that |
10 | | are in full force on the effective date of this amendatory Act |
11 | | shall become the rules of the Illinois Environmental Protection |
12 | | Agency. This amendatory Act does not affect the legality of any |
13 | | such rules in the Illinois Administrative Code. |
14 | | Any proposed rules filed with the Secretary of State by the |
15 | | Department of Public Health in connection with any of the |
16 | | powers, duties, rights, and responsibilities transferred by |
17 | | this amendatory Act that are pending in the rulemaking process |
18 | | on the effective date of this amendatory Act and pertain to the |
19 | | powers, duties, rights, and responsibilities transferred, |
20 | | shall be deemed to have been filed by the Illinois |
21 | | Environmental Protection Agency. |
22 | | As soon as practicable after the effective date of this |
23 | | Section, the Illinois Environmental Protection Agency shall |
24 | | review, revise and clarify the rules transferred to it under |
25 | | this amendatory Act to reflect the reorganization of powers, |
26 | | duties, rights, and responsibilities affected by this |
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1 | | amendatory Act, using the procedures for recodification of |
2 | | rules available under the Illinois Administrative Procedure |
3 | | Act, except that existing title, part, and section numbering |
4 | | for the affected rules may be retained. In so doing, the |
5 | | Illinois Environmental Protection Agency shall ensure that a |
6 | | single set of standards apply to all parties similarly |
7 | | situated.
|
8 | | Section 99. Effective date. This Act takes effect July 1, |
9 | | 2013.
|