99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1807

 

Introduced 2/20/2015, by Sen. William R. Haine

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Asbestos Occupations Licensure Act. Provides that persons licensed to perform asbestos abatement-related activities under the Asbestos Abatement Act or the Commercial and Public Building Asbestos Abatement Act shall be licensed by the Department of Public Health. Repeals Sections of the Asbestos Abatement Act and the Commercial and Public Building Asbestos Abatement Act recodified in the Asbestos Occupations Licensure Act. Amends additional Sections of the Environmental Protection Act. Provides that after the effective date of this Act, rulemaking for the Asbestos Abatement Act or the Commercial and Public Building Asbestos Abatement Act shall be done by the Pollution Control Board. Effective July 1, 2015.


LRB099 09618 JWD 29827 b

 

 

A BILL FOR

 

SB1807LRB099 09618 JWD 29827 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Asbestos Occupations Licensure Act.
 
6    Section 5. Scope and application. This Act applies to the
7training and licensing of persons and firms (1) to perform
8asbestos inspection, (2) to perform abatement work, and (3) to
9serve as asbestos abatement contractors, response action
10contractors, and asbestos workers under both the Asbestos
11Abatement Act and the Commercial and Public Building Asbestos
12Abatement Act.
 
13    Section 10. Definitions. As used in this Act:
14    "Asbestos" means the asbestiform varieties of chrysotile,
15amosite, crocidolite, tremolite, anthrophyllite, and
16actinolite.
17    "Asbestos abatement contractor" means any entity that
18engages in the removal, enclosure, or encapsulation of asbestos
19containing materials for any school.
20    "Asbestos inspector" means an individual licensed by the
21Department to perform inspections for the presence of asbestos
22containing materials.

 

 

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1    "Asbestos materials" means materials formed by mixing
2asbestos fibers with other products, including but not limited
3to rock wool, plaster, cellulose, clay, vermiculite, perlite
4and a variety of adhesives, and which contain more than 1%
5asbestos by weight. Some of these materials may be sprayed on
6surfaces or applied to surfaces in the form of plaster or a
7textured paint.
8    "Asbestos professional" means an individual who is
9licensed by the Department to perform the duties of an
10inspector, management planner, project designer, project
11supervisor, project manager, or air sampling professional, as
12applicable, except project supervisors under the direct employ
13of a licensed asbestos abatement contractor.
14    "Asbestos supervisor" means an asbestos abatement
15contractor, foreman, or person designated as the asbestos
16abatement contractor's representative who is responsible for
17the onsite supervision of the removal, encapsulation, or
18enclosure of friable or nonfriable asbestos-containing
19materials in a commercial or public building.
20    "Asbestos worker" means an individual who cleans, removes,
21encapsulates, encloses, hauls or disposes of friable asbestos
22material as defined in this Act.
23    "Board" means the Illinois Pollution Control Board.
24    "Department" means the Department of Public Health.
25    "Director" means the Director of Public Health.
26    "Encapsulation" means the treatment of asbestos containing

 

 

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1building materials (ACBM), as defined by Section 15 of the
2Commercial and Public Building Asbestos Abatement Act, with a
3material that surrounds or embeds asbestos fibers in an
4adhesive matrix to prevent the release of fibers, as the
5encapsulant creates a membrane over the surfaces (bridging
6encapsulant) or penetrates the material and binds its
7components together (penetrating encapsulant).
8    "Enclosure" means the construction of airtight walls and
9ceilings between the asbestos material and the facility
10environment, or around surfaces coated with asbestos
11materials, or any other appropriate scientific procedure as
12determined by the Department which prevents the release of
13asbestos materials.
14    "Friable", when referring to material in a school building,
15means that the material, when dry, may be crumbled, pulverized,
16or reduced to powder by hand pressure, and includes previously
17nonfriable material after such previously nonfriable material
18becomes damaged to the extent that, when dry, it may be
19crumbled, pulverized, or reduced to powder by hand pressure.
20    "Friable material containment" means the encapsulation or
21enclosure of any friable asbestos material in a facility.
22    "Management planner" means an individual licensed by the
23Department to prepare management plans.
24    "Nonfriable" means material in a school building which,
25when dry, may not be crumbled, pulverized, or reduced to powder
26by hand pressure.

 

 

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1    "Project designer" means an individual licensed by the
2Department to design response actions.
3    "Response action" means a method, including removal,
4encapsulation, enclosure, repair, operations and maintenance,
5that protects human health and the environment from friable
6ACBM.
7    "Response action contractor" means any entity that engages
8in response action services for any school.
 
9    Section 15. Powers and duties of the Department.
10    (a) The Department is empowered to promulgate any rules
11necessary to ensure proper implementation and administration
12of this Act.
13    (b) Rules promulgated by the Department shall include rules
14providing for the training and licensing of persons and firms
15to perform asbestos inspection and air sampling; to perform
16abatement work; and to serve as asbestos abatement contractors,
17management, planners, project designers, project supervisors,
18project managers and asbestos workers for public and private
19secondary and elementary schools.
20    (c) In carrying out its responsibilities under this Act,
21the Department shall:
22        (1) publish a list of persons and firms licensed
23    pursuant to this Act, except that the Department is not
24    required to publish a list of licensed asbestos workers;
25    and

 

 

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1        (2) adopt rules for the collection of fees for training
2    course approval; and for licensing of inspectors,
3    management planners, project designers, contractors,
4    supervisors, air sampling professionals, project managers
5    and workers.
 
6    Section 20. Rulemaking. The provisions of the Illinois
7Administrative Procedure Act are hereby expressly adopted and
8shall apply to all administrative rules and procedures of the
9Department of Public Health under this Act, except that in case
10of conflict between the Illinois Administrative Procedure Act
11and this Act, the provisions of this Act shall control, and
12except that Section 5-35 of the Illinois Administrative
13Procedure Act relating to procedures for rulemaking does not
14apply to the adoption of any rule required by federal law in
15connection with which the Department is precluded by law from
16exercising any discretion.
17    Before initiating any rulemaking under this Section, the
18Department shall consult with the Asbestos Advisory Council as
19set forth in subsection (h) of Section 59 of the Environmental
20Protection Act.
 
21    Section 25. Administrative review. All final
22administrative decisions of the Department hereunder shall be
23subject to judicial review pursuant to the Administrative
24Review Law and the rules adopted pursuant thereto. The term

 

 

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1"administrative decision" is defined as in Section 3-101 of the
2Code of Civil Procedure.
 
3    Section 30. Hearings. The Director, after notice and
4opportunity for hearing to the contractor, applicant, or
5license holder, may deny, suspend, or revoke a license or
6expunge such person from the State list in any case in which he
7or she finds that there has been a substantial failure to
8comply with the provisions of this Act or the standards and
9rules established by virtue thereof.
10    Such notice shall be provided by certified mail or by
11personal service setting forth the particular reasons for the
12proposed action and fixing a date, not less than 15 days from
13the date of such mailing or service, at which time the
14applicant, contractor, or license holder shall be given an
15opportunity to request a hearing.
16    The hearing shall be conducted by the Director or by an
17individual designated in writing by the Director as Hearing
18Officer to conduct the hearing. On the basis of any such
19hearing, or upon default of the applicant, contractor, or
20license holder, the Director shall make a determination
21specifying his or her findings and conclusions. A copy of such
22determination shall be sent by certified mail or served
23personally upon the applicant, contractor, or license holder.
24    The procedure governing hearings authorized by this
25Section shall be in accordance with rules promulgated by the

 

 

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1Department. A full and complete record shall be kept of all
2proceedings, including the notice of hearing, complaint, and
3all other documents in the nature of pleadings, written motions
4filed in the proceedings, and the report and orders of the
5Director and Hearing Officer. All testimony shall be reported
6but need not be transcribed unless the decision is sought to be
7reviewed pursuant to the Administrative Review Law. A copy or
8copies of the transcript may be obtained by any interested
9party on payment of the cost of preparing such copy or copies.
10The Director or Hearing Officer shall, upon his or her own
11motion, or on the written request of any party to the
12proceeding, issue subpoenas requiring the attendance and the
13giving of testimony by witnesses, and subpoenas duces tecum
14requiring the production of books, papers, records, or
15memoranda. All subpoenas and subpoenas duces tecum issued under
16the terms of this Act may be served by any person of legal age.
17The fees of witnesses for attendance and travel shall be the
18same as the fees of witnesses before the circuit court of this
19State, such fees to be paid when the witness is excused from
20further attendance. When the witness is subpoenaed at the
21instance of the Director or Hearing Officer, such fees shall be
22paid in the same manner as other expenses of the Department,
23and when the witness is subpoenaed at the instance of any other
24party to any such proceeding, the Department may require that
25the cost of service of the subpoena or subpoena duces tecum and
26the fee of the witness be borne by the party at whose instance

 

 

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1the witness is summoned. In such case, the Department, in its
2discretion, may require a deposit to cover the cost of such
3service and witness fees. A subpoena or subpoena duces tecum so
4issued as above stated shall be served in the same manner as a
5subpoena issued by a circuit court.
6    Any circuit court of this State, upon the application of
7the Director, or upon the application of any other party to the
8proceeding, may, in its discretion, compel the attendance of
9witnesses, the production of books, papers, records, or
10memoranda and the giving of testimony before the Director or
11Hearing Officer conducting an investigation or holding a
12hearing authorized by this Act, by an attachment for contempt
13or otherwise, in the same manner as production of evidence may
14be compelled before the court.
15    The Director or Hearing Officer, or any party in an
16investigation or hearing before the Department, may cause the
17depositions of witnesses within the State to be taken in the
18manner prescribed by law for like depositions in civil actions
19in courts of this State, and, to that end, compel the
20attendance of witnesses and the production of books, papers,
21records, or memoranda.
 
22    Section 35. Consistency with federal law. Rules issued
23pursuant to this Act, including those governing the preparation
24of a list of contractors and the removal of contractors
25therefrom as provided for in Section 40, shall not be

 

 

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1inconsistent with rules and regulations promulgated by the
2United States Environmental Protection Agency pursuant to the
3Toxic Substances Control Act, the Clean Air Act, or other
4applicable federal statutes.
 
5    Section 40. Asbestos abatement contractors; response
6action contractors. The Department shall prepare a list, in
7cooperation with appropriate State and federal agencies, on an
8annual basis, of asbestos abatement contractors and response
9action contractors familiar with and capable of complying with
10all applicable federal and State standards for asbestos
11containment and removal. Additional asbestos abatement
12contractors or response action contractors wishing to be placed
13on this list shall notify the Department. The Department shall
14evaluate this request based on the training and experience of
15such a potential asbestos abatement contractor or response
16action contractor and render a decision. If the Department
17denies the request, such contractor may appeal such a decision
18pursuant to the Administrative Review Law. Such list shall be
19made available to all school districts and, upon request, to
20other interested parties. In contracting for response action
21services, schools shall select an asbestos abatement
22contractor or response action contractor from the Department's
23list.
 
24    Section 45. Licensing.

 

 

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1    (a) No air sampling professional, asbestos abatement
2contractor, asbestos consultant, asbestos inspector, asbestos
3professional, asbestos supervisor, asbestos worker, management
4planner, project designer, project manager, project
5supervisor, or response action contractor may be employed as a
6response action contractor unless that individual or entity is
7licensed by the Department. Those individuals and entities
8wishing to be licensed shall make application on forms
9prescribed and furnished by the Department. A license shall
10expire annually according to a schedule determined by the
11Department. Applications for renewal of licenses shall be filed
12with the Department at least 30 days before the expiration
13date. When a licensure examination is required, the application
14for licensure shall be submitted to the Department at least 30
15days prior to the date of the scheduled examination. The
16Department shall evaluate each application based on its minimum
17standards for licensure, promulgated as rules, and render a
18decision. Such standards may include a requirement for the
19successful completion of a course of training approved by the
20Department. If the Department denies the application, the
21applicant may appeal such decision pursuant to the
22Administrative Review Law.
23    However, the licensing requirements of this Section for
24asbestos consultants do not apply to: (1) an employee of a
25local education agency who is that local education agency's
26designated person; or (2) an employee of a State agency while

 

 

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1he or she is engaged in his or her professional duties for that
2State agency.
3    (b) All licenses issued under the Asbestos Abatement Act or
4the Commercial and Public Building Asbestos Abatement Act, and
5in effect on the effective date of this Act, shall remain in
6effect for the remainder of the period for which they were
7originally issued as if they had been issued under this Act.
 
8    Section 50. Certified industrial hygienists. For purposes
9of this Act and the rules promulgated thereunder, the
10Department shall use the list of certified industrial
11hygienists as prepared by the American Board of Industrial
12Hygiene.
 
13    Section 55. Contractor's certificates of financial
14responsibility. Each asbestos abatement contractor wishing to
15be placed on the Department's approved list of contractors
16shall submit to the Department a certificate documenting that
17the contractor carries liability insurance, self-insurance,
18group insurance, group self-insurance, a letter of credit, or
19bond in an amount of at least:
20        (1) $500,000 for work performed pursuant to the
21    Asbestos Abatement Act and the rules promulgated
22    thereunder.
23        (2) $1,000,000 for work performed pursuant to this
24    Commercial and Public Building Asbestos Abatement Act and

 

 

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1    the rules promulgated thereunder.
2No contractor may be placed on the approved list in the absence
3of such a certificate. All contractors presently on the
4approved list shall submit said certificate within 90 days of
5the effective date of this Act or the Department shall remove
6their names from the approved list.
7    Each contractor shall maintain on file with the Department
8a current certificate of financial responsibility throughout
9the entire length of time the contractor's name appears on the
10Department's list of approved contractors. A contractor shall
11notify the Department of any change in the status of a
12certificate which has been filed including expiration,
13renewal, or alteration of the terms of the certificate.
 
14    Section 60. Civil penalties. The Department is empowered to
15assess civil penalties for violations of this Act and the rules
16promulgated under this Act pursuant to rules for such penalties
17established by the Department.
 
18    Section 65. Asbestos Occupations Licensure Fund. All fees
19and penalties collected by the Department pursuant to this Act,
20and all interest attributable to those amounts, shall be
21deposited into the Asbestos Occupations Licensure Fund, which
22is hereby created as a special fund in the State treasury.
23Subject to appropriation, all moneys deposited in the Asbestos
24Occupations Licensure Fund under this Act shall be available to

 

 

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1the Department for its administration of this Act. The Asbestos
2Occupations Licensure Fund is not subject to sweeps,
3administrative charges or chargebacks, or any other fiscal or
4budgetary maneuver that would in any way transfer any moneys
5from the Asbestos Occupations Licensure Fund to any other Fund
6of the State or in the State treasury.
 
7    Section 70. The State Finance Act is amended by adding
8Section 5.866 as follows:
 
9    (30 ILCS 105/5.866 new)
10    Sec. 5.866. The Asbestos Occupations Licensure Fund.
 
11    Section 75. The Asbestos Abatement Act is amended by
12changing Sections 3, 4, 6, 6a, 6b, 7, 9, 9a, 9b, 11, 12a, 12b,
1312c, 13, 14, and 16 as follows:
 
14    (105 ILCS 105/3)  (from Ch. 122, par. 1403)
15    Sec. 3. Definitions. As used in this Act:
16    (a) "Asbestos" means the asbestiform varieties of
17chrysotile, amosite, crocidolite, tremolite, anthrophyllite,
18and actinolite.
19    (b) "Asbestos materials" means materials formed by mixing
20asbestos fibers with other products, including but not limited
21to rock wool, plaster, cellulose, clay, vermiculite, perlite
22and a variety of adhesives, and which contain more than 1%

 

 

SB1807- 14 -LRB099 09618 JWD 29827 b

1asbestos by weight. Some of these materials may be sprayed on
2surfaces or applied to surfaces in the form of plaster or a
3textured paint.
4    (c) "School" means any school district or public, private
5or nonpublic day or residential educational institution that
6provides elementary or secondary education for grade 12 or
7under.
8    (d) "Local educational agency" means:
9        (1) Any local education agency as defined in Section
10    198 of the Elementary and Secondary Education Act of 1965
11    (20 U.S.C. 3381).
12        (2) The owner of any nonpublic, nonprofit elementary or
13    secondary school building.
14        (3) The governing authority of any school operated
15    under the defense dependents' education system provided
16    for under the Defense Department's Education Act of 1978
17    (20 U.S.C. 921, et seq.).
18    (e) "Response action" means a method, including removal,
19encapsulation, enclosure, repair, operations and maintenance,
20that protects human health and the environment from friable
21ACBM.
22    (f) "Asbestos containing building materials" or ACBM means
23surfacing asbestos containing material or ACM, thermal system
24insulation ACM or miscellaneous ACM that is found in or on
25interior structural members or other parts of a school
26building.

 

 

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1    (g) "Friable" when referring to material in a school
2building means that the material, when dry, may be crumbled,
3pulverized, or reduced to powder by hand pressure, and includes
4previously nonfriable materials after such previously
5nonfriable material becomes damaged to the extent that, when
6dry, it may be crumbled, pulverized, or reduced to powder by
7hand pressure.
8    (h) "Asbestos Abatement Contractor" means any entity that
9engages in the removal, enclosure, or encapsulation of asbestos
10containing materials for any school.
11    (i) "Response action contractor" means any entity that
12engages in response action services for any school.
13    (j) "Friable material containment" means the encapsulation
14or enclosure of any friable asbestos material in a facility.
15    (k) "Enclosure" means the construction of airtight walls
16and ceilings between the asbestos material and the educational
17facility environment, or around surfaces coated with asbestos
18materials, or any other appropriate scientific procedure as
19determined by the Agency Department which prevents the release
20of asbestos materials.
21    (l) "Encapsulation" means the treatment of ACBM with a
22material that surrounds or embeds asbestos fibers in an
23adhesive matrix to prevent the release of fibers, as the
24encapsulant creates a membrane over the surfaces (bridging
25encapsulant or penetrates the material and binds its components
26together (penetrating encapsulant).

 

 

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1    (m) "Department" means the Department of Public Health.
2    (n) "Director" means the Director of the Illinois
3Environmental Protection Agency Public Health.
4    (o) "School personnel" means any employee of a school.
5    (p) "Student" means any student enrolled in a school.
6    (q) "School Building" means:
7        (1) Any structure suitable for use as a classroom,
8    including a school facility such as a laboratory, library,
9    school eating facility, or facility used for the
10    preparation of food.
11        (2) Any gymnasium or other facility which is specially
12    designed for athletic or recreational activities for an
13    academic course in physical education.
14        (3) Any other facility used for the instruction or
15    housing of students or for the administration of
16    educational or research programs.
17        (4) Any maintenance, storage, or utility facility,
18    including any hallway essential to the operation of any
19    facility described in this definition of "school building"
20    under items (1), (2), or (3).
21        (5) Any portico or covered exterior hallway or walkway.
22        (6) Any exterior portion of a mechanical system used to
23    condition interior space.
24    (r) "Asbestos worker" means an individual who cleans,
25removes, encapsulates, encloses, hauls or disposes of friable
26asbestos material in schools as defined in this Act.

 

 

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1    (s) "Nonfriable" means material in a school building which,
2when dry, may not be crumbled, pulverized, or reduced to powder
3by hand pressure.
4    (t) "Management plan" means a plan developed for a local
5educational agency for the management of asbestos in its school
6buildings pursuant to the federal Asbestos Hazard Emergency
7Response Act of 1986 and the regulations promulgated
8thereunder.
9    (u) "Management planner" means an individual licensed by
10the Department to prepare management plans.
11    (v) "Project designer" means an individual licensed by the
12Department to design response actions for school buildings.
13    (w) "Asbestos inspector" means an individual licensed by
14the Department to perform inspections of schools for the
15presence of asbestos containing materials.
16    (x) "Agency" means the Illinois Environmental Protection
17Agency.
18    (y) "Board" means the Illinois Pollution Control Board.
19(Source: P.A. 86-416; 86-1475.)
 
20    (105 ILCS 105/4)  (from Ch. 122, par. 1404)
21    Sec. 4. Response action. Schools shall undertake and
22complete such response action as may be required by the federal
23Asbestos Hazard Emergency Response Act of 1986, the regulations
24promulgated thereunder, and the rules promulgated by the Board
25Department pursuant to the Asbestos Abatement Act. Response

 

 

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1actions shall be undertaken and completed within the timeframe
2required by the federal Asbestos Hazard Emergency Response Act
3of 1986 and the regulations promulgated thereunder.
4(Source: P.A. 86-416.)
 
5    (105 ILCS 105/6)  (from Ch. 122, par. 1406)
6    Sec. 6. Powers and duties of the Agency Department.
7    (a) In accordance with Title VII of the Environmental
8Protection Act, and after consultation with the Asbestos
9Advisory Committee as set forth in subsection (h) of Section 59
10of the Environmental Protection Act, the Agency may propose,
11and the Board may adopt, The Department is empowered to
12promulgate any rules necessary to ensure proper implementation
13and administration of this Act and of the federal Asbestos
14Hazard Emergency Response Act of 1986, and the regulations
15promulgated thereunder.
16    (b) Rules adopted under subsection (a) promulgated by the
17Department shall include, but need not be limited to:
18        (1) all rules necessary to achieve compliance with the
19    federal Asbestos Hazard Emergency Response Act of 1986 and
20    the regulations promulgated thereunder;
21        (2) rules relating to the correct and safe performance
22    of asbestos inspection, air sampling, asbestos abatement
23    work, and other related tasks by persons licensed to do so
24    under the Asbestos Occupations Licensure Act; and rules
25    providing for the training and licensing of persons and

 

 

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1    firms to perform asbestos inspection and air sampling; to
2    perform abatement work; and to serve as asbestos abatement
3    contractors, management, planners, project designers,
4    project supervisors, project managers and asbestos workers
5    for public and private secondary and elementary schools;
6    and any necessary rules relating to the correct and safe
7    performance of those tasks; and
8        (3) rules for the development and submission of
9    asbestos management plans by local educational agencies,
10    and for review and approval of such plans by the Agency
11    Department.
12    (c) The rules proposed by the Agency and adopted by the
13Board shall require each local educational agency to maintain
14records of asbestos-related activities, which shall be made
15available to the Agency upon request. In carrying out its
16responsibilities under this Act, the Department shall:
17        (1) publish a list of persons and firms licensed
18    pursuant to this Act, except that the Department shall not
19    be required to publish a list of licensed asbestos workers;
20        (2) require each local educational agency to maintain
21    records of asbestos-related activities, which shall be
22    made available to the Department upon request; and
23        (3) adopt rules for the collection of fees for training
24    course approval; and for licensing of inspectors,
25    management planners, project designers, contractors,
26    supervisors, air sampling professionals, project managers

 

 

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1    and workers.
2(Source: P.A. 96-537, eff. 8-14-09; 96-1000, eff. 7-2-10.)
 
3    (105 ILCS 105/6a)  (from Ch. 122, par. 1406a)
4    Sec. 6a. All rulemaking under this Act shall be conducted
5in accordance with Title VII of the Environmental Protection
6Act. The provisions of the Illinois Administrative Procedure
7Act are hereby expressly adopted and shall apply to all
8administrative rules and procedures of the Department of Public
9Health under this Act, except that in case of conflict between
10the Illinois Administrative Procedure Act and this Act the
11provisions of this Act shall control, and except that Section
125-35 of the Illinois Administrative Procedure Act relating to
13procedures for rule-making does not apply to the adoption of
14any rule required by federal law in connection with which the
15Department is precluded by law from exercising any discretion.
16(Source: P.A. 88-45.)
 
17    (105 ILCS 105/6b)  (from Ch. 122, par. 1406b)
18    Sec. 6b. All final administrative decisions of the Board
19Department hereunder shall be subject to judicial review
20pursuant to the provisions of Title XI of the Environmental
21Protection Act the "Administrative Review Law", as amended, and
22the rules adopted pursuant thereto. The term "Administrative
23Decision" is defined as in Section 3-101 of the Code of Civil
24Procedure.

 

 

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1(Source: P.A. 84-951.)
 
2    (105 ILCS 105/7)  (from Ch. 122, par. 1407)
3    Sec. 7. Consistency with federal law. Rules and regulations
4issued pursuant to this Act, including those governing the
5preparation of a list of contractors and the removal of
6contractors therefrom as provided for in Section 10, shall not
7be inconsistent with rules and regulations promulgated by the
8United States Environmental Protection Agency pursuant to the
9Toxic Substances Control Act, the Clean Air Act or other
10applicable federal statutes.
11(Source: P.A. 84-951.)
 
12    (105 ILCS 105/9)  (from Ch. 122, par. 1409)
13    Sec. 9. State Funding. Funding sources for State funding
14with respect to costs of corrective action shall include
15appropriations from the General Revenue Fund, proceeds from
16litigation against manufacturers, distributors and contractors
17of asbestos products, funds provided under the provisions of
18the federal Asbestos School Hazard Abatement Act of 1984, or
19any combination thereof. The Agency Department shall request
20appropriations from any of these funds based on its review of
21school funding needs and include such in its annual budget
22request.
23(Source: P.A. 84-951.)
 

 

 

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1    (105 ILCS 105/9a)  (from Ch. 122, par. 1409a)
2    Sec. 9a. Reimbursement for corrective action. The Agency
3Department shall, from funds appropriated for this purpose,
4reimburse schools which have undertaken corrective action.
5Such schools, upon completion of an inspection by the Agency
6Department, shall be eligible for reimbursement only for those
7projects found to have been conducted in accordance with the
8provisions of this Act and the rules promulgated thereunder.
9Schools shall apply for such reimbursement to the Agency
10Department on forms designed and provided by the Agency
11Department.
12    The amount of reimbursement for which a public school
13district is eligible shall be calculated by the Agency
14Department based upon a Grant Index developed by the State
15Board of Education. This Grant Index shall be based upon the
16equalized assessed valuation of the school district and other
17measures of relative wealth to determine the percentage of the
18total cost of corrective action for which reimbursement shall
19be authorized. The Grant Index for any school district is equal
20to one minus the ratio of the district's equalized assessed
21valuation per pupil in weighted daily average attendance to the
22equalized assessed valuation per pupil in weighted average
23daily attendance of the district located at the ninetieth
24percentile for all districts of the same type. The Grant Index
25for any school district shall be not less than .50 and no
26greater than 1.00. The product of the district's Grant Index

 

 

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1and the project cost, as determined by the Agency Department
2for approved corrective action, equals the total amount that
3shall be reimbursed to the school according to the provisions
4of this Section. All non-public schools shall be eligible for
5reimbursement in an amount equal to 50% of the cost of
6corrective action.
7    Out of funds appropriated for such purpose, 20% of the
8amount of reimbursement to which any school is determined
9entitled shall be paid in each of 5 successive fiscal years.
10The Agency Department shall request an annual appropriation in
11an amount sufficient to cover all expected reimbursements to be
12paid out in that fiscal year.
13    For purposes of reimbursement under this Section,
14corrective action means removal, encapsulation or enclosure.
15Schools reimbursed pursuant to this Section for corrective
16action shall not be eligible for grants under Section 9b with
17respect to the corrective action for which they are so
18reimbursed.
19(Source: P.A. 84-1245.)
 
20    (105 ILCS 105/9b)  (from Ch. 122, par. 1409b)
21    Sec. 9b. Grants for asbestos abatement work undertaken on
22or after January 1, 1986. Schools which undertake corrective
23action on or after January 1, 1986 shall be eligible for grants
24for asbestos abatement activities conducted in accordance with
25this Act and the rules promulgated thereunder. Funds shall be

 

 

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1provided only to those schools which have been inspected
2pursuant to this Act. Schools which desire abatement grants
3shall apply to the Agency Department for such grants on forms
4designed and provided by the Agency Department. The Agency
5Department shall evaluate applications to establish priorities
6for funding recognizing the degree of health hazard present and
7shall categorize school needs using a numerical ranking.
8    In conjunction with the State Board of Education, the
9Agency Department shall calculate the amount of grant for which
10a public school district is eligible, based upon a Grant Index
11developed by the State Board of Education. The Grant Index
12shall be based upon the equalized assessed valuation of the
13school district and other measures of relative wealth to
14determine the percentage of the total cost of corrective action
15for which grants shall be authorized. The Grant Index for any
16school district is equal to one minus the ratio of the
17district's equalized assessed valuation per pupil in weighted
18daily average attendance to the equalized assessed valuation
19per pupil in weighted average daily attendance of the district
20located at the ninetieth percentile for all districts of the
21same type. The Grant Index for any school district shall be not
22less than .50 and no greater than 1.00. The product of the
23district's Grant Index and the project cost, as determined by
24the Agency Department for approved corrective action, equals
25the amount that shall be expended on behalf of the school. All
26non-public schools shall be eligible for grants in an amount

 

 

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1equal to 50% of the cost of corrective action.
2    In conjunction with the Capital Development Board, the
3Agency Department shall issue grants to schools for corrective
4action. The Capital Development Board shall, in conjunction
5with the schools, contract with a contractor whose name appears
6on the Department's list of approved contractors for the
7corrective action determined necessary according to provisions
8of this Act and the rules promulgated thereunder. All such
9contractors shall be prequalified as may be required by The
10Illinois Purchasing Act. All contracts entered into by the
11schools and the Capital Development Board shall include a
12provision that all work to be conducted under that contract
13shall be undertaken in accordance with this Act and the rules
14promulgated thereunder. The Capital Development Board shall
15exercise general supervision over corrective action financed
16pursuant to the provisions of this Act and the rules
17promulgated thereunder in schools. The Capital Development
18Board shall request an annual appropriation in an amount
19sufficient to cover all expected grants to be awarded in that
20year. For purposes of reimbursement under this Section,
21corrective action means removal, encapsulation or enclosure.
22    A school district may levy a tax in accordance with Section
2317-2.11 of "The School Code" in order to provide local funding
24for corrective action ordered under this Act. A school may use
25federal loans or grants to finance the cost of corrective
26action, but no State funding shall be used to repay any federal

 

 

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1loan received by a school for asbestos abatement projects.
2(Source: P.A. 84-1096.)
 
3    (105 ILCS 105/11)  (from Ch. 122, par. 1411)
4    Sec. 11. Recordkeeping. Each school district shall:
5    (a) Keep a record of each asbestos abatement project that
6is performed in schools; and
7    (b) Make that record available to the Agency Department at
8any reasonable time.
9(Source: P.A. 83-1325.)
 
10    (105 ILCS 105/12a)  (from Ch. 122, par. 1412a)
11    Sec. 12a. Emergency stop work orders. Whenever the Agency
12Department finds that an emergency exists which requires
13immediate action to protect the public health, it may, without
14notice or hearing, issue an order reciting the existence of
15such an emergency and then require that such action be taken as
16it may deem necessary to meet the emergency, including but not
17limited to the issuance of a stop work order and notice to the
18Department for the immediate removal of a contractor or
19contractors from the list provided for in Section 10.
20Notwithstanding any other provision in this Act, such order
21shall be effective immediately. The State's Attorney and
22Sheriff of the county in which the school is located shall
23enforce the order after receiving notice thereof. Any
24contractor affected by such an order is entitled, upon request,

 

 

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1to a hearing as provided for in rules and regulations
2promulgated pursuant to this Act. When such conditions are
3abated, in the opinion of the Agency Department, the Agency
4Department may authorize the reinstitution of the activities
5and shall provide notice to the Department that it may
6authorize the inclusion on the list of contractors of those
7activities and contractors which were the subject of a stop
8work order.
9(Source: P.A. 84-951.)
 
10    (105 ILCS 105/12b)  (from Ch. 122, par. 1412b)
11    Sec. 12b. Civil Penalties. The Board Department is
12empowered to assess civil penalties against a contractor
13inspector, management planner, project designer, supervisor,
14worker, project manager, or air sampling professional for
15violations of this Act and the rules promulgated thereunder,
16pursuant to rules for such penalties established by the Board
17Department.
18(Source: P.A. 86-416.)
 
19    (105 ILCS 105/12c)  (from Ch. 122, par. 1412c)
20    Sec. 12c. Under emergency conditions, an employee of a
21school district may clean or dispose of less than 3 linear feet
22or 3 square feet of friable or non-friable asbestos containing
23material in schools without meeting the definition of an
24"asbestos worker" as defined in this Act, provided the employee

 

 

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1has completed the maximum asbestos awareness program provided
2for in federal law or rules. "Emergency conditions" for the
3purpose of this Section shall mean:
4    1) the facility is without heat, water, gas, or electric;
5or
6    2) the facility is unable to keep outside elements such as
7water from entering the interior of the structure; or
8    3) the dislodging or falling of less than 3 linear feet or
93 square feet of asbestos containing materials.
10    The Board Department may further define, by rule, what
11circumstances constitute an "emergency condition" under this
12Section. The Department may also set forth, by rule, the
13training or awareness program a school employee must meet as a
14prerequisite to conducting of asbestos clean-up or disposal
15pursuant to this Section.
16(Source: P.A. 86-647.)
 
17    (105 ILCS 105/13)  (from Ch. 122, par. 1413)
18    Sec. 13. Federal funding. To the extent that federal funds
19become available for the removal of asbestos from schools and
20subject to any limitations which may be imposed, such federal
21funds shall be used in lieu of State financing of corrective
22actions and for any administrative costs incurred by the Agency
23Department in the administration of this Act.
24(Source: P.A. 83-1325.)
 

 

 

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1    (105 ILCS 105/14)  (from Ch. 122, par. 1414)
2    Sec. 14. Enforcement. Notwithstanding the existence or
3pursuit of any other remedy, the Director may, in the manner
4provided by law, in the name of the People of the State and
5through the Attorney General who shall represent the Director
6in the proceedings, maintain an action for injunction or other
7relief or process against any school, the governing body
8thereof and any other person or unit of local government to
9enforce and compel compliance with the provisions of this Act,
10the rules and regulations promulgated thereunder and any order
11entered for any response action pursuant to this Act and such
12rules and regulations. Enforcement proceedings under this
13Section shall be conducted in accordance with Title VIII of the
14Environmental Protection Act.
15(Source: P.A. 86-416.)
 
16    (105 ILCS 105/16)  (from Ch. 122, par. 1416)
17    Sec. 16. Illinois School Asbestos Abatement Fund. All fees
18and penalties collected by the Agency Department pursuant to
19this Act shall be deposited into the Illinois School Asbestos
20Abatement Fund which is hereby created in the State Treasury.
21Subject to appropriation, all monies deposited in the Illinois
22School Asbestos Abatement Fund under this Act shall be
23available to the Agency Department for its administration of
24this Act and of the federal Asbestos Hazard Emergency Response
25Act of 1986. Subject to appropriation, all moneys deposited in

 

 

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1the Illinois School Asbestos Abatement Fund shall be available
2to the Agency Department of Public Health for administration of
3the Asbestos Abatement Act and the Commercial and Public
4Building Asbestos Abatement Act. The Illinois School Asbestos
5Abatement Fund is not subject to sweeps, administrative charges
6or chargebacks, or any other fiscal or budgetary maneuver that
7would in any way transfer any moneys from the Illinois School
8Asbestos Abatement Fund to any other Fund of the State or in
9the State treasury.
10(Source: P.A. 89-143, eff. 7-14-95.)
 
11    (105 ILCS 105/6c rep.)
12    (105 ILCS 105/10 rep.)
13    (105 ILCS 105/10a rep.)
14    (105 ILCS 105/10b rep.)
15    (105 ILCS 105/15a rep.)
16    Section 80. The Asbestos Abatement Act is amended by
17repealing Sections 6c, 10, 10a, 10b, and 15a.
 
18    Section 85. The Commercial and Public Building Asbestos
19Abatement Act is amended by changing Sections 15, 20, 25, 40,
2055, and 60 as follows:
 
21    (225 ILCS 207/15)
22    Sec. 15. Definitions. As used in this Act:
23    "Agency" means the Illinois Environmental Protection

 

 

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1Agency.
2    "Asbestos abatement contractor" means any entity that
3provides removal, enclosure, encapsulation, or disposal of
4asbestos containing materials.
5    "Asbestos containing building materials" or "ACBM" means
6surfacing asbestos containing materials or ACM, thermal system
7insulation ACM, or miscellaneous ACM that is found in or on
8interior structural members or other parts of a building.
9    "Asbestos" means the asbestiform varieties of chrysotile,
10amosite, crocidolite, tremolite, anthrophyllite, and
11actinolite.
12    "Asbestos inspector" means an individual who performs
13inspections of commercial and public buildings for the presence
14of asbestos containing materials.
15    "Asbestos materials" means any material or product that
16contains more than 1% asbestos.
17    "Asbestos consultant" means a person offering expert or
18professional advice as an asbestos professional or designated
19person.
20    "Asbestos professional" means an individual who is
21licensed by the Department to perform the duties of an
22inspector, management planner, project designer, project
23supervisor, project manager, or air sampling professional, as
24applicable, except project supervisors under the direct employ
25of a licensed asbestos abatement contractor.
26    "Asbestos supervisor" means an asbestos abatement

 

 

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1contractor, foreman, or person designated as the asbestos
2abatement contractor's representative who is responsible for
3the onsite supervision of the removal, encapsulation, or
4enclosure of friable or nonfriable asbestos-containing
5materials in a commercial or public building.
6    "Asbestos worker" means an individual who cleans, removes,
7encapsulates, encloses, hauls, or disposes of friable asbestos
8material.
9    "Board" means the Illinois Pollution Control Board.
10    "Building/facility owner" is the legal entity, including a
11lessee, that exercises control over management and record
12keeping functions relating to a building or facility in which
13activities covered by this standard take place.
14    "Commercial or public building" means the interior space of
15any building, except that the term does not include any
16residential apartment building of fewer than 10 units or
17detached single family homes. The term includes, but is not
18limited to: industrial and office buildings, residential
19apartment buildings and condominiums of 10 or more dwelling
20units, government-owned buildings, colleges, museums,
21airports, hospitals, churches, schools, preschools, stores,
22warehouses, and factories. Interior space includes exterior
23hallways connecting buildings, porticos, and mechanical
24systems used to condition interior space.
25    "Department" means the Department of Public Health.
26    "Designated person" means a person designated by the local

 

 

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1education agency, as defined by the Asbestos Abatement Act, to
2ensure that the management plan has been properly implemented.
3    "Director" means the Director of the Illinois
4Environmental Protection Agency Public Health.
5    "Encapsulation" means the treatment of ACBM with a material
6that surrounds or embeds asbestos fibers in an adhesive matrix
7that prevents the release of fibers as the encapsulant creates
8a membrane over the surfaces (bridging encapsulant) or
9penetrates the material and binds its components together
10(penetrating encapsulant).
11    "Enclosure" means the construction of airtight walls and
12ceilings between the asbestos containing material and the
13building environment, or around surfaces coated with asbestos
14containing materials, or any other appropriate scientific
15procedure as determined by the Agency Department that prevents
16the release of asbestos.
17    "Friable", when referring to material in a commercial or
18public building, means that the material, when dry, may be
19crumbled, pulverized, or reduced to powder by hand pressure and
20includes previously nonfriable materials after such previously
21nonfriable material becomes damaged to the extent that, when
22dry, it may be crumbled, pulverized, or reduced to powder by
23hand pressure.
24    "Inspection" means an activity undertaken in a public or
25commercial building to determine the presence or location, or
26to assess the condition of, friable or nonfriable asbestos

 

 

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1containing building material (ACBM) or suspected ACBM, whether
2by visual or physical examination, or by collecting samples of
3such material.
4    "Nonfriable" means material in a commercial or public
5building which, when dry, may not be crumbled, pulverized, or
6reduced to powder by hand pressure.
7    "Person" means any individual, group of individuals,
8association, trust, partnership, corporation, person doing
9business under an assumed name, or any other entity.
10    "Project designer" means an individual who designs
11response actions for commercial or public buildings.
12    "Response action" means a method, including removal,
13encapsulation, enclosure, repair, operations and maintenance,
14that protects human health and the environment from friable
15ACBM.
16    "Response action contractor" means any entity that engages
17in response action services.
18    "Response action services" means the service of designing
19and conducting removal, encapsulation, enclosure, repair, or
20operations and maintenance of friable asbestos containing
21building materials, inspection of public or commercial
22buildings, and inspection of asbestos containing materials.
23The term does not include the design or conducting of response
24actions that involve removal or possible disturbance of an
25amount of asbestos containing building material comprising
26less than 3 square feet or less than 3 lineal feet of other

 

 

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1friable asbestos containing building material.
2(Source: P.A. 93-894, eff. 8-10-04.)
 
3    (225 ILCS 207/20)
4    Sec. 20. Powers and Duties of the Agency and the Board
5Department.
6    (a) In accordance with Title VII of the Environmental
7Protection Act, and after consultation with the Asbestos
8Advisory Committee as set forth in subsection (h) of Section 59
9of the Environmental Protection Act, the Agency may propose,
10and the Pollution Control Board may adopt, The Department is
11empowered to promulgate any rules necessary to ensure proper
12implementation and administration of this Act, and compliance
13with the federal Asbestos School Hazard Abatement
14Reauthorization Act of 1990.
15    (b) Rules adopted by the Board promulgated by the
16Department shall include, but not be limited to, rules relating
17to the correct and safe performance of response action
18services, and rules for the assessment of civil penalties for
19violations of this Act or rules promulgated under it, and rules
20providing for the training and licensing of persons and firms
21(i) to perform asbestos inspection, (ii) to perform abatement
22work, and (iii) to serve as asbestos abatement contractors,
23response action contractors, and asbestos workers. The Agency
24Department is empowered to inspect activities regulated by this
25Act to ensure compliance.

 

 

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1    Except as otherwise provided by Department rule, on and
2after the effective date of this amendatory Act of the 98th
3General Assembly, any licensing requirement adopted pursuant
4to this Section that may be satisfied by an industrial
5hygienist licensed pursuant to the Industrial Hygienists
6Licensure Act repealed in this amendatory Act may be satisfied
7by a Certified Industrial Hygienist certified by the American
8Board of Industrial Hygiene.
9    (c) (Blank). In carrying out its responsibilities under
10this Act, the Department shall:
11        (1) Publish a list of response action contractors
12    licensed under this Act, except that the Department shall
13    not be required to publish a list of licensed asbestos
14    workers; and
15        (2) Adopt rules for the collection of fees for training
16    course approval and for the licensing of inspectors,
17    project designers, contractors, supervisors, and workers.
18    (d) All rulemaking under this Act shall be conducted in
19accordance with Title VII of the Environmental Protection Act.
20The provisions of the Illinois Administrative Procedure Act are
21hereby expressly adopted and shall apply to all administrative
22rules and procedures of the Department of Public Health under
23this Act, except that in case of conflict between the Illinois
24Administrative Procedure Act and this Act the provisions of
25this Act shall control, and except that Section 5-35 of the
26Illinois Administrative Procedure Act relating to procedures

 

 

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1for rulemaking does not apply to the adoption of any rule
2required by federal law in connection with which the Department
3is precluded by law from exercising any discretion.
4    (e) All final administrative decisions of the Board
5Department under this Act shall be subject to judicial review
6pursuant to the provisions of Title XI of the Environmental
7Protection Act the Administrative Review Law and the rules
8adopted under it. The term "administrative decision" has the
9meaning ascribed to it in Section 3-101 of the Code of Civil
10Procedure.
11    (f) (Blank). The Director, after notice and opportunity for
12hearing to the applicant or license holder, may deny, suspend,
13or revoke a license or expunge such person from the State list
14in any case in which he or she finds that there has been a
15substantial failure to comply with the provisions of this Act
16or the standards or rules established under it. Notice shall be
17provided by certified mail, return receipt requested, or by
18personal service setting forth the particular response for the
19proposed action and fixing a date, not less than 15 days from
20the date of such mailing or service, at which time the
21applicant, asbestos abatement contractor, or license holder
22shall be given an opportunity to request hearing.
23    The hearing shall be conducted by the Director or by an
24individual designated in writing by the Director as Hearing
25Officer to conduct the hearing. On the basis of any such
26hearing, or upon default of the asbestos abatement contractor,

 

 

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1applicant or license holder, the Director shall make a
2determination specifying his or her findings and conclusions. A
3copy of the determination shall be sent by certified mail,
4return receipt requested, or served personally upon the
5applicant, contractor, or license holder.
6    The procedure governing hearings authorized by this
7Section shall be in accordance with rules promulgated by the
8Department. A full and complete record shall be kept of all
9proceedings, including the notice of hearing, complaint, and
10all other documents in the nature of pleadings, written motions
11filed in the proceedings, and the report and orders of the
12Director and Hearing Officer. All testimony shall be reported
13but need not be transcribed unless the decision is sought to be
14reviewed under the Administrative Review Law. A copy or copies
15of the transcript may be obtained by any interested party on
16payment of the cost of preparing the copy or copies. The
17Director or Hearing Officer shall, upon his or her own motion
18or on the written request of any party to the proceeding, issue
19subpoenas requiring the attendance and the giving of testimony
20by witnesses, and subpoenas duces tecum requiring the
21production of books, papers, records, or memoranda. All
22subpoenas and subpoenas duces tecum issued under this Act may
23be served by any person of legal age. The fees of witnesses for
24attendance and travel shall be the same as the fees of
25witnesses before the courts of this State, such fees to be paid
26when the witness is excused from further attendance. When the

 

 

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1witness is subpoenaed at the instance of the Director or
2Hearing Officer, such fees shall be paid in the same manner as
3other expenses of the Department, and when the witness is
4subpoenaed at the instance of any other party to any such
5proceeding the Department may require that the cost of service
6of the subpoena or subpoena duces tecum and the fee of the
7witness be borne by the party at whose instance the witness is
8summoned. In such case, the Department in its discretion may
9require a deposit to cover the cost of such service and witness
10fees. A subpoena or subpoena duces tecum so issued as above
11stated shall be served in the same manner as a subpoena issued
12by a circuit court.
13    Any circuit court of this State, upon the application of
14the Director, or upon the application of any other party to the
15proceeding, may, in its discretion, compel the attendance of
16witnesses, the production of books, papers, records, or
17memoranda and the giving of testimony before the Director or
18Hearing Officer conducting an investigation or holding a
19hearing authorized by this Act, by an attachment for contempt
20or otherwise, in the same manner as production of evidence may
21be compelled before the court.
22    The Director or Hearing Officer, or any party in an
23investigation or hearing before the Department, may cause the
24depositions of witnesses within this State to be taken in the
25manner prescribed by law for like depositions in civil actions
26in courts of this State, and, to that end, compel the

 

 

SB1807- 40 -LRB099 09618 JWD 29827 b

1attendance of witnesses and the production of books, papers,
2records, or memoranda.
3(Source: P.A. 98-78, eff. 7-15-13.)
 
4    (225 ILCS 207/25)
5    Sec. 25. Consistency with federal law. Rules issued under
6this Act, including those governing the preparation of a list
7of response action contractors and the removal of response
8action contractors from the list as provided for in Section 20,
9shall not be inconsistent with rules and regulations
10promulgated by the United States Environmental Protection
11Agency under the Toxic Substances Control Act, the Clean Air
12Act, or other applicable federal statutes.
13(Source: P.A. 89-143, eff. 7-14-95.)
 
14    (225 ILCS 207/40)
15    Sec. 40. Enforcement. Notwithstanding the existence or
16pursuit of any other remedy, the Director may, in the manner
17provided by law and in the name of the People of the State and
18through the State's Attorney or the Attorney General who shall
19represent the Director in the proceedings, maintain an action
20for prosecution, injunction, or other relief or process against
21any Building/Facility Owner or any other person or unit of
22local government to enforce and compel compliance with the
23provisions of this Act, the rules promulgated under it and any
24order entered for any action under this Act and its rules.

 

 

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1Enforcement proceedings under this Section shall be conducted
2in accordance with Title VIII of the Environmental Protection
3Act. A person who violates this Act is guilty of a Class A
4misdemeanor punishable by a fine of $1,000 for each day the
5violation exists in addition to other civil penalties or up to
66 months imprisonment or both a fine and imprisonment.
7(Source: P.A. 89-143, eff. 7-14-95.)
 
8    (225 ILCS 207/55)
9    Sec. 55. Civil penalties. The Board Department is empowered
10to assess civil penalties for violations of this Act and the
11rules promulgated under this Act pursuant to rules for such
12penalties established by the Board Department.
13(Source: P.A. 89-143, eff. 7-14-95.)
 
14    (225 ILCS 207/60)
15    Sec. 60. Illinois School Asbestos Abatement Fund. All fees
16and penalties collected by the Agency Department pursuant to
17this Act shall be deposited into the Illinois School Asbestos
18Abatement Fund created by Section 16 of the Asbestos Abatement
19Act, and shall be available to the Agency Department for the
20administration of the Asbestos Abatement Act and this Act as
21provided in that Act.
22(Source: P.A. 89-143, eff. 7-14-95.)
 
23    (225 ILCS 207/30 rep.)

 

 

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1    (225 ILCS 207/35 rep.)
2    (225 ILCS 207/45 rep.)
3    Section 90. The Commercial and Public Building Asbestos
4Abatement Act is amended by repealing Sections 30, 35, and 45.
 
5    Section 95. The Environmental Protection Act is amended by
6adding Sections 4, 5, 28, and 59 as follows:
 
7    (415 ILCS 5/4)  (from Ch. 111 1/2, par. 1004)
8    Sec. 4. Environmental Protection Agency; establishment;
9duties.
10    (a) There is established in the Executive Branch of the
11State Government an agency to be known as the Environmental
12Protection Agency. This Agency shall be under the supervision
13and direction of a Director who shall be appointed by the
14Governor with the advice and consent of the Senate. The term of
15office of the Director shall expire on the third Monday of
16January in odd numbered years, provided that he or she shall
17hold office until a successor is appointed and has qualified.
18The Director shall receive an annual salary as set by the
19Compensation Review Board. The Director, in accord with the
20Personnel Code, shall employ and direct such personnel, and
21shall provide for such laboratory and other facilities, as may
22be necessary to carry out the purposes of this Act. In
23addition, the Director may by agreement secure such services as
24he or she may deem necessary from any other department, agency,

 

 

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1or unit of the State Government, and may employ and compensate
2such consultants and technical assistants as may be required.
3    (b) The Agency shall have the duty to collect and
4disseminate such information, acquire such technical data, and
5conduct such experiments as may be required to carry out the
6purposes of this Act, including ascertainment of the quantity
7and nature of discharges from any contaminant source and data
8on those sources, and to operate and arrange for the operation
9of devices for the monitoring of environmental quality.
10    (c) The Agency shall have authority to conduct a program of
11continuing surveillance and of regular or periodic inspection
12of actual or potential contaminant or noise sources, of public
13water supplies, and of refuse disposal sites.
14    (d) In accordance with constitutional limitations, the
15Agency shall have authority to enter at all reasonable times
16upon any private or public property for the purpose of:
17        (1) Inspecting and investigating to ascertain possible
18    violations of this Act, any rule or regulation adopted
19    under this Act, any permit or term or condition of a
20    permit, or any Board order; or
21        (2) In accordance with the provisions of this Act,
22    taking whatever preventive or corrective action, including
23    but not limited to removal or remedial action, that is
24    necessary or appropriate whenever there is a release or a
25    substantial threat of a release of (A) a hazardous
26    substance or pesticide or (B) petroleum from an underground

 

 

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1    storage tank.
2    (e) The Agency shall have the duty to investigate
3violations of this Act, any rule or regulation adopted under
4this Act, any permit or term or condition of a permit, or any
5Board order; to issue administrative citations as provided in
6Section 31.1 of this Act; and to take such summary enforcement
7action as is provided for by Section 34 of this Act.
8    (f) The Agency shall appear before the Board in any hearing
9upon a petition for variance, the denial of a permit, or the
10validity or effect of a rule or regulation of the Board, and
11shall have the authority to appear before the Board in any
12hearing under the Act.
13    (g) The Agency shall have the duty to administer, in accord
14with Title X of this Act, such permit and certification systems
15as may be established by this Act or by regulations adopted
16thereunder. The Agency may enter into written delegation
17agreements with any department, agency, or unit of State or
18local government under which all or portions of this duty may
19be delegated for public water supply storage and transport
20systems, sewage collection and transport systems, air
21pollution control sources with uncontrolled emissions of 100
22tons per year or less and application of algicides to waters of
23the State. Such delegation agreements will require that the
24work to be performed thereunder will be in accordance with
25Agency criteria, subject to Agency review, and shall include
26such financial and program auditing by the Agency as may be

 

 

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1required.
2    (h) The Agency shall have authority to require the
3submission of complete plans and specifications from any
4applicant for a permit required by this Act or by regulations
5thereunder, and to require the submission of such reports
6regarding actual or potential violations of this Act, any rule
7or regulation adopted under this Act, any permit or term or
8condition of a permit, or any Board order, as may be necessary
9for the purposes of this Act.
10    (i) The Agency shall have authority to make recommendations
11to the Board for the adoption of regulations under Title VII of
12the Act.
13    (i-5) The Agency shall have authority to make
14recommendations to the Board for the adoption of regulations
15under Title VII of this Act to fulfill the purposes of the
16Asbestos Abatement Act and the Commercial and Public Buildings
17Asbestos Abatement Act.
18    (j) The Agency shall have the duty to represent the State
19of Illinois in any and all matters pertaining to plans,
20procedures, or negotiations for interstate compacts or other
21governmental arrangements relating to environmental
22protection.
23    (k) The Agency shall have the authority to accept, receive,
24and administer on behalf of the State any grants, gifts, loans,
25indirect cost reimbursements, or other funds made available to
26the State from any source for purposes of this Act or for air

 

 

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1or water pollution control, public water supply, solid waste
2disposal, noise abatement, or other environmental protection
3activities, surveys, or programs. Any federal funds received by
4the Agency pursuant to this subsection shall be deposited in a
5trust fund with the State Treasurer and held and disbursed by
6him in accordance with Treasurer as Custodian of Funds Act,
7provided that such monies shall be used only for the purposes
8for which they are contributed and any balance remaining shall
9be returned to the contributor.
10    The Agency is authorized to promulgate such regulations and
11enter into such contracts as it may deem necessary for carrying
12out the provisions of this subsection.
13    (l) The Agency is hereby designated as water pollution
14agency for the state for all purposes of the Federal Water
15Pollution Control Act, as amended; as implementing agency for
16the State for all purposes of the Safe Drinking Water Act,
17Public Law 93-523, as now or hereafter amended, except Section
181425 of that Act; as air pollution agency for the state for all
19purposes of the Clean Air Act of 1970, Public Law 91-604,
20approved December 31, 1970, as amended; and as solid waste
21agency for the state for all purposes of the Solid Waste
22Disposal Act, Public Law 89-272, approved October 20, 1965, and
23amended by the Resource Recovery Act of 1970, Public Law
2491-512, approved October 26, 1970, as amended, and amended by
25the Resource Conservation and Recovery Act of 1976, (P.L.
2694-580) approved October 21, 1976, as amended; as noise control

 

 

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1agency for the state for all purposes of the Noise Control Act
2of 1972, Public Law 92-574, approved October 27, 1972, as
3amended; and as implementing agency for the State for all
4purposes of the Comprehensive Environmental Response,
5Compensation, and Liability Act of 1980 (P.L. 96-510), as
6amended; and otherwise as pollution control agency for the
7State pursuant to federal laws integrated with the foregoing
8laws, for financing purposes or otherwise. The Agency is hereby
9authorized to take all action necessary or appropriate to
10secure to the State the benefits of such federal Acts, provided
11that the Agency shall transmit to the United States without
12change any standards adopted by the Pollution Control Board
13pursuant to Section 5(c) of this Act. This subsection (l) of
14Section 4 shall not be construed to bar or prohibit the
15Environmental Protection Trust Fund Commission from accepting,
16receiving, and administering on behalf of the State any grants,
17gifts, loans or other funds for which the Commission is
18eligible pursuant to the Environmental Protection Trust Fund
19Act. The Agency is hereby designated as the State agency for
20all purposes of administering the requirements of Section 313
21of the federal Emergency Planning and Community Right-to-Know
22Act of 1986.
23    Any municipality, sanitary district, or other political
24subdivision, or any Agency of the State or interstate Agency,
25which makes application for loans or grants under such federal
26Acts shall notify the Agency of such application; the Agency

 

 

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1may participate in proceedings under such federal Acts.
2    (m) The Agency shall have authority, consistent with
3Section 5(c) and other provisions of this Act, and for purposes
4of Section 303(e) of the Federal Water Pollution Control Act,
5as now or hereafter amended, to engage in planning processes
6and activities and to develop plans in cooperation with units
7of local government, state agencies and officers, and other
8appropriate persons in connection with the jurisdiction or
9duties of each such unit, agency, officer or person. Public
10hearings shall be held on the planning process, at which any
11person shall be permitted to appear and be heard, pursuant to
12procedural regulations promulgated by the Agency.
13    (n) In accordance with the powers conferred upon the Agency
14by Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the
15Agency shall have authority to establish and enforce minimum
16standards for the operation of laboratories relating to
17analyses and laboratory tests for air pollution, water
18pollution, noise emissions, contaminant discharges onto land
19and sanitary, chemical, and mineral quality of water
20distributed by a public water supply. The Agency may enter into
21formal working agreements with other departments or agencies of
22state government under which all or portions of this authority
23may be delegated to the cooperating department or agency.
24    (o) The Agency shall have the authority to issue
25certificates of competency to persons and laboratories meeting
26the minimum standards established by the Agency in accordance

 

 

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1with Section 4(n) of this Act and to promulgate and enforce
2regulations relevant to the issuance and use of such
3certificates. The Agency may enter into formal working
4agreements with other departments or agencies of state
5government under which all or portions of this authority may be
6delegated to the cooperating department or agency.
7    (p) Except as provided in Section 17.7, the Agency shall
8have the duty to analyze samples as required from each public
9water supply to determine compliance with the contaminant
10levels specified by the Pollution Control Board. The maximum
11number of samples which the Agency shall be required to analyze
12for microbiological quality shall be 6 per month, but the
13Agency may, at its option, analyze a larger number each month
14for any supply. Results of sample analyses for additional
15required bacteriological testing, turbidity, residual chlorine
16and radionuclides are to be provided to the Agency in
17accordance with Section 19. Owners of water supplies may enter
18into agreements with the Agency to provide for reduced Agency
19participation in sample analyses.
20    (q) The Agency shall have the authority to provide notice
21to any person who may be liable pursuant to Section 22.2(f) of
22this Act for a release or a substantial threat of a release of
23a hazardous substance or pesticide. Such notice shall include
24the identified response action and an opportunity for such
25person to perform the response action.
26    (r) The Agency may enter into written delegation agreements

 

 

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1with any unit of local government under which it may delegate
2all or portions of its inspecting, investigating and
3enforcement functions. Such delegation agreements shall
4require that work performed thereunder be in accordance with
5Agency criteria and subject to Agency review. Notwithstanding
6any other provision of law to the contrary, no unit of local
7government shall be liable for any injury resulting from the
8exercise of its authority pursuant to such a delegation
9agreement unless the injury is proximately caused by the
10willful and wanton negligence of an agent or employee of the
11unit of local government, and any policy of insurance coverage
12issued to a unit of local government may provide for the denial
13of liability and the nonpayment of claims based upon injuries
14for which the unit of local government is not liable pursuant
15to this subsection (r).
16    (s) The Agency shall have authority to take whatever
17preventive or corrective action is necessary or appropriate,
18including but not limited to expenditure of monies appropriated
19from the Build Illinois Bond Fund and the Build Illinois
20Purposes Fund for removal or remedial action, whenever any
21hazardous substance or pesticide is released or there is a
22substantial threat of such a release into the environment. The
23State, the Director, and any State employee shall be
24indemnified for any damages or injury arising out of or
25resulting from any action taken under this subsection. The
26Director of the Agency is authorized to enter into such

 

 

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1contracts and agreements as are necessary to carry out the
2Agency's duties under this subsection.
3    (t) The Agency shall have authority to distribute grants,
4subject to appropriation by the General Assembly, to units of
5local government for financing and construction of wastewater
6facilities in both incorporated and unincorporated areas. With
7respect to all monies appropriated from the Build Illinois Bond
8Fund and the Build Illinois Purposes Fund for wastewater
9facility grants, the Agency shall make distributions in
10conformity with the rules and regulations established pursuant
11to the Anti-Pollution Bond Act, as now or hereafter amended.
12    (u) Pursuant to the Illinois Administrative Procedure Act,
13the Agency shall have the authority to adopt such rules as are
14necessary or appropriate for the Agency to implement Section
1531.1 of this Act.
16    (v) (Blank.)
17    (w) Neither the State, nor the Director, nor the Board, nor
18any State employee shall be liable for any damages or injury
19arising out of or resulting from any action taken under
20subsection (s).
21    (x)(1) The Agency shall have authority to distribute
22    grants, subject to appropriation by the General Assembly,
23    to units of local government for financing and construction
24    of public water supply facilities. With respect to all
25    monies appropriated from the Build Illinois Bond Fund or
26    the Build Illinois Purposes Fund for public water supply

 

 

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1    grants, such grants shall be made in accordance with rules
2    promulgated by the Agency. Such rules shall include a
3    requirement for a local match of 30% of the total project
4    cost for projects funded through such grants.
5        (2) The Agency shall not terminate a grant to a unit of
6    local government for the financing and construction of
7    public water supply facilities unless and until the Agency
8    adopts rules that set forth precise and complete standards,
9    pursuant to Section 5-20 of the Illinois Administrative
10    Procedure Act, for the termination of such grants. The
11    Agency shall not make determinations on whether specific
12    grant conditions are necessary to ensure the integrity of a
13    project or on whether subagreements shall be awarded, with
14    respect to grants for the financing and construction of
15    public water supply facilities, unless and until the Agency
16    adopts rules that set forth precise and complete standards,
17    pursuant to Section 5-20 of the Illinois Administrative
18    Procedure Act, for making such determinations. The Agency
19    shall not issue a stop-work order in relation to such
20    grants unless and until the Agency adopts precise and
21    complete standards, pursuant to Section 5-20 of the
22    Illinois Administrative Procedure Act, for determining
23    whether to issue a stop-work order.
24    (y) The Agency shall have authority to release any person
25from further responsibility for preventive or corrective
26action under this Act following successful completion of

 

 

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1preventive or corrective action undertaken by such person upon
2written request by the person.
3    (z) To the extent permitted by any applicable federal law
4or regulation, for all work performed for State construction
5projects which are funded in whole or in part by a capital
6infrastructure bill enacted by the 96th General Assembly by
7sums appropriated to the Environmental Protection Agency, at
8least 50% of the total labor hours must be performed by actual
9residents of the State of Illinois. For purposes of this
10subsection, "actual residents of the State of Illinois" means
11persons domiciled in the State of Illinois. The Department of
12Labor shall promulgate rules providing for the enforcement of
13this subsection.
14    (aa) The Agency may adopt rules requiring the electronic
15submission of any information required to be submitted to the
16Agency pursuant to any State or federal law or regulation or
17any court or Board order. Any rules adopted under this
18subsection (aa) must include, but are not limited to,
19identification of the information to be submitted
20electronically.
21(Source: P.A. 98-72, eff. 7-15-13.)
 
22    (415 ILCS 5/5)  (from Ch. 111 1/2, par. 1005)
23    Sec. 5. Pollution Control Board.
24    (a) There is hereby created an independent board to be
25known as the Pollution Control Board.

 

 

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1    Until July 1, 2003 or when all of the new members to be
2initially appointed under this amendatory Act of the 93rd
3General Assembly have been appointed by the Governor, whichever
4occurs later, the Board shall consist of 7 technically
5qualified members, no more than 4 of whom may be of the same
6political party, to be appointed by the Governor with the
7advice and consent of the Senate.
8    The term of each appointed member of the Board who is in
9office on June 30, 2003 shall terminate at the close of
10business on that date or when all of the new members to be
11initially appointed under this amendatory Act of the 93rd
12General Assembly have been appointed by the Governor, whichever
13occurs later.
14    Beginning on July 1, 2003 or when all of the new members to
15be initially appointed under this amendatory Act of the 93rd
16General Assembly have been appointed by the Governor, whichever
17occurs later, the Board shall consist of 5 technically
18qualified members, no more than 3 of whom may be of the same
19political party, to be appointed by the Governor with the
20advice and consent of the Senate. Members shall have verifiable
21technical, academic, or actual experience in the field of
22pollution control or environmental law and regulation.
23    Of the members initially appointed pursuant to this
24amendatory Act of the 93rd General Assembly, one shall be
25appointed for a term ending July 1, 2004, 2 shall be appointed
26for terms ending July 1, 2005, and 2 shall be appointed for

 

 

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1terms ending July 1, 2006. Thereafter, all members shall hold
2office for 3 years from the first day of July in the year in
3which they were appointed, except in case of an appointment to
4fill a vacancy. In case of a vacancy in the office when the
5Senate is not in session, the Governor may make a temporary
6appointment until the next meeting of the Senate, when he or
7she shall nominate some person to fill such office; and any
8person so nominated, who is confirmed by the Senate, shall hold
9the office during the remainder of the term.
10    Members of the Board shall hold office until their
11respective successors have been appointed and qualified. Any
12member may resign from office, such resignation to take effect
13when a successor has been appointed and has qualified.
14    Board members shall be paid $37,000 per year or an amount
15set by the Compensation Review Board, whichever is greater, and
16the Chairman shall be paid $43,000 per year or an amount set by
17the Compensation Review Board, whichever is greater. Each
18member shall devote his or her entire time to the duties of the
19office, and shall hold no other office or position of profit,
20nor engage in any other business, employment, or vocation. Each
21member shall be reimbursed for expenses necessarily incurred
22and shall make a financial disclosure upon appointment.
23    Each Board member may employ one secretary and one
24assistant, and the Chairman one secretary and 2 assistants. The
25Board also may employ and compensate hearing officers to
26preside at hearings under this Act, and such other personnel as

 

 

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1may be necessary. Hearing officers shall be attorneys licensed
2to practice law in Illinois.
3    The Board may have an Executive Director; if so, the
4Executive Director shall be appointed by the Governor with the
5advice and consent of the Senate. The salary and duties of the
6Executive Director shall be fixed by the Board.
7    The Governor shall designate one Board member to be
8Chairman, who shall serve at the pleasure of the Governor.
9    The Board shall hold at least one meeting each month and
10such additional meetings as may be prescribed by Board rules.
11In addition, special meetings may be called by the Chairman or
12by any 2 Board members, upon delivery of 24 hours written
13notice to the office of each member. All Board meetings shall
14be open to the public, and public notice of all meetings shall
15be given at least 24 hours in advance of each meeting. In
16emergency situations in which a majority of the Board certifies
17that exigencies of time require the requirements of public
18notice and of 24 hour written notice to members may be
19dispensed with, and Board members shall receive such notice as
20is reasonable under the circumstances.
21    If there is no vacancy on the Board, 4 members of the Board
22shall constitute a quorum to transact business; otherwise, a
23majority of the Board shall constitute a quorum to transact
24business, and no vacancy shall impair the right of the
25remaining members to exercise all of the powers of the Board.
26Every action approved by a majority of the members of the Board

 

 

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1shall be deemed to be the action of the Board. The Board shall
2keep a complete and accurate record of all its meetings.
3    (b) The Board shall determine, define and implement the
4environmental control standards applicable in the State of
5Illinois and may adopt rules and regulations in accordance with
6Title VII of this Act.
7    (b-5) The Board may adopt rules and regulations in
8accordance with Title VII of this Act as needed to fulfill the
9purposes of the Asbestos Abatement Act and the Commercial and
10Public Buildings Asbestos Abatement Act.
11    (c) The Board shall have authority to act for the State in
12regard to the adoption of standards for submission to the
13United States under any federal law respecting environmental
14protection. Such standards shall be adopted in accordance with
15Title VII of the Act and upon adoption shall be forwarded to
16the Environmental Protection Agency for submission to the
17United States pursuant to subsections (l) and (m) of Section 4
18of this Act. Nothing in this paragraph shall limit the
19discretion of the Governor to delegate authority granted to the
20Governor under any federal law.
21    (d) The Board shall have authority to conduct proceedings
22upon complaints charging violations of this Act, any rule or
23regulation adopted under this Act, any permit or term or
24condition of a permit, or any Board order; upon administrative
25citations; upon petitions for variances or adjusted standards;
26upon petitions for review of the Agency's final determinations

 

 

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1on permit applications in accordance with Title X of this Act;
2upon petitions to remove seals under Section 34 of this Act;
3and upon other petitions for review of final determinations
4which are made pursuant to this Act or Board rule and which
5involve a subject which the Board is authorized to regulate.
6The Board may also conduct other proceedings as may be provided
7by this Act or any other statute or rule.
8    (e) In connection with any proceeding pursuant to
9subsection (b) or (d) of this Section, the Board may subpoena
10and compel the attendance of witnesses and the production of
11evidence reasonably necessary to resolution of the matter under
12consideration. The Board shall issue such subpoenas upon the
13request of any party to a proceeding under subsection (d) of
14this Section or upon its own motion.
15    (f) The Board may prescribe reasonable fees for permits
16required pursuant to this Act. Such fees in the aggregate may
17not exceed the total cost to the Agency for its inspection and
18permit systems. The Board may not prescribe any permit fees
19which are different in amount from those established by this
20Act.
21(Source: P.A. 95-331, eff. 8-21-07.)
 
22    (415 ILCS 5/28)  (from Ch. 111 1/2, par. 1028)
23    Sec. 28. Proposal of regulations; procedure.
24    (a) Any person may present written proposals for the
25adoption, amendment, or repeal of the Board's regulations, and

 

 

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1the Board may make such proposals on its own motion. If the
2Board finds that any such proposal is supported by an adequate
3statement of reasons, is accompanied by a petition signed by at
4least 200 persons, is not plainly devoid of merit and does not
5deal with a subject on which a hearing has been held within the
6preceding 6 months, the Board shall schedule a public hearing
7for consideration of the proposal. If such proposal is made by
8the Agency or by the Department, the Board shall schedule a
9public hearing without regard to the above conditions. The
10Board may hold one or more hearings to consider both the merits
11and the economics of the proposal. The Board may also in its
12discretion schedule a public hearing upon any proposal without
13regard to the above conditions.
14    No substantive regulation shall be adopted, amended, or
15repealed until after a public hearing within the area of the
16State concerned. In the case of state-wide regulations hearings
17shall be held in at least two areas. At least 20 days prior to
18the scheduled date of the hearing the Board shall give notice
19of such hearing by public advertisement in a newspaper of
20general circulation in the area of the state concerned of the
21date, time, place and purpose of such hearing; give written
22notice to any person in the area concerned who has in writing
23requested notice of public hearings; and make available to any
24person upon request copies of the proposed regulations,
25together with summaries of the reasons supporting their
26adoption.

 

 

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1    Any public hearing relating to the adoption, amendment, or
2repeal of Board regulations under this subsection shall be held
3before a qualified hearing officer, who shall be attended by at
4least one member of the Board, designated by the Chairman. All
5such hearings shall be open to the public, and reasonable
6opportunity to be heard with respect to the subject of the
7hearing shall be afforded to any person. All testimony taken
8before the Board shall be recorded stenographically. The
9transcript so recorded, and any written submissions to the
10Board in relation to such hearings, shall be open to public
11inspection, and copies thereof shall be made available to any
12person upon payment of the actual cost of reproducing the
13original.
14    After such hearing the Board may revise the proposed
15regulations before adoption in response to suggestions made at
16the hearing, without conducting a further hearing on the
17revisions.
18    In addition, the Board may revise the proposed regulations
19after hearing in response to objections or suggestions made by
20the Joint Committee on Administrative Rules pursuant to
21subsection (b) of Section 5-40 and subsection (a) of Section
225-110 of the Illinois Administrative Procedure Act, where the
23Board finds (1) that such objections or suggestions relate to
24the statutory authority upon which the regulation is based,
25whether the regulation is in proper form, or whether adequate
26notice was given, and (2) that the record before the Board is

 

 

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1sufficient to support such a change without further hearing.
2    Any person heard or represented at a hearing or requesting
3notice shall be given written notice of the action of the Board
4with respect to the subject thereof.
5    No rule or regulation, or amendment or repeal thereof,
6shall become effective until a certified copy thereof has been
7filed with the Secretary of State, and thereafter as provided
8in the Illinois Administrative Procedure Act as amended.
9    Any person who files a petition for adoption of a
10regulation specific to that person shall pay a filing fee.
11    (b) The Board shall not, on its own motion, propose
12regulations pursuant to subsection (a) of this Section or
13Sections 28.2, 28.4 or 28.5 of this Act to implement the
14provisions required by or related to the Clean Air Act
15Amendments of 1990, as now or hereafter amended. However,
16nothing herein shall preclude the Board from, on its own
17motion:
18        (1) making technical corrections to adopted rules
19    pursuant to Section 100.240 of Title 1 of the Illinois
20    Administrative Code;
21        (2) modifying a proposed rule following receipt of
22    comments, objections, or suggestions without agreement of
23    the proponent after the end of the hearing and comment
24    period;
25        (3) initiating procedural rulemaking in accordance
26    with Section 26 of this Act; or

 

 

SB1807- 62 -LRB099 09618 JWD 29827 b

1        (4) initiating rulemaking necessitated by a court
2    order directed to the Board.
3(Source: P.A. 87-860; 87-1213; 88-45.)
 
4    (415 ILCS 5/59 new)
5    Sec. 59. Asbestos Abatement Act; Commercial and Public
6Buildings Asbestos Abatement Act.
7    (a) On July 1, 2015, all powers, duties, rights, and
8responsibilities of the Department of Public Health and the
9Director of Public Health under the Asbestos Abatement Act and
10the Commercial and Public Buildings Asbestos Abatement Act,
11other than those related to the licensure of persons and
12entities to perform the functions regulated by those Acts, are
13transferred to the Illinois Environmental Protection Agency
14and the Director of the Illinois Environmental Protection
15Agency. In the context of any laws or rules needed to implement
16or enforce the non-licensing related provisions of either the
17Asbestos Abatement Act or the Commercial and Public Buildings
18Asbestos Abatement Act, including, but not limited to, Part 855
19of Title 77 of the Illinois Administrative Code, on and after
20July 1, 2015, all references to the Department of Public Health
21shall be construed to mean the Illinois Environmental
22Protection Agency, and all references to the Director of Public
23Health shall be construed to mean the Director of the Illinois
24Environmental Protection Agency.
25    (b) Those employees of the Department of Public Health

 

 

SB1807- 63 -LRB099 09618 JWD 29827 b

1needed to administer either the Asbestos Abatement Act or the
2Commercial and Public Buildings Asbestos Abatement Act, other
3than those employees who perform work related to the licensure
4of persons and entities to perform the functions regulated by
5those Acts, shall be transferred to the Illinois Environmental
6Protection Agency. The status and rights of such employees
7under the Personnel Code shall not be affected by the transfer.
8The rights of the employees and the State of Illinois and its
9agencies under the Personnel Code and applicable collective
10bargaining agreements or under any pension, retirement, or
11annuity plan shall not be affected by this amendatory Act of
12the 99th General Assembly.
13    (c) All books, records, papers, documents, property (real
14and personal), contracts, causes of action, and pending
15business pertaining to the powers, duties, rights, and
16responsibilities transferred by this amendatory Act from the
17Department of Public Health to the Illinois Environmental
18Protection Agency, including, but not limited to, material in
19electronic or magnetic format and necessary computer hardware
20and software, shall be transferred to the Illinois
21Environmental Protection Agency.
22    (d) All unexpended appropriations and balances and other
23funds available for use by the Department of Public Health for
24the administration of the Asbestos Abatement Act or the
25Commercial and Public Buildings Asbestos Abatement Act shall be
26transferred for use by the Illinois Environmental Protection

 

 

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1Agency pursuant to the direction of the Director of the
2Illinois Environmental Protection Agency. Unexpended balances
3so transferred shall be expended only for the purpose for which
4the appropriations were originally made.
5    (e) Whenever reports or notices are now required to be made
6or given or papers or documents furnished or served by any
7person to or upon the Department of Public Health in connection
8with any of the powers, duties, rights, and responsibilities
9transferred by this amendatory Act of the 99th General
10Assembly, the same shall be made, given, furnished, or served
11in the same manner to or upon the Illinois Environmental
12Protection Agency.
13    (f) This amendatory Act of the 99th General Assembly does
14not affect any act done, ratified, or canceled or any right
15occurring or established or any action or proceeding had or
16commenced in an administrative, civil, or criminal cause by the
17Department of Public Health before this amendatory Act of the
1899th General Assembly takes effect; such actions or proceedings
19may be prosecuted and continued by the Illinois Environmental
20Protection Agency.
21    (g) Any rules of the Department of Public Health in
22connection with any of the non-licensing related powers,
23duties, rights, and responsibilities transferred by this
24amendatory Act of the 99th General Assembly and that are in
25full force on the effective date of this amendatory Act of the
2699th General Assembly shall become the rules of the Illinois

 

 

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1Pollution Control Board. This amendatory Act of the 99th
2General Assembly does not affect the legality of any such rules
3in the Illinois Administrative Code.
4    Any proposed rules filed with the Secretary of State by the
5Department of Public Health in connection with any of the
6non-licensing related powers, duties, rights, and
7responsibilities transferred by this amendatory Act of the 99th
8General Assembly that are pending in the rulemaking process on
9the effective date of this amendatory Act of the 99th General
10Assembly and pertain to the non-licensing related powers,
11duties, rights, and responsibilities transferred, shall be
12deemed to have been filed by the Illinois Environmental
13Protection Agency.
14    As soon as practicable after the effective date of this
15amendatory Act of the 99th General Assembly, the Illinois
16Environmental Protection Agency shall review, revise and
17clarify the rules transferred to it under this amendatory Act
18of the 99th General Assembly to reflect the reorganization of
19powers, duties, rights, and responsibilities affected by this
20amendatory Act of the 99th General Assembly, using the
21procedures for recodification of rules available under the
22Illinois Administrative Procedure Act, except that existing
23title, part, and section numbering for the affected rules may
24be retained. In so doing, the Illinois Environmental Protection
25Agency shall ensure that a single set of standards apply to all
26parties similarly situated.

 

 

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1    Under no circumstances shall this process, or the
2re-codification of rules provided for under this subsection
3(g), allow for the weakening of protection from asbestos
4exposure or increase the risk to human health or the
5environment therefrom.
6    (h) Asbestos Advisory Committee.
7        (1) There is created the Asbestos Advisory Committee,
8    composed of the following members appointed by the
9    Governor:
10            (A) one member recommended by the Illinois Chamber
11        of Commerce;
12            (B) one member recommended by the Illinois
13        Association of Realtors;
14            (C) one member recommended by the Illinois
15        Municipal League;
16            (D) one member recommended by the Illinois
17        Statewide School Management Alliance;
18            (E) one member recommended by the Illinois
19        Specialty and Mechanical Contractors Association;
20            (F) one member recommended by the Chicago Local
21        Section of the American Industrial Hygiene
22        Association;
23            (G) one member recommended by the Illinois
24        Environmental Contractors Association;
25            (H) one member recommended by the American
26        Federation of Labor and Congress of Industrial

 

 

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1        Organizations (AFL–CIO);
2            (I) one member recommended by the Illinois Chapter
3        of the American Institute of Architects;
4            (J) one member employed by an Illinois-based
5        business providing asbestos consulting services;
6            (K) one member employed by an Illinois-based
7        business providing Illinois-approved asbestos training
8        courses;
9            (L) one member recommended by the Heat and Frost
10        Insulators and Asbestos Workers Union;
11            (M) one member recommended by the Illinois Pipe
12        Trades Association; and
13            (N) one member recommended by the Laborers
14        International Union of North America.
15        Administrative support shall be provided to the
16    Committee by the Environmental Protection Agency.
17        (2) The members of the Committee shall be appointed for
18    terms of 4 years, and may be reappointed; appointments to
19    fill vacancies shall be for the balance of the current
20    term. Members shall serve without compensation, but may be
21    reimbursed for actual expenses from funds appropriated for
22    that purpose. Members shall elect annually from their
23    number a chairperson and such other officers as they may
24    deem necessary. The Committee shall meet at least annually
25    and at the call of the chairperson.
26        (3) The Committee shall:

 

 

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1            (A) review, evaluate, and make recommendations to
2        the Director of the Environmental Protection Agency
3        regarding laws, rules, and procedures related to
4        asbestos remediation;
5            (B) review, evaluate, and make recommendations to
6        the Director of Public Health regarding the training
7        and licensing of persons and entities to engage in
8        asbestos remediation;
9            (C) make recommendations to the Director of the
10        Environmental Protection Agency relating to the
11        efforts to implement this Section, together with the
12        changes in this amendatory Act of the 99th General
13        Assembly to the Asbestos Abatement Act and the
14        Commercial and Public Buildings Act; and
15            (D) make recommendations to the Director of Public
16        Health relating to the efforts to implement this
17        Section and the Asbestos Occupations Licensure Act,
18        together with the changes in this amendatory Act of the
19        99th General Assembly to the Asbestos Abatement Act and
20        the Commercial and Public Buildings Act.
21    (i) On and after the effective date of this amendatory Act
22of the 99th General Assembly, except for those functions
23expressly provided for in the Asbestos Occupations Licensure
24Act, all rulemaking by the Agency in carrying out its
25responsibilities under the Asbestos Abatement Act and the
26Commercial and Public Buildings Act shall be done by the

 

 

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1Pollution Control Board in accordance with Title VII of this
2Act.
 
3    Section 99. Effective date. This Act takes effect July 1,
42015.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    30 ILCS 105/5.866 new
5    105 ILCS 105/3from Ch. 122, par. 1403
6    105 ILCS 105/4from Ch. 122, par. 1404
7    105 ILCS 105/6from Ch. 122, par. 1406
8    105 ILCS 105/6afrom Ch. 122, par. 1406a
9    105 ILCS 105/6bfrom Ch. 122, par. 1406b
10    105 ILCS 105/7from Ch. 122, par. 1407
11    105 ILCS 105/9from Ch. 122, par. 1409
12    105 ILCS 105/9afrom Ch. 122, par. 1409a
13    105 ILCS 105/9bfrom Ch. 122, par. 1409b
14    105 ILCS 105/11from Ch. 122, par. 1411
15    105 ILCS 105/12afrom Ch. 122, par. 1412a
16    105 ILCS 105/12bfrom Ch. 122, par. 1412b
17    105 ILCS 105/12cfrom Ch. 122, par. 1412c
18    105 ILCS 105/13from Ch. 122, par. 1413
19    105 ILCS 105/14from Ch. 122, par. 1414
20    105 ILCS 105/16from Ch. 122, par. 1416
21    105 ILCS 105/6c rep.
22    105 ILCS 105/10 rep.
23    105 ILCS 105/10a rep.
24    105 ILCS 105/10b rep.
25    105 ILCS 105/15a rep.

 

 

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1    225 ILCS 207/15
2    225 ILCS 207/20
3    225 ILCS 207/25
4    225 ILCS 207/40
5    225 ILCS 207/55
6    225 ILCS 207/60
7    225 ILCS 207/30 rep.
8    225 ILCS 207/35 rep.
9    225 ILCS 207/45 rep.
10    415 ILCS 5/4from Ch. 111 1/2, par. 1004
11    415 ILCS 5/5from Ch. 111 1/2, par. 1005
12    415 ILCS 5/28from Ch. 111 1/2, par. 1028
13    415 ILCS 5/59 new