Illinois General Assembly - Full Text of SB2890
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Full Text of SB2890  100th General Assembly




State of Illinois
2017 and 2018


Introduced 2/14/2018, by Sen. Chapin Rose


410 ILCS 45/9  from Ch. 111 1/2, par. 1309

    Amends the Lead Poisoning Prevention Act. Requires the Department of Public Health to publish on its website a list of each residential property and commercial property subject to a mitigation order requiring lead abatement. Effective immediately.

LRB100 16855 MJP 31996 b






SB2890LRB100 16855 MJP 31996 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Lead Poisoning Prevention Act is amended by
5changing Section 9 as follows:
6    (410 ILCS 45/9)  (from Ch. 111 1/2, par. 1309)
7    Sec. 9. Procedures upon determination of lead hazard.
8    (1) If the inspection report identifies a lead hazard, the
9Department or delegate agency shall serve a mitigation notice
10on the property owner that the owner is required to mitigate
11the lead hazard, and shall indicate the time period specified
12in this Section in which the owner must complete the
13mitigation. The notice shall include information describing
14mitigation activities which meet the requirements of this Act.
15    (2) If the inspection report identifies a lead hazard, the
16owner shall mitigate the lead hazard in a manner prescribed by
17the Department and within the time limit prescribed by this
18Section. The Department shall adopt rules regarding acceptable
19methods of mitigating a lead hazard. If the source of the lead
20hazard identified in the inspection report is lead paint or any
21other lead-bearing surface coating, the lead hazard shall be
22deemed to have been mitigated if:
23        (A) the surface identified as the source of the lead



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1    hazard is no longer in a condition that produces a
2    hazardous level of lead chips, flakes, dust or any other
3    form of lead-bearing substance, that can be ingested or
4    inhaled by humans;
5        (B) the surface identified as the source of the lead
6    hazard is no longer accessible to children and could not
7    reasonably be chewed on by children; or
8        (C) the surface coating identified as the source of the
9    lead hazard is either removed or covered, or child access
10    to the lead-bearing surface is otherwise prevented as
11    prescribed by the Department.
12    (3) Mitigation activities which involve the destruction or
13disturbance of any lead-bearing surface shall be conducted by a
14licensed lead abatement contractor using licensed lead
15abatement supervisors or lead abatement workers. The
16Department may prescribe by rule mitigation activities that may
17be performed without a licensed lead abatement contractor, lead
18abatement supervisor, or lead abatement worker. The Department
19may, on a case by case basis, grant a waiver of the requirement
20to use licensed lead abatement contractors, lead abatement
21supervisors, and lead abatement workers, provided the waiver
22does not endanger the health or safety of humans.
23    (4) The Department shall establish procedures whereby an
24owner, after receiving a mitigation notice under this Section,
25may submit a mitigation plan to the Department or delegate
26agency for review and approval.



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1    (5) When a mitigation notice is issued for a dwelling unit
2inspected as a result of an elevated blood lead level in a
3pregnant person or a child, or if the dwelling unit is occupied
4by a child 6 years of age or younger or a pregnant person, the
5owner shall mitigate the hazard within 30 days of receiving the
6notice; when no such child or pregnant person occupies the
7dwelling unit, the owner shall complete the mitigation within
890 days.
9    (6) An owner may apply to the Department or its delegate
10agency for an extension of the deadline for mitigation. If the
11Department or its delegate agency determines that the owner is
12making substantial progress toward mitigation, or that the
13failure to meet the deadline is the result of a shortage of
14licensed lead abatement contractors, lead abatement
15supervisors, or lead abatement workers, or that the failure to
16meet the deadline is because the owner is awaiting the review
17and approval of a mitigation plan, the Department or delegate
18agency may grant an extension of the deadline.
19    (7) The Department or its delegate agency may, after the
20deadline set for completion of mitigation, conduct a follow-up
21inspection of any dwelling unit for which a mitigation notice
22was issued for the purpose of determining whether the
23mitigation actions required have been completed and whether the
24activities have sufficiently mitigated the lead hazard as
25provided under this Section. The Department or its delegate
26agency may conduct a follow-up inspection upon the request of



SB2890- 4 -LRB100 16855 MJP 31996 b

1an owner or resident. If, upon completing the follow-up
2inspection, the Department or its delegate agency finds that
3the lead hazard for which the mitigation notice was issued is
4not mitigated, the Department or its delegate agency shall
5serve the owner with notice of the deficiency and a mitigation
6order. The order shall indicate the specific actions the owner
7must take to comply with the mitigation requirements of this
8Act, which may include lead abatement if lead abatement is the
9sole means by which the lead hazard can be mitigated. The order
10shall also include the date by which the mitigation shall be
11completed. If, upon completing the follow-up inspection, the
12Department or delegate agency finds that the mitigation
13requirements of this Act have been satisfied, the Department or
14delegate agency shall provide the owner with a certificate of
15compliance stating that the required mitigation has been
17    (8) The Department shall publish on its website a list of
18each residential property and commercial property subject to a
19mitigation order requiring lead abatement under subsection
21(Source: P.A. 98-690, eff. 1-1-15.)
22    Section 99. Effective date. This Act takes effect upon
23becoming law.