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92nd General Assembly

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Public Act 92-0447

HB1887 Enrolled                                LRB9207786EGfg

    AN ACT in relation to environmental protection.

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

    Section  5.  The Lead Poisoning Prevention Act is amended
by changing Sections 11.2 and 12 as follows:

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

    (410 ILCS 45/12) (from Ch. 111 1/2, par. 1312)
    Sec. 12. Violations of Act.
    (a)  Violation  of  any  Section  of  this Act other than
Section 7 shall be punishable as a Class A misdemeanor.
    (b)  In cases where a person is found to have mislabeled,
possessed, offered for sale or transfer, sold or transferred,
or given away lead-bearing substances,  a  representative  of
the  Department  shall confiscate the lead-bearing substances
and retain the substances until  they  are  shown  to  be  in
compliance with this Act.
    (c)  In addition to any other penalty provided under this
Act,  the court in an action brought under subsection (e) may
impose upon any person who violates or does not comply with a
notice of deficiency and  a  mitigation  order  issued  under
subsection  (7)  of Section 9 of this Act a civil penalty not
exceeding $2,500 for each violation, plus $250 for  each  day
that the violation continues.
    Any civil penalties collected in a court proceeding shall
be   deposited   into   a  delegated  county  lead  poisoning
screening, prevention, and abatement fund or, if no delegated
county or lead poisoning screening, prevention, and abatement
fund exists, into the Lead Poisoning  Screening,  Prevention,
and Abatement Fund established under Section 7.2.
    (d)  Whenever  the  Department  finds  that  an emergency
exists that requires immediate action to protect  the  health
of  children  under  this Act, it may, without administrative
procedure or notice, cause an action to  be  brought  by  the
Attorney  General  or  the  State's Attorney of the county in
which a violation has occurred for  a  temporary  restraining
order  or  a preliminary injunction to require such action as
is required to meet the emergency and protect the  health  of
children.
    (e)  The  State's  Attorney  of  the  county  in  which a
violation occurs or the Attorney General may bring an  action
for  the  enforcement  of  this Act and the rules adopted and
orders issued under this Act, in the name of  the  People  of
the State of Illinois, and may, in addition to other remedies
provided  in  this  Act,  bring  an  action  for  a temporary
restraining order or preliminary injunction as  described  in
subsection  (d)  or  an  injunction to restrain any actual or
threatened violation or to impose or collect a civil  penalty
for any violation.
(Source: P.A. 87-175.)
    Section  10.  The Environmental Protection Act is amended
by adding Section 22.28a as follows:

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

    Section 99. Effective date.  This Act takes  effect  upon
becoming law.
    Passed in the General Assembly May 30, 2001.
    Approved August 21, 2001.

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