SB 1961 — ASBESTOS-TRANSFER TO IEPA

Rulemaking.

The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedures of the Department of Public Health under this Act, except that in case of conflict between the Illinois Administrative Procedure Act and this Act, the provisions of this Act shall control, and except that Section 5-35 of the Illinois Administrative Procedure Act relating to procedures for rulemaking does not apply to the adoption of any rule required by federal law in connection with which the Department is precluded by law from exercising any discretion.

Before initiating any rulemaking under this Section, the Department shall consult with the Asbestos Advisory Council as set forth in subsection (h) of Section 59 of the Environmental Protection Act.

Section 25.

Administrative review.

All final administrative decisions of the Department hereunder shall be subject to judicial review pursuant to the Administrative Review Law and the rules adopted pursuant thereto.

The term SB1961 Engrossed - 6 - LRB098 10237 JWD 40397 b "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.

Section 30.

Hearings.

The Director, after notice and opportunity for hearing to the contractor, applicant, or license holder, may deny, suspend, or revoke a license or expunge such person from the State list in any case in which he or she finds that there has been a substantial failure to comply with the provisions of this Act or the standards and rules established by virtue thereof.

Such notice shall be provided by certified mail or by personal service setting forth the particular reasons for the proposed action and fixing a date, not less than 15 days from the date of such mailing or service, at which time the applicant, contractor, or license holder shall be given an opportunity to request a hearing.

The hearing shall be conducted by the Director or by an individual designated in writing by the Director as Hearing Officer to conduct the hearing.

On the basis of any such hearing, or upon default of the applicant, contractor, or license holder, the Director shall make a determination specifying his or her findings and conclusions.

A copy of such determination shall be sent by certified mail or served personally upon the applicant, contractor, or license holder.

The procedure governing hearings authorized by this Section shall be in accordance with rules promulgated by the SB1961 Engrossed - 7 - LRB098 10237 JWD 40397 b Department.

A full and complete record shall be kept of all proceedings, including the notice of hearing, complaint, and all other documents in the nature of pleadings, written motions filed in the proceedings, and the report and orders of the Director and Hearing Officer.

All testimony shall be reported but need not be transcribed unless the decision is sought to be reviewed pursuant to the Administrative Review Law.

A copy or copies of the transcript may be obtained by any interested party on payment of the cost of preparing such copy or copies.

The Director or Hearing Officer shall, upon his or her own motion, or on the written request of any party to the proceeding, issue subpoenas requiring the attendance and the giving of testimony by witnesses, and subpoenas duces tecum requiring the production of books, papers, records, or memoranda.

All subpoenas and subpoenas duces tecum issued under the terms of this Act may be served by any person of legal age.

The fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the circuit court of this State, such fees to be paid when the witness is excused from further attendance.

When the witness is subpoenaed at the instance of the Director or Hearing Officer, such fees shall be paid in the same manner as other expenses of the Department, and when the witness is subpoenaed at the instance of any other party to any such proceeding, the Department may require that the cost of service of the subpoena or subpoena duces tecum and the fee of the witness be borne by the party at whose instance SB1961 Engrossed - 8 - LRB098 10237 JWD 40397 b the witness is summoned.

In such case, the Department, in its discretion, may require a deposit to cover the cost of such service and witness fees.

A subpoena or subpoena duces tecum so issued as above stated shall be served in the same manner as a subpoena issued by a circuit court.

Any circuit court of this State, upon the application of the Director, or upon the application of any other party to the proceeding, may, in its discretion, compel the attendance of witnesses, the production of books, papers, records, or memoranda and the giving of testimony before the Director or Hearing Officer conducting an investigation or holding a hearing authorized by this Act, by an attachment for contempt or otherwise, in the same manner as production of evidence may be compelled before the court.

The Director or Hearing Officer, or any party in an investigation or hearing before the Department, may cause the depositions of witnesses within the State to be taken in the manner prescribed by law for like depositions in civil actions in courts of this State, and, to that end, compel the attendance of witnesses and the production of books, papers, records, or memoranda.

Section 35.

Consistency with federal law.

Rules issued pursuant to this Act, including those governing the preparation of a list of contractors and the removal of contractors therefrom as provided for in Section 40, shall not be SB1961 Engrossed - 9 - LRB098 10237 JWD 40397 b inconsistent with rules and regulations promulgated by the United States Environmental Protection Agency pursuant to the Toxic Substances Control Act, the Clean Air Act, or other applicable federal statutes.

Section 40.

Asbestos abatement contractors;

response action contractors.

The Department shall prepare a list, in cooperation with appropriate State and federal agencies, on an annual basis, of asbestos abatement contractors and response action contractors familiar with and capable of complying with all applicable federal and State standards for asbestos containment and removal.

Additional asbestos abatement contractors or response action contractors wishing to be placed on this list shall notify the Department.

The Department shall evaluate this request based on the training and experience of such a potential asbestos abatement contractor or response action contractor and render a decision.

If the Department denies the request, such contractor may appeal such a decision pursuant to the Administrative Review Law.

Such list shall be made available to all school districts and, upon request, to other interested parties.

In contracting for response action services, schools shall select an asbestos abatement contractor or response action contractor from the Department's list.

Section 45.

Licensing.

SB1961 Engrossed - 10 - LRB098 10237 JWD 40397 b (a) No air sampling professional, asbestos abatement contractor, asbestos consultant, asbestos inspector, asbestos professional, asbestos supervisor, asbestos worker, management planner, project designer, project manager, project supervisor, or response action contractor may be employed as a response action contractor unless that individual or entity is licensed by the Department.

Those individuals and entities wishing to be licensed shall make application on forms prescribed and furnished by the Department.

A license shall expire annually according to a schedule determined by the Department.

Applications for renewal of licenses shall be filed with the Department at least 30 days before the expiration date.

When a licensure examination is required, the application for licensure shall be submitted to the Department at least 30 days prior to the date of the scheduled examination.

The Department shall evaluate each application based on its minimum standards for licensure, promulgated as rules, and render a decision.

Such standards may include a requirement for the successful completion of a course of training approved by the Department.

If the Department denies the application, the applicant may appeal such decision pursuant to the Administrative Review Law.

However, the licensing requirements of this Section for asbestos consultants do not apply to:

(1) an employee of a local education agency who is that local education agency's designated person;

or (2) an employee of a State agency while SB1961 Engrossed - 11 - LRB098 10237 JWD 40397 b he or she is engaged in his or her professional duties for that State agency.

(b) All licenses issued under the Asbestos Abatement Act or the Commercial and Public Building Asbestos Abatement Act, and in effect on the effective date of this Act, shall remain in effect for the remainder of the period for which they were originally issued as if they had been issued under this Act.

Section 50.

Certified industrial hygienists.

For purposes of this Act and the rules promulgated thereunder, the Department shall use the list of certified industrial hygienists as prepared by the American Board of Industrial Hygiene.

Section 55.

Contractor's certificates of financial responsibility.

Each asbestos abatement contractor wishing to be placed on the Department's approved list of contractors shall submit to the Department a certificate documenting that the contractor carries liability insurance, self-insurance, group insurance, group self-insurance, a letter of credit, or bond in an amount of at least:

(1) $500,000 for work performed pursuant to the Asbestos Abatement Act and the rules promulgated thereunder.

(2) $1,000,000 for work performed pursuant to this Commercial and Public Building Asbestos Abatement Act and SB1961 Engrossed - 12 - LRB098 10237 JWD 40397 b the rules promulgated thereunder.

No contractor may be placed on the approved list in the absence of such a certificate.

All contractors presently on the approved list shall submit said certificate within 90 days of the effective date of this Act or the Department shall remove their names from the approved list.

Each contractor shall maintain on file with the Department a current certificate of financial responsibility throughout the entire length of time the contractor's name appears on the Department's list of approved contractors.

A contractor shall notify the Department of any change in the status of a certificate which has been filed including expiration, renewal, or alteration of the terms of the certificate.

Section 60.

Civil penalties.

The Department is empowered to assess civil penalties for violations of this Act and the rules promulgated under this Act pursuant to rules for such penalties established by the Department.

Section 65.

Asbestos Occupations Licensure Fund.

All fees and penalties collected by the Department pursuant to this Act, and all interest attributable to those amounts, shall be deposited into the Asbestos Occupations Licensure Fund, which is hereby created as a special fund in the State treasury.

Subject to appropriation, all moneys deposited in the Asbestos Occupations Licensure Fund under this Act shall be available to SB1961 Engrossed - 13 - LRB098 10237 JWD 40397 b the Department for its administration of this Act.

The Asbestos Occupations Licensure Fund is not subject to sweeps, administrative charges or chargebacks, or any other fiscal or budgetary maneuver that would in any way transfer any moneys from the Asbestos Occupations Licensure Fund to any other Fund of the State or in the State treasury.

Section 70.

The State Finance Act is amended by adding Section 5.826 as follows:

(30 ILCS 105/5.826 new) Sec.

5.826.

The Asbestos Occupations Licensure Fund.

Section 75.

The Asbestos Abatement Act is amended by changing Sections 3, 4, 6, 6a, 6b, 7, 9, 9a, 9b, 11, 12a, 12b, 12c, 13, 14, and 16 as follows:

(105 ILCS 105/3) (from Ch.

122, par.

1403) Sec.

3.

Definitions.

As used in this Act:

(a) "Asbestos" means the asbestiform varieties of chrysotile, amosite, crocidolite, tremolite, anthrophyllite, and actinolite.

(b) "Asbestos materials" means materials formed by mixing asbestos fibers with other products, including but not limited to rock wool, plaster, cellulose, clay, vermiculite, perlite and a variety of adhesives, and which contain more than 1% SB1961 Engrossed - 14 - LRB098 10237 JWD 40397 b asbestos by weight.

Some of these materials may be sprayed on surfaces or applied to surfaces in the form of plaster or a textured paint.

(c) "School" means any school district or public, private or nonpublic day or residential educational institution that provides elementary or secondary education for grade 12 or under.

(d) "Local educational agency" means:

(1) Any local education agency as defined in Section 198 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.

3381).

(2) The owner of any nonpublic, nonprofit elementary or secondary school building.

(3) The governing authority of any school operated under the defense dependents' education system provided for under the Defense Department's Education Act of 1978 (20 U.S.C.

921, et seq.).

(e) "Response action" means a method, including removal, encapsulation, enclosure, repair, operations and maintenance, that protects human health and the environment from friable ACBM.

(f) "Asbestos containing building materials" or ACBM means surfacing asbestos containing material or ACM, thermal system insulation ACM or miscellaneous ACM that is found in or on interior structural members or other parts of a school building.

SB1961 Engrossed - 15 - LRB098 10237 JWD 40397 b (g) "Friable" when referring to material in a school building means that the material, when dry, may be crumbled, pulverized, or reduced to powder by hand pressure, and includes previously nonfriable materials after such previously nonfriable material becomes damaged to the extent that, when dry, it may be crumbled, pulverized, or reduced to powder by hand pressure.

(h) "Asbestos Abatement Contractor" means any entity that engages in the removal, enclosure, or encapsulation of asbestos containing materials for any school.

(i) "Response action contractor" means any entity that engages in response action services for any school.

(j) "Friable material containment" means the encapsulation or enclosure of any friable asbestos material in a facility.

(k) "Enclosure" means the construction of airtight walls and ceilings between the asbestos material and the educational facility environment, or around surfaces coated with asbestos materials, or any other appropriate scientific procedure as determined by the Agency Department which prevents the release of asbestos materials.

(l) "Encapsulation" means the treatment of ACBM with a material that surrounds or embeds asbestos fibers in an adhesive matrix to prevent the release of fibers, as the encapsulant creates a membrane over the surfaces (bridging encapsulant or penetrates the material and binds its components together (penetrating encapsulant).

SB1961 Engrossed - 16 - LRB098 10237 JWD 40397 b (m) "Department" means the Department of Public Health.

(n) "Director" means the Director of the Illinois Environmental Protection Agency Public Health.

(o) "School personnel" means any employee of a school.

(p) "Student" means any student enrolled in a school.

(q) "School Building" means:

(1) Any structure suitable for use as a classroom, including a school facility such as a laboratory, library, school eating facility, or facility used for the preparation of food.

(2) Any gymnasium or other facility which is specially designed for athletic or recreational activities for an academic course in physical education.

(3) Any other facility used for the instruction or housing of students or for the administration of educational or research programs.

(4) Any maintenance, storage, or utility facility, including any hallway essential to the operation of any facility described in this definition of "school building" under items (1), (2), or (3).

(5) Any portico or covered exterior hallway or walkway.

(6) Any exterior portion of a mechanical system used to condition interior space.

(r) "Asbestos worker" means an individual who cleans, removes, encapsulates, encloses, hauls or disposes of friable asbestos material in schools as defined in this Act.

SB1961 Engrossed - 17 - LRB098 10237 JWD 40397 b (s) "Nonfriable" means material in a school building which, when dry, may not be crumbled, pulverized, or reduced to powder by hand pressure.

(t) "Management plan" means a plan developed for a local educational agency for the management of asbestos in its school buildings pursuant to the federal Asbestos Hazard Emergency Response Act of 1986 and the regulations promulgated thereunder.

(u) "Management planner" means an individual licensed by the Department to prepare management plans.

(v) "Project designer" means an individual licensed by the Department to design response actions for school buildings.

(w) "Asbestos inspector" means an individual licensed by the Department to perform inspections of schools for the presence of asbestos containing materials.

(x) "Agency" means the Illinois Environmental Protection Agency.

(y) "Board" means the Illinois Pollution Control Board.

86-416;98-92, eff.

86-1475.)7-16-13.) (105(40 ILCS 105/4)5/16-171) (from Ch.

122,108 1/2, par.

1404)16-171) SB1961 Enrolled - 2 - LRB098 10237 JWD 40397 b Sec.

4.16-171.

ResponseTo action.sue and be sued.

SchoolsTo shallsue undertake and complete such response action as may be requiredsued byin the federalname Asbestos Hazard Emergency Response Act of 1986, the regulationsboard. promulgated thereunder, and the rules promulgated by the Board Department pursuant to the Asbestos Abatement Act.

ResponseThe SB1961board Engrossed - 18 - LRB098 10237 JWD 40397 b actions shall not be undertakena andcorporation. completed within the timeframe required by the federal Asbestos Hazard Emergency Response Act of 1986 and the regulations promulgated thereunder.

The board may sue to protect any rights of the retirement system.

All actions brought by or against the board shall be prosecuted or defended, as the case may be, by the Attorney General or other counsel.

If the board pursues a mandamus action under Section 16-158.2 of this Code as amended by Senate Bill No.

1 of the 98th General Assembly in the form passed by the General Assembly, then the board may select the counsel of their choice.

86-416.)83-1440.) (105Section ILCS99. 105/6) (from Ch.

122, par.

1406) Sec.

6.

Powers and duties of the Agency Department.

(a) In accordance with Title VII of the Environmental Protection Act, and after consultation with the Asbestos Advisory Committee as set forth in subsection (h) of Section 59 of the Environmental Protection Act, the Agency may propose, and the Board may adopt, The Department is empowered to promulgate any rules necessary to ensure proper implementation and administration of this Act and of the federal Asbestos Hazard Emergency Response Act of 1986, and the regulations promulgated thereunder.

(b) Rules adopted under subsection (a) promulgated by the Department shall include, but need not be limited to:

(1) all rules necessary to achieve compliance with the federal Asbestos Hazard Emergency Response Act of 1986 and the regulations promulgated thereunder;

(2) rules relating to the correct and safe performance of asbestos inspection, air sampling, asbestos abatement work, and other related tasks by persons licensed to do so under the Asbestos Occupations Licensure Act;

and rules providing for the training and licensing of persons and SB1961 Engrossed - 19 - LRB098 10237 JWD 40397 b firms to perform asbestos inspection and air sampling;

to perform abatement work;

and to serve as asbestos abatement contractors, management, planners, project designers, project supervisors, project managers and asbestos workers for public and private secondary and elementary schools;

and any necessary rules relating to the correct and safe performance of those tasks;

and (3) rules for the development and submission of asbestos management plans by local educational agencies, and for review and approval of such plans by the Agency Department.

(c) The rules proposed by the Agency and adopted by the Board shall require each local educational agency to maintain records of asbestos-related activities, which shall be made available to the Agency upon request.

In carrying out its responsibilities under this Act, the Department shall:

(1) publish a list of persons and firms licensed pursuant to this Act, except that the Department shall not be required to publish a list of licensed asbestos workers;

(2) require each local educational agency to maintain records of asbestos-related activities, which shall be made available to the Department upon request;

and (3) adopt rules for the collection of fees for training course approval;

and for licensing of inspectors, management planners, project designers, contractors, supervisors, air sampling professionals, project managers SB1961 Engrossed - 20 - LRB098 10237 JWD 40397 b and workers.

(Source:

P.A.

96-537, eff.

8-14-09;

96-1000, eff.

7-2-10.) (105 ILCS 105/6a) (from Ch.

122, par.

1406a) Sec.

6a.

All rulemaking under this Act shall be conducted in accordance with Title VII of the Environmental Protection Act.

The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedures of the Department of Public Health under this Act, except that in case of conflict between the Illinois Administrative Procedure Act and this Act the provisions of this Act shall control, and except that Section 5-35 of the Illinois Administrative Procedure Act relating to procedures for rule-making does not apply to the adoption of any rule required by federal law in connection with which the Department is precluded by law from exercising any discretion.

(Source:

P.A.

88-45.) (105 ILCS 105/6b) (from Ch.

122, par.

1406b) Sec.

6b.

All final administrative decisions of the Board Department hereunder shall be subject to judicial review pursuant to the provisions of Title XI of the Environmental Protection Act the "Administrative Review Law", as amended, and the rules adopted pursuant thereto.

The term "Administrative Decision" is defined as in Section 3-101 of the Code of Civil Procedure.

SB1961 Engrossed - 21 - LRB098 10237 JWD 40397 b (Source:

P.A.

84-951.) (105 ILCS 105/7) (from Ch.

122, par.

1407) Sec.

7.

Consistency with federal law.

Rules and regulations issued pursuant to this Act, including those governing the preparation of a list of contractors and the removal of contractors therefrom as provided for in Section 10, shall not be inconsistent with rules and regulations promulgated by the United States Environmental Protection Agency pursuant to the Toxic Substances Control Act, the Clean Air Act or other applicable federal statutes.

(Source:

P.A.

84-951.) (105 ILCS 105/9) (from Ch.

122, par.

1409) Sec.

9.

State Funding.

Funding sources for State funding with respect to costs of corrective action shall include appropriations from the General Revenue Fund, proceeds from litigation against manufacturers, distributors and contractors of asbestos products, funds provided under the provisions of the federal Asbestos School Hazard Abatement Act of 1984, or any combination thereof.

The Agency Department shall request appropriations from any of these funds based on its review of school funding needs and include such in its annual budget request.

(Source:

P.A.

84-951.) SB1961 Engrossed - 22 - LRB098 10237 JWD 40397 b (105 ILCS 105/9a) (from Ch.

122, par.

1409a) Sec.

9a.

Reimbursement for corrective action.

The Agency Department shall, from funds appropriated for this purpose, reimburse schools which have undertaken corrective action.

Such schools, upon completion of an inspection by the Agency Department, shall be eligible for reimbursement only for those projects found to have been conducted in accordance with the provisions of this Act and the rules promulgated thereunder.

Schools shall apply for such reimbursement to the Agency Department on forms designed and provided by the Agency Department.

The amount of reimbursement for which a public school district is eligible shall be calculated by the Agency Department based upon a Grant Index developed by the State Board of Education.

This Grant Index shall be based upon the equalized assessed valuation of the school district and other measures of relative wealth to determine the percentage of the total cost of corrective action for which reimbursement shall be authorized.

The Grant Index for any school district is equal to one minus the ratio of the district's equalized assessed valuation per pupil in weighted daily average attendance to the equalized assessed valuation per pupil in weighted average daily attendance of the district located at the ninetieth percentile for all districts of the same type.

The Grant Index for any school district shall be not less than .50 and no greater than 1.00.

The product of the district's Grant Index SB1961 Engrossed - 23 - LRB098 10237 JWD 40397 b and the project cost, as determined by the Agency Department for approved corrective action, equals the total amount that shall be reimbursed to the school according to the provisions of this Section.

All non-public schools shall be eligible for reimbursement in an amount equal to 50% of the cost of corrective action.

Out of funds appropriated for such purpose, 20% of the amount of reimbursement to which any school is determined entitled shall be paid in each of 5 successive fiscal years.

The Agency Department shall request an annual appropriation in an amount sufficient to cover all expected reimbursements to be paid out in that fiscal year.

For purposes of reimbursement under this Section, corrective action means removal, encapsulation or enclosure.

Schools reimbursed pursuant to this Section for corrective action shall not be eligible for grants under Section 9b with respect to the corrective action for which they are so reimbursed.

(Source:

P.A.

84-1245.) (105 ILCS 105/9b) (from Ch.

122, par.

1409b) Sec.

9b.

Grants for asbestos abatement work undertaken on or after January 1, 1986.

Schools which undertake corrective action on or after January 1, 1986 shall be eligible for grants for asbestos abatement activities conducted in accordance with this Act and the rules promulgated thereunder.

Funds shall be SB1961 Engrossed - 24 - LRB098 10237 JWD 40397 b provided only to those schools which have been inspected pursuant to this Act.

Schools which desire abatement grants shall apply to the Agency Department for such grants on forms designed and provided by the Agency Department.

The Agency Department shall evaluate applications to establish priorities for funding recognizing the degree of health hazard present and shall categorize school needs using a numerical ranking.

In conjunction with the State Board of Education, the Agency Department shall calculate the amount of grant for which a public school district is eligible, based upon a Grant Index developed by the State Board of Education.

The Grant Index shall be based upon the equalized assessed valuation of the school district and other measures of relative wealth to determine the percentage of the total cost of corrective action for which grants shall be authorized.

The Grant Index for any school district is equal to one minus the ratio of the district's equalized assessed valuation per pupil in weighted daily average attendance to the equalized assessed valuation per pupil in weighted average daily attendance of the district located at the ninetieth percentile for all districts of the same type.

The Grant Index for any school district shall be not less than .50 and no greater than 1.00.

The product of the district's Grant Index and the project cost, as determined by the Agency Department for approved corrective action, equals the amount that shall be expended on behalf of the school.

All non-public schools shall be eligible for grants in an amount SB1961 Engrossed - 25 - LRB098 10237 JWD 40397 b equal to 50% of the cost of corrective action.

In conjunction with the Capital Development Board, the Agency Department shall issue grants to schools for corrective action.

The Capital Development Board shall, in conjunction with the schools, contract with a contractor whose name appears on the Department's list of approved contractors for the corrective action determined necessary according to provisions of this Act and the rules promulgated thereunder.

All such contractors shall be prequalified as may be required by The Illinois Purchasing Act.

All contracts entered into by the schools and the Capital Development Board shall include a provision that all work to be conducted under that contract shall be undertaken in accordance with this Act and the rules promulgated thereunder.

The Capital Development Board shall exercise general supervision over corrective action financed pursuant to the provisions of this Act and the rules promulgated thereunder in schools.

The Capital Development Board shall request an annual appropriation in an amount sufficient to cover all expected grants to be awarded in that year.

For purposes of reimbursement under this Section, corrective action means removal, encapsulation or enclosure.

A school district may levy a tax in accordance with Section 17-2.11 of "The School Code" in order to provide local funding for corrective action ordered under this Act.

A school may use federal loans or grants to finance the cost of corrective action, but no State funding shall be used to repay any federal SB1961 Engrossed - 26 - LRB098 10237 JWD 40397 b loan received by a school for asbestos abatement projects.

(Source:

P.A.

84-1096.) (105 ILCS 105/11) (from Ch.

122, par.

1411) Sec.

11.

Recordkeeping.

Each school district shall:

(a) Keep a record of each asbestos abatement project that is performed in schools;

and (b) Make that record available to the Agency Department at any reasonable time.

(Source:

P.A.

83-1325.) (105 ILCS 105/12a) (from Ch.

122, par.

1412a) Sec.

12a.

Emergency stop work orders.

Whenever the Agency Department finds that an emergency exists which requires immediate action to protect the public health, it may, without notice or hearing, issue an order reciting the existence of such an emergency and then require that such action be taken as it may deem necessary to meet the emergency, including but not limited to the issuance of a stop work order and notice to the Department for the immediate removal of a contractor or contractors from the list provided for in Section 10.

Notwithstanding any other provision in this Act, such order shall be effective immediately.

The State's Attorney and Sheriff of the county in which the school is located shall enforce the order after receiving notice thereof.

Any contractor affected by such an order is entitled, upon request, SB1961 Engrossed - 27 - LRB098 10237 JWD 40397 b to a hearing as provided for in rules and regulations promulgated pursuant to this Act.

When such conditions are abated, in the opinion of the Agency Department, the Agency Department may authorize the reinstitution of the activities and shall provide notice to the Department that it may authorize the inclusion on the list of contractors of those activities and contractors which were the subject of a stop work order.

(Source:

P.A.

84-951.) (105 ILCS 105/12b) (from Ch.

122, par.

1412b) Sec.

12b.

Civil Penalties.

The Board Department is empowered to assess civil penalties against a contractor inspector, management planner, project designer, supervisor, worker, project manager, or air sampling professional for violations of this Act and the rules promulgated thereunder, pursuant to rules for such penalties established by the Board Department.

(Source:

P.A.

86-416.) (105 ILCS 105/12c) (from Ch.

122, par.

1412c) Sec.

12c.

Under emergency conditions, an employee of a school district may clean or dispose of less than 3 linear feet or 3 square feet of friable or non-friable asbestos containing material in schools without meeting the definition of an "asbestos worker" as defined in this Act, provided the employee SB1961 Engrossed - 28 - LRB098 10237 JWD 40397 b has completed the maximum asbestos awareness program provided for in federal law or rules.

"Emergency conditions" for the purpose of this Section shall mean:

1) the facility is without heat, water, gas, or electric;

or 2) the facility is unable to keep outside elements such as water from entering the interior of the structure;

or 3) the dislodging or falling of less than 3 linear feet or 3 square feet of asbestos containing materials.

The Board Department may further define, by rule, what circumstances constitute an "emergency condition" under this Section.

The Department may also set forth, by rule, the training or awareness program a school employee must meet as a prerequisite to conducting of asbestos clean-up or disposal pursuant to this Section.

(Source:

P.A.

86-647.) (105 ILCS 105/13) (from Ch.

122, par.

1413) Sec.

13.

Federal funding.

To the extent that federal funds become available for the removal of asbestos from schools and subject to any limitations which may be imposed, such federal funds shall be used in lieu of State financing of corrective actions and for any administrative costs incurred by the Agency Department in the administration of this Act.

(Source:

P.A.

83-1325.) SB1961 Engrossed - 29 - LRB098 10237 JWD 40397 b (105 ILCS 105/14) (from Ch.

122, par.

1414) Sec.

14.

Enforcement.

Notwithstanding the existence or pursuit of any other remedy, the Director may, in the manner provided by law, in the name of the People of the State and through the Attorney General who shall represent the Director in the proceedings, maintain an action for injunction or other relief or process against any school, the governing body thereof and any other person or unit of local government to enforce and compel compliance with the provisions of this Act, the rules and regulations promulgated thereunder and any order entered for any response action pursuant to this Act and such rules and regulations.

Enforcement proceedings under this Section shall be conducted in accordance with Title VIII of the Environmental Protection Act.

(Source:

P.A.

86-416.) (105 ILCS 105/16) (from Ch.

122, par.

1416) Sec.

16.

Illinois School Asbestos Abatement Fund.

All fees and penalties collected by the Agency Department pursuant to this Act shall be deposited into the Illinois School Asbestos Abatement Fund which is hereby created in the State Treasury.

Subject to appropriation, all monies deposited in the Illinois School Asbestos Abatement Fund under this Act shall be available to the Agency Department for its administration of this Act and of the federal Asbestos Hazard Emergency Response Act of 1986.

Subject to appropriation, all moneys deposited in SB1961 Engrossed - 30 - LRB098 10237 JWD 40397 b the Illinois School Asbestos Abatement Fund shall be available to the Agency Department of Public Health for administration of the Asbestos Abatement Act and the Commercial and Public Building Asbestos Abatement Act.

The Illinois School Asbestos Abatement Fund is not subject to sweeps, administrative charges or chargebacks, or any other fiscal or budgetary maneuver that would in any way transfer any moneys from the Illinois School Asbestos Abatement Fund to any other Fund of the State or in the State treasury.

(Source:

P.A.

89-143, eff.

7-14-95.) (105 ILCS 105/6c rep.) (105 ILCS 105/10 rep.) (105 ILCS 105/10a rep.) (105 ILCS 105/10b rep.) (105 ILCS 105/15a rep.) Section 80.

The Asbestos Abatement Act is amended by repealing Sections 6c, 10, 10a, 10b, and 15a.

Section 85.

The Commercial and Public Building Asbestos Abatement Act is amended by changing Sections 15, 20, 25, 40, 55, and 60 as follows:

(225 ILCS 207/15) Sec.

15.

Definitions.

As used in this Act:

"Agency" means the Illinois Environmental Protection SB1961 Engrossed - 31 - LRB098 10237 JWD 40397 b Agency.

"Asbestos abatement contractor" means any entity that provides removal, enclosure, encapsulation, or disposal of asbestos containing materials.

"Asbestos containing building materials" or "ACBM" means surfacing asbestos containing materials or ACM, thermal system insulation ACM, or miscellaneous ACM that is found in or on interior structural members or other parts of a building.

"Asbestos" means the asbestiform varieties of chrysotile, amosite, crocidolite, tremolite, anthrophyllite, and actinolite.

"Asbestos inspector" means an individual who performs inspections of commercial and public buildings for the presence of asbestos containing materials.

"Asbestos materials" means any material or product that contains more than 1% asbestos.

"Asbestos consultant" means a person offering expert or professional advice as an asbestos professional or designated person.

"Asbestos professional" means an individual who is licensed by the Department to perform the duties of an inspector, management planner, project designer, project supervisor, project manager, or air sampling professional, as applicable, except project supervisors under the direct employ of a licensed asbestos abatement contractor.

"Asbestos supervisor" means an asbestos abatement SB1961 Engrossed - 32 - LRB098 10237 JWD 40397 b contractor, foreman, or person designated as the asbestos abatement contractor's representative who is responsible for the onsite supervision of the removal, encapsulation, or enclosure of friable or nonfriable asbestos-containing materials in a commercial or public building.

"Asbestos worker" means an individual who cleans, removes, encapsulates, encloses, hauls, or disposes of friable asbestos material.

"Board" means the Illinois Pollution Control Board.

"Building/facility owner" is the legal entity, including a lessee, that exercises control over management and record keeping functions relating to a building or facility in which activities covered by this standard take place.

"Commercial or public building" means the interior space of any building, except that the term does not include any residential apartment building of fewer than 10 units or detached single family homes.

The term includes, but is not limited to:

industrial and office buildings, residential apartment buildings and condominiums of 10 or more dwelling units, government-owned buildings, colleges, museums, airports, hospitals, churches, schools, preschools, stores, warehouses, and factories.

Interior space includes exterior hallways connecting buildings, porticos, and mechanical systems used to condition interior space.

"Department" means the Department of Public Health.

"Designated person" means a person designated by the local SB1961 Engrossed - 33 - LRB098 10237 JWD 40397 b education agency, as defined by the Asbestos Abatement Act, to ensure that the management plan has been properly implemented.

"Director" means the Director of the Illinois Environmental Protection Agency Public Health.

"Encapsulation" means the treatment of ACBM with a material that surrounds or embeds asbestos fibers in an adhesive matrix that prevents the release of fibers as the encapsulant creates a membrane over the surfaces (bridging encapsulant) or penetrates the material and binds its components together (penetrating encapsulant).

"Enclosure" means the construction of airtight walls and ceilings between the asbestos containing material and the building environment, or around surfaces coated with asbestos containing materials, or any other appropriate scientific procedure as determined by the Agency Department that prevents the release of asbestos.

"Friable", when referring to material in a commercial or public building, means that the material, when dry, may be crumbled, pulverized, or reduced to powder by hand pressure and includes previously nonfriable materials after such previously nonfriable material becomes damaged to the extent that, when dry, it may be crumbled, pulverized, or reduced to powder by hand pressure.

"Inspection" means an activity undertaken in a public or commercial building to determine the presence or location, or to assess the condition of, friable or nonfriable asbestos SB1961 Engrossed - 34 - LRB098 10237 JWD 40397 b containing building material (ACBM) or suspected ACBM, whether by visual or physical examination, or by collecting samples of such material.

"Nonfriable" means material in a commercial or public building which, when dry, may not be crumbled, pulverized, or reduced to powder by hand pressure.

"Person" means any individual, group of individuals, association, trust, partnership, corporation, person doing business under an assumed name, or any other entity.

"Project designer" means an individual who designs response actions for commercial or public buildings.

"Response action" means a method, including removal, encapsulation, enclosure, repair, operations and maintenance, that protects human health and the environment from friable ACBM.

"Response action contractor" means any entity that engages in response action services.

"Response action services" means the service of designing and conducting removal, encapsulation, enclosure, repair, or operations and maintenance of friable asbestos containing building materials, inspection of public or commercial buildings, and inspection of asbestos containing materials.

The term does not include the design or conducting of response actions that involve removal or possible disturbance of an amount of asbestos containing building material comprising less than 3 square feet or less than 3 lineal feet of other SB1961 Engrossed - 35 - LRB098 10237 JWD 40397 b friable asbestos containing building material.

(Source:

P.A.

93-894, eff.

8-10-04.) (225 ILCS 207/20) Sec.

20.

Powers and Duties of the Agency and the Board Department.

(a) In accordance with Title VII of the Environmental Protection Act, and after consultation with the Asbestos Advisory Committee as set forth in subsection (h) of Section 59 of the Environmental Protection Act, the Agency may propose, and the Pollution Control Board may adopt, The Department is empowered to promulgate any rules necessary to ensure proper implementation and administration of this Act, and compliance with the federal Asbestos School Hazard Abatement Reauthorization Act of 1990.

(b) Rules adopted by the Board promulgated by the Department shall include, but not be limited to, rules relating to the correct and safe performance of response action services, and rules for the assessment of civil penalties for violations of this Act or rules promulgated under it, and rules providing for the training and licensing of persons and firms (i) to perform asbestos inspection, (ii) to perform abatement work, and (iii) to serve as asbestos abatement contractors, response action contractors, and asbestos workers.

The Agency Department is empowered to inspect activities regulated by this Act to ensure compliance.

SB1961 Engrossed - 36 - LRB098 10237 JWD 40397 b (c) (Blank).

In carrying out its responsibilities under this Act, the Department shall:

(1) Publish a list of response action contractors licensed under this Act, except that the Department shall not be required to publish a list of licensed asbestos workers;

and (2) Adopt rules for the collection of fees for training course approval and for the licensing of inspectors, project designers, contractors, supervisors, and workers.

(d) All rulemaking under this Act shall be conducted in accordance with Title VII of the Environmental Protection Act.

The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedures of the Department of Public Health under this Act, except that in case of conflict between the Illinois Administrative Procedure Act and this Act the provisions of this Act shall control, and except that Section 5-35 of the Illinois Administrative Procedure Act relating to procedures for rulemaking does not apply to the adoption of any rule required by federal law in connection with which the Department is precluded by law from exercising any discretion.

(e) All final administrative decisions of the Board Department under this Act shall be subject to judicial review pursuant to the provisions of Title XI of the Environmental Protection Act the Administrative Review Law and the rules adopted under it.

The term "administrative decision" has the SB1961 Engrossed - 37 - LRB098 10237 JWD 40397 b meaning ascribed to it in Section 3-101 of the Code of Civil Procedure.

(f) (Blank).

The Director, after notice and opportunity for hearing to the applicant or license holder, may deny, suspend, or revoke a license or expunge such person from the State list in any case in which he or she finds that there has been a substantial failure to comply with the provisions of this Act or the standards or rules established under it.

Notice shall be provided by certified mail, return receipt requested, or by personal service setting forth the particular response for the proposed action and fixing a date, not less than 15 days from the date of such mailing or service, at which time the applicant, asbestos abatement contractor, or license holder shall be given an opportunity to request hearing.

The hearing shall be conducted by the Director or by an individual designated in writing by the Director as Hearing Officer to conduct the hearing.

On the basis of any such hearing, or upon default of the asbestos abatement contractor, applicant or license holder, the Director shall make a determination specifying his or her findings and conclusions.

A copy of the determination shall be sent by certified mail, return receipt requested, or served personally upon the applicant, contractor, or license holder.

The procedure governing hearings authorized by this Section shall be in accordance with rules promulgated by the Department.

A full and complete record shall be kept of all SB1961 Engrossed - 38 - LRB098 10237 JWD 40397 b proceedings, including the notice of hearing, complaint, and all other documents in the nature of pleadings, written motions filed in the proceedings, and the report and orders of the Director and Hearing Officer.

All testimony shall be reported but need not be transcribed unless the decision is sought to be reviewed under the Administrative Review Law.

A copy or copies of the transcript may be obtained by any interested party on payment of the cost of preparing the copy or copies.

The Director or Hearing Officer shall, upon his or her own motion or on the written request of any party to the proceeding, issue subpoenas requiring the attendance and the giving of testimony by witnesses, and subpoenas duces tecum requiring the production of books, papers, records, or memoranda.

All subpoenas and subpoenas duces tecum issued under this Act may be served by any person of legal age.

The fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the courts of this State, such fees to be paid when the witness is excused from further attendance.

When the witness is subpoenaed at the instance of the Director or Hearing Officer, such fees shall be paid in the same manner as other expenses of the Department, and when the witness is subpoenaed at the instance of any other party to any such proceeding the Department may require that the cost of service of the subpoena or subpoena duces tecum and the fee of the witness be borne by the party at whose instance the witness is summoned.

In such case, the Department in its discretion may SB1961 Engrossed - 39 - LRB098 10237 JWD 40397 b require a deposit to cover the cost of such service and witness fees.

A subpoena or subpoena duces tecum so issued as above stated shall be served in the same manner as a subpoena issued by a circuit court.

Any circuit court of this State, upon the application of the Director, or upon the application of any other party to the proceeding, may, in its discretion, compel the attendance of witnesses, the production of books, papers, records, or memoranda and the giving of testimony before the Director or Hearing Officer conducting an investigation or holding a hearing authorized by this Act, by an attachment for contempt or otherwise, in the same manner as production of evidence may be compelled before the court.

The Director or Hearing Officer, or any party in an investigation or hearing before the Department, may cause the depositions of witnesses within this State to be taken in the manner prescribed by law for like depositions in civil actions in courts of this State, and, to that end, compel the attendance of witnesses and the production of books, papers, records, or memoranda.

(Source:

P.A.

89-143, eff.

7-14-95.) (225 ILCS 207/25) Sec.

25.

Consistency with federal law.

Rules issued under this Act, including those governing the preparation of a list of response action contractors and the removal of response SB1961 Engrossed - 40 - LRB098 10237 JWD 40397 b action contractors from the list as provided for in Section 20, shall not be inconsistent with rules and regulations promulgated by the United States Environmental Protection Agency under the Toxic Substances Control Act, the Clean Air Act, or other applicable federal statutes.

(Source:

P.A.

89-143, eff.

7-14-95.) (225 ILCS 207/40) Sec.

40.

Enforcement.

Notwithstanding the existence or pursuit of any other remedy, the Director may, in the manner provided by law and in the name of the People of the State and through the State's Attorney or the Attorney General who shall represent the Director in the proceedings, maintain an action for prosecution, injunction, or other relief or process against any Building/Facility Owner or any other person or unit of local government to enforce and compel compliance with the provisions of this Act, the rules promulgated under it and any order entered for any action under this Act and its rules.

Enforcement proceedings under this Section shall be conducted in accordance with Title VIII of the Environmental Protection Act.

A person who violates this Act is guilty of a Class A misdemeanor punishable by a fine of $1,000 for each day the violation exists in addition to other civil penalties or up to 6 months imprisonment or both a fine and imprisonment.

(Source:

P.A.

89-143, eff.

7-14-95.) SB1961 Engrossed - 41 - LRB098 10237 JWD 40397 b (225 ILCS 207/55) Sec.

55.

Civil penalties.

The Board Department is empowered to assess civil penalties for violations of this Act and the rules promulgated under this Act pursuant to rules for such penalties established by the Board Department.

(Source:

P.A.

89-143, eff.

7-14-95.) (225 ILCS 207/60) Sec.

60.

Illinois School Asbestos Abatement Fund.

All fees and penalties collected by the Agency Department pursuant to this Act shall be deposited into the Illinois School Asbestos Abatement Fund created by Section 16 of the Asbestos Abatement Act, and shall be available to the Agency Department for the administration of the Asbestos Abatement Act and this Act as provided in that Act.

(Source:

P.A.

89-143, eff.

7-14-95.) (225 ILCS 207/30 rep.) (225 ILCS 207/35 rep.) (225 ILCS 207/45 rep.) Section 90.

The Commercial and Public Building Asbestos Abatement Act is amended by repealing Sections 30, 35, and 45.

Section 95.

The Environmental Protection Act is amended by adding Sections 4, 5, 28, and 59 as follows:

SB1961 Engrossed - 42 - LRB098 10237 JWD 40397 b (415 ILCS 5/4) (from Ch.

111 1/2, par.

1004) Sec.

4.

Environmental Protection Agency;

establishment;

duties.

(a) There is established in the Executive Branch of the State Government an agency to be known as the Environmental Protection Agency.

This Agency shall be under the supervision and direction of a Director who shall be appointed by the Governor with the advice and consent of the Senate.

The term of office of the Director shall expire on the third Monday of January in odd numbered years, provided that he or she shall hold office until a successor is appointed and has qualified.

The Director shall receive an annual salary as set by the Compensation Review Board.

The Director, in accord with the Personnel Code, shall employ and direct such personnel, and shall provide for such laboratory and other facilities, as may be necessary to carry out the purposes of this Act.

In addition, the Director may by agreement secure such services as he or she may deem necessary from any other department, agency, or unit of the State Government, and may employ and compensate such consultants and technical assistants as may be required.

(b) The Agency shall have the duty to collect and disseminate such information, acquire such technical data, and conduct such experiments as may be required to carry out the purposes of this Act, including ascertainment of the quantity and nature of discharges from any contaminant source and data on those sources, and to operate and arrange for the operation SB1961 Engrossed - 43 - LRB098 10237 JWD 40397 b of devices for the monitoring of environmental quality.

(c) The Agency shall have authority to conduct a program of continuing surveillance and of regular or periodic inspection of actual or potential contaminant or noise sources, of public water supplies, and of refuse disposal sites.

(d) In accordance with constitutional limitations, the Agency shall have authority to enter at all reasonable times upon any private or public property for the purpose of:

(1) Inspecting and investigating to ascertain possible violations of this Act, any rule or regulation adopted under this Act, any permit or term or condition of a permit, or any Board order;

or (2) In accordance with the provisions of this Act, taking whatever preventive or corrective action, including but not limited to removal or remedial action, that is necessary or appropriate whenever there is a release or a substantial threat of a release of (A) a hazardous substance or pesticide or (B) petroleum from an underground storage tank.

(e) The Agency shall have the duty to investigate violations of this Act, any rule or regulation adopted under this Act, any permit or term or condition of a permit, or any Board order;

to issue administrative citations as provided in Section 31.1 of this Act;

and to take such summary enforcement action as is provided for by Section 34 of this Act.

(f) The Agency shall appear before the Board in any hearing SB1961 Engrossed - 44 - LRB098 10237 JWD 40397 b upon a petition for variance, the denial of a permit, or the validity or effect of a rule or regulation of the Board, and shall have the authority to appear before the Board in any hearing under the Act.

(g) The Agency shall have the duty to administer, in accord with Title X of this Act, such permit and certification systems as may be established by this Act or by regulations adopted thereunder.

The Agency may enter into written delegation agreements with any department, agency, or unit of State or local government under which all or portions of this duty may be delegated for public water supply storage and transport systems, sewage collection and transport systems, air pollution control sources with uncontrolled emissions of 100 tons per year or less and application of algicides to waters of the State.

Such delegation agreements will require that the work to be performed thereunder will be in accordance with Agency criteria, subject to Agency review, and shall include such financial and program auditing by the Agency as may be required.

(h) The Agency shall have authority to require the submission of complete plans and specifications from any applicant for a permit required by this Act or by regulations thereunder, and to require the submission of such reports regarding actual or potential violations of this Act, any rule or regulation adopted under this Act, any permit or term or condition of a permit, or any Board order, as may be necessary SB1961 Engrossed - 45 - LRB098 10237 JWD 40397 b for the purposes of this Act.

(i) The Agency shall have authority to make recommendations to the Board for the adoption of regulations under Title VII of the Act.

(i-5) The Agency shall have authority to make recommendations to the Board for the adoption of regulations under Title VII of this Act to fulfill the purposes of the Asbestos Abatement Act and the Commercial and Public Buildings Asbestos Abatement Act.

(j) The Agency shall have the duty to represent the State of Illinois in any and all matters pertaining to plans, procedures, or negotiations for interstate compacts or other governmental arrangements relating to environmental protection.

(k) The Agency shall have the authority to accept, receive, and administer on behalf of the State any grants, gifts, loans, indirect cost reimbursements, or other funds made available to the State from any source for purposes of this Act or for air or water pollution control, public water supply, solid waste disposal, noise abatement, or other environmental protection activities, surveys, or programs.

Any federal funds received by the Agency pursuant to this subsection shall be deposited in a trust fund with the State Treasurer and held and disbursed by him in accordance with Treasurer as Custodian of Funds Act, provided that such monies shall be used only for the purposes for which they are contributed and any balance remaining shall SB1961 Engrossed - 46 - LRB098 10237 JWD 40397 b be returned to the contributor.

The Agency is authorized to promulgate such regulations and enter into such contracts as it may deem necessary for carrying out the provisions of this subsection.

(l) The Agency is hereby designated as water pollution agency for the state for all purposes of the Federal Water Pollution Control Act, as amended;

as implementing agency for the State for all purposes of the Safe Drinking Water Act, Public Law 93-523, as now or hereafter amended, except Section 1425 of that Act;

as air pollution agency for the state for all purposes of the Clean Air Act of 1970, Public Law 91-604, approved December 31, 1970, as amended;

and as solid waste agency for the state for all purposes of the Solid Waste Disposal Act, Public Law 89-272, approved October 20, 1965, and amended by the Resource Recovery Act of 1970, Public Law 91-512, approved October 26, 1970, as amended, and amended by the Resource Conservation and Recovery Act of 1976, (P.L.

94-580) approved October 21, 1976, as amended;

as noise control agency for the state for all purposes of the Noise Control Act of 1972, Public Law 92-574, approved October 27, 1972, as amended;

and as implementing agency for the State for all purposes of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (P.L.

96-510), as amended;