2005 Illinois Code - 225 ILCS 221/ Hazardous Waste Laborers Licensing Act. Article II
(225 ILCS 221/Art. II heading)
ARTICLE II
(225 ILCS 221/1) (from Ch. 111, par. 7801)
Sec. 1.
This Article shall be known and may be cited as the Hazardous
Waste Laborers Licensing Act, and throughout this Article,
references to this Act shall mean this Article.
(Source: P.A. 85‑1195.)
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(225 ILCS 221/2) (from Ch. 111, par. 7802)
Sec. 2.
The General Assembly finds that to promote job safety and to
protect life, limb and property, the State of Illinois should license
laborers involved with the disposal, cleanup or handling of hazardous waste.
(Source: P.A. 85‑1195.)
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(225 ILCS 221/3) (from Ch. 111, par. 7803)
Sec. 3.
For the purposes of this Act, unless the context otherwise requires:
(a) "Agency" means the Environmental Protection Agency.
(b) "Director" means the Director of the Environmental Protection Agency.
(c) "Laborer" means a person who (1) erects, moves, services and
dismantles scaffolds and barricades at a facility; (2) constructs,
erects, removes and dismantles enclosures, chambers or decontamination
units required for the removal or containment of hazardous waste at a
facility; (3) labels, bags, cartons or otherwise packages hazardous waste
for disposal; and (4) cleans up the work site and performs other work
incidental to the removal, abatement or encapsulation of hazardous waste.
(d) "Hazardous waste" means a hazardous waste as defined in Section
3.220 of the Environmental Protection Act, except asbestos.
(e) "Facility" means a pollution control facility as defined in Section
3.330 of the Environmental Protection Act, or a site undergoing
cleanup pursuant to either the federal Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended, or Section
22.2 of the Illinois Environmental Protection Act.
(Source: P.A. 92‑574, eff. 6‑26‑02.)
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(225 ILCS 221/4) (from Ch. 111, par. 7804)
Sec. 4.
(a) It shall be unlawful for any person to perform any of the
duties of a laborer involving the disposal, cleanup or handling of
hazardous waste at a facility without first obtaining
a laborer's license from the Agency.
(b) This Act does not apply to operators of hoisting equipment with a
lifting capacity of 2 tons or less, commonly known as forklifts or bobcats,
or equipment involved in grading, drainage, field tile, irrigation or other
activity connected with agriculture or farming.
(c) This Act does not apply to any activities associated with any
excavation for the discovery, development, or production of: minerals, coal
or other substances, and oil, gas and water.
(d) This Act does not apply to an employee of a railroad who operates or
assists in the operation of a crane or hoist.
(e) This Act does not apply to any employee of the owner, operator or
principal responsible party of a manufacturing facility undergoing cleanup
pursuant to either the federal Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, or Section 22.2 of the
Illinois Environmental Protection Act, or a pollution control
facility engaged in the practice of recycling hazardous waste, if the
employee has undergone the training required by OSHA Hazardous Waste
Operations and Emergency Response, 29 CFR Part 1910.120, subparagraph (h).
(Source: P.A. 88‑681, eff. 12‑22‑94.)
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(225 ILCS 221/5) (from Ch. 111, par. 7805)
Sec. 5.
A person is qualified to obtain a laborer's license under this Act:
(a) who is at least 18 years of age;
(b) who has not violated any of the provisions of this Act for which
disciplinary action could be taken;
(c) who has submitted a certified record of 40 hours or more of training
to work with hazardous waste in a training program located within the State
of Illinois which has been approved by either
the Agency or the U.S. Environmental Protection Agency; and
(d) who has passed a written examination authorized by the Agency.
(Source: P.A. 85‑1195.)
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(225 ILCS 221/6) (from Ch. 111, par. 7806)
Sec. 6.
(a) Applications for original licenses shall be made to the
Agency in writing on forms prescribed by the Agency and shall be
accompanied by the required fee, which shall not be returnable. Any such
application shall require such information as in the judgment of the
Agency will enable the Agency to pass on the qualifications of the
applicant for a license.
The Agency shall authorize examinations of applicants at such times
and places as it may determine. The examination of applicants shall be of
a character to give a fair test of the qualifications of the applicant to
practice.
Applicants for examination shall be required to pay, either to the
Agency or the designated testing service, a fee covering the cost of
providing the examination. Failure to appear for the examination on the
scheduled date, at the time and place specified, after the applicant's
application for examination has been received and acknowledged by the
Agency or the designated testing service, shall result in the
forfeiture of the examination fee.
If an applicant neglects, fails or refuses to take an examination or
fails to pass an examination for a license under this Act within 3 years
after filing his application, the application is denied. However, such
applicant may thereafter make a new application accompanied by the required
fee. The Agency may employ consultants for the purpose of preparing and
conducting examinations.
(b) Licenses shall be valid for a period of one year. Renewal of a
license shall require completion of a refresher course, approved by the
Agency, including at least 8 hours of instruction, before the renewal is granted.
(Source: P.A. 85‑1195.)
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(225 ILCS 221/7) (from Ch. 111, par. 7807)
Sec. 7.
(a) The Agency shall impose a $50.00 fee for any original license
issued under this Act.
The Agency shall impose a $20.00 per year fee for the renewal of a license
issued under this Act.
(b) All fees received by the Agency pursuant to this Section shall be
deposited into the
Hazardous Waste Occupational Licensing Fund. Moneys in the Fund may be
used by the Agency, pursuant to appropriation, for the administration of this
Act.
(Source: P.A. 85‑1195; 85‑1441; 86‑820.)
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(225 ILCS 221/8) (from Ch. 111, par. 7808)
Sec. 8.
(a) There is hereby created within the Agency, a Hazardous Waste
Laborers' Licensing Board (hereinafter referred to as the "Board").
The Board shall consist of 5 members appointed by the Director.
Two members of the Board shall be members of unions representing
laborers, two shall be representatives of the hazardous waste
disposal industry, and 1 shall be a public member.
Board members shall be appointed for 4 year
terms and shall receive no compensation for their services on the Board,
but may be reimbursed for their actual expenses in serving on the Board.
(b) The Board shall annually elect one of its members as chairman, one
as vice chairman and one as secretary. No officer of the Board shall be
elected more than twice in succession to the same office. Each officer
shall serve until his successor has been elected and qualified.
(c) Three members of the Board shall constitute a quorum. A vacancy in
the membership of the Board shall not impair the right of a quorum to
exercise all the rights and perform all the duties of the Board.
(d) The Board shall make recommendations to the Director concerning any
aspect of licensing under this Act. The Board shall advise the Laborer
Inspector on matters relating to his duties under this Act.
(Source: P.A. 85‑1195.)
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(225 ILCS 221/9) (from Ch. 111, par. 7809)
Sec. 9.
The Director shall appoint a Laborer Inspector for a 4 year
term. The Laborer Inspector shall:
(a) assist the Board in carrying out its duties under this Act;
(b) investigate accidents involving laborers which occur at
hazardous waste cleanup job sites;
(c) inspect hazardous waste cleanup job sites to insure that all
personnel performing the duties of laborers are properly licensed.
(Source: P.A. 85‑1195.)
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(225 ILCS 221/10) (from Ch. 111, par. 7810)
Sec. 10.
The Agency may refuse to issue or to renew, or may
revoke, suspend, place on probation, censure or reprimand a licensee, or
impose fines not to exceed $5,000 for any one or a combination of the
following causes:
(a) The practice of any fraud or deceit in obtaining or attempting to obtain
a license;
(b) Any gross negligence, incompetency or misconduct in performing the
duties of a laborer involving the disposal, cleanup or handling of
hazardous waste at a facility while under the influence of alcohol or other
drugs;
(c) Conviction in this or another State of any crime which is a felony
under the laws of this State or conviction of a felony in a federal court,
if the Agency determines, after investigation, that such person has not
been sufficiently rehabilitated to warrant the public trust;
(d) The entry of an order by any circuit court establishing that any
person holding a license under this Act is a person subject to involuntary
admission under the Mental Health and Developmental Disabilities Code. The
person may have his license restored only upon the determination by a
circuit court that he is recovered from the mental illness which subjected him
to involuntary admission and upon the determination of the Agency that
the license be restored. Where the circumstances so indicate, the
Agency may require an examination prior to restoring any license;
(e) Failure to comply with any of the provisions of this Act or any of
the rules of the Agency pertaining thereto;
(f) Revocation or suspension of a license as a laborer in another state;
(g) Failure within 60 days, to provide information requested by the
Agency as the result of a formal or informal complaint to the
Agency which would indicate a violation of this Act.
The Agency may refuse to issue or may suspend the license of any
person who fails to file a return or to pay the tax, penalty or interest
shown in a filed return or to pay any final assessment of tax, penalty or
interest, as required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of any such tax
Act are satisfied.
(Source: P.A. 85‑1195.)
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(225 ILCS 221/11) (from Ch. 111, par. 7811)
Sec. 11.
The Agency may upon its own motion and shall upon the
sworn complaint in writing of any person setting forth charges which, if
proved, would constitute grounds for refusal, suspension or revocation of a
license as hereinabove set forth, investigate the actions of any person
holding or claiming to hold a license.
The Agency shall, before refusing to issue, suspend or revoke any
license at least 10 days prior to the date set for the hearing, notify the
applicant or holder of the license, in writing, of any charges made, and
shall afford him an opportunity to be heard in person or by counsel in
reference thereto. Such notice may be served by its delivery personally to
the accused person, or by mailing it by registered mail to the place of
business last theretofore specified by the accused person in his last
notification to the Agency. At the time and place fixed in the notice,
the Board shall proceed to the hearing of the charges and both the accused
person and the complainant shall be accorded ample opportunity to present
in person or by counsel, such statement, testimony, evidence and argument
as may be pertinent to the charges or to any defense thereto. The Board
may continue such hearing from time to time. If the Board is not sitting
at the time and place to which the hearing has been continued, the
Agency may continue the hearing for a period not to exceed 30 days, and
notice in writing shall be given to all parties in interest of the date and
hour to which the hearing has been continued, and the place at which it is
to be held.
(Source: P.A. 85‑1195.)
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(225 ILCS 221/12) (from Ch. 111, par. 7812)
Sec. 12.
All final administrative decisions of the Agency
hereunder shall be subject to judicial review pursuant to the provisions of
the Administrative Review Law, and all amendments and modifications
thereof, and the rules adopted pursuant thereto. The term "administrative
decision" is defined as in Section 3‑101 of the Code of Civil Procedure.
Such proceedings for judicial review shall be commenced in the circuit
court of the county in which the party applying for review resides;
provided, that if such party is not a resident of this State, the venue
shall be in Sangamon County.
The Agency shall not be required to certify any record to the court
or file any answer in court or otherwise appear in any court in a judicial
review proceeding, unless there is filed in the court with the complaint a
receipt from the Agency acknowledging payment of the costs of
furnishing and certifying the record which costs shall be computed at the
rate of 20 cents per page of such record. Exhibit shall be certified
without cost. Failure on the part of the Plaintiff to file such receipt in
court shall be grounds for dismissal of the action.
(Source: P.A. 85‑1195.)
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(225 ILCS 221/13) (from Ch. 111, par. 7813)
Sec. 13.
Performing the duties of a laborer involving the disposal,
cleanup or handling of hazardous waste at a facility in
this State or an offer to so practice, or to use, advertise or otherwise
represent to the public any title or description implying that one is a
laborer licensed to dispose, clean up or
handle hazardous waste at a facility, by any person not
at that time holding a valid and current license under this Act, is declared
to be inimical to the public welfare and to constitute a public nuisance.
The Attorney General for the State of Illinois, the Director of
the Environmental Protection Agency, the State's Attorney for any
county in the State, or any resident citizen may maintain an action in the
name of the people of the State of Illinois to perpetually enjoin any
person from so unlawfully operating as a laborer
and from the doing, committing or continuing of any such
unlawful act. In all proceedings hereunder the court, in its discretion,
may apportion the costs among the parties interested in the suit, including
cost of filing complaint, service of process, witness fees and expenses,
court reporter charges, and reasonable attorneys' fees. This proceeding is
in addition to and not in lieu of criminal prosecution.
(Source: P.A. 85‑1195.)
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(225 ILCS 221/14) (from Ch. 111, par. 7814)
Sec. 14.
(a) Any person who performs the duties of a laborer
involving the disposal, cleanup or handling of hazardous waste at a facility
without obtaining a laborer's license under this Act from the Agency shall
be guilty of a business offense and for the first violation shall be fined
not more than $1,000, for a second violation shall be fined not more than
$3,000 and for a third or subsequent conviction shall be fined not less than
$5,000.
(b) Any employer, contractor or agent who knowingly permits any
individual to perform the duties of a laborer involving the disposal, cleanup
or handling of hazardous waste at a facility without such individual holding a
valid laborer's license issued under this Act shall be guilty of
a Class A misdemeanor and may be fined not more than $1,000 for the first
offense, no less than $3,000 for the second offense or fined no less than
$5,000 for a third or subsequent offense.
(Source: P.A. 85‑1195.)
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(225 ILCS 221/15) (from Ch. 111, par. 7815)
Sec. 15.
The Agency shall exercise the power and duties
prescribed by The Civil Administrative Code of Illinois for the
administration of licensing Acts and shall exercise such other powers
and duties invested by this Act.
The Director may promulgate rules consistent with the
provisions of this Act, for the administration and enforcement
thereof and may prescribe forms which shall be issued in
connection therewith.
(Source: P.A. 85‑1195.)
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