There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 410 Public Health 410 ILCS 45/ Lead Poisoning Prevention Act.
(410 ILCS 45/1) (from Ch. 111 1/2, par. 1301)
Sec. 1.
Short title.
This Act may be cited
as the Lead Poisoning Prevention Act.
(Source: P. A. 87‑175.)
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(b) Has charge, care or control of the dwelling or | ||
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"Person" means any one or more natural persons, legal entities,
governmental bodies, or any combination.
"Residential building" means any room, group of rooms, or other
interior areas of a structure designed or used for human habitation; common
areas accessible by inhabitants; and the surrounding property or structures.
"Risk assessment" means a questionnaire to be developed by the Department
for use by physicians and other health care providers to determine risk factors
for children through 6 years of age residing in areas designated as low risk
for lead exposure.
(Source: P.A. 94‑879, eff. 6‑20‑06.)
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(2) a statement that the improper removal of old | ||
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(3) contact information where consumers can obtain | ||
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(b) The Department shall provide sample posters and brochures that commercial establishments may use. The Department shall make these posters and brochures available in hard copy and via download from the Department's Internet website. (c) A commercial establishment shall be deemed to be in compliance with this Section if the commercial establishment displays lead poisoning prevention posters or provides brochures to its customers that meet the minimum requirements of this Section but come from a source other than the Department.
(Source: P.A. 94‑879, eff. 6‑20‑06.) |
(410 ILCS 45/6.1) (from Ch. 111 1/2, par. 1306.1)
Sec. 6.1.
Removal of leaded soil.
The Department shall, in consultation
with the IEPA, specify safety guidelines for workers undertaking removal or
covering of leaded soil. Soil inspection requirements shall apply to
inspection of residential buildings or child care facilities subject to the
requirements of this Section.
(Source: P.A. 87‑175.)
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(410 ILCS 45/6.2) (from Ch. 111 1/2, par. 1306.2)
Sec. 6.2.
Physicians to screen children.
(a) Every physician licensed to practice medicine in all its branches or
health care provider shall screen children 6 months through 6 years
of age for
lead poisoning who are determined to reside in an area defined as high risk
by the Department. Children residing in areas defined as low risk by the
Department shall be assessed for risk by a risk assessment procedure developed
by the Department. Children shall be screened, in accordance with guidelines
and criteria set forth by the
American Academy of Pediatrics, at the priority intervals and using the
methods specified in the guidelines.
(b) Each licensed, registered, or approved health care facility serving
children from 6 months through 6 years of age, including but not
limited to,
health departments, hospitals, clinics, and health maintenance
organizations approved, registered, or licensed by the Department, shall take
the appropriate steps to ensure that the patients receive lead poisoning
screening, where medically indicated or appropriate.
(c) Children 6 years and older may also be screened by physicians or
health care providers, in accordance with guidelines and criteria set forth
by the American Academy of Pediatrics, according to the priority intervals
specified in the guidelines. Physicians and health care providers shall also
screen children for lead poisoning in conjunction with the school health
examination, as required under the School Code, when, in the medical judgement
of the physician, advanced practice nurse who has a written collaborative
agreement with a
collaborating
physician
that authorizes the advance practice nurse to perform health examinations, or
physician
assistant who has been delegated to perform health examinations by the
supervising
physician, the child is potentially at high risk of lead poisoning.
(d) Nothing in this Section shall be construed to require any child
to undergo a lead blood level screening or test whose parent or guardian
objects on the grounds that the screening or test conflicts with his or her
religious beliefs.
(Source: P.A. 93‑104, eff. 1‑1‑04.)
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(410 ILCS 45/7) (from Ch. 111 1/2, par. 1307)
Sec. 7.
Reports of lead poisoning required.
Every physician who
diagnoses, or a nurse, hospital administrator or public health officer who has
verified information of the
existence of any person found or suspected to have a level of lead in the
blood in excess of the permissible limits set forth in regulations
adopted by the Department, within 48 hours of receipt of
verification,
shall report to the Department the name, address, laboratory results, date
of birth, and any other information about the person deemed essential by
the Department. Directors of clinical laboratories must report to the
Department, within 48 hours of receipt of verification, positive
results of all
blood
lead analyses performed in their facility. The information included in the
clinical laboratories report shall include, but not be limited to, the child's
name, address, date of birth, name of physician ordering analysis, and specimen
type. All negative results must be reported to the Department in accordance
with rules adopted by the Department. These rules shall not require reporting
in less than 30 days after the end of the month in which the negative results
are obtained. All
reports shall be treated in
the same manner as information subject to the provisions of Part 21 of Article
VIII of the Code of Civil Procedure. Any physician, nurse, hospital
administrator, director of a
clinical laboratory, public health officer, or allied health professional
making a report in good faith shall be immune from any civil or criminal
liability that otherwise might be incurred from the making of a report.
(Source: P.A. 89‑381, eff. 8‑18‑95; 90‑182, eff. 1‑1‑98.)
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(410 ILCS 45/7.2) (from Ch. 111 1/2, par. 1307.2)
Sec. 7.2.
Laboratory fees for blood lead screening; Lead Poisoning Fund.
(a) The Department may establish fees according to a reasonable fee
structure to cover the cost of providing a testing service for laboratory
analysis of blood lead tests and any necessary follow‑up. Fees collected
from the Department's testing service shall be placed in a special fund in
the State treasury known as the Lead Poisoning Screening, Prevention, and
Abatement Fund. Other State and federal funds for expenses related to lead
poisoning screening, follow‑up, treatment, and abatement programs may also
be placed in the Fund. Moneys shall be appropriated from the Fund to the
Department of Public Health solely for the purposes of providing lead
screening, follow‑up, and treatment programs.
(b) Any delegate agency may establish fees, according to a reasonable
fee structure, to cover the costs of drawing blood for blood lead screening
and any necessary follow‑up.
(Source: P.A. 87‑175.)
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(C) State whether any lead bearing substances | ||
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(D) Describe the nature, extent, and location of | ||
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(E) State either that a lead hazard does exist | ||
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(F) Give the name of the person who conducted | ||
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(2) Mail or otherwise provide a copy of the | ||
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(Source: P.A. 94‑879, eff. 6‑20‑06.)
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(410 ILCS 45/8.1) (from Ch. 111 1/2, par. 1308.1)
Sec. 8.1.
Licensing of lead inspectors.
(a) By January 1, 1994, the Department shall establish standards and
licensing procedures for lead inspectors. An integral element of these
procedures shall be an education and training program prescribed by the
Department which shall include but not be limited to scientific sampling,
chemistry, and construction techniques. No person shall make inspections
without first being licensed by the Department. The penalty for inspection
without a license shall be a Class A misdemeanor.
(b) The Department shall charge licensed inspectors reasonable license
fees and the fees shall be placed in the Lead Poisoning Screening,
Prevention, and Abatement Fund and used to fund the Department's licensing
of inspectors and any other activities prescribed by this Act. An
inspector employed by the Department or its delegate agency shall not be
charged a license fee.
(Source: P.A. 87‑175.)
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(410 ILCS 45/8.2) (from Ch. 111 1/2, par. 1308.2)
Sec. 8.2.
Warrant procedures.
If the occupant of a
residential building or dwelling designated for inspection
under Section 8 refuses to allow inspection, an agent of the
Department or of the Department's delegate agency may apply
for a search warrant to permit entry. A court may issue a
warrant upon a showing that a victim of lead poisoning
resides or has recently resided in the residential building.
The findings of the inspection shall be reported to the
Department and to the appropriate enforcement authorities
established in this Act.
(Source: P.A. 87‑175.)
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(410 ILCS 45/9) (from Ch. 111 1/2, par. 1309)
Sec. 9.
Procedures upon determination of lead hazard.
(1) If the inspection report identifies a lead hazard, the Department or
delegate agency shall serve a mitigation notice on the property owner that the
owner is required to mitigate the lead hazard, and shall indicate the time
period specified in this Section in which the owner must complete the
mitigation. The notice shall include information describing mitigation
activities which meet the requirements of this Act.
(2) If the inspection report identifies a lead hazard, the owner shall
mitigate the lead hazard in a manner prescribed by the Department and within
the time limit prescribed by this Section. The Department shall adopt rules
regarding acceptable methods of mitigating a lead hazard. If the source of the
lead hazard identified in the inspection report is lead paint or any other
leaded surface coating, the lead hazard shall be deemed to have been mitigated
if:
(A) The surface identified as the source of the | ||
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(B) If the surface identified as the source of the | ||
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(3) Mitigation activities which involve the destruction or disturbance of
any leaded surface shall be conducted by a licensed lead abatement contractor
using licensed lead abatement workers. The Department may prescribe by rule
mitigation activities that may be performed without a licensed contractor or
worker. The Department may, on a case by case basis, grant a waiver of the
requirement to use licensed lead abatement contractors and workers, provided
the waiver does not endanger the health or safety of humans.
(4) The Department shall establish procedures whereby an owner,
after receiving a mitigation notice under this Section, may submit a
mitigation plan to the Department or delegate agency for review and approval.
(5) When a mitigation notice is issued for a dwelling unit inspected as a
result of an elevated blood lead level in a pregnant woman or a child, or if
the dwelling unit is occupied by a child under 6 years of age or a pregnant
woman, the owner shall mitigate the hazard within 30 days of receiving the
notice; otherwise, the owner shall complete the mitigation within 90 days.
(6) An owner may apply to the Department or its delegate agency
for an extension of the deadline for mitigation. If the Department or its
delegate agency determines that the owner is making substantial progress
toward mitigation, or that the failure to meet the deadline is the result
of a shortage of licensed abatement contractors or workers, or that the
failure to meet the deadline is because the owner is awaiting the review
and approval of a mitigation plan, the Department or delegate agency may
grant an extension of the deadline.
(7) The Department or its delegate agency may, after the deadline set for
completion of mitigation, conduct a follow‑up inspection of any dwelling for
which a mitigation notice was issued for the purpose of determining whether the
mitigation actions required have been completed and whether the activities have
sufficiently mitigated the lead hazard as provided under this Section. The
Department or its delegate agency may conduct a follow‑up inspection upon the
request of an owner or resident. If, upon completing the follow‑up inspection,
the Department or its delegate agency finds that the lead hazard for which the
mitigation notice was issued is not mitigated, the Department or its delegate
agency shall serve the owner with notice of the deficiency and a mitigation
order. The order shall indicate the specific actions the owner must
take to comply with the mitigation requirements of this Act, which may
include abatement if abatement is the sole means by which the lead hazard
can be mitigated. The order shall also include the date by which the
mitigation shall be completed. If, upon completing the follow‑up
inspection, the Department or delegate agency finds that the mitigation
requirements of this Act have been satisfied, the Department or delegate
agency shall provide the owner with a certificate of compliance stating
that the required mitigation has been accomplished.
(Source: P.A. 87‑175; 87‑1144.)
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(410 ILCS 45/9.1) (from Ch. 111 1/2, par. 1309.1)
Sec. 9.1.
Owner's obligation to give notice.
An owner of a
dwelling unit or residential building who has received a mitigation notice
under Section 9 of this Act shall, before entering into a lease
agreement for the dwelling unit for which the
mitigation notice was issued, provide prospective lessees of that
unit with written notice that a lead hazard has previously been
identified in the dwelling unit, unless the owner has obtained a
certificate of compliance for the unit under Section 9. An owner
may satisfy this notice requirement by providing the prospective
lessee with a copy of the inspection report prepared pursuant to Section 9.
Before entering into a residential lease agreement, all owners
of residential buildings or dwelling units built before 1978
shall give prospective lessees information on the potential
health hazards posed by lead in residential dwellings by providing the
prospective lessee with a copy of an informational brochure prepared by the
Department. Within one year of the effective date of this amendatory Act of
1992, owners of residential buildings or dwelling units built before 1978 shall
provide current lessees with such brochure.
(Source: P.A. 87‑1144.)
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(2) that other units in the building may have lead | ||
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(3) that the Department recommends that children 6 | ||
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(4) where to seek further information; and (5) whether mitigation notices have been issued for 2 | ||
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Once the owner has complied with a mitigation notice or mitigation order issued by the Department, the owner may remove the notices posted pursuant to this Section.
(Source: P.A. 94‑879, eff. 6‑20‑06.) |
(410 ILCS 45/10) (from Ch. 111 1/2, par. 1310)
Sec. 10.
The Department, or representative of a unit of local government or
health department approved by the Department for this purpose, shall report any
violation of this Act to the State's Attorney of the county in which the
dwelling is located, who has then the authority to charge the owner with Class
A misdemeanor, and who shall take additional measures to insure that rent is
withheld from the owner by the occupants of the dwelling or dwelling units
affected, until the mitigation requirements under Section 9 of this Act are
complied with.
No tenant shall be evicted because an individual with an elevated blood
lead level or with suspected lead poisoning resides in the dwelling unit,
or because rent is withheld under the provisions of this Act, or because of
any action required of the dwelling owner as a result of enforcement of
this Act.
In cases where no action is taken which will result in the remedy of the
hazard created by the lead‑bearing substances within the stated time
period, the local health officer and the local building officials may as
practical utilize such community resources as are available to effect the
relocation of the individuals who occupied the dwelling or dwelling unit
affected until the remedy is made by the owner.
(Source: P.A. 87‑175; 87‑1144.)
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(410 ILCS 45/11) (from Ch. 111 1/2, par. 1311)
Sec. 11.
Manner of mitigation of lead hazards.
All mitigation shall be
accomplished in a manner which will not endanger the health or well‑being of
residential building or dwelling unit occupants, and will
result in the safe
removal from the premises, and the safe disposition, of flakes, chips, debris,
dust, and other potentially harmful materials.
(Source: P.A. 87‑175; 87‑1144; 88‑670, eff. 12‑2‑94.)
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(410 ILCS 45/11.05)
Sec. 11.05. Advisory Council.
(a) The General Assembly finds the following:
(1) Lead‑based paint poisoning is a potentially | ||
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(2) The number of lead‑poisoned children in Illinois | ||
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(3) Lead poisoning causes irreversible damage to the | ||
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(4) Older housing is the number one risk factor for | ||
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(5) Illinois ranks 10th out of the 50 states in the | ||
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(6) There are nearly 1.4 million households with | ||
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(7) Most children are lead‑poisoned in their own | ||
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(8) The control of lead hazards significantly | ||
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(9) Windows are considered a higher lead exposure | ||
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(10) There is an insufficient pool of licensed lead | ||
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(11) Training, insurance, and licensing costs for | ||
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(12) Through grants from the United States | ||
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(b) For purposes of this Section:
"Advisory Council" means the Lead‑Safe Housing Advisory
Council created under subsection (c).
"Lead‑Safe Housing Maintenance Standards" or "Standards"
means standards developed by the Advisory Council pursuant
to this Section.
"Low‑income" means a household at or below 80% of the median
income level for a given county as determined annually by
the United States Department of Housing and Urban
Development.
"Primary prevention" means removing lead hazards before a child is
poisoned
rather than relying on identification of a lead poisoned child as the
triggering event.
(c) The Lead‑Safe Housing Advisory
Council is created to advise the Department on lead poisoning prevention
activities. The Advisory Council shall be
chaired by the Director or his or her designee and the chair of the Illinois
Lead Safe Housing Task Force and provided with administrative support by the
Department. The Advisory Council shall be comprised of (i) the directors, or
their designees, of the Illinois Housing Development Authority and the
Environmental Protection Agency; and (ii) the directors, or their designees,
of public health departments of counties identified by the Department that
contain communities with a concentration of
high‑risk, lead‑contaminated properties.
The Advisory Council shall also include the following members appointed by
the Governor:
(1) One representative from the Illinois Association | ||
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(2) One representative from the insurance industry.
(3) Two pediatricians or other physicians with | ||
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(4) Two representatives from the private‑sector, | ||
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(5) Two representatives from community based | ||
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(6) At least 3 lead‑safe housing advocates, | ||
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(7) One representative from the Illinois paint and | ||
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Within 9 months after its
formation, the Advisory Council
shall submit a written report to the Governor and the General Assembly on:
(1) developing a primary prevention program for | ||
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(2) developing a sufficient pool of lead abatement | ||
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(3) targeting blood lead screening to children | ||
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(4) ensuring lead‑safe work practices in all | ||
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(5) funding mechanisms to assist residential | ||
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(6) providing insurance subsidies to licensed lead | ||
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(7) developing any necessary legislation or | ||
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The Advisory Council shall develop handbooks and training for property owners
and tenants
explaining the Standards and State and federal requirements for
lead‑safe housing.
The Advisory Council shall meet at least quarterly. Its members shall
receive no compensation for
their services, but their reasonable travel expenses actually incurred shall be
reimbursed by the Department.
(Source: P.A. 93‑348, eff. 1‑1‑04; 93‑789, eff. 7‑22‑04.)
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(410 ILCS 45/11.1) (from Ch. 111 1/2, par. 1311.1)
Sec. 11.1.
Licensing of lead abatement contractors and workers.
Except as otherwise provided in this Act, performing lead abatement or
mitigation without a license is a Class A misdemeanor.
The Department shall provide by rule for the licensing of lead
abatement contractors and lead abatement workers and shall establish
standards and procedures for the licensure. The Department
may collect a reasonable fee for the licenses. The fees shall
be deposited into the Lead Poisoning Screening, Prevention, and
Abatement Fund and used by the Department for the costs of
licensing lead abatement contractors and workers and other activities
prescribed by this Act.
The Department shall promote and encourage minorities and females and
minority and female owned entities to apply for licensure under this Act
as either licensed lead abatement workers or licensed lead abatement
contractors.
The Department may adopt any rules necessary to ensure proper
implementation and administration of this Act and of the federal Toxic
Substances Control Act, 15 USC 2682 and 2684, and the regulations promulgated
thereunder: Lead; Requirements for Lead‑Based Paint Activities (40 CFR 745).
The application of this Section shall not be limited to the activities taken in
regard to lead poisoned children and shall include all activities related to
lead abatement, mitigation and training.
(Source: P.A. 89‑381, eff. 8‑18‑95.)
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(410 ILCS 45/11.2) (from Ch. 111 1/2, par. 1311.2)
Sec. 11.2.
Administrative action.
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. 92‑447, eff. 8‑21‑01.)
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(410 ILCS 45/13) (from Ch. 111 1/2, par. 1313)
Sec. 13.
The Department is authorized to promulgate reasonable
rules and regulations for carrying out the provisions of this Act.
(Source: P. A. 87‑175.)
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(410 ILCS 45/13.1) (from Ch. 111 1/2, par. 1313.1)
Sec. 13.1.
Administrative Procedures Act; Application.
The
provisions of the Illinois Administrative Procedure Act are adopted and
shall apply to all administrative rules and procedures of the Department of
Public Health under this Act, except that in cases of conflict between the
Illinois Administrative Procedure Act and this Act, the provisions of this
Act shall control. 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. 87‑175; 88‑45.)
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(410 ILCS 45/14) (from Ch. 111 1/2, par. 1314)
Sec. 14.
Departmental regulations and activities.
The Department shall
establish and publish regulations and guidelines governing permissible
limits of lead in and about residential buildings and dwellings.
The Department shall also initiate activities that:
(a) Will either provide for or support the monitoring and validation of
all medical laboratories, private and public hospitals that perform lead
determination tests on human blood or other tissues;
(b) Will, subject to Section 7.2 of this Act, provide laboratory testing
of blood specimens for lead content, to any physician, hospital, clinic,
free clinic, municipality or private organizations that cannot secure or
provide the services through other sources. The Department shall not assume
responsibility for blood lead analysis required in programs currently in
operation;
(c) Will develop or encourage the development of appropriate programs
and studies to identify sources of lead intoxication and assist other
entities in the identification of lead in children's blood and the sources
of that intoxication;
(d) May provide technical assistance and consultation to local, county
or regional governmental or private agencies for the promotion and
development of lead poisoning prevention programs.
(e) Will provide recommendations by the Department on the subject of
identification and treatment for lead poisoning.
(f) Will maintain a clearinghouse of information and will develop
additional educational materials on lead hazards to children, lead
poisoning prevention, lead poisoning screening, lead mitigation, abatement and
disposal, and on health hazards during abatement. The Department shall
make this information available to the general public.
(Source: P.A. 87‑175; 87‑1144.)
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(410 ILCS 45/15) (from Ch. 111 1/2, par. 1315)
Sec. 15.
Other relief.
Nothing in this Act shall be interpreted or
applied in any manner to defeat or impair the right of any person, entity,
municipality or other political subdivision to maintain an action or suit
for damages sustained or for equitable relief, or for violation of an
ordinance by reason of or in connection with any violation of this Act. The
failure to remove lead based substances within the time prescribed by this
Act shall be prima facie evidence of negligence in any action brought to
recover damages for injuries incurred after the expiration of that period.
This Act shall not prohibit any city, village, incorporated township or
other political subdivision from enacting and enforcing ordinances
establishing a system of lead poisoning control which provide the same or
higher standards than those set forth in this Act.
(Source: P. A. 87‑175.)
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(410 ILCS 45/16) (from Ch. 111 1/2, par. 1316)
Sec. 16.
Effect of invalid provisions or applications of Act.
If any
provision of this Act or the application of this Act to any person or
circumstances shall be held invalid, the invalidity shall not affect the
provisions or application of this Act that can be given effect without the
invalid provision or application, and to this end the provisions of this
Act are declared to be severable.
(Source: P. A. 87‑175.)
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(410 ILCS 45/17) (from Ch. 111 1/2, par. 1317)
Sec. 17.
This Act takes effect upon its becoming a law.
(Source: P.A. 78‑560.)
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