SECTION 845.30 MITIGATION OR ABATEMENT OF LEAD HAZARDS

a.The following procedures shall be followed upon determination by the Department or delegate
agency that a lead hazard is present in or upon any dwelling or residential building or child care
facility. The Department or delegate agency will provide the occupant of the dwelling with a copy of
any mitigation notice, amended notice, mitigation plan, amended plan, or follow-up inspection report
issued pursuant to this subsection (a).
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. The mitigation notice shall indicate the time period in which the owner must
complete the mitigation as required by subsection (a)(3) of this Section, and shall include
information describing mitigation activities which meet the requirements of this Part and the
Act. (Section 9(1) of the Act)
2.If the inspection report prepared in accordance with Section 845.26, identifies a lead
hazard, the owner shall mitigate the lead hazard in accordance with the requirements of this
Section and within the time limits set forth in subsection (a)(3) of this Section. 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 hazard is no longer in a condition that
produces a hazardous level of leaded chips, flakes, dust or any other form of
leaded substance that can be ingested or inhaled by humans; or
B.If the surface identified as the source of the hazard is accessible to children and
could reasonably be chewed on by children, the surface coating is either removed
or covered, or the access to the leaded surface by children is otherwise prevented
as prescribed by the Department. (Section 9(2) of the Act)

3.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 after receiving the notice; otherwise, the owner
shall complete the mitigation within 90 days. (Section 9(5) of the Act)
4.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 during the
prescribed time period, 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. (Section 9(6) of the Act)
5.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. 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. (Section 9(7) of the Act)

b.In order to ensure that lead mitigation or abatement activities do not result in lead contamination of
areas outside of the abatement worksite or work area, the removal of lead-bearing substances from
the dwelling, residential building, or child care facilities shall be conducted in a manner that will not
endanger the health or well-being of occupants and will result in the safe removal from the worksite
or work area and the safe disposal of flakes, chips, debris, dust, and other lead-bearing substances.
Notwithstanding any provisions to the contrary, performance of mitigation and abatement activities
which do not conform to procedures and criteria provided in this Section, whether or not those
procedures and criteria are expressly made mandatory in this Section, shall create a rebuttable
presumption of creation of a health hazard by the person performing such activities.
c.Mitigation. Mitigation is an interim method of eliminating the lead hazard risk to a child and may
consist of any number of the Department-prescribed lead hazard repair activities specified in
subsections (c)(1) through (4) of this Section. Such activities may not be considered final actions if it
is determined, through a follow-up inspection conducted pursuant to subsection (a)(5) of this
Section, that the lead hazard repair measures taken have not sufficiently mitigated the lead hazard.
Lead hazard repairs shall be completed within the time specified after receipt of written notification.
When conducting any lead hazard repair that does not create lead dust or fumes as specified in
subsections (c)(1) through (4), the requirements of Section 845.28 pertaining to the licensure of lead
workers, lead contractor/supervisors, or lead abatement contractors and the requirements of
subsections (d)(1)(B) through (E) and (d)(2) of this Section are optional.
1.All loose paint shall be moistened and carefully scraped from defective surfaces. These
areas shall then be covered with contact paper, cloth, canvas, or other material which will
create an intact surface for the purpose of preventing the paint chips from falling on the
floor and preventing a child's access to the lead hazard. All debris shall be collected and
sealed in plastic bags for proper disposal in accordance with subsection (q) of this Section.
2.Areas which may be chewed upon by a child shall be covered with heavy paper, cardboard,
cloth, canvas, or other material that will prevent access to the lead hazard by a child.
3.All plaster and paint chips shall be collected, and any surfaces that have collected paint
dust shall be cleaned by damp mopping with a phosphate-containing detergent or trisodium
phosphate (TSP), or a phosphate-free lead-dissolving detergent.
4.A mitigation plan shall be submitted by the owner or its agent to the Department or
delegate agency specifying the method or methods by which surfaces which will be
managed-in-place are to be maintained in an intact condition. The plan shall include an
inspection schedule, which shall include inspection by the owner or its agent at least
annually, and a maintenance schedule. Any surfaces that are not intact, as determined
through an inspection, shall be repaired using the mitigation techniques specified in
subsections (c)(1), (2), and (3) of this Section.
d.Abatement. For cases in which a follow-up inspection conducted pursuant to subsection (a)(5) of this
Section determines that lead hazard repair measures taken have not sufficiently mitigated the lead
hazard, abatement may be deemed necessary. If the Department or delegate agency determines
that abatement is the sole means by which a lead hazard can be mitigated, then abatement
activities shall be conducted in accordance with this Section. 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 (Section 9 of the Act). If the mitigation activities
described in subsection (c) of this Section will not result in protection of a child, or are not practical,
any child or children shall be removed to a lead-safe dwelling until abatement is completed.
1.Personnel Protection. An owner, its agent, or any person who is performing corrective
action that is prescribed by the Department or a delegate agency for lead abatement in a
dwelling, shall take the following precautions to protect his or her health and the health of
occupants of the dwelling during any lead abatement that may produce lead dust or fumes.
Monitoring of airborne dust shall be performed when work is in progress and respiratory
protection shall be provided in accordance with this Section. The owner or its agent shall
assure, through the monitoring of airborne dust in the work site and in areas that are
outside but adjacent to the work site, that no person conducting lead abatement work
directed by the Department or owner is exposed to lead at concentrations greater than the
permissible exposure limit average (50 mcg/m(3)) over an eight-hour period.

A.No children, pregnant women, unprotected workers, nonworkers, or pets shall be
permitted to enter the work site.
B.Respiratory protection shall be worn by all individuals in the work site or work area
who may be exposed to lead dust or fumes at all times during lead abatement
activities. Respiratory protection in accordance with OSHA Interim Final Rule for
Lead in Construction - 29 CFR 1926.62, shall be worn until all areas have been
thoroughly cleaned as described in subsection (o) of this Section. The following are
the minimum respiratory protection requirements:
i.Air lead levels of 500ug/m(3) or less: Half-mask air purifying (protection
10X) respirator with high efficiency filters; or half-mask supplied air
respirator operated in demand (negative-pressure) mode.
ii.Air lead levels between 500ug/m(3) and 1,250ug/m(3): Loose fitting hood
or helmet (protection 25X) powered air purifying respirator with high
efficiency filters; or hood or helmet supplied air respirator operated in
continuous-flow mode (e.g., type CE abrasive blasting respirators
operated in a continuous flow mode).
iii.Air lead levels between 1250ug/m(3) and 2500ug/m(3): Full facepiece air
purifying (protection 50X) respirator with high efficiency filters; tight fitting
powered air purifying respirator with high efficiency filters; full facepiece
supplied air respirator operated in demand mode; half-mask or full
facepiece supplied air respirator operated in a continuous-flow mode; or
full facepiece self-contained breathing apparatus (SCBA) operated in
demand mode.
iv.Air lead levels between 2500ug/m(3) and 50,000ug/m(3): Half-mask
supplied air (protection 1,000X) respirator operated in pressure-demand or
other positive pressure mode.
v.Air lead levels between 50,000ug/m(3) and 100,000ug/m(3): Full
facepiece supplied air (protection 2,000X) respirator operated in pressure
demand or other positive pressure mode (e.g., type CE abrasive blasting
respirators operated in a positive pressure mode).
vi.Greater than 100,000ug/m(3): Full facepiece SCBA operated unknown
concentration, in pressure-demand or other or fire fighting positive
pressure mode (protection over 2000X).
C.Only approved Mine Safety and Health Administration (MSHA) or National Institute
of Occupational Safety and Health (NIOSH) respirators shall be used. Respirators
shall be properly fitted for all persons working at the site. If any person has a
medical history of respiratory problems, a physician should be contacted for testing
to determine if the person may wear such respirators.
D.The manufacturers' instructions shall be followed for maintenance, proper fit, use of
appropriate cartridges, cleaning, repair, replacement of defective parts, appropriate
storage, and the frequency of cartridge replacement for the specific respirator in
use. (NOTE: Respirators are not effective if facial hair (a beard, etc.) is present
because a good seal cannot form between the respirator and skin.)
E.Respirators shall not be removed while in the work site or work area.
F.Additional respiratory protection by supplemental filters, such as organic vapor
cartridges, may be needed when handling some coating or stripping products.
Consult the Material Safety Data Sheets (MSDS) or the manufacturer and obtain
the proper filters as necessary.

2.Individuals at the work site shall wear full body suits with hoods and shoe covers. A
TYVEK or similar type of disposable suit may be worn. Disposable suits shall be
used once, then properly discarded. Protective clothing, as described above, and
other personal protective equipment (PPE) shall be put on prior to entering the
work site or work area. Protective clothing shall be worn in the work site or work
area until it has been thoroughly cleaned as described in clean-up activities in
subsection (o) below. Protective clothing shall be changed before leaving the work
site or work area and nondisposable suits shall be laundered separately. An area
other than the work site or work area shall be provided for persons to put on suits
and other PPE and to store their street clothes.
3.Goggles with side shields shall be worn when working with a material that may
splash or fragment, or if protective eye wear is specified on the Material Safety
Data Sheet (MSDS) for that product.

e.Notice to Occupants. The owner or its agent shall give notice to the occupants of a dwelling to be
abated for lead, at least 7 days but not more than 30 days, before a contractor or the owner may
commence a lead abatement project. Before beginning a lead abatement project, the owner of the
building in which lead abatement is to take place shall remove all furniture and packed personal
items from the work site and store them in a secure place. The owner of the building in which the
lead abatement project is to take place shall notify all residents of:
1.the site or area which is to be abated;
2.the date on which abatement is to commence; and
3.the occupants' obligations under this Section to place all personal items in a box or other
closed, easily handled container. Every occupant of a dwelling to be abated, who has
received a notice of lead abatement, shall be responsible for placing all personal items in
boxes or other closed, easily handled containers.
f.Residential Buildings. At all times when a lead abatement project is being conducted in a common
area of a residential building:
1.occupants and pets shall use alternative entrances and exits which do not require passage
through the work site or work area, if such entrances and exits exist;
2.the owner or its agent shall use all reasonable efforts to create an uncontaminated
passage for entrance and egress of all building occupants; and
3.if the entrance to and egress from a building can only be through the work site or work
area, abatement in the work site or work area shall be conducted between the hours of 9
a.m. to 3 p.m. only, and the work site or work area shall be cleaned with a HEPA vacuum at
the end of each working day until all surfaces are free of visible dust and debris.
g.Abatement of lead-bearing substances shall not employ the following methods:
1.open flame burning;
2.dry-sanding;
3.open abrasive blasting;
4.uncontained hydro-blasting;
5.methylene chloride for interior use (except that methylene chloride may be used in work
sites for localized touch-up); or
6.dry-scraping.
h.Abatement of lead-bearing substances shall employ only the following methods:
1.Replacement. Any component part of a building may be abated by replacement with a part
free of lead-bearing substances.
2.Removal. Unless replaced, encapsulated, or reversed, woodwork may be abated by using
the following techniques:

A.offsite chemical stripping;
B.heat gun (The temperature of the heat gun shall not exceed 1,100 F.);
C.nonflammable chemical strippers which do not contain methylene chloride, except
that chemical strippers containing methylene chloride may be used for localized
touch-up;
D.sander equipped with HEPA vacuum;
E.vacuum-blasting in exterior work areas only;
F.contained hydro-blasting in exterior work areas only; or
G.mechanical paint removal systems equipped with a HEPA vacuum.

3.Unless replaced or encapsulated, walls or ceilings may be abated by using the
following techniques:

A.wet-scraping of loose material, if scraping is followed by encapsulation;
B.vacuum-blasting in exterior work areas only; or
C.contained hydro-blasting in exterior work areas only.

4.Enclosure. A wall or ceiling surface may be abated by covering the lead-bearing
surface with any of the following materials, provided use of any material complies
with local building ordinances or codes. (All seams and openings shall be caulked
and sealed where applicable.):

A.gypsum board;
B.fiberglass mats;
C.canvas-backed vinyl wall coverings;
D.high pressure, laminated plastic sheet, such as Formica (R);
E.tile;
F.paneling;
G.other durable material that does not readily tear or peel; or
H.solvent-free coatings (not household paint) applied in accordance with the
manufacturer's directions.

5.A floor surface may be abated by enclosure using the following materials:

A.tile;
B.vinyl flooring;
C.wood; or
D.stone.

6.A woodwork surface may be abated by enclosure or encapsulation only with the
following materials:

A.plastic;
B.metal;
C.wood; or
D.solvent-free coatings (not household paint) applied in accordance with the
manufacturer's directions.

7.Reversal. A woodwork surface may be abated by reversing component parts,
provided that no lead-bearing surface remains exposed at the completion of the
process and all seams are caulked and sealed.
8.Windows, when abated, shall be completely treated, including inside, outside, and
sides of sashes and mullions. Window frames shall be abated to the outside edge
of the frame, including slides, sash guides, and window wells and sills.

i.Alternative Procedures
1.The Department or delegate agency may allow an alternative procedure for abatement,
containment or cleanup of a lead paint hazard, provided that the owner submits to the
Department or delegate agency a written description of the alternative procedure that
demonstrates to the satisfaction of the Department that the proposed alternative procedure
provides a level of abatement and safety equivalent to the requirements of this Section.
The delegate agency shall send a copy of the request and the delegate agency's response
to the Department for its records.
2.In all cases in which the Department or delegate agency allows the use of an alternative
procedure under subsection (h)(1) above, the owner and occupant shall, for a one-year
period after completion of the lead abatement project, permit the Department or delegate
agency to enter and inspect the area of abatement for the purpose of determining the
effectiveness and durability of the allowed alternative procedure.
ii.Caution Signs. At each work site or work area in dwellings occupied by two or more families, the
owner or its agent performing an abatement shall display a caution sign in the following manner
wherever the abatement process is reasonably expected to break or disturb any lead-bearing
substances.
1.At least 3 days before removing, enclosing, or encapsulating lead paint, the owner shall
post caution signs immediately outside all entrances and exits to the work site. In
emergency situations posting shall be done as soon as possible.
2.The owner shall keep the caution signs posted until the lead abatement is completed.
3.The owner shall ensure that caution signs meet the following specifications:

A.the sign shall be at least 20" by 14", and state the date and place of the lead
abatement project;
B.except as provided in subsection (j)(3)(C) below, the sign shall include the phrase
"Caution, Lead Hazard, Keep Out" or "Warning, Lead Work Area, Keep Out" in
bold lettering, at least two inches high; and
C.in dwellings occupied by two or more households where common areas are to be
abated, the sign shall include the phrase "Caution, Lead Hazard, Do Not Remain
in Work Area Unless Authorized" in bold lettering at least two inches high.

k.Residential Buildings
1.In residential buildings where common areas are to be abated, the owner or its agent shall
post a notice on the door of each apartment in the building at least three days before a
lead abatement project commences.
2.The notice required in subsection (k)(1) above shall contain:

A.the date of commencement of abatement and identification of the area to be
abated; and
B.a caution statement alerting residents not to enter the work site or work area.

l.Personal Hygiene Practices
1.Eating, drinking, smoking, and applying of cosmetics are not allowed in the work site or work
area. Any person leaving the work site or work area shall rinse his or her mouth with potable
water and wash hands and face thoroughly before eating, drinking or smoking.
2.All individuals shall wash or shower before leaving the work site or work area for the day.
3.A lavatory facility or potable water supply or a portable decontamination unit shall be
provided and located at the work site or work area for the washing of hands and face and
for clean up activities.
m.Negative air pressure shall be maintained in work sites undergoing lead abatement in multiple
dwelling units occupied by two or more households having a common area and in residential
buildings having a common area, in which any unit of the building is undergoing lead abatement.
The maintenance of negative air pressure will ensure that contaminated air does not filter from the
work site to uncontaminated areas. (See Appendix D of this Part)
1.The negative pressure system shall use HEPA filters and shall operate continuously, 24
hours a day, at the start of the lead abatement work through clean-up as described in
Section 845.30(o).
2.The owner or its agent shall assure, through the monitoring of airborne dust, that no person
conducting lead abatement work directed by the Department is exposed to lead at
concentrations greater than 50 mcg/m(3) average over an eight-hour period.
n.Containment
1.Interior Containment. Before beginning to abate a lead-containing substance which will
cause lead dust or fumes in excess of the requirements in subsection (c) above in the work
site, the owner or its agent performing an abatement shall:

A.ensure that all movable objects have been removed from the work site;
B.turn off all forced air ventilation in the work site and seal exhaust and intake points
in the work site;
C.if the work site is a room or group of rooms within a building, seal the work site from
all other portions of the building with plastic sheeting at least 6 mils thick, secured
by duct tape or spray adhesives;
D.seal the opening seams of all kitchen cabinets and refrigerators individually with
tape;
E.cover all objects that cannot be moved, such as radiators, refrigerators, stoves,
kitchen cabinets, built-in furniture, and bookcases, with plastic sheeting at least 6
mils thick taped securely in place;
F.cover floors in the work site with plastic sheeting at least 6 mils thick sealed with
tape; and
G.remove all carpeting from the work site prior to abatement. Carpeting shall be
professionally cleaned or replaced. Carpeting shall be misted with water prior to
removal to prevent lead dust exposure.

2.Exterior Containment. Before beginning to abate a lead-containing substance in
an exterior work site, the owner or its agent performing the abatement shall use the
following procedures:

A.When liquid waste is produced by any abatement technique used, plastic sheeting
at least 6 mils thick shall be placed on the ground, as close as possible to the
building foundation, or on the floor when applicable. Sheeting placed on the
ground or floor shall be raised at its edge and extended a sufficient distance to
contain the liquid waste.
B.When nonliquid waste is produced by any abatement technique used, plastic
sheeting at least 6 mils thick shall be placed on the ground, as close as possible to
the building foundation, or on the floor when applicable. Sheeting placed on the
ground or floor shall extend out from the foundation 3 feet per story being abated,
with a minimum of 5 feet and a maximum of 20 feet.
C.Sheeting placed on an exterior floor shall cover the entire floor.
D.Sheeting shall be secured at the foundations and along all edges and seams.
E.If the wind speed causes visible dust during an exterior abatement project
producing dry waste, abatement shall not be continued or performed unless
vertical shrouds are erected.
F.When vacuum blasting or contained hydro-blasting, interior windows shall be
sealed with plastic sheeting 6 mils thick and secured with water proof tape.

3.For all sealing and covering of interior and exterior abatement work the owner or its
agent shall use the following:

A.plastic sheeting, at least 6 mils thick or equivalent;
B.duct tape or equivalent waterproof tape;
C.spray adhesives; or
D.other additional appropriate work practices to contain particulate lead or
lead-containing liquids.

4.Alternative Procedures

A.The Department or delegate agency may allow an alternative procedure for
abatement, containment or cleanup of a lead paint hazard, provided that the
owner submits to the Department or delegate agency a written description of the
alternative procedures that demonstrates to the satisfaction of the Department that
the proposed alternative procedure provides a level of abatement and safety
equivalent to the requirements of this Section. The delegate agency shall send a
copy of the request and the delegate agency's response to the Department for its
records.
B.In all cases in which the Department or delegate agency allows the use of an
alternative procedure under subsection (n)(4)(A) above, the owner and occupant
shall, for a one-year period after completion of the lead abatement project, permit
the Department or delegate agency to enter and inspect the area of abatement for
the purpose of determining the effectiveness and durability of the allowed
alternative procedure.

o.Cleanup of Interior Work Site. Refer to Appendix D of this Part if a negative pressure system is used.
After completion of the removal, replacement, enclosure, encapsulation, or reversal involved in an
abatement project, the owner or its agent shall:
1.deposit all lead waste, including sealing tape and plastic sheeting, in double plastic bags at
least 4 mils thick or single bags 6 mils thick or equivalent, and seal the bags;
2.before washing, vacuum-clean all surfaces in the work site including woodwork, walls,
windows, window wells, and floors with a HEPA vacuum;
3.after vacuum-cleaning, wet wash all surfaces in the work site including woodwork, walls,
windows, window wells, ceilings and floors with a solution containing trisodium phosphate
mixed according to the manufacturer's directions, or a phosphate-free lead dissolving
detergent; and
4.if visible residue remains after washing and allowing all surfaces to dry, vacuum all surfaces
with HEPA vacuum, as described in subsection (o)(2) above; and
5.deposit all lead waste from clean-up, including mop heads, sponges, filters, and disposable
clothing, in double plastic bags at least 4 mils thick or single bags 6 mils thick, and seal the
bags.
p.Cleanup of Exterior Work Area. After completion of the replacement, removal, encapsulation,
enclosure, or reversal involved in an exterior abatement or mitigation project, the owner or its agent
shall:
1.recover all visible debris from exterior areas;
2.HEPA vacuum all porches that have been abated; and
3.wet wash all surfaces in the work site, including woodwork, windows, window wells, and
floors, with a solution containing trisodium phosphate mixed according to the manufacturer's
directions, or a phosphate-free lead dissolving detergent.
q.Waste Disposal
1.The owner or its agent of any dwelling who has conducted lead abatement that was
prescribed by the Department or delegate agency shall contact the Illinois Environmental
Protection Agency and local authorities to determine lead-based paint debris disposal
requirements.
2.In addition, the owner or its agent shall:

A.remove lead waste from the site of an abatement project not later than 48 hours
after completing the final cleanup;
B.place lead-based paint chips, debris, and lead dust in double 4-mil or single 6-mil
polyethylene bags; or equivalent, that are air-tight and puncture-resistant. Pieces
of wood or other large items that do not fit into plastic bags shall be wrapped with
double 4-mil or single 6-mil plastic sheeting and sealed;
C.place all disposable cleaning materials, such as sponges, mop heads, filters,
disposable clothing, and brooms in double 4-mil or single 6-mil plastic bags, or
equivalent, and seal;
D.remove plastic sheeting and tape from covered surfaces. Prior to removing the
plastic sheeting, the sheeting shall be lightly misted in order to keep dust down
and folded inward to form tight small bundles to bag for disposal. All plastic
sheeting shall be placed in double 4-mil or single 6-mil thick plastic bags, or
equivalent, and shall be sealed;
E.bag and seal vacuum cleaner bags and filters in double 4-mil or single 6-mil thick
plastic bags or equivalent;
F.place all contaminated clothing or clothing covers used during abatement and
cleanup in plastic bags for disposal prior to leaving equipment room, work site or
work area;
G.place solvent residues and residues from strippers in drums made from materials
that cannot be dissolved or corroded by chemicals contained in those solvents and
strippers. Solvents shall be tested to determine if they are hazardous. Solvents
and caustic and acid waste shall not be stored in the same containers;
H.contain and properly dispose of all liquid waste, including lead dust contaminated
wash water;

I.HEPA vacuum the exterior of all waste containers prior to removing the waste
containers from the work site or area and wet wipe the containers from the work
site or area and wet wipe the containers to ensure that there is no residual
contamination. Containers that have been cleaned shall be moved out of the work
site or area into a designated storage area;

J.carefully place the containers into the truck or dumpster used for disposal; and
K.ensure that all waste is transported in covered vehicles to a landfill approved by
the Illinois Environmental Protection Agency.

r.Repainting, Coating and Sealing. After cleaning, the owner or its agent shall repaint all abated
surfaces with a paint that is not a lead-bearing substance or coat all surfaces from which lead paint
has been removed with a solvent-free coating, except for those enclosed surfaces that have
smooth, easily cleanable surfaces.
1.After painting or coating, the owner or its agent shall repeat the cleaning process in all
interior work areas, except those painted with latex paint or coated with liquid encapsulant.
2.After completion of the cleaning, the owner or its agent shall seal all floors that have been
abated in the work site with:

A.polyurethane;
B.gloss deck enamel;
C.a tight fitting vinyl floor covering; or
D.an equivalent impermeable material, if a smooth cleanable surface is not already
present.

3.Alternative Procedures

A.The Department or delegate agency may allow an alternative procedure for
abatement, containment or cleanup of a lead paint hazard, provided that the
owner submits to the Department or delegate agency a written description of the
alternative procedure that demonstrates to the satisfaction of the Department that
the proposed alternative procedure provides a level of abatement and safety
equivalent to the requirements of this Section. The delegate agency shall send a
copy of the request and the delegate agency's response to the Department for its
records.
B.In all cases in which the Department or delegate agency allows the use of an
alternative procedure under subsection (r)(3)(A) above, the owner and occupant
shall, for a one-year period after completion of the lead abatement project, permit
the Department or delegate agency to enter and inspect the area of abatement for
the purpose of determining the effectiveness and durability of the allowed
alternative procedure.

s.Procedures for Determining Compliance
1.The Department or delegate agency may inspect a work site or work area at any time during
a lead abatement project to determine compliance with this Section.

A.The inspector shall notify the owner of the results of the inspection, and shall
include the locations and characteristics of surfaces with inadequate treatment.
B.A lead abatement project shall be deemed to be in compliance with these
regulations if:
i.Lead dust levels on horizontal interior surfaces are below 200 micrograms
per square foot; and
ii.All abated surfaces and all floors have been treated to provide smooth
and easily cleanable surfaces.
C.Noncompliance. If the results of a lead dust analysis conducted do not meet the
requirements of subsections (s)(1)(B)(i) or (ii) above, the owner or its agent shall
perform a further cleanup as described in subsection (o). If results of the lead dust
analysis meet the requirements of subsection (s)(1)(B)(i) or (ii) above, the
Department or delegate agency shall state that the lead abatement project has
been completed and complies with the Department's requirements. A statement of
completion and compliance may not preclude the Department or delegate agency
from taking any future enforcement action against the owner of the dwelling.

t.Records. The Department or delegate agency shall retain for 6 years the following information for
every lead abatement project prescribed by the Department or delegate agency:
1.name and address of the contractor who performed the project and the owner;
2.the location of the project;
3.a summary of abatement techniques used to comply with Department or delegate agency
prescribed corrective action;
4.the location of the disposal site of the discarded lead-based substances which were
removed by a contractor from the work site; and
5.the starting and completion dates of the lead abatement project.

(Source: Amended at 21 Ill. Reg. 7444, effective May 31, 1997)

 

SECTION 845.31 LEAD ABATEMENT CONTRACTOR RESPONSIBILITIES

Licensed abatement contractors shall:

a.Be fully knowledgeable of general renovation techniques, including lead-based paint (LBP)
abatement;
b.Train (or arrange for training of) workers and supervisors on engineering controls and good work
practices relating to abatement and on the importance of adherence to these controls and practices;
c.Assure the safety of workers and prepare a worker protection plan;
d.Assure that all work is conducted in accordance with the Act and this Part; and
e.Notify the Department at least 10 working days or 14 calendar days prior to commencement of any
lead abatement or mitigation projects. Notification shall be on a form provided by the Department or
shall contain the same information required on the Department's form as follows:
1.Contractor's name and license number;
2.Date of project start time and end time;
3.Location of project;
4.Name, address, and phone number of owner of property being abated or mitigated.

(Source: Amended at 22 Ill. Reg. 16000, effective August 20, 1998)

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