Illinois Lead Abatement Procedures

Illinois Lead Abatement Procedures
(410 ILCS 45/9)
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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 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,  the
    surface is removed, or the access to the leaded  surface by children
    is otherwise prevented as prescribed by the Department.
    (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.)
    (410 ILCS 45/9.1)

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