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)