Illinois Compiled Statutes
Public Health
Lead Poisoning Prevention Act
410 ILCS 45/

(410 ILCS 45/)

    (410 ILCS 45/1)
    Sec. 1.  Short title. This Act may be cited as  the  Lead  Poisoning
Prevention Act.
(Source: P. A. 87-175.)
    (410 ILCS 45/2)
    Sec. 2.  Definitions.  As used in this Act:
    "Abatement" means the removal or encapsulation  of  all  leadbearing
substances in a residential building or dwelling unit.
    "Child  care  facility"  means  any  structure  used by a child care
provider licensed by the Department of Children and Family  Services  or
public school structure frequented by children through 6 years of age.
    "Delegate  agency"  means  a  unit  of  local  government  or health
department approved by the Department to carry  out  the  provisions  of
this Act.
    "Department"  means  the Department of Public Health of the State of
Illinois.
    "Dwelling" means any structure all or part of which is  designed  or
used for human habitation.
    "High  risk  area"  means  an  area  in  the State determined by the
Department to be high risk for lead  exposure  for  children  through  6
years of age.  The Department shall consider, but not be limited to, the
following  factors  to  determine  a  high  risk area: age and condition
(using Department of Housing and Urban Development definitions of "slum"
and "blighted") of housing, proximity to highway traffic or heavy  local
traffic  or  both, percentage of housing determined as rental or vacant,
proximity to industry using  lead,  established  incidence  of  elevated
blood  lead  levels  in  children, percentage of population living below
200% of federal poverty guidelines, and number of children  residing  in
the area who are 6 years of age or younger.
    "Exposed  surface"  means  any  interior  or  exterior  surface of a
dwelling or residential building.
    "Lead abatement contractor" means any person or entity  licensed  by
the Department to perform lead abatement and mitigation.
    "Lead  abatement  worker"  means  any  person  employed  by  a  lead
abatement  contractor  and  licensed  by  the Department to perform lead
abatement and mitigation.
    "Lead bearing substance" means any dust on surfaces or in  furniture
or  other  nonpermanent  elements of the dwelling and any paint or other
surface coating material containing more than five-tenths of one percent
(0.5%)  lead  by  weight  (calculated  as  lead  metal)  in  the   total
non-volatile  content  of  liquid  paint,  or  lead  bearing  substances
containing greater than one milligram per square centimeter or any lower
standard  for lead content in residential paint as may be established by
federal  law  or  regulation;  or  more  than  1  milligram  per  square
centimeter in the dried film of paint or previously  applied  substance;
or object containing lead in excess of the amount specified in the rules
and  regulations  authorized  by  this  Act or a lower standard for lead
content as may be established by federal law or regulation.
    "Lead hazard" means a lead bearing substance that poses an immediate
health hazard to humans.
    "Lead poisoning" means the condition of having blood lead levels  in
excess  of  those  considered  safe  under  State  and federal rules and
regulations.
    "Low risk area" means  an  area  in  the  State  determined  by  the
Department to be low risk for lead exposure for children through 6 years
of  age.   The Department shall consider the factors named in "high risk
area" to determine low risk areas.
    "Mitigation" means the remediation, in a manner described in Section
9, of a lead hazard so that the lead bearing substance does not pose  an
immediate health hazard to humans.
    "Owner"  means  any  person,  who  alone, jointly, or severally with
others:
         (a)  Has legal title to any dwelling or  residential  building,
    with  or  without  accompanying actual possession of the dwelling or
    residential building, or
         (b)  Has charge, care or control of the dwelling or residential
    building  as  owner  or  agent  of  the  owner,  or   as   executor,
    administrator, trustee, or guardian of the estate of the owner.
    "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. 89-381, eff. 8-18-95.)
    (410 ILCS 45/3)
    Sec. 3.  Lead bearing substance use.  No person shall use  or  apply
lead bearing substances:
    (a)  In or upon any exposed surface of a dwelling or dwelling unit;
    (b)  In  or  around the exposed surfaces of a child care facility or
other structure frequented by children;
    (c)  In or upon any fixtures or other objects  used,  installed,  or
located  in  or  upon  any  exposed surface of a dwelling or residential
building, or child care facility, or intended to be so used,  installed,
or  located  and  that, in the ordinary course of use, are accessible to
and chewable by children;
    (d)  In or upon any toys, furniture, or other articles used  by  and
chewable by children;
    (e)  Within  or  upon a residential building or dwelling, child care
facility, school, playground, park, or recreational area, or other areas
regularly frequented by children.
(Source: P. A. 87-175.)
    (410 ILCS 45/4)
    Sec.  4.   Sale  of  toys  or  furniture  containing  lead   bearing
substance.  No person shall sell, have, offer for sale, or transfer toys
or furniture that contains a lead bearing substance.
(Source: P. A. 87-175.)
    (410 ILCS 45/5)
    Sec. 5.  Sale of objects  containing  lead  bearing  substance.   No
person shall sell or transfer or offer for sale or transfer any fixtures
or  other  objects intended to be used, installed, or located in or upon
any surface of  a  dwelling  or  residential  building,  or  child  care
facility,  that  contains  a  lead  bearing  substance  and that, in the
ordinary course of use, are accessible to and chewable by children.
(Source: P. A. 87-175.)
    (410 ILCS 45/6)
    Sec. 6.  Warning statement.  No person, firm, or  corporation  shall
have, offer for sale, sell, or give away any lead bearing substance that
may  be used by the general public unless it bears the warning statement
as prescribed by federal regulation. If no regulation is prescribed  the
warning  statement  shall  be as follows: "WARNING--CONTAINS LEAD. DRIED
FILM OF THIS SUBSTANCE MAY BE HARMFUL IF  EATEN  OR  CHEWED.  See  Other
Cautions  on  (Side  or  Back)  Panel.  Do  not  apply on toys, or other
children's  articles,  furniture,  or  interior,  or  exterior   exposed
surfaces of any residential building or facility that may be occupied or
used by children. KEEP OUT OF THE REACH OF CHILDREN."
    (a)  The  generic  term  of  a  product,  such  as  "paint"  may  be
substituted for the word "substance" in the above labeling.
    (b)  The  placement,  conspicuousness,  and  contrast  of  the above
labeling shall be in accordance with Section 191.101 of the  regulations
promulgated  under  the  provisions  of the Federal Hazardous Substances
Act.
(Source: P.A. 87-175.)
    (410 ILCS 45/6.1)
    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.)
    (410 ILCS 45/6.2)
    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.
    (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. 89-381, eff. 8-18-95.)
    (410 ILCS 45/7)
    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.)
    (410 ILCS 45/7.1)
    Sec. 7.1.  Child care  facilities  must  require  lead  blood  level
screening  for admission.  By January 1, 1993, each day care center, day
care home, preschool, nursery school, kindergarten, or other child  care
facility,  licensed  or  approved  by the State, including such programs
operated by a public school district, shall include a  requirement  that
each  parent  or  legal guardian of a child between the ages of 6 months
through 6 years provide a statement from  a  physician  or  health  care
provider  that  the child has been risk assessed, as provided in Section
6.2, if the child resides  in  an  area  defined  as  low  risk  by  the
Department,  or  screened  for lead poisoning as provided for in Section
6.2, if the child resides  in  an  area  defined  as  high  risk.   This
statement  shall  be  provided  prior  to  admission and subsequently in
conjunction with required physical examinations.
    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. 89-381, eff. 8-18-95.)
    (410 ILCS 45/7.2)
    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.)
    (410 ILCS 45/8)
    Sec. 8.  Inspection of buildings  occupied  by  a  person  screening
positive.  A  representative of the Department, or delegate agency, may,
after notification that an occupant of the dwelling unit in question  is
found  to  have  a blood lead value of the value set forth in Section 7,
upon presentation of the appropriate credentials to the owner, occupant,
or his representative, inspect dwelling or dwelling units, at reasonable
times, for the purposes of ascertaining that all surfaces accessible  to
children are intact and in good repair, and for purposes of ascertaining
the  existence  of  lead bearing substances.  Such representative of the
Department, or delegate agency, may remove samples or objects  necessary
for  laboratory  analysis,  in  the  determination  of  the  presence of
lead-bearing substances in the designated dwelling or dwelling unit.
    Following the inspection, the  Department  or  its  delegate  agency
shall:
    (1)  Prepare an inspection report which shall:
         (A)  State the address of the dwelling unit.
         (B)  Describe  the  scope  of  the  inspection,  the inspection
    procedures used, and the method of ascertaining the existence  of  a
    lead bearing substance in the dwelling unit.
         (C)  State  whether  any  lead bearing substances were found in
    the dwelling unit.
         (D)  Describe the nature, extent,  and  location  of  any  lead
    bearing substance that is found.
         (E)  State  either that a lead hazard does exist or that a lead
    hazard does not exist.  If a lead  hazard  does  exist,  the  report
    shall  describe  the source, nature and location of the lead hazard.
    The existence of intact lead paint does not alone constitute a  lead
    hazard for the purposes of this Section.
         (F)  Give  the  name of the person who conducted the inspection
    and the person to contact  for  further  information  regarding  the
    inspection and the requirements of this Act.
    (2)  Mail  or  otherwise  provide a copy of the inspection report to
the property owner and to the occupants of the dwelling unit.  If a lead
bearing substance is found, at the time  of  providing  a  copy  of  the
inspection report, the Department or its delegate agency shall attach an
informational brochure.
(Source: P.A. 87-175; 87-1144.)
    (410 ILCS 45/8.1)
    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.)
    (410 ILCS 45/8.2)
    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.)
    (410 ILCS 45/9)
    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)
    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.)
    (410 ILCS 45/10)
    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.)
    (410 ILCS 45/11)
    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.)
    (410 ILCS 45/11.1)
    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.)
    (410 ILCS 45/11.2)
    Sec.  11.2.  Revocation  of  License.   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.
(Source: P.A. 87-1144.)
    (410 ILCS 45/12)
    Sec. 12.  Violations of Act. Violation of any Section  of  this  Act
other than Section 7 shall be punishable as a Class A misdemeanor.
    In  cases  where  a  person  is found to have mislabeled, possessed,
offered for sale  or  transfer,  sold  or  transferred,  or  given  away
lead-bearing  substances,  a  representative  of  the  Department  shall
confiscate  the  lead-bearing substances and retain the substances until
they are shown to be in compliance with this Act.
(Source: P. A. 87-175.)
    (410 ILCS 45/13)
    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.)
    (410 ILCS 45/13.1)
    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.)
    (410 ILCS 45/14)
    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.)
    (410 ILCS 45/15)
    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.)
    (410 ILCS 45/16)
    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.)
    (410 ILCS 45/17)
    Sec. 17. This Act takes effect upon its becoming a law.
(Source: P.A. 78-560.)

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