2023 Illinois Compiled Statutes › Chapter 105 - SCHOOLS › 105 ILCS 105/ - Asbestos Abatement Act.

(105 ILCS 105/1) (from Ch. 122, par. 1401)
Sec. 1. 
		Short title. 
		This Act shall be known and may be cited as the
"Asbestos Abatement Act".
(Source: P.A. 83-1325.)
(105 ILCS 105/2) (from Ch. 122, par. 1402)
Sec. 2. 
		Legislative declaration. 
		The General Assembly finds that:
(a) substantial amounts of asbestos materials were used throughout school
buildings during the period from 1946 to 1972 for fireproofing,
soundproofing, decorative and other purposes;
(b) exposure to asbestos fibers and particles in the air over a long
period of time has been linked by reputable medical and scientific
authorities to a significant increase in the incidence of disease, such as
asbestosis, bronchogenic carcinoma, mesothelioma, and other malignancies;
(c) precise scientific data as to the levels at which asbestos materials
constitute a hazard to health in educational settings are not yet available
and may not be available for many years to come because of the long period
of time which elapses between the onset of exposure and the appearance of
clinically detectable illness; however, mesothelioma has been found among
individuals exposed to asbestos in some nonoccupational settings; and
(d) in view of the fact that the State of Illinois has compulsory attendance
laws for children of school age and these children must be educated in a
safe and healthy environment, the presence and condition of asbestos in
the schools is of special concern to the General Assembly.
Therefore, it is the purpose of this Act to provide for the identification,
containment or removal of those asbestos materials that constitute a
significant health hazard and repair or maintenance of those asbestos
materials that do not constitute a significant health hazard in schools
to students, school personnel, parents and visitors
to such schools, and to provide financial assistance to elementary and
secondary schools within this State as provided by law.
(Source: P.A. 84-1096.)
(105 ILCS 105/3) (from Ch. 122, par. 1403)
Sec. 3. 
		Definitions. 
		As used in this Act:
(a) "Asbestos" means the
asbestiform varieties of chrysotile, amosite, crocidolite, tremolite,
anthrophyllite, and actinolite.
(b) "Asbestos materials" means materials formed by mixing asbestos fibers
with other products, including but not limited to rock wool, plaster,
cellulose, clay, vermiculite, perlite and a variety of adhesives, and which
contain more than 1% asbestos by weight. Some of these
materials may be sprayed on surfaces or applied to surfaces in the form of
plaster or a textured paint.
(c) "School" means any school district or public, private or
nonpublic day or residential educational institution that provides
elementary or secondary education for grade 12 or under.
(d) "Local educational agency" means:
(1) Any local education agency as defined in Section     198 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 3381).
(2) The owner of any nonpublic, nonprofit elementary     or secondary school building.
(3) The governing authority of any school operated     under the defense dependents' education system provided for under the Defense Department's Education Act of 1978 (20 U.S.C. 921, et seq.).
(e) "Response action" means a method, including
removal, encapsulation, enclosure, repair, operations and maintenance, that
protects human health and the environment from friable ACBM.
(f) "Asbestos containing building materials" or ACBM means surfacing
asbestos containing material or ACM, thermal system insulation ACM
or miscellaneous ACM that is found in or on interior
structural members or other parts of a school building.
(g) "Friable" when referring to material in a school building means
that the material, when dry, may be crumbled, pulverized, or reduced to
powder by hand pressure, and includes previously nonfriable materials after
such previously nonfriable material becomes damaged to the extent that, when
dry, it may be crumbled, pulverized, or reduced to powder by hand
pressure.
(h) "Asbestos Abatement Contractor" means any entity that engages in
the removal, enclosure, or encapsulation of asbestos containing materials
for any school.
(i) "Response action contractor" means any entity that engages in
response action services for any school.
(j) "Friable material containment" means the encapsulation
or enclosure of any friable asbestos material in a facility.
(k) "Enclosure" means the construction of airtight walls and ceilings
between the asbestos material and the educational facility environment,
or around surfaces coated with asbestos materials, or any other appropriate
scientific procedure as determined by the Department which prevents the
release of asbestos materials.
(l) "Encapsulation" means the treatment of ACBM with a
material that surrounds or embeds asbestos fibers in an adhesive matrix to
prevent the release of fibers, as the encapsulant creates a membrane over
the surfaces (bridging encapsulant or penetrates the material and binds its
components together (penetrating encapsulant).
(m) "Department" means the Department of Public Health.
(n) "Director" means the Director of Public Health.
(o) "School personnel" means any employee of a school.
(p) "Student" means any student enrolled in a school.
(q) "School Building" means:
(1) Any structure suitable for use as a classroom,     including a school facility such as a laboratory, library, school eating facility, or facility used for the preparation of food.
(2)  Any gymnasium or other facility which is     specially designed for athletic or recreational activities for an academic course in physical education.
(3) Any other facility used for the instruction or     housing of students or for the administration of educational or research programs.
(4) Any maintenance, storage, or utility facility,     including any hallway essential to the operation of any facility described in this definition of "school building" under items (1), (2), or (3).
(5) Any portico or covered exterior hallway or     walkway.
(6) Any exterior portion of a mechanical system used     to condition interior space.
(r) "Asbestos worker" means an individual who cleans, removes,
encapsulates, encloses, hauls or disposes of friable asbestos material in
schools as defined in this Act.
(s) "Nonfriable" means material in a school building which, when dry,
may not be crumbled, pulverized, or reduced to powder by hand pressure.
(t) "Management plan" means a plan developed for a local educational
agency for the management of asbestos in its school buildings pursuant to
the federal Asbestos Hazard Emergency Response Act of 1986 and the
regulations promulgated thereunder.
(u) "Management planner" means an individual licensed by the
Department to prepare management plans.
(v) "Project designer" means an individual licensed by the
Department to design response actions for school buildings.
(w) "Asbestos inspector" means an individual licensed by the
Department to perform inspections of schools for the presence of
asbestos containing materials.
(Source: P.A. 86-416; 86-1475.)
(105 ILCS 105/4) (from Ch. 122, par. 1404)
Sec. 4. 
		Response action. 
		Schools shall undertake and complete such
response action as may be required by the federal Asbestos Hazard Emergency
Response Act of 1986, the regulations promulgated thereunder, and the rules
promulgated by the Department pursuant to the Asbestos Abatement Act.
Response actions shall be undertaken and completed within the timeframe
required by the federal Asbestos Hazard Emergency Response Act of 1986 and
the regulations promulgated thereunder.
(Source: P.A. 86-416.)
(105 ILCS 105/5a)
Sec. 5a. (Repealed).
(Source: P.A. 86-416. Repealed by P.A. 96-537, eff. 8-14-09.)
(105 ILCS 105/6) (from Ch. 122, par. 1406)
Sec. 6. Powers and duties of the Department.
(a) The Department is empowered to promulgate any rules necessary to
ensure proper implementation and administration of this Act and of the
federal Asbestos Hazard Emergency Response Act of 1986, and the regulations
promulgated thereunder.
(b) Rules promulgated by the Department shall include, but not be limited
to:
(1) all rules necessary to achieve compliance with     the federal Asbestos Hazard Emergency Response Act of 1986 and the regulations promulgated thereunder;
(2) rules providing for the training and licensing of     persons and firms to perform asbestos inspection and air sampling; to perform abatement work; and to serve as asbestos abatement contractors, management, planners, project designers, project supervisors, project managers and asbestos workers for public and private secondary and elementary schools; and any necessary rules relating to the correct and safe performance of those tasks; and
(3) rules for the development and submission of     asbestos management plans by local educational agencies, and for review and approval of such plans by the Department.
(c) In carrying out its responsibilities under this Act, the Department
shall:
(1) publish a list of persons and firms licensed     pursuant to this Act, except that the Department shall not be required to publish a list of licensed asbestos workers;
(2) require each local educational agency to maintain     records of asbestos-related activities, which shall be made available to the Department upon request; and
(3) adopt rules for the collection of fees for     training course approval; and for licensing of inspectors, management planners, project designers, contractors, supervisors, air sampling professionals, project managers and workers.
(Source: P.A. 96-537, eff. 8-14-09; 96-1000, eff. 7-2-10.)
(105 ILCS 105/6a) (from Ch. 122, par. 1406a)
Sec. 6a. 
		
		The provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative rules and
procedures of the Department of Public Health under this Act, except that in
case of conflict between the Illinois Administrative Procedure Act and this Act
the provisions of this Act shall control, and except that 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. 88-45.)
(105 ILCS 105/6b) (from Ch. 122, par. 1406b)
Sec. 6b. 
		
		All final administrative decisions of the Department
hereunder shall be subject to judicial review pursuant to the provisions of
the "Administrative Review Law", as amended, and the rules adopted pursuant
thereto.  The term "Administrative Decision" is defined as in Section 3-101
of the Code of Civil Procedure.
(Source: P.A. 84-951.)
(105 ILCS 105/6c) (from Ch. 122, par. 1406c)
Sec. 6c. 
		
		The Director after notice and opportunity for hearing to the
contractor, applicant or license holder may deny, suspend, or revoke a license
or expunge such person from the state list in any case in which he or she
finds that there has been a substantial failure to comply with the
provisions of this Act or the standards, rules and regulations established
by virtue thereof.
Such notice shall be provided by certified mail or by personal service
setting forth the particular reasons for the proposed action and fixing a
date, not less than 15 days from the date of such mailing or service, at
which time the applicant, contractor, or license holder shall be given an
opportunity to request hearing.
The hearing shall be conducted by the Director or by an individual
designated in writing by the Director as Hearing Officer to conduct the
hearing.  On the basis of any such hearing, or upon default of the
contractor, applicant or license holder, the Director shall make a
determination specifying his or her findings and conclusions.  A copy of
such determination shall be sent by certified mail or served personally
upon the applicant, contractor or license holder.
The procedure governing hearings authorized by this Section shall be in
accordance with rules promulgated by the Department.  A full and complete
record shall be kept of all proceedings, including the notice of hearing,
complaint, and all other documents in the nature of pleadings, written
motions filed in the proceedings, and the report and orders of the Director
and Hearing Officer.  All testimony shall be reported but need not be
transcribed unless the decision is sought to be reviewed pursuant to the
"Administrative Review Law".  A copy or copies of the transcript may be
obtained by any interested party on payment of the cost of preparing such
copy or copies.  The Director or Hearing Officer, shall upon his or her own
motion, or on the written request of any party to the proceeding, issue
subpoenas requiring the attendance and the giving of testimony by
witnesses, and subpoenas duces tecum requiring the production of books,
papers, records or memoranda.  All subpoenas and subpoenas duces tecum
issued under the terms of this Act may be served by any person of legal
age.  The fees of witnesses for attendance and travel shall be the same as
the fees of witnesses before the Circuit Court of this State, such fees to
be paid when the witness is excused from further attendance.  When the
witness is subpoenaed at the instance of the Director or Hearing Officer,
such fees shall be paid in the same manner as other expenses of the
Department, and when the witness is subpoenaed at the instance of any other
party to any such proceeding the Department may require that the cost of
service of the subpoena or subpoena duces tecum and the fee of the witness
be borne by the party at whose instance the witness is summoned.  In such
case, the Department in its discretion may require a deposit to cover the
cost of such service and witness fees.  A subpoena or subpoena duces tecum
so issued as above stated shall be served in the same manner as a subpoena
issued by a circuit court.
Any circuit court of this State, upon the application of the Director, or
upon the application of any other party to the proceeding, may, in its
discretion, compel the attendance of witnesses, the production of books,
papers, records or memoranda and the giving of testimony before the
Director or Hearing Officer conducting an investigation or holding a
hearing authorized by this Act, by an attachment for contempt or otherwise,
in the same manner as production of evidence may be compelled before the court.
The Director or Hearing Officer, or any party in an investigation or
hearing before the Department, may cause the depositions of witnesses
within the State to be taken in the manner prescribed by law for like
depositions in civil actions in courts of this State, and to that end
compel the attendance of witnesses and the production of books, papers,
records, or memoranda.
(Source: P.A. 84-951.)
(105 ILCS 105/7) (from Ch. 122, par. 1407)
Sec. 7. 
		Consistency with federal law. 
		Rules and regulations issued
pursuant to this Act, including those governing the preparation of a list
of contractors and the removal of contractors therefrom as provided for in
Section 10, shall not be inconsistent with rules and regulations
promulgated by the United States Environmental Protection Agency pursuant
to the Toxic Substances Control Act, the Clean Air Act or other applicable
federal statutes.
(Source: P.A. 84-951.)
(105 ILCS 105/9) (from Ch. 122, par. 1409)
Sec. 9. 
		State Funding. 
		Funding sources for State funding with respect
to costs of corrective action shall include appropriations from the General
Revenue Fund, proceeds from litigation against manufacturers,
distributors and contractors of asbestos products, funds provided under the
provisions of the federal Asbestos School Hazard Abatement Act of 1984, or any
combination thereof.  The Department shall request appropriations from any
of these funds based on its review of school funding needs and
include such in its annual budget request.
(Source: P.A. 84-951.)
(105 ILCS 105/9a) (from Ch. 122, par. 1409a)
Sec. 9a. 
		Reimbursement for corrective action. 
		The Department shall, from funds
appropriated for this
purpose, reimburse schools which have undertaken corrective action.  Such
schools, upon completion of an inspection by the
Department, shall be eligible for reimbursement only for those projects
found to have been conducted in accordance with the provisions of this Act
and the rules promulgated thereunder.  Schools shall apply for such
reimbursement to the Department on forms designed and provided by the Department.
The amount of reimbursement for which a public school district is
eligible shall be calculated by the Department based upon a Grant Index
developed by the State Board of Education.  This Grant Index shall be based
upon the equalized assessed valuation of the school district and other
measures of relative wealth to determine the percentage of the total cost
of corrective action for which reimbursement shall be authorized.  The
Grant Index for any school district is equal to one minus the ratio of the
district's equalized assessed valuation per pupil in weighted daily average
attendance to the equalized assessed valuation per pupil in weighted
average daily attendance of the district located at the ninetieth
percentile for all districts of the same type.  The Grant Index for any
school district shall be not less than .50 and no greater than 1.00.  The
product of the district's Grant Index and the project cost, as determined by
the Department for approved corrective action, equals the total amount that
shall be reimbursed to the school according to the provisions of this
Section.  All non-public schools shall be eligible for reimbursement in an
amount equal to 50% of the cost of corrective action.
Out of funds appropriated for such purpose, 20% of the amount of
reimbursement to which any school is determined entitled shall be paid in
each of 5 successive fiscal years.  The Department shall request an annual
appropriation in an amount sufficient to cover all expected reimbursements
to be paid out in that fiscal year.
For purposes of reimbursement under this Section, corrective action means
removal, encapsulation or enclosure.
Schools reimbursed pursuant to this Section for corrective action
shall not be eligible for grants under
Section 9b with respect to the corrective action for which they are so
reimbursed.
(Source: P.A. 84-1245.)
(105 ILCS 105/9b) (from Ch. 122, par. 1409b)
Sec. 9b. 
		
		Grants for asbestos abatement work undertaken on or after
January 1, 1986.  Schools which undertake corrective action on or after
January 1, 1986 shall be eligible for grants for asbestos abatement
activities conducted in accordance with this Act and the rules promulgated
thereunder.  Funds shall be provided only to those schools which have been
inspected pursuant to this Act.  Schools which desire abatement grants
shall apply to the Department for such grants on forms designed and
provided by the Department. The Department shall evaluate applications to
establish priorities for funding recognizing the degree of health hazard
present and shall categorize school needs using a numerical ranking.
In conjunction with the State Board of Education, the Department shall
calculate the amount of grant for which a public school district is
eligible, based upon a Grant Index developed by the State Board of
Education.  The Grant Index shall be based upon the equalized assessed
valuation of the school district and other measures of relative wealth to
determine the percentage of the total cost of corrective action for which
grants shall be authorized.  The Grant Index for any school district is
equal to one minus the ratio of the district's equalized assessed valuation
per pupil in weighted daily average attendance to the equalized assessed
valuation per pupil in weighted average daily attendance of the district
located at the ninetieth percentile for all districts of the same type.
 The Grant Index for any school district shall be not less than .50 and no
greater than 1.00.  The product of the district's Grant Index and the
project cost, as determined by the Department for approved corrective
action, equals the amount that shall be expended on behalf of the school.
All non-public schools shall be eligible for grants in an amount equal to
50% of the cost of corrective action.
In conjunction with the Capital Development Board, the Department shall
issue grants to schools for corrective action.  The Capital Development
Board shall, in conjunction with the schools, contract with a contractor
whose name appears on the Department's list of approved contractors for the
corrective action determined necessary according to provisions of this Act
and the rules promulgated thereunder.  All such contractors shall be
prequalified as may be required by The Illinois Purchasing Act.  All
contracts entered into by the
schools and the Capital Development Board shall include a provision that
all work to be conducted under that contract shall be undertaken in
accordance with this Act and the rules promulgated thereunder. The Capital
Development Board shall exercise general supervision over corrective action
financed pursuant to the provisions of this Act and the rules promulgated
thereunder in schools.  The Capital Development Board shall request an
annual appropriation in an amount sufficient to cover all expected grants
to be awarded in that year.
For purposes of reimbursement under this Section, corrective action means
removal, encapsulation or enclosure.
A school district may levy a tax in accordance with Section 17-2.11 of
"The School Code" in order to provide local funding for corrective action
ordered under this Act.  A school may use federal loans or grants to
finance the cost of corrective action, but no State funding shall be used
to repay any federal loan received by a school for asbestos abatement projects.
(Source: P.A. 84-1096.)
(105 ILCS 105/9c) (from Ch. 122, par. 1409c)
Sec. 9c. 
		
		(a) Public school districts that have received corrective
action reimbursement or grants pursuant to this Act shall cooperate fully
with the Attorney General in litigation to recover costs of corrective
action.  The Attorney General may, in his discretion, take exclusive charge
of such litigation.  Any amounts recovered, less costs of litigation, shall
be divided pro rata between the grantee public school district and the
Asbestos Abatement Fund, based upon the percentage of costs of corrective
action borne by the State and the school district, respectively.
(b) Any nonpublic school which has received a grant or reimbursement
pursuant to this Act, and which subsequently recovers costs of corrective
action through litigation, shall reimburse the State from such recovery.
The percentage of the recovery reimbursed to the State shall equal the
percentage of costs of corrective action initially borne by the State.  All
reimbursements paid to the State under this subsection shall be deposited
in the Asbestos Abatement Fund.
(Source: P.A. 85-585.)
(105 ILCS 105/10) (from Ch. 122, par. 1410)
Sec. 10. 
		Asbestos Abatement Contractors. 
		The Department shall prepare a
list in cooperation with appropriate State and federal agencies on an
annual basis of asbestos abatement contractors familiar with and capable of
complying with all applicable federal and State standards for asbestos
containment and removal. Additional asbestos abatement contractors wishing
to be placed on this list shall notify the Department.  The Department
shall evaluate this request based on the training and experience of such a
potential asbestos abatement contractor and render a decision.  If the
Department denies the request, such contractor may appeal such a decision
pursuant to the provisions of the "Administrative Review Law".  Such list
shall be made available to all school districts.  In contracting for
response action services, schools shall select an asbestos abatement
contractor from the Department's list.
(Source: P.A. 86-416.)
(105 ILCS 105/10a) (from Ch. 122, par. 1410a)
Sec. 10a. Licensing. No inspector, management
planner, project designer, project manager, air sampling professional,
asbestos abatement contractor, worker or project supervisor may be employed
as a response action contractor unless that individual or entity is
licensed by the Department.  Those individuals and entities wishing to be
licensed shall make application on forms prescribed and furnished by the
Department.  A license shall expire annually according to a schedule
determined by the Department.  Applications for renewal of licenses shall
be filed with the Department at least 30 days before the expiration date.
When a licensure examination is required, the application for licensure
shall be submitted to the Department at least 30 days prior to the date of
the scheduled examination.  The Department shall evaluate each application
based on its minimum standards for licensure, promulgated as rules, and
render a decision.  Such standards may include a requirement for the
successful completion of a course of training approved by the Department.
If the Department denies the application, the applicant may appeal such
decision pursuant to the provisions of the "Administrative Review Law".
The Department, upon notification by the Illinois Workers' Compensation Commission or the Department of Insurance, shall refuse the issuance or renewal of a license to, or suspend or revoke the license of, any individual, corporation, partnership, or other business entity that has been found by the Illinois Workers' Compensation Commission or the Department of Insurance to have failed:
(a)  to secure workers' compensation obligations in     the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act;
(b)  to pay in full a fine or penalty imposed by the     Illinois Workers' Compensation Commission or the Department of Insurance due to a failure to secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act; or
(c)  to fulfill all obligations assumed pursuant to     any settlement reached with the Illinois Workers' Compensation Commission or the Department of Insurance due to a failure to secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act.
A complaint filed with the Department by the Illinois Workers' Compensation Commission or the Department of Insurance that includes a certification, signed by its Director or Chairman, or the Director or Chairman's designee, attesting to a finding of the failure to secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act or the failure to pay any fines or penalties or to discharge any obligation under a settlement relating to the failure to secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act is prima facie evidence of the licensee's or applicant's failure to comply with subsections (a) and (b) of Section 4 of the Workers' Compensation Act.  Upon receipt of that certification, the Department shall, without a hearing, immediately suspend all licenses held by the licensee or the processing of any application from the applicant.  Enforcement of the Department's order shall be stayed for 60 days.  The Department shall provide notice of the suspension to the licensee by mailing a copy of the Department's order to the licensee's or applicant's address of record or emailing a copy of the order to the licensee's or applicant's email address of record.  The notice shall advise the licensee or applicant that the suspension shall be effective 60 days after the issuance of the order unless the Department receives, from the licensee or applicant, a request for a hearing before the Department to dispute the matters contained in the order.
Upon receiving notice from the Illinois Workers' Compensation Commission or the Department of Insurance that the violation has been corrected or otherwise resolved, the Department shall vacate the order suspending a licensee's license or the processing of an applicant's application.
No license shall be suspended or revoked until after the licensee is afforded any  due process protection guaranteed by statute or rule adopted by the Workers' Compensation Commission or the Department of Insurance.
(Source: P.A. 103-26, eff. 1-1-24.)
(105 ILCS 105/10b) (from Ch. 122, par. 1410b)
Sec. 10b. 
		Certified Industrial Hygienists. 
		For purposes of this Act
and the rules promulgated thereunder, the
Department shall use the list of certified industrial hygienists as
prepared by the American Board of Industrial Hygiene.
(Source: P.A. 86-981.)
(105 ILCS 105/11) (from Ch. 122, par. 1411)
Sec. 11. 
		Recordkeeping. 
		Each school district shall:
(a) Keep a record of each asbestos abatement project that is performed in schools; and
(b) Make that record available to the Department at any reasonable time.
(Source: P.A. 83-1325.)
(105 ILCS 105/12) (from Ch. 122, par. 1412)
Sec. 12. 
		Limitations. 
		Schools shall not undertake any response
action in a manner that would endanger the health or safety of school
personnel or students; provided, however, schools shall not undertake response
action to remove friable asbestos material during which time school personnel
or students are using or occupying an educational facility unless appropriate
safety measures are instituted which protect the health and safety of school
personnel and students.  Neither school personnel nor students shall use
or occupy a school building containing friable asbestos material in
which response action has not been undertaken or completed within the
period provided by the federal Asbestos Hazard Emergency Response Act or
the regulations promulgated thereunder.
(Source: P.A. 86-416.)
(105 ILCS 105/12a) (from Ch. 122, par. 1412a)
Sec. 12a. 
		Emergency stop work orders. 
		Whenever the Department finds that
an emergency exists which requires immediate action to protect the public
health, it may, without notice or hearing, issue an order reciting the
existence of such an emergency and then require that such action be taken
as it may deem necessary to meet the emergency, including but not limited
to the issuance of a stop work order and the immediate removal of a contractor
or contractors from the list provided for in Section 10.  Notwithstanding
any other provision in this Act, such order shall be effective immediately.
 The State's Attorney and Sheriff of the county in which the school is
located shall enforce the order after receiving notice thereof.  Any
contractor affected by such an order is entitled, upon request, to a hearing
as provided for in rules and regulations promulgated pursuant to this Act.
When such conditions are abated, in the opinion of the Department, the
Department may authorize the reinstitution of the activities and inclusion
on the list of contractors of those activities and contractors which were the
subject of a stop work order.
(Source: P.A. 84-951.)
(105 ILCS 105/12b) (from Ch. 122, par. 1412b)
Sec. 12b. 
		Civil Penalties. 
		The Department is empowered to assess
civil penalties against a contractor inspector, management planner,
project designer, supervisor, worker, project manager, or air sampling
professional for violations of this Act and the rules promulgated
thereunder, pursuant to rules for such penalties established by the
Department.
(Source: P.A. 86-416.)
(105 ILCS 105/12c) (from Ch. 122, par. 1412c)
Sec. 12c. 
		
		Under emergency conditions, an employee of a school district
may clean or dispose of less than 3 linear feet or 3 square feet of friable
or non-friable asbestos containing material in schools without meeting the
definition of an "asbestos worker" as defined in this Act, provided the
employee has completed the maximum asbestos awareness program provided for
in federal law or rules.  "Emergency conditions" for the purpose of this
Section shall mean:
1) the facility is without heat, water, gas, or electric; or
2) the facility is unable to keep outside elements such as water from
entering the interior of the structure; or
3) the dislodging or falling of less than 3 linear feet or 3 square feet
of asbestos containing materials.
The Department may further define, by rule, what
circumstances constitute an "emergency condition" under this Section.  The
Department may also set forth, by rule, the training or
awareness program a school employee must meet as a prerequisite to
conducting of asbestos clean-up or disposal pursuant to this Section.
(Source: P.A. 86-647.)
(105 ILCS 105/13) (from Ch. 122, par. 1413)
Sec. 13. 
		Federal funding. 
		To the extent that federal funds become
available for the removal of asbestos from schools and subject to any
limitations which may be imposed, such federal funds shall be used in lieu
of State financing of corrective actions and for any administrative costs
incurred by the Department in the administration of this Act.
(Source: P.A. 83-1325.)
(105 ILCS 105/14) (from Ch. 122, par. 1414)
Sec. 14. 
		Enforcement. 
		Notwithstanding the existence or pursuit of any
other remedy, the Director may, in the manner provided by law, in the name
of the People of the State and through the Attorney General who shall
represent the Director in the proceedings, maintain an action for
injunction or other relief or process against any school, the governing
body thereof and any other person or unit of local government to enforce
and compel compliance with the provisions of this Act, the rules and
regulations promulgated thereunder and any order entered for any
response action pursuant to this Act and such rules and regulations.
(Source: P.A. 86-416.)
(105 ILCS 105/15) (from Ch. 122, par. 1415)
Sec. 15. 
		Liability insurance. 
		The governing body of each public
school which is ordered to undertake any corrective action pursuant to this
Act may thereupon insure against any loss or liability of the school
district, members of the school board, school employees, student teachers
and authorized volunteer personnel by reason of civil damage claims and
suits, including death and bodily injury and property damage actions and
the defense thereof, for injuries and damages allegedly resulting for any
negligent or wrongful acts or omissions allegedly committed by any of the
persons to be so insured, during the scope of employment or under direction
of the school board, in connection with any corrective action which any
such school is ordered to take pursuant to the provisions of this Act.
(Source: P.A. 83-1325.)
(105 ILCS 105/15a) (from Ch. 122, par. 1415a)
Sec. 15a. 
		Contractor's Certificates of Financial Responsibility. 
		Each
contractor wishing to be placed on the Department's approved list of
contractors shall submit to the Department a certificate documenting that the
contractor carries liability insurance, self insurance, group insurance,
group self insurance, a letter of credit or bond in an amount of at least
$500,000 for work
performed pursuant to the Asbestos Abatement Act and the rules promulgated
thereunder.  No contractor may be placed on the approved list in the absence
of such a certificate.  All contractors presently on the approved list shall
submit said certificate within 90 days of the effective date of this
amendatory Act of 1985, or the Department shall remove their names
from the approved list.
Each contractor shall maintain on file with the Department a current
certificate of financial responsibility throughout the entire length of time the
contractor's name appears on the Department's list of approved contractors.
 A contractor shall notify the Department of any change in the status of a
certificate which has been filed including expiration, renewal, or
alteration of the terms of the certificate.
(Source: P.A. 84-1096.)
(105 ILCS 105/16) (from Ch. 122, par. 1416)
Sec. 16. 
		Illinois School Asbestos Abatement Fund. 
		All fees and
penalties collected by the Department pursuant to this Act shall be
deposited into the Illinois School Asbestos Abatement Fund which is
hereby created in the State Treasury.  Subject to appropriation, all monies
deposited in the Illinois School Asbestos Abatement Fund under this
Act shall be available to the Department for its administration of this Act and
of the federal Asbestos Hazard Emergency Response Act of 1986.  Subject to
appropriation, all moneys deposited in the Illinois School Asbestos Abatement
Fund shall be available to the Department of Public Health for administration
of the Asbestos Abatement Act and the Commercial and Public Building Asbestos
Abatement Act.
(Source: P.A. 89-143, eff. 7-14-95.)