Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 843 - ILLINOIS CLEAR-WIN PROGRAM CODE › Subpart E - FINES, PENALTIES AND ADMINISTRATIVE HEARINGS › Section 843.100 - Enforcement and Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				lead abatement contractors, lead abatement supervisors, lead abatement workers,
				lead inspectors and lead risk assessors are subject to administrative penalties
				in accordance with the Lead Poisoning Prevention Act [410 ILCS
				45 ], the Lead Poisoning Prevention Code, the Act and
				this Part.
b) All plumbers are
				subject to administrative penalties in accordance with the Illinois Plumbing
				License Law [225 ILCS 320 ], the Illinois
				Plumbing Code (77 Ill. Adm. Code 890), the Act and this Part.
c) In addition to any other action authorized
				by the Act or this Part,
the Department of Public Health is authorized
				to assess administrative fines and penalties, as established by the Department
				by rule, for persons violating rules adopted by the Department under this
				Act
or this Part. (Section 5(d)(3) of the Act) The Department shall
				determine whether a fine will be assessed and the amount of any such
				fine.
d) The Department may
				consider the following criteria independently or aggregately to determine
				whether a fine shall be assessed:
1) Whether
				the person has previously been cited for a violation of the Act or this Part,
				except that any previously cited violation shall not be considered if the
				violation was held to be unfounded by a final order of the Department or by a
				court, or if any previous citations for violations occurred more than 3 years
				prior;
2) Whether the violation is
				of such nature as to result in the possibility of injury or other harm to the
				environment; to the person's agents or employees; to the building owner, users
				or occupants; or to the general public;
3) Whether the violation appears to be the
				result of any degree of negligence by the person or by the person's agents or
				employees;
4) Whether the person
				demonstrated good faith efforts to correct the violation upon receipt of oral
				or written notice of the violation and whether such actions in fact corrected
				the violation;
5) Whether the
				person falsified any record keeping information required by the Act or this
				Part;
6) Whether the person
				submitted an application containing false information for LDAP;
7) Whether the person submitted invoices
				pursuant to contract(s) for which the work is not completed or was not
				completed in accordance with the contract or any applicable code or
				standard;
8) Whether the actions of
				the person caused or threatened to cause or exacerbate the lead poisoning of a
				child or pregnant person;
9)
				Whether the person does not submit appropriate and complete documentation as
				required by the Act and this Part;
10) Whether the person has performed work in
				violation of the Lead Poisoning Prevention Act [410 ILCS 45 ]
				or the Lead Poisoning Prevention Code;
11) Whether the person has performed work in
				violation with the Illinois Plumbing License Law [225 ILCS 320
				] or the Illinois Plumbing Code;
12) Whether the person failed to maintain the
				property in compliance with the Lead Safe Housing Maintenance Standards in
				Section 843.90;
13) Whether the person failed to ensure the
				rental property was rented to the same tenant or other low-income tenant for a
				period of not less than 5 years following the completion of the work;
14) Whether the person failed to comply with
				the conditions of the LDAP (see Sections
				843.50 through 843.90);
				and
15) Whether the person failed
				to comply with the Act or this Part.