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| Public Act 096-1137 | ||||
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AN ACT concerning public health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Lead Poisoning Prevention Act is amended by | ||||
changing Section 12 as follows:
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(410 ILCS 45/12) (from Ch. 111 1/2, par. 1312)
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Sec. 12. Violations of Act.
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(a) Violation of any Section of this Act other than Section | ||||
6.01 or Section 7 shall be
punishable as a Class A misdemeanor. | ||||
A violation of Section 6.01 shall cause the Department to issue | ||||
a written warning for a first offense and shall be a petty | ||||
offense for a second or subsequent offense if the violation | ||||
occurs at the same location within 12 months after the first | ||||
offense.
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(b) In cases where a person is found to have mislabeled,
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possessed, offered for sale or transfer, sold or transferred,
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or given away lead-bearing substances, a representative of the
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Department shall confiscate the lead-bearing substances and
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retain the substances until they are shown to be in compliance
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with this Act.
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(c) In addition to any other penalty provided under this | ||||
Act, the court in
an action brought under subsection (e) may | ||||
impose upon any person who violates
or does not comply with a | ||||
notice of deficiency and a mitigation order issued
under | ||
subsection (7) of Section 9 of this Act or who fails to comply | ||
with subsection (3) or subsection (5) of Section 9 of this Act | ||
a civil penalty not exceeding
$2,500 for each violation, plus | ||
$250 for each day that the violation continues.
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Any civil penalties collected in a court proceeding shall | ||
be deposited into: | ||
(1) the a
delegated county lead poisoning screening, | ||
prevention, and abatement fund of the delegate agency | ||
conducting the environmental investigation; or, | ||
(2) the lead
poisoning screening, prevention, and | ||
abatement fund maintained by the delegate agency | ||
conducting the environmental investigation that has
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jurisdiction where the violation occurred. | ||
If
if no delegated county or delegate agency lead poisoning | ||
screening, prevention, and abatement
fund exists, then any | ||
civil penalties collected in a court proceeding shall be | ||
deposited into the Lead Poisoning Screening, Prevention, and | ||
Abatement Fund
established under Section 7.2.
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(d) Whenever the Department finds that an emergency exists | ||
that requires
immediate action to protect the health of | ||
children under this Act, it may,
without administrative | ||
procedure or notice, cause an action to be brought by
the | ||
Attorney General or the State's Attorney of the county in which | ||
a violation
has occurred for a temporary restraining order or a | ||
preliminary injunction to
require such action as is required to | ||
meet the emergency and protect the health
of children.
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(e) The State's Attorney of the county in which a violation | ||
occurs or the
Attorney General may bring an action for the | ||
enforcement of this Act and the
rules adopted and orders issued | ||
under this Act, in the name of the People of
the State of | ||
Illinois, and may, in addition to other remedies provided in
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this Act, bring an action for a temporary restraining order or | ||
preliminary
injunction as described in subsection (d) or an | ||
injunction to restrain any
actual or threatened violation or to | ||
impose or collect a civil penalty for any
violation.
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(Source: P.A. 94-879, eff. 6-20-06.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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