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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
PUBLIC HEALTH
(410 ILCS 170/) Coal Tar Sealant Disclosure Act. 410 ILCS 170/1 (410 ILCS 170/1)
Sec. 1. Short title. This Act may be cited as the Coal Tar Sealant Disclosure Act.
(Source: P.A. 102-242, eff. 1-1-23.) |
410 ILCS 170/5 (410 ILCS 170/5)
Sec. 5. Definitions. In this Act: "Coal tar-based sealant or high polycyclic aromatic hydrocarbon sealant product" means a pavement sealant material containing coal tar or a high polycyclic aromatic hydrocarbon content greater than 0.1% by weight. "Department" means the Department of Public Health. "Safety data sheet" means a document describing the properties and methods of the handling and use of a substance, compound, or mixture and containing the following information with respect to the substance, compound, or mixture: (1) The chemical name, common name, trade name, and | | the identity used on the label.
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| (2) Physical and chemical characteristics, including,
| | but not limited to, vapor pressure and flash point.
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| (3) Physical hazards, including the potential for
| | fire, explosion, or reactivity.
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| (4) Known acute and chronic health effects of
| | exposure, including, but not limited to, signs and symptoms of exposure, based on substantial scientific evidence.
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| (5) The known primary route of exposure.
(6) The permissible exposure limit for those toxic
| | substances for which the federal Occupational Safety and Health Administration has adopted a permissible exposure limit.
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| (7) Precautions for safe handling and use.
(8) Recommended engineering controls.
(9) Recommended work practices.
(10) Recommended personal protective equipment.
(11) Procedures for emergencies, first aid, and
| | cleanup of leaks and spills.
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| (12) The date of preparation of the safety data sheet
| | (13) The name, address, and telephone number of the
| | employer, manufacturer, importer, or supplier who prepares the safety data sheet.
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(Source: P.A. 102-242, eff. 1-1-23.)
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410 ILCS 170/10 (410 ILCS 170/10)
Sec. 10. Coal tar sealant disclosure; public schools. (a) A public school, public school district, or day care shall provide written or telephonic notification to parents and guardians of students and employees prior to any application of a coal-tar based sealant product or a high polycyclic aromatic hydrocarbon sealant product. The written notification: (1) may be included in newsletters, bulletins, | | calendars, or other correspondence currently published by the school district or day care center;
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| (2) must be given at least 10 business days before
| | the application and should identify the intended date and location of the application of the coal-tar based sealant product or high polycyclic aromatic hydrocarbon sealant;
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| (3) must include the name and telephone contact
| | number for the school or day care center personnel responsible for the application; and
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| (4) must include any health hazards associated with
| | coal tar-based sealant product or high polycyclic aromatic hydrocarbon sealant product, as provided by a corresponding safety data sheet.
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| (b) Notwithstanding any provision of this Act or any other law to the contrary, a public school or public school district that bids a pavement engineering project using a coal tar-based sealant product or high polycyclic aromatic hydrocarbon sealant product for pavement engineering-related use shall request a bid with an alternative for asphalt-based or latex-based sealant product as a part of the engineering project. The public school or public school district shall consider whether asphalt-based or latex-based sealant product should be used for the project based upon costs and life cycle costs that regard preserving pavements, product warranties, and the benefits to public health and safety.
(c) The Department, in consultation with the State Board of Education, shall conduct outreach to public schools and public school districts to provide guidance for compliance with the provisions of this Act.
(d) On or before May 1, 2023, the Department and the State Board of Education shall post on their websites guidance on screening for coal tar-based sealant product or high polycyclic aromatic hydrocarbon sealant product, requirements for a request for proposals, and requirements for disclosure.
(Source: P.A. 102-242, eff. 1-1-23.)
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410 ILCS 170/15 (410 ILCS 170/15)
Sec. 15. Coal tar sealant disclosure; State property. (a) Notwithstanding any provision of this Act or any other law to the contrary, a State agency that undertakes a pavement engineering project requiring the use of a coal tar-based sealant or high polycyclic aromatic hydrocarbon sealant product for pavement engineering-related use shall request a base bid with an alternative for asphalt-based or latex-based sealant product as a part of the project. The State agency shall consider whether asphalt-based or latex-based sealant product should be used for the project based upon the costs involved and shall incorporate asphalt-based or latex-based sealant product into a pavement engineering project if the cost of using asphalt-based or latex-based sealant product is equal to or less than the coal tar-based sealant or high polycyclic aromatic hydrocarbon sealant product. (b) On or before May 1, 2023, the Department shall adopt rules for the procedures and standards to be used in assessing acceptable levels of high polycyclic aromatic hydrocarbon content of a pavement seal applied to any State agency property. The rules shall, at a minimum, include provisions regarding testing parameters and the notification of screening results. (c) This Section does not apply to a pavement engineering project requiring the use of a coal tar-based sealant or high polycyclic aromatic hydrocarbon sealant product for pavement engineering-related use on a highway structure conducted by or under the authority of the Department of Transportation.
(Source: P.A. 102-242, eff. 1-1-23.) |
410 ILCS 170/20 (410 ILCS 170/20)
Sec. 20. Exemptions. Nothing in this Act applies to a construction project or sale in which coal tar-based sealant or high polycyclic aromatic hydrocarbon sealant product is used for roofing application.
(Source: P.A. 102-242, eff. 1-1-23.) |
410 ILCS 170/99 (410 ILCS 170/99)
Sec. 99. Effective date. This Act takes effect January 1, 2023.
(Source: P.A. 102-242, eff. 1-1-23.) |
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