Sec. 3. Definitions.
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/il/chapter-105/act-105/3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.