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Thursday, June 2, 2022

New Record Retention Requirements for Local Governments Addressing Dangerous or Unsafe Buildings

Municipality and county officials should be aware of a new recordkeeping obligation relating to demolition records submitted to the municipality or county. 

P.A. 102-847 amends the Illinois Municipal Code and Counties Code to require a municipality or county that brings a court action to demolish, repair, remediate, or enclose a dangerous or unsafe building within its jurisdiction (under 65 ILCS 5/11-31-1 or 55 ILCS 5/5-1121) to maintain for a period of 3 years any documentation submitted by a contractor relating to the disposal of demolition debris or uncontaminated soil generated during the demolition or work that identifies the following information:
  • hauler
  • generator
  • place of origin of the debris or soil
  • weight or volume of the debris or soil
  • location, owner, and operator of the facility where the debris or soil is transferred, disposed, recycled, or treated.
There is an exemption for permitted pollution control facilities that transfer or accept this type of debris or soil.

The Act also amends the Freedom of Information Act to expressly state that these records are public records subject to release under FOIA.


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