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91_HB2631enr
HB2631 Enrolled LRB9104051ACtmA
1 AN ACT to amend the Drycleaner Environmental Response
2 Trust Fund Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Drycleaner Environmental Response Trust
6 Fund Act is amended by changing Sections 5, 10, 40, 45, 60,
7 75, 80, and 85 as follows:
8 (415 ILCS 135/5)
9 Sec. 5. Definitions. As used in this Act:
10 (a) "Active drycleaning facility" means a drycleaning
11 facility actively engaged in drycleaning operations and
12 licensed under Section 60 of this Act.
13 (b) "Agency" means the Illinois Environmental Protection
14 Agency.
15 (c) "Claimant" means an owner or operator of a
16 drycleaning facility who has applied for reimbursement from
17 the remedial account or who has submitted a claim under the
18 insurance account with respect to a release.
19 (d) "Council" means the Drycleaner Environmental
20 Response Trust Fund Council.
21 (e) "Drycleaner Environmental Response Trust Fund" or
22 "Fund" means the fund created under Section 10 of this Act.
23 (f) "Drycleaning facility" means a facility located in
24 this State that is or has been engaged in drycleaning
25 operations for the general public, other than a:
26 (1) facility located on a United States military
27 base;
28 (2) industrial laundry, commercial laundry, or
29 linen supply facility;
30 (3) prison or other penal institution that engages
31 in drycleaning only as part of a Correctional Industries
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1 program to provide drycleaning to persons who are
2 incarcerated in a prison or penal institution or to
3 resident patients of a State-operated mental health
4 facility;
5 (4) not-for-profit hospital or other health care
6 facility; or a
7 (5) facility located or formerly located on federal
8 or State property.
9 (g) "Drycleaning operations" means drycleaning of
10 apparel and household fabrics for the general public, as
11 described in Standard Industrial Classification Industry No.
12 7215 and No. 7216 in the Standard Industrial Classification
13 Manual (SIC) by the Technical Committee on Industrial
14 Classification.
15 (h) "Drycleaning solvent" means a chlorine-based or
16 hydrocarbon-based formulation or product that is used as a
17 primary cleaning agent in drycleaning operations.
18 (i) "Emergency" or "emergency action" means a situation
19 or an immediate response to a situation to protect public
20 health or safety. "Emergency" or "emergency action" does not
21 mean removal of contaminated soils, recovery of free
22 product, or financial hardship. An "emergency" or "emergency
23 action" would normally be expected to be directly related to
24 a sudden event or discovery and would last until the threat
25 to public health is mitigated.
26 (j) "Groundwater" means underground water that occurs
27 within the saturated zone and geologic materials where the
28 fluid pressure in the pore space is equal to or greater than
29 the atmospheric pressure.
30 (k) "Inactive drycleaning facility" means a drycleaning
31 facility that is not being used for drycleaning operations
32 and is not registered under this Act.
33 (l) "Maintaining a place of business in this State" or
34 any like term means (1) having or maintaining within this
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1 State, directly or through a subsidiary, an office,
2 distribution facility, distribution house, sales house,
3 warehouse, or other place of business or (2) operating within
4 this State as an agent or representative for a person or a
5 person's subsidiary engaged in the business of selling to
6 persons within this State, irrespective of whether the place
7 of business or agent or other representative is located in
8 this State permanently or temporary, or whether the person or
9 the person's subsidiary engages in the business of selling in
10 this State.
11 (m) "No Further Remediation Letter" means a letter
12 provided by the Agency pursuant to Section 58.10 of Title
13 XVII of the Environmental Protection Act.
14 (n) "Operator" means a person or entity holding a
15 business license to operate a licensed drycleaning facility
16 or the business operation of which the drycleaning facility
17 is a part.
18 (o) "Owner" means (1) a person who owns or has
19 possession or control of a drycleaning facility at the time a
20 release is discovered, regardless of whether the facility
21 remains in operation or (2) a parent corporation of the
22 person under item (1) of this subdivision.
23 (p) "Parent corporation" means a business entity or
24 other business arrangement that has elements of common
25 ownership or control or that uses a long-term contractual
26 arrangement with a person to avoid direct responsibility for
27 conditions at a drycleaning facility.
28 (q) "Person" means an individual, trust, firm, joint
29 stock company, corporation, consortium, joint venture, or
30 other commercial entity.
31 (r) "Program year" means the period beginning on July 1
32 and ending on the following June 30, except that the initial
33 "program year" means the period beginning on July 1, 1997 or
34 on the effective date of this Act and ending on June 30, 1998
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1 .
2 (s) "Release" means any spilling, leaking, emitting,
3 discharging, escaping, leaching, or dispersing of drycleaning
4 solvents from a drycleaning facility to groundwater, surface
5 water, or subsurface soils.
6 (t) "Remedial action" means activities taken to comply
7 with Sections 58.6 and 58.7 of the Environmental Protection
8 Act and rules adopted by the Pollution Control Board under
9 those Sections.
10 (u) "Responsible party" means an owner, operator, or
11 other person financially responsible for costs of remediation
12 of a release of drycleaning solvents from a drycleaning
13 facility.
14 (v) "Service provider" means a consultant, testing
15 laboratory, monitoring well installer, soil boring
16 contractor, other contractor, lender, or any other person who
17 provides a product or service for which a claim for
18 reimbursement has been or will be filed against the remedial
19 account or insurance account, or a subcontractor of such a
20 person.
21 (Source: P.A. 90-502, eff. 8-19-97.)
22 (415 ILCS 135/10)
23 Sec. 10. Drycleaner Environmental Response Trust Fund.
24 (a) The Drycleaner Environmental Response Trust Fund is
25 created as a special fund in the State Treasury. Moneys
26 deposited into the Fund shall be used solely for the purposes
27 of the Council, for the retention by the Agency of a firm of
28 certified public accountants to annually examine and audit
29 the Council's activities as described in Section 80, and for
30 other purposes as provided in this Act. The Fund shall
31 include moneys credited to the Fund under this Act and other
32 moneys that by law may be credited to the Fund. The State
33 Treasurer may invest Funds deposited into the Fund at the
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1 direction of the Council. Interest, income from the
2 investments, and other income earned by the Fund shall be
3 credited to and deposited into the Fund.
4 Pursuant to appropriation, all moneys in the Drycleaner
5 Environmental Response Trust Fund shall be disbursed by the
6 Agency to the Council for the purpose of making
7 disbursements, if any, in accordance with this Act and for
8 the purpose of paying the ordinary and contingent expenses of
9 the Council. After June 30, 1999, pursuant to appropriation,
10 all moneys in the Drycleaner Environmental Response Trust
11 Fund may be used by the Council for the purpose of making
12 disbursements, if any, in accordance with this Act and for
13 the purpose of paying the ordinary and contingent expenses of
14 the Council. As soon as may be practicable after June 30,
15 1997, the Comptroller shall order transferred and the
16 Treasurer shall transfer from the General Revenue Fund to the
17 Drycleaner Environmental Response Trust Fund $375,000 for the
18 ordinary and contingent expenses of the Council. As soon as
19 may be practicable after December 31, 1997, the Comptroller
20 shall order transferred and the Treasurer shall transfer from
21 the Drycleaner Environmental Response Trust Fund to the
22 General Revenue Fund $375,000 plus interest at the rate of 6%
23 per annum.
24 The Fund may be divided into different accounts with
25 different depositories to fulfill the purposes of the Act as
26 determined by the Council.
27 Moneys in the Fund at the end of a State fiscal year
28 shall be carried forward to the next fiscal year and shall
29 not revert to the General Revenue Fund.
30 (b) The specific purposes of the Fund include but are
31 not limited to the following:
32 (1) To establish an account to fund remedial action
33 of drycleaning solvent releases from drycleaning
34 facilities as provided by Section 40.
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1 (2) To establish an insurance account for insuring
2 environmental risks from releases from drycleaning
3 facilities within this State as provided by Section 45.
4 (c) The State, the General Revenue Fund, and any other
5 Fund of the State, other than the Drycleaner Environmental
6 Response Trust Fund, shall not be liable for a claim or cause
7 of action in connection with a drycleaning facility not owned
8 or operated by the State or an agency of the State. All
9 expenses incurred by the Fund shall be payable solely from
10 the Fund and no liability or obligation shall be imposed upon
11 the State. The State is not liable for a claim presented
12 against the Fund.
13 (d) The liability of the Fund is limited to the extent
14 of coverage provided by the account under which a claim is
15 submitted, subject to the terms and conditions of that
16 coverage. The liability of the Fund is further limited by
17 the moneys made available to the Fund, and no remedy shall be
18 ordered that would require the Fund to exceed its then
19 current funding limitations to satisfy an award or which
20 would restrict the availability of moneys for higher priority
21 sites.
22 (e) Nothing in this Act shall be construed to limit,
23 restrict, or affect the authority and powers of the Agency or
24 another State agency or statute unless the State agency or
25 statute is specifically referenced and the limitation is
26 clearly set forth in this Act.
27 (Source: P.A. 90-502, eff. 8-19-97.)
28 (415 ILCS 135/40)
29 Sec. 40. Remedial action account.
30 (a) The remedial action account is established to
31 provide reimbursement to eligible claimants for drycleaning
32 solvent investigation, remedial action planning, and remedial
33 action activities for existing drycleaning solvent
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1 contamination discovered at their drycleaning facilities.
2 (b) The following persons are eligible for reimbursement
3 from the remedial action account:
4 (1) In the case of claimant who is the owner or
5 operator of an active drycleaning facility licensed by
6 the Council under this Act at the time of application for
7 remedial action benefits afforded under the Fund, the
8 claimant is only eligible for reimbursement of remedial
9 action costs incurred in connection with a release from
10 that drycleaning facility, subject to any other
11 limitations under this Act.
12 (2) In the case of a claimant who is the owner of
13 an inactive drycleaning facility and was the owner or
14 operator of the drycleaning facility when it was an
15 active drycleaning facility, the claimant is only
16 eligible for reimbursement of remedial action costs
17 incurred in connection with a release from the
18 drycleaning facility, subject to any other limitations
19 under this Act.
20 (c) An eligible claimant requesting reimbursement from
21 the remedial action account shall meet all of the following:
22 (1) The claimant demonstrates that the source of
23 the release is from the claimant's drycleaning facility.
24 (2) At the time the release was discovered by the
25 claimant, the claimant and the drycleaning facility were
26 in compliance with the Agency reporting and technical
27 operating requirements.
28 (3) The claimant reported the release in a timely
29 manner to the Agency in accordance with State law.
30 (4) The claimant applying for reimbursement has not
31 filed for bankruptcy on or after the date of his or her
32 discovery of the release.
33 (5) If the claimant is the owner or operator of an
34 active drycleaning facility, the claimant has provided to
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1 the Council proof of implementation and maintenance of
2 the following pollution prevention measures:
3 (A) That all drycleaning solvent wastes
4 generated at a drycleaning facility be managed in
5 accordance with applicable State waste management
6 laws and rules.
7 (B) A prohibition on the discharge of
8 wastewater from drycleaning machines or of
9 drycleaning solvent from drycleaning operations to a
10 sanitary sewer or septic tank or to the surface or
11 in groundwater.
12 (C) That every drycleaning facility:
13 (I) install a containment dike or other
14 containment structure around each machine or
15 item of equipment or the entire drycleaning
16 area in which any drycleaning solvent is
17 utilized, which shall be capable of containing
18 any leak, spill, or release of drycleaning
19 solvent from that machine, item, or area; and
20 (II) seal or otherwise render impervious
21 those portions of diked floor surfaces on which
22 a drycleaning solvent may leak, spill, or
23 otherwise be released.
24 (D) A requirement that all drycleaning solvent
25 shall be delivered to drycleaning facilities by
26 means of closed, direct-coupled delivery systems.
27 (6) An active drycleaning facility has maintained
28 continuous financial assurance for environmental
29 liability coverage in the amount of at least $500,000 at
30 least since the date of award of benefits under this
31 Section or July 1, 2000 1998, whichever is earlier.
32 (7) The release was discovered on or after July 1,
33 1997 and before July 1, 2004 2002.
34 (d) A claimant shall submit a completed application form
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1 provided by the Council. The application shall contain
2 documentation of activities, plans, and expenditures
3 associated with the eligible costs incurred in response to a
4 release of drycleaning solvent from a drycleaning facility.
5 Application for remedial action account benefits must be
6 submitted to the Council on or before June 30, 2004 2002.
7 (e) Claimants shall be subject to the following
8 deductible requirements, unless modified pursuant to the
9 Council's authority under Section 75:
10 (1) An eligible claimant submitting a claim for an
11 active drycleaning facility is responsible for the first
12 $5,000 of eligible investigation costs and for the first
13 $10,000 of eligible remedial action costs incurred in
14 connection with the release from the drycleaning facility
15 and is only eligible for reimbursement for costs that
16 exceed those amounts, subject to any other limitations of
17 this Act.
18 (2) An eligible claimant submitting a claim for an
19 inactive drycleaning facility is responsible for the
20 first $10,000 of eligible investigation costs and for the
21 first $10,000 of eligible remedial action costs incurred
22 in connection with the release from that drycleaning
23 facility, and is only eligible for reimbursement for
24 costs that exceed those amounts, subject to any other
25 limitations of this Act.
26 (f) Claimants are subject to the following limitations
27 on reimbursement:
28 (1) Subsequent to meeting the deductible
29 requirements of subsection (e), and pursuant to the
30 requirements of Section 75, reimbursement shall not
31 exceed:
32 (A) $160,000 per active drycleaning facility
33 for which an eligible claim is submitted during the
34 initial program year beginning July 1, 1999;
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1 (B) $150,000 per active drycleaning facility
2 for which an eligible claim is submitted during the
3 program year beginning July 1, 2000 1998;
4 (C) $140,000 per active drycleaning facility
5 for which an eligible claim is submitted during the
6 program year beginning July 1, 2001 1999;
7 (D) $130,000 per active drycleaning facility
8 for which an eligible claim is submitted during the
9 program year beginning July 1, 2002 2000;
10 (E) $120,000 per active drycleaning facility
11 for which an eligible claim is submitted during the
12 program year beginning July 1, 2003 2001; or
13 (F) $50,000 per inactive drycleaning facility.
14 (2) A contract in which one of the parties to the
15 contract is a claimant, for goods or services that may be
16 payable or reimbursable from the Council, is void and
17 unenforceable unless and until the Council has found that
18 the contract terms are within the range of usual and
19 customary rates for similar or equivalent goods or
20 services within this State and has found that the goods
21 or services are necessary for the claimant to comply with
22 Council standards or other applicable regulatory
23 standards.
24 (3) A claimant may appoint the Council as an agent
25 for the purposes of negotiating contracts with suppliers
26 of goods or services reimbursable by the Fund. The
27 Council may select another contractor for goods or
28 services other than the one offered by the claimant if
29 the scope of the proposed work or actual work of the
30 claimant's offered contractor does not reflect the
31 quality of workmanship required or if the costs are
32 determined to be excessive, as determined by the Council.
33 (4) The Council may require a claimant to obtain
34 and submit 3 bids and may require specific terms and
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1 conditions in a contract subject to approval.
2 (5) The Council may enter into a contract or an
3 exclusive contract with the supplier of goods or services
4 required by a claimant or class of claimants, in
5 connection with an expense reimbursable from the Fund,
6 for a specified good or service at a gross maximum price
7 or fixed rate, and may limit reimbursement accordingly.
8 (6) Unless emergency conditions exist, a service
9 provider shall obtain the Council's approval of the
10 budget for the remediation work before commencing the
11 work. No expense incurred that is above the budgeted
12 amount shall be paid unless the Council approves the
13 expense prior to its being incurred. All invoices and
14 bills relating to the remediation work shall be submitted
15 with appropriate documentation, as deemed necessary by
16 the Council, not later than 30 days after the work has
17 been performed.
18 (7) Neither the Council nor an eligible claimant is
19 responsible for payment for costs incurred that have not
20 been previously approved by the Council, unless an
21 emergency exists.
22 (8) The Council may determine the usual and
23 customary costs of each item for which reimbursement may
24 be awarded under this Section. The Council may revise the
25 usual and customary costs from time to time as necessary,
26 but costs submitted for reimbursement shall be subject to
27 the rates in effect at the time the costs were incurred.
28 (9) If a claimant has pollution liability insurance
29 coverage other than coverage provided by the insurance
30 account under this Act, that coverage shall be primary.
31 Reimbursement from the remedial account shall be limited
32 to the deductible amounts under the primary coverage and
33 the amount that exceeds the policy limits of the primary
34 coverage, subject to the deductible amounts of this Act.
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1 If there is a dispute between the claimant and the
2 primary insurance provider, reimbursement from the
3 remedial action account may be made to the claimant after
4 the claimant assigns all of his or her interests in the
5 insurance coverage to the Council.
6 (g) The source of funds for the remedial action account
7 shall be moneys allocated to the account by the Council
8 according to the Fund budget approved by the Council.
9 (h) A drycleaning facility will be classified as active
10 or inactive for purposes of determining benefits under this
11 Section based on the status of the facility on the date a
12 claim is filed.
13 (i) Eligible claimants shall conduct remedial action in
14 accordance with the Site Remediation Program under the
15 Environmental Protection Act and Part 740 of Title 35 of the
16 Illinois Administrative Code and the Tiered Approach to
17 Cleanup Objectives under Part 742 of Title 35 of the Illinois
18 Administrative Code.
19 (Source: P.A. 90-502, eff. 8-19-97.)
20 (415 ILCS 135/45)
21 Sec. 45. Insurance account.
22 (a) The insurance account shall offer financial
23 assurance for a qualified owner or operator of a drycleaning
24 facility under the terms and conditions provided for under
25 this Section. Coverage may be provided to either the owner or
26 the operator of a drycleaning facility. The Council is not
27 required to resolve whether the owner or operator, or both,
28 are responsible for a release under the terms of an agreement
29 between the owner and operator.
30 (b) The source of funds for the insurance account shall
31 be as follows:
32 (1) Moneys appropriated to the Council or moneys
33 allocated to the insurance account by the Council
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1 according to the Fund budget approved by the Council.
2 (2) Moneys collected as an insurance premium,
3 including service fees, if any.
4 (3) Investment income attributed to the insurance
5 account by the Council.
6 (c) An owner or operator may purchase coverage of up to
7 $500,000 per drycleaning facility subject to the terms and
8 conditions under this Section and those adopted by the
9 Council. Coverage shall be limited to remedial action costs
10 associated with soil and groundwater contamination resulting
11 from a release of drycleaning solvent at an insured
12 drycleaning facility, including third-party liability for
13 soil and groundwater contamination. Coverage is not provided
14 for a release that occurred before the date of coverage.
15 (d) An owner or operator, subject to underwriting
16 requirements and terms and conditions deemed necessary and
17 convenient by the Council, may purchase insurance coverage
18 from the insurance account provided that the drycleaning
19 facility to be insured meets the following conditions:
20 (1) a site investigation designed to identify soil
21 and groundwater contamination resulting from the release
22 of a drycleaning solvent has been completed. The Council
23 shall determine if the site investigation is adequate.
24 This investigation must be completed by June 30, 2004
25 2002. For drycleaning facilities that become active
26 after June 30, 2004 2002, the site investigation must be
27 completed prior to issuance of insurance coverage; and
28 (2) the drycleaning facility is participating in
29 and meets all requirements of a drycleaning compliance
30 program approved by the Council.
31 (e) The annual premium for insurance coverage shall be:
32 (1) For the year July 1, 1999 through June 30, 2000
33 initial program year, $250 per drycleaning facility.
34 (2) For the year July 1, 2000 1998 through June 30,
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1 2001 1999, $375 per drycleaning facility.
2 (3) For the year July 1, 2001 1999 through June 30,
3 2002 2000, $500 per drycleaning facility.
4 (4) For the year July 1, 2002 2000 through June 30,
5 2003 2001, $625 per drycleaning facility.
6 (5) For subsequent years, an owner or operator
7 applying for coverage shall pay an annual
8 actuarially-sound insurance premium for coverage by the
9 insurance account. The Council may approve Fund coverage
10 through the payment of a premium established on an
11 actuarially-sound basis, taking into consideration the
12 risk to the insurance account presented by the insured.
13 Risk factor adjustments utilized to determine
14 actuarially-sound insurance premiums should reflect the
15 range of risk presented by the variety of drycleaning
16 systems, monitoring systems, drycleaning volume, risk
17 management practices, and other factors as determined by
18 the Council. As used in this item, "actuarially sound" is
19 not limited to Fund premium revenue equaling or exceeding
20 Fund expenditures for the general drycleaning facility
21 population. Actuarially-determined premiums shall be
22 published at least 180 days prior to the premiums
23 becoming effective.
24 (f) If coverage is purchased for any part of a year, the
25 purchaser shall pay the full annual premium. The insurance
26 premium is fully earned upon issuance of the insurance
27 policy.
28 (g) The insurance coverage shall be provided with a
29 $10,000 deductible policy.
30 (h) A future repeal of this Section shall not terminate
31 the obligations under this Section or authority necessary to
32 administer the obligations until the obligations are
33 satisfied, including but not limited to the payment of claims
34 filed prior to the effective date of any future repeal
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1 against the insurance account until moneys in the account are
2 exhausted. Upon exhaustion of the moneys in the account, any
3 remaining claims shall be invalid. If moneys remain in the
4 account following satisfaction of the obligations under this
5 Section, the remaining moneys and moneys due the account
6 shall be used to assist current insureds to obtain a viable
7 insuring mechanism as determined by the Council after public
8 notice and opportunity for comment.
9 (Source: P.A. 90-502, eff. 8-19-97.)
10 (415 ILCS 135/60)
11 (Section scheduled to be repealed on July 1, 2007)
12 Sec. 60. Drycleaning facility license.
13 (a) On and after January 1, 1998, no person shall
14 operate a drycleaning facility in this State without a
15 license issued by the Council.
16 (b) The Council shall issue an initial or renewal
17 license to a drycleaning facility on submission by an
18 applicant of a completed form prescribed by the Council and
19 proof of payment of the required fee to the Department of
20 Revenue.
21 (c) The annual fees for licensure are as follows:
22 (1) $500 for a facility that purchases 140 gallons
23 or less of chlorine-based drycleaning solvents annually
24 or 1400 gallons or less of hydrocarbon-based drycleaning
25 solvents annually.
26 (2) $1,000 for a facility that purchases more than
27 140 gallons but less than 360 gallons of chlorine-based
28 drycleaning solvents annually or more than 1400 gallons
29 but less than 3600 gallons of hydrocarbon-based
30 drycleaning solvents annually.
31 (3) $1,500 for a facility that purchases 360
32 gallons or more of chlorine-based drycleaning solvents
33 annually or 3600 gallons or more of hydrocarbon-based
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1 drycleaning solvents annually.
2 For purpose of this subsection, the quantity of
3 drycleaning solvents purchased annually shall be determined
4 as follows:
5 (1) in the case of an initial applicant, the
6 quantity of drycleaning solvents that the applicant
7 estimates will be used during his or her initial license
8 year. A fee assessed under this subdivision is subject
9 to audited adjustment for that year; or
10 (2) in the case of a renewal applicant, the
11 quantity of drycleaning solvents actually used in the
12 preceding license year.
13 The Council may adjust licensing fees annually based on
14 the published Consumer Price Index - All Urban Consumers
15 ("CPI-U") or as otherwise determined by the Council.
16 (d) A license issued under this Section shall expire one
17 year after the date of issuance and may be renewed on
18 reapplication to the Council and submission of proof of
19 payment of the appropriate fee to the Department of Revenue
20 in accordance with subsections (c) and (e). At least 30 days
21 before payment of a renewal licensing fee is due, the Council
22 shall attempt to:
23 (1) notify the operator of each licensed
24 drycleaning facility concerning the requirements of this
25 Section; and
26 (2) submit a license fee payment form to the
27 licensed operator of each drycleaning facility.
28 (e) An operator of a drycleaning facility shall submit
29 the appropriate application form provided by the Council with
30 the license fee in the form of cash or guaranteed remittance
31 to the Department of Revenue. The license fee payment form
32 and the actual license fee payment shall be administered by
33 the Department of Revenue under rules adopted by that
34 Department.
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1 (f) The Department of Revenue shall issue a proof of
2 payment receipt to each operator of a drycleaning facility
3 who has paid the appropriate fee in cash or by guaranteed
4 remittance. However, the Department of Revenue shall not
5 issue a proof of payment receipt to a drycleaning facility
6 that is liable to the Department of Revenue for a tax imposed
7 under this Act. The original receipt shall be presented to
8 the Council by the operator of a drycleaning facility.
9 (g) An operator of a dry cleaning facility who is
10 required to pay a license fee under this Act and fails to pay
11 the license fee when the fee is due shall be assessed a
12 penalty of $5 for each day after the license fee is due and
13 until the license fee is paid. The penalty shall be effective
14 for license fees due on or after July 1, 1999.
15 (h) The Council and the Department of Revenue may adopt
16 rules as necessary to administer the licensing requirements
17 of this Act.
18 (Source: P.A. 90-502, eff. 8-19-97.)
19 (415 ILCS 135/75)
20 Sec. 75. Adjustment of fees and taxes. Beginning January
21 1, 2000 1999, and annually after that date, the Council
22 shall adjust the copayment obligation of subsection (e) of
23 Section 40, the drycleaning solvent taxes of Section 65, the
24 license fees of Section 60, or any combination of adjustment
25 of each, after notice and opportunity for public comment, in
26 a manner determined necessary and appropriate to ensure
27 viability of the Fund. Viability of the Fund shall consider
28 the settlement of all current claims subject to
29 prioritization of benefits under subsection (c) of Section
30 25, consistent with the purposes of this Act.
31 (Source: P.A. 90-502, eff. 8-19-97.)
32 (415 ILCS 135/80)
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1 Sec. 80. Audits and reports.
2 (a) The accounts, books, and other financial records of
3 the Council, including but not limited to its receipts,
4 disbursements, contracts, and other matters relating to its
5 finance, operation, and affairs, shall be examined and
6 audited annually by the Auditor General in accordance with
7 the audit standards under the Illinois State Auditing Act.
8 This audit shall be provided to the Agency for review.
9 (b) Upon request by the Auditor General, the Council
10 Agency shall retain a firm of certified public accountants to
11 examine and audit the Council as described in subsection (a)
12 on behalf of the Auditor General.
13 (c) The accounts, books, and other financial records of
14 the Council shall be maintained in accordance with the State
15 Records Act and accepted accounting practices established by
16 the State.
17 (Source: P.A. 90-502, eff. 8-19-97.)
18 (415 ILCS 135/85)
19 Sec. 85. Repeal of fee and tax provisions. Sections 60
20 and 65 of this Act are repealed on January 1, 2010 July1,
21 2007.
22 (Source: P.A. 90-502, eff. 8-19-97.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.
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