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91_HB2631ham001
LRB9104051ACtmam
1 AMENDMENT TO HOUSE BILL 2631
2 AMENDMENT NO. . Amend House Bill 2631 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Drycleaner Environmental Response Trust
5 Fund Act is amended by changing Sections 5, 10, 40, 45, 60,
6 75, 80, and 85 as follows:
7 (415 ILCS 135/5)
8 Sec. 5. Definitions. As used in this Act:
9 (a) "Active drycleaning facility" means a drycleaning
10 facility actively engaged in drycleaning operations and
11 licensed under Section 60 of this Act.
12 (b) "Agency" means the Illinois Environmental Protection
13 Agency.
14 (c) "Claimant" means an owner or operator of a
15 drycleaning facility who has applied for reimbursement from
16 the remedial account or who has submitted a claim under the
17 insurance account with respect to a release.
18 (d) "Council" means the Drycleaner Environmental
19 Response Trust Fund Council.
20 (e) "Drycleaner Environmental Response Trust Fund" or
21 "Fund" means the fund created under Section 10 of this Act.
22 (f) "Drycleaning facility" means a facility located in
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1 this State that is or has been engaged in drycleaning
2 operations for the general public, other than a:
3 (1) facility located on a United States military
4 base;
5 (2) industrial laundry, commercial laundry, or
6 linen supply facility;
7 (3) prison or other penal institution that engages
8 in drycleaning only as part of a Correctional Industries
9 program to provide drycleaning to persons who are
10 incarcerated in a prison or penal institution or to
11 resident patients of a State-operated mental health
12 facility;
13 (4) not-for-profit hospital or other health care
14 facility; or a
15 (5) facility located or formerly located on federal
16 or State property.
17 (g) "Drycleaning operations" means drycleaning of
18 apparel and household fabrics for the general public, as
19 described in Standard Industrial Classification Industry No.
20 7215 and No. 7216 in the Standard Industrial Classification
21 Manual (SIC) by the Technical Committee on Industrial
22 Classification.
23 (h) "Drycleaning solvent" means a chlorine-based or
24 hydrocarbon-based formulation or product that is used as a
25 primary cleaning agent in drycleaning operations.
26 (i) "Emergency" or "emergency action" means a situation
27 or an immediate response to a situation to protect public
28 health or safety. "Emergency" or "emergency action" does not
29 mean removal of contaminated soils, recovery of free
30 product, or financial hardship. An "emergency" or "emergency
31 action" would normally be expected to be directly related to
32 a sudden event or discovery and would last until the threat
33 to public health is mitigated.
34 (j) "Groundwater" means underground water that occurs
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1 within the saturated zone and geologic materials where the
2 fluid pressure in the pore space is equal to or greater than
3 the atmospheric pressure.
4 (k) "Inactive drycleaning facility" means a drycleaning
5 facility that is not being used for drycleaning operations
6 and is not registered under this Act.
7 (l) "Maintaining a place of business in this State" or
8 any like term means (1) having or maintaining within this
9 State, directly or through a subsidiary, an office,
10 distribution facility, distribution house, sales house,
11 warehouse, or other place of business or (2) operating within
12 this State as an agent or representative for a person or a
13 person's subsidiary engaged in the business of selling to
14 persons within this State, irrespective of whether the place
15 of business or agent or other representative is located in
16 this State permanently or temporary, or whether the person or
17 the person's subsidiary engages in the business of selling in
18 this State.
19 (m) "No Further Remediation Letter" means a letter
20 provided by the Agency pursuant to Section 58.10 of Title
21 XVII of the Environmental Protection Act.
22 (n) "Operator" means a person or entity holding a
23 business license to operate a licensed drycleaning facility
24 or the business operation of which the drycleaning facility
25 is a part.
26 (o) "Owner" means (1) a person who owns or has
27 possession or control of a drycleaning facility at the time a
28 release is discovered, regardless of whether the facility
29 remains in operation or (2) a parent corporation of the
30 person under item (1) of this subdivision.
31 (p) "Parent corporation" means a business entity or
32 other business arrangement that has elements of common
33 ownership or control or that uses a long-term contractual
34 arrangement with a person to avoid direct responsibility for
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1 conditions at a drycleaning facility.
2 (q) "Person" means an individual, trust, firm, joint
3 stock company, corporation, consortium, joint venture, or
4 other commercial entity.
5 (r) "Program year" means the period beginning on July 1
6 and ending on the following June 30, except that the initial
7 "program year" means the period beginning on July 1, 1997 or
8 on the effective date of this Act and ending on June 30, 1998
9 .
10 (s) "Release" means any spilling, leaking, emitting,
11 discharging, escaping, leaching, or dispersing of drycleaning
12 solvents from a drycleaning facility to groundwater, surface
13 water, or subsurface soils.
14 (t) "Remedial action" means activities taken to comply
15 with Sections 58.6 and 58.7 of the Environmental Protection
16 Act and rules adopted by the Pollution Control Board under
17 those Sections.
18 (u) "Responsible party" means an owner, operator, or
19 other person financially responsible for costs of remediation
20 of a release of drycleaning solvents from a drycleaning
21 facility.
22 (v) "Service provider" means a consultant, testing
23 laboratory, monitoring well installer, soil boring
24 contractor, other contractor, lender, or any other person who
25 provides a product or service for which a claim for
26 reimbursement has been or will be filed against the remedial
27 account or insurance account, or a subcontractor of such a
28 person.
29 (Source: P.A. 90-502, eff. 8-19-97.)
30 (415 ILCS 135/10)
31 Sec. 10. Drycleaner Environmental Response Trust Fund.
32 (a) The Drycleaner Environmental Response Trust Fund is
33 created as a special fund in the State Treasury. Moneys
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1 deposited into the Fund shall be used solely for the purposes
2 of the Council, for the retention by the Agency of a firm of
3 certified public accountants to annually examine and audit
4 the Council's activities as described in Section 80, and for
5 other purposes as provided in this Act. The Fund shall
6 include moneys credited to the Fund under this Act and other
7 moneys that by law may be credited to the Fund. The State
8 Treasurer may invest Funds deposited into the Fund at the
9 direction of the Council. Interest, income from the
10 investments, and other income earned by the Fund shall be
11 credited to and deposited into the Fund.
12 Pursuant to appropriation, all moneys in the Drycleaner
13 Environmental Response Trust Fund shall be disbursed by the
14 Agency to the Council for the purpose of making
15 disbursements, if any, in accordance with this Act and for
16 the purpose of paying the ordinary and contingent expenses of
17 the Council. After June 30, 1999, pursuant to appropriation,
18 all moneys in the Drycleaner Environmental Response Trust
19 Fund may be used by the Council for the purpose of making
20 disbursements, if any, in accordance with this Act and for
21 the purpose of paying the ordinary and contingent expenses of
22 the Council. As soon as may be practicable after June 30,
23 1997, the Comptroller shall order transferred and the
24 Treasurer shall transfer from the General Revenue Fund to the
25 Drycleaner Environmental Response Trust Fund $375,000 for the
26 ordinary and contingent expenses of the Council. As soon as
27 may be practicable after December 31, 1997, the Comptroller
28 shall order transferred and the Treasurer shall transfer from
29 the Drycleaner Environmental Response Trust Fund to the
30 General Revenue Fund $375,000 plus interest at the rate of 6%
31 per annum.
32 The Fund may be divided into different accounts with
33 different depositories to fulfill the purposes of the Act as
34 determined by the Council.
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1 Moneys in the Fund at the end of a State fiscal year
2 shall be carried forward to the next fiscal year and shall
3 not revert to the General Revenue Fund.
4 (b) The specific purposes of the Fund include but are
5 not limited to the following:
6 (1) To establish an account to fund remedial action
7 of drycleaning solvent releases from drycleaning
8 facilities as provided by Section 40.
9 (2) To establish an insurance account for insuring
10 environmental risks from releases from drycleaning
11 facilities within this State as provided by Section 45.
12 (c) The State, the General Revenue Fund, and any other
13 Fund of the State, other than the Drycleaner Environmental
14 Response Trust Fund, shall not be liable for a claim or cause
15 of action in connection with a drycleaning facility not owned
16 or operated by the State or an agency of the State. All
17 expenses incurred by the Fund shall be payable solely from
18 the Fund and no liability or obligation shall be imposed upon
19 the State. The State is not liable for a claim presented
20 against the Fund.
21 (d) The liability of the Fund is limited to the extent
22 of coverage provided by the account under which a claim is
23 submitted, subject to the terms and conditions of that
24 coverage. The liability of the Fund is further limited by
25 the moneys made available to the Fund, and no remedy shall be
26 ordered that would require the Fund to exceed its then
27 current funding limitations to satisfy an award or which
28 would restrict the availability of moneys for higher priority
29 sites.
30 (e) Nothing in this Act shall be construed to limit,
31 restrict, or affect the authority and powers of the Agency or
32 another State agency or statute unless the State agency or
33 statute is specifically referenced and the limitation is
34 clearly set forth in this Act.
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1 (Source: P.A. 90-502, eff. 8-19-97.)
2 (415 ILCS 135/40)
3 Sec. 40. Remedial action account.
4 (a) The remedial action account is established to
5 provide reimbursement to eligible claimants for drycleaning
6 solvent investigation, remedial action planning, and remedial
7 action activities for existing drycleaning solvent
8 contamination discovered at their drycleaning facilities.
9 (b) The following persons are eligible for reimbursement
10 from the remedial action account:
11 (1) In the case of claimant who is the owner or
12 operator of an active drycleaning facility licensed by
13 the Council under this Act at the time of application for
14 remedial action benefits afforded under the Fund, the
15 claimant is only eligible for reimbursement of remedial
16 action costs incurred in connection with a release from
17 that drycleaning facility, subject to any other
18 limitations under this Act.
19 (2) In the case of a claimant who is the owner of
20 an inactive drycleaning facility and was the owner or
21 operator of the drycleaning facility when it was an
22 active drycleaning facility, the claimant is only
23 eligible for reimbursement of remedial action costs
24 incurred in connection with a release from the
25 drycleaning facility, subject to any other limitations
26 under this Act.
27 (c) An eligible claimant requesting reimbursement from
28 the remedial action account shall meet all of the following:
29 (1) The claimant demonstrates that the source of
30 the release is from the claimant's drycleaning facility.
31 (2) At the time the release was discovered by the
32 claimant, the claimant and the drycleaning facility were
33 in compliance with the Agency reporting and technical
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1 operating requirements.
2 (3) The claimant reported the release in a timely
3 manner to the Agency in accordance with State law.
4 (4) The claimant applying for reimbursement has not
5 filed for bankruptcy on or after the date of his or her
6 discovery of the release.
7 (5) If the claimant is the owner or operator of an
8 active drycleaning facility, the claimant has provided to
9 the Council proof of implementation and maintenance of
10 the following pollution prevention measures:
11 (A) That all drycleaning solvent wastes
12 generated at a drycleaning facility be managed in
13 accordance with applicable State waste management
14 laws and rules.
15 (B) A prohibition on the discharge of
16 wastewater from drycleaning machines or of
17 drycleaning solvent from drycleaning operations to a
18 sanitary sewer or septic tank or to the surface or
19 in groundwater.
20 (C) That every drycleaning facility:
21 (I) install a containment dike or other
22 containment structure around each machine or
23 item of equipment or the entire drycleaning
24 area in which any drycleaning solvent is
25 utilized, which shall be capable of containing
26 any leak, spill, or release of drycleaning
27 solvent from that machine, item, or area; and
28 (II) seal or otherwise render impervious
29 those portions of diked floor surfaces on which
30 a drycleaning solvent may leak, spill, or
31 otherwise be released.
32 (D) A requirement that all drycleaning solvent
33 shall be delivered to drycleaning facilities by
34 means of closed, direct-coupled delivery systems.
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1 (6) An active drycleaning facility has maintained
2 continuous financial assurance for environmental
3 liability coverage in the amount of at least $500,000 at
4 least since the date of award of benefits under this
5 Section or July 1, 2000 1998, whichever is earlier.
6 (7) The release was discovered on or after July 1,
7 1997 and before July 1, 2004 2002.
8 (d) A claimant shall submit a completed application form
9 provided by the Council. The application shall contain
10 documentation of activities, plans, and expenditures
11 associated with the eligible costs incurred in response to a
12 release of drycleaning solvent from a drycleaning facility.
13 Application for remedial action account benefits must be
14 submitted to the Council on or before June 30, 2003 2002.
15 (e) Claimants shall be subject to the following
16 deductible requirements, unless modified pursuant to the
17 Council's authority under Section 75:
18 (1) An eligible claimant submitting a claim for an
19 active drycleaning facility is responsible for the first
20 $5,000 of eligible investigation costs and for the first
21 $10,000 of eligible remedial action costs incurred in
22 connection with the release from the drycleaning facility
23 and is only eligible for reimbursement for costs that
24 exceed those amounts, subject to any other limitations of
25 this Act.
26 (2) An eligible claimant submitting a claim for an
27 inactive drycleaning facility is responsible for the
28 first $10,000 of eligible investigation costs and for the
29 first $10,000 of eligible remedial action costs incurred
30 in connection with the release from that drycleaning
31 facility, and is only eligible for reimbursement for
32 costs that exceed those amounts, subject to any other
33 limitations of this Act.
34 (f) Claimants are subject to the following limitations
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1 on reimbursement:
2 (1) Subsequent to meeting the deductible
3 requirements of subsection (e), and pursuant to the
4 requirements of Section 75, reimbursement shall not
5 exceed:
6 (A) $160,000 per active drycleaning facility
7 for which an eligible claim is submitted during the
8 initial program year beginning July 1, 1999;
9 (B) $150,000 per active drycleaning facility
10 for which an eligible claim is submitted during the
11 program year beginning July 1, 2000 1998;
12 (C) $140,000 per active drycleaning facility
13 for which an eligible claim is submitted during the
14 program year beginning July 1, 2001 1999;
15 (D) $130,000 per active drycleaning facility
16 for which an eligible claim is submitted during the
17 program year beginning July 1, 2002 2000;
18 (E) $120,000 per active drycleaning facility
19 for which an eligible claim is submitted during the
20 program year beginning July 1, 2003 2001; or
21 (F) $50,000 per inactive drycleaning facility.
22 (2) A contract in which one of the parties to the
23 contract is a claimant, for goods or services that may be
24 payable or reimbursable from the Council, is void and
25 unenforceable unless and until the Council has found that
26 the contract terms are within the range of usual and
27 customary rates for similar or equivalent goods or
28 services within this State and has found that the goods
29 or services are necessary for the claimant to comply with
30 Council standards or other applicable regulatory
31 standards.
32 (3) A claimant may appoint the Council as an agent
33 for the purposes of negotiating contracts with suppliers
34 of goods or services reimbursable by the Fund. The
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1 Council may select another contractor for goods or
2 services other than the one offered by the claimant if
3 the scope of the proposed work or actual work of the
4 claimant's offered contractor does not reflect the
5 quality of workmanship required or if the costs are
6 determined to be excessive, as determined by the Council.
7 (4) The Council may require a claimant to obtain
8 and submit 3 bids and may require specific terms and
9 conditions in a contract subject to approval.
10 (5) The Council may enter into a contract or an
11 exclusive contract with the supplier of goods or services
12 required by a claimant or class of claimants, in
13 connection with an expense reimbursable from the Fund,
14 for a specified good or service at a gross maximum price
15 or fixed rate, and may limit reimbursement accordingly.
16 (6) Unless emergency conditions exist, a service
17 provider shall obtain the Council's approval of the
18 budget for the remediation work before commencing the
19 work. No expense incurred that is above the budgeted
20 amount shall be paid unless the Council approves the
21 expense prior to its being incurred. All invoices and
22 bills relating to the remediation work shall be submitted
23 with appropriate documentation, as deemed necessary by
24 the Council, not later than 30 days after the work has
25 been performed.
26 (7) Neither the Council nor an eligible claimant is
27 responsible for payment for costs incurred that have not
28 been previously approved by the Council, unless an
29 emergency exists.
30 (8) The Council may determine the usual and
31 customary costs of each item for which reimbursement may
32 be awarded under this Section. The Council may revise the
33 usual and customary costs from time to time as necessary,
34 but costs submitted for reimbursement shall be subject to
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1 the rates in effect at the time the costs were incurred.
2 (9) If a claimant has pollution liability insurance
3 coverage other than coverage provided by the insurance
4 account under this Act, that coverage shall be primary.
5 Reimbursement from the remedial account shall be limited
6 to the deductible amounts under the primary coverage and
7 the amount that exceeds the policy limits of the primary
8 coverage, subject to the deductible amounts of this Act.
9 If there is a dispute between the claimant and the
10 primary insurance provider, reimbursement from the
11 remedial action account may be made to the claimant after
12 the claimant assigns all of his or her interests in the
13 insurance coverage to the Council.
14 (g) The source of funds for the remedial action account
15 shall be moneys allocated to the account by the Council
16 according to the Fund budget approved by the Council.
17 (h) A drycleaning facility will be classified as active
18 or inactive for purposes of determining benefits under this
19 Section based on the status of the facility on the date a
20 claim is filed.
21 (i) Eligible claimants shall conduct remedial action in
22 accordance with the Site Remediation Program under the
23 Environmental Protection Act and Part 740 of Title 35 of the
24 Illinois Administrative Code and the Tiered Approach to
25 Cleanup Objectives under Part 742 of Title 35 of the Illinois
26 Administrative Code.
27 (Source: P.A. 90-502, eff. 8-19-97.)
28 (415 ILCS 135/45)
29 Sec. 45. Insurance account.
30 (a) The insurance account shall offer financial
31 assurance for a qualified owner or operator of a drycleaning
32 facility under the terms and conditions provided for under
33 this Section. Coverage may be provided to either the owner or
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1 the operator of a drycleaning facility. The Council is not
2 required to resolve whether the owner or operator, or both,
3 are responsible for a release under the terms of an agreement
4 between the owner and operator.
5 (b) The source of funds for the insurance account shall
6 be as follows:
7 (1) Moneys appropriated to the Council or moneys
8 allocated to the insurance account by the Council
9 according to the Fund budget approved by the Council.
10 (2) Moneys collected as an insurance premium,
11 including service fees, if any.
12 (3) Investment income attributed to the insurance
13 account by the Council.
14 (c) An owner or operator may purchase coverage of up to
15 $500,000 per drycleaning facility subject to the terms and
16 conditions under this Section and those adopted by the
17 Council. Coverage shall be limited to remedial action costs
18 associated with soil and groundwater contamination resulting
19 from a release of drycleaning solvent at an insured
20 drycleaning facility, including third-party liability for
21 soil and groundwater contamination. Coverage is not provided
22 for a release that occurred before the date of coverage.
23 (d) An owner or operator, subject to underwriting
24 requirements and terms and conditions deemed necessary and
25 convenient by the Council, may purchase insurance coverage
26 from the insurance account provided that the drycleaning
27 facility to be insured meets the following conditions:
28 (1) a site investigation designed to identify soil
29 and groundwater contamination resulting from the release
30 of a drycleaning solvent has been completed. The Council
31 shall determine if the site investigation is adequate.
32 This investigation must be completed by June 30, 2003
33 2002. For drycleaning facilities that become active
34 after June 30, 2003 2002, the site investigation must be
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1 completed prior to issuance of insurance coverage; and
2 (2) the drycleaning facility is participating in
3 and meets all requirements of a drycleaning compliance
4 program approved by the Council.
5 (e) The annual premium for insurance coverage shall be:
6 (1) For the year July 1, 1999 through June 30, 2000
7 initial program year, $250 per drycleaning facility.
8 (2) For the year July 1, 2000 1998 through June 30,
9 2001 1999, $375 per drycleaning facility.
10 (3) For the year July 1, 2001 1999 through June 30,
11 2002 2000, $500 per drycleaning facility.
12 (4) For the year July 1, 2002 2000 through June 30,
13 2003 2001, $625 per drycleaning facility.
14 (5) For subsequent years, an owner or operator
15 applying for coverage shall pay an annual
16 actuarially-sound insurance premium for coverage by the
17 insurance account. The Council may approve Fund coverage
18 through the payment of a premium established on an
19 actuarially-sound basis, taking into consideration the
20 risk to the insurance account presented by the insured.
21 Risk factor adjustments utilized to determine
22 actuarially-sound insurance premiums should reflect the
23 range of risk presented by the variety of drycleaning
24 systems, monitoring systems, drycleaning volume, risk
25 management practices, and other factors as determined by
26 the Council. As used in this item, "actuarially sound" is
27 not limited to Fund premium revenue equaling or exceeding
28 Fund expenditures for the general drycleaning facility
29 population. Actuarially-determined premiums shall be
30 published at least 180 days prior to the premiums
31 becoming effective.
32 (f) If coverage is purchased for any part of a year, the
33 purchaser shall pay the full annual premium. The insurance
34 premium is fully earned upon issuance of the insurance
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1 policy.
2 (g) The insurance coverage shall be provided with a
3 $10,000 deductible policy.
4 (h) A future repeal of this Section shall not terminate
5 the obligations under this Section or authority necessary to
6 administer the obligations until the obligations are
7 satisfied, including but not limited to the payment of claims
8 filed prior to the effective date of any future repeal
9 against the insurance account until moneys in the account are
10 exhausted. Upon exhaustion of the moneys in the account, any
11 remaining claims shall be invalid. If moneys remain in the
12 account following satisfaction of the obligations under this
13 Section, the remaining moneys and moneys due the account
14 shall be used to assist current insureds to obtain a viable
15 insuring mechanism as determined by the Council after public
16 notice and opportunity for comment.
17 (Source: P.A. 90-502, eff. 8-19-97.)
18 (415 ILCS 135/60)
19 (Section scheduled to be repealed on July 1, 2007)
20 Sec. 60. Drycleaning facility license.
21 (a) On and after January 1, 1998, no person shall
22 operate a drycleaning facility in this State without a
23 license issued by the Council.
24 (b) The Council shall issue an initial or renewal
25 license to a drycleaning facility on submission by an
26 applicant of a completed form prescribed by the Council and
27 proof of payment of the required fee to the Department of
28 Revenue.
29 (c) The annual fees for licensure are as follows:
30 (1) $500 for a facility that purchases 140 gallons
31 or less of chlorine-based drycleaning solvents annually
32 or 1400 gallons or less of hydrocarbon-based drycleaning
33 solvents annually.
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1 (2) $1,000 for a facility that purchases more than
2 140 gallons but less than 360 gallons of chlorine-based
3 drycleaning solvents annually or more than 1400 gallons
4 but less than 3600 gallons of hydrocarbon-based
5 drycleaning solvents annually.
6 (3) $1,500 for a facility that purchases 360
7 gallons or more of chlorine-based drycleaning solvents
8 annually or 3600 gallons or more of hydrocarbon-based
9 drycleaning solvents annually.
10 For purpose of this subsection, the quantity of
11 drycleaning solvents purchased annually shall be determined
12 as follows:
13 (1) in the case of an initial applicant, the
14 quantity of drycleaning solvents that the applicant
15 estimates will be used during his or her initial license
16 year. A fee assessed under this subdivision is subject
17 to audited adjustment for that year; or
18 (2) in the case of a renewal applicant, the
19 quantity of drycleaning solvents actually used in the
20 preceding license year.
21 The Council may adjust licensing fees annually based on
22 the published Consumer Price Index - All Urban Consumers
23 ("CPI-U") or as otherwise determined by the Council.
24 (d) A license issued under this Section shall expire one
25 year after the date of issuance and may be renewed on
26 reapplication to the Council and submission of proof of
27 payment of the appropriate fee to the Department of Revenue
28 in accordance with subsections (c) and (e). At least 30 days
29 before payment of a renewal licensing fee is due, the Council
30 shall attempt to:
31 (1) notify the operator of each licensed
32 drycleaning facility concerning the requirements of this
33 Section; and
34 (2) submit a license fee payment form to the
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1 licensed operator of each drycleaning facility.
2 (e) An operator of a drycleaning facility shall submit
3 the appropriate application form provided by the Council with
4 the license fee in the form of cash or guaranteed remittance
5 to the Department of Revenue. The license fee payment form
6 and the actual license fee payment shall be administered by
7 the Department of Revenue under rules adopted by that
8 Department.
9 (f) The Department of Revenue shall issue a proof of
10 payment receipt to each operator of a drycleaning facility
11 who has paid the appropriate fee in cash or by guaranteed
12 remittance. However, the Department of Revenue shall not
13 issue a proof of payment receipt to a drycleaning facility
14 that is liable to the Department of Revenue for a tax imposed
15 under this Act. The original receipt shall be presented to
16 the Council by the operator of a drycleaning facility.
17 (g) An operator of a dry cleaning facility who is
18 required to pay a license fee under this Act and fails to pay
19 the license fee when the fee is due shall be assessed a
20 penalty of $5 for each day after the license fee is due and
21 until the license fee is paid. The penalty shall be effective
22 for license fees due on or after July 1, 1999.
23 (h) The Council and the Department of Revenue may adopt
24 rules as necessary to administer the licensing requirements
25 of this Act.
26 (Source: P.A. 90-502, eff. 8-19-97.)
27 (415 ILCS 135/75)
28 Sec. 75. Adjustment of fees and taxes. Beginning January
29 1, 2000 1999, and annually after that date, the Council
30 shall adjust the copayment obligation of subsection (e) of
31 Section 40, the drycleaning solvent taxes of Section 65, the
32 license fees of Section 60, or any combination of adjustment
33 of each, after notice and opportunity for public comment, in
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1 a manner determined necessary and appropriate to ensure
2 viability of the Fund. Viability of the Fund shall consider
3 the settlement of all current claims subject to
4 prioritization of benefits under subsection (c) of Section
5 25, consistent with the purposes of this Act.
6 (Source: P.A. 90-502, eff. 8-19-97.)
7 (415 ILCS 135/80)
8 Sec. 80. Audits and reports.
9 (a) The accounts, books, and other financial records of
10 the Council, including but not limited to its receipts,
11 disbursements, contracts, and other matters relating to its
12 finance, operation, and affairs, shall be examined and
13 audited annually by the Auditor General in accordance with
14 the audit standards under the Illinois State Auditing Act.
15 This audit shall be provided to the Agency for review.
16 (b) Upon request by the Auditor General, the Council
17 Agency shall retain a firm of certified public accountants to
18 examine and audit the Council as described in subsection (a)
19 on behalf of the Auditor General.
20 (c) The accounts, books, and other financial records of
21 the Council shall be maintained in accordance with the State
22 Records Act and accepted accounting practices established by
23 the State.
24 (Source: P.A. 90-502, eff. 8-19-97.)
25 (415 ILCS 135/85)
26 Sec. 85. Repeal of fee and tax provisions. Sections 60
27 and 65 of this Act are repealed on January 1, 2010 July1,
28 2007.
29 (Source: P.A. 90-502, eff. 8-19-97.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.".
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