Public Act 097-0377
 
HB1953 EnrolledLRB097 09049 JDS 49183 b



    AN ACT concerning safety.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
    Section 5. The Drycleaner Environmental Response Trust 
Fund Act is amended  by changing Sections 40 and 60 as follows:
 



    (415 ILCS 135/40)


    Sec. 40. Remedial action account. 

    (a) The remedial action account is established to provide 
reimbursement to
eligible
claimants for
drycleaning solvent 
investigation, remedial action planning, and
remedial action 
activities for existing drycleaning solvent contamination

discovered at their drycleaning facilities.

    (b) The following persons are eligible for reimbursement 
from the remedial
action account:


        (1) In the case of claimant who is the owner or 
    operator of an active
drycleaning
facility licensed by the 
    Council under this Act at the time of application for

    remedial action benefits afforded under
the Fund, the

    claimant is only eligible for reimbursement of remedial

    action costs incurred in connection with a release
from 
    that drycleaning facility,
subject to any other 
    limitations under this Act.


        (2) In the case of a claimant who is the owner of an 
    inactive drycleaning
facility and
was the owner or operator 
    of the drycleaning facility when it was
an active 
    drycleaning facility, the claimant is only eligible for

    reimbursement of remedial action costs incurred in

    connection with a release from the drycleaning facility,

    subject to any other limitations under
this Act.

    (c) An eligible claimant requesting reimbursement from the 
remedial action
account shall meet all of the following:


        (1) The claimant demonstrates that the source of the 
    release is from
the claimant's drycleaning facility.


        (2) At the time the release was discovered by the 
    claimant, the claimant
and the drycleaning facility were in 
    compliance with the Agency reporting
and technical 
    operating requirements.


        (3) The claimant reported the release in a timely 
    manner to
the Agency in accordance with State law.


        (4) (Blank). The claimant applying for reimbursement 
    has not filed for
bankruptcy on or after the date of his or 
    her discovery of the release.


        (5) If the claimant is the owner or operator of an 
    active drycleaning
facility, the claimant has provided to 
    the Council proof of implementation and
maintenance of the 
    following pollution prevention measures:


            (A) That all drycleaning solvent wastes generated 
        at a drycleaning
facility be managed in accordance with 
        applicable State
waste management laws and rules.


            (B) A prohibition on the discharge of wastewater 
        from drycleaning
machines or of drycleaning solvent 
        from drycleaning
operations to a sanitary sewer or 
        septic tank or to the
surface or in groundwater.


            (C) That every drycleaning facility:


                (I) install a containment dike or other 
            containment
structure around each machine, item of 
            equipment, drycleaning area, and portable waste 
            container in which
any
drycleaning solvent is 
            utilized, which shall be capable
of containing 
            leaks, spills, or releases of
drycleaning
solvent 
            from that machine, item, area, or container.  The 
            containment
dike or other containment structure 
            shall be capable of at least the following:
(i) 
            containing a capacity of 110% of the drycleaning 
            solvent in the largest
tank or vessel within the 
            machine; (ii) containing 100% of the drycleaning

            solvent of each item of equipment or drycleaning 
            area; and (iii) containing
100% of the drycleaning 
            solvent of the largest portable waste container or 
            at
least 10% of the total volume of the portable 
            waste containers stored within
the containment 
            dike or structure, whichever is greater.


                Petroleum underground storage tank systems 
            that are upgraded in
accordance with USEPA upgrade 
            standards pursuant to 40 CFR Part 280 for the
tanks 
            and
related piping systems and use a leak detection 
            system approved by the USEPA or
IEPA are exempt 
            from this secondary containment requirement; and


                (II) seal or otherwise render impervious those 
            portions of
diked floor surfaces on which a 
            drycleaning
solvent may leak, spill, or otherwise 
            be released.


            (D) A requirement that all drycleaning solvent 
        shall be delivered
to drycleaning facilities by means 
        of closed, direct-coupled
delivery systems.


        (6) An active drycleaning facility has maintained 
    continuous financial
assurance for environmental liability 
    coverage in the amount of at least
$500,000 at least since 
    the date of award of benefits under this Section
or July 1, 
    2000, whichever is earlier.
An uninsured drycleaning 
    facility that
has filed an application for insurance with 
    the Fund by January 1, 2004,
obtained insurance through 
    that application, and maintained that insurance
coverage 
    continuously shall be considered to have conformed with the

    requirements of this subdivision (6). To conform with this 
    requirement the
applicant must pay the equivalent of the 
    total premiums due for the period
beginning June 30, 2000 
    through the date of application plus a 20% penalty of
the 
    total premiums due for that period.


        (7) The release was discovered on or after July
1, 1997 
    and before July 1, 2006.

    (d) A claimant shall submit a completed application form

provided by the Council.  The application shall contain 
documentation of
activities, plans, and expenditures 
associated with the eligible costs
incurred in response to a 
release of drycleaning solvent from a
drycleaning facility.  
Application for remedial action account benefits must be

submitted to the Council on or before June 30, 2005.

    (e) Claimants shall be subject to the following deductible 
requirements,
unless modified pursuant to the Council's 
authority under
Section 75:


        (1) An eligible claimant submitting a claim
for an 
    active drycleaning facility is responsible for the first 
    $5,000 of
eligible investigation costs and for the first 
    $10,000 of eligible remedial
action costs incurred in 
    connection with the release from the drycleaning
facility 
    and is only eligible for reimbursement for costs that 
    exceed
those amounts, subject to any other limitations of 
    this Act.


        (2) An eligible claimant submitting a
claim for an 
    inactive drycleaning facility is responsible for the first 
    $10,000
of eligible investigation costs and for the first 
    $10,000 of eligible remedial
action costs incurred in 
    connection with the release from that drycleaning

    facility, and is only eligible for reimbursement for costs 
    that exceed
those amounts, subject to any other limitations 
    of this Act.

    (f) Claimants are subject to the following limitations on 
reimbursement:


        (1) Subsequent to meeting the deductible requirements 
    of
subsection (e), and pursuant to the requirements of 
    Section 75,
reimbursement shall not exceed $300,000 per 
    active drycleaning facility and
$50,000 per inactive 
    drycleaning facility.


        (2) A contract in which one of the parties to the 
    contract is a claimant,
for goods or services that may be 
    payable or reimbursable from
the Council, is void and 
    unenforceable unless and until the Council has found
that 
    the
contract terms are within the range of usual and 
    customary rates
for similar or equivalent goods or services 
    within this State and
has found that the goods or services 
    are necessary for the claimant to
comply with Council 
    standards or other applicable regulatory standards.


        (3) A claimant may appoint the Council as an agent for 
    the purposes of
negotiating contracts with suppliers of 
    goods or services
reimbursable by the Fund.  The Council may 
    select another
contractor for goods or services other than 
    the one offered by the
claimant if the scope of the 
    proposed work or actual work of the
claimant's offered 
    contractor does not reflect the quality of workmanship

    required or if the costs are determined to be excessive, as 
    determined by the
Council.


        (4) The Council may require a claimant to obtain and 
    submit 3 bids
and may require specific terms and conditions 
    in a
contract subject to approval.


        (5) The Council may enter into a contract or an 
    exclusive contract with
the supplier of goods or services 
    required by a claimant or class of
claimants, in connection 
    with an expense reimbursable from the
Fund, for a specified 
    good or service at a gross maximum
price or fixed rate, and 
    may limit reimbursement accordingly.


        (6) Unless emergency conditions exist, a service 
    provider shall
obtain the Council's approval of the budget 
    for the remediation work
before commencing the work.  No 
    expense incurred that is above the budgeted
amount shall be 
    paid unless the Council approves
the expense prior to its 
    being incurred.  All invoices and bills relating to
the 
    remediation work shall be submitted with appropriate 
    documentation, as
deemed
necessary by the Council.


        (7) Neither the Council nor an eligible claimant is 
    responsible for
payment for
costs incurred that have not 
    been previously approved by the
Council, unless an 
    emergency exists.


        (8) The Council may determine the usual and customary 
    costs of each
item for which reimbursement may be awarded 
    under this Section.
The Council may revise the usual and 
    customary costs from time
to time as necessary, but costs 
    submitted for reimbursement shall
be subject to the rates 
    in effect at the time the costs were
incurred.


        (9) If a claimant has pollution liability insurance 
    coverage other than
coverage provided by the insurance 
    account under this Act,
that coverage shall be primary.  
    Reimbursement from the remedial
account shall be limited to 
    the deductible amounts under the primary
coverage and the

    amount that exceeds the policy limits of the primary 
    coverage,
subject to the deductible amounts of this Act. If 
    there is a
dispute between the claimant and the primary 
    insurance provider,
reimbursement from the remedial action 
    account may be made to the claimant
after the claimant

    assigns all of his or her interests in the insurance 
    coverage to the Council.

    (g) The source of funds for the remedial action account 
shall be moneys
allocated to the account by the Council 
according to the Fund budget
approved by the Council.

    (h) A drycleaning facility will be classified as active or 
inactive for
purposes of
determining benefits under this 
Section based on the status of the facility
on the date a claim 
is filed.

    (i) Eligible claimants shall conduct remedial action in 
accordance with
the
Site Remediation Program under the 
Environmental Protection Act and Part 740 of
Title 35 of the 
Illinois Administrative Code and the Tiered Approach to Cleanup

Objectives under Part 742 of Title 35 of the Illinois 
Administrative Code.

    (j) Effective January 1, 2012, an active drycleaning 
facility that has previously received or is currently receiving 
reimbursement for the costs of a remedial action, as defined in 
this Act, shall maintain continuous financial assurance for 
environmental liability coverage in the amount of at least 
$500,000 until the earlier of (i) January 1, 2020 or (ii) the 
date the Council determines the drycleaning facility is an 
inactive drycleaning facility. Failure to comply with this 
requirement will result in the revocation of the drycleaning 
facility's existing license and in the inability of the 
drycleaning facility to obtain or renew a license under Section 
60 of this Act. 
(Source: P.A. 96-774, eff. 1-1-10.)

 



    (415 ILCS 135/60)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 60. Drycleaning facility license. 

    (a) On and after January 1, 1998, no person shall operate a 
drycleaning
facility in this State without a license issued by 
the Council.

    (b) The Council shall issue an initial or renewal license 
to a drycleaning
facility on submission by an applicant of a 
completed form prescribed by the
Council, and proof of payment 
of the required fee to the Department of Revenue, and, if the 
drycleaning facility has previously received or is currently 
receiving reimbursement for the costs of a remedial action, as 
defined in this Act, proof of compliance with subsection (j) of 
Section 40.

    (c) On or after January 1, 2004, the annual fees for 
licensure are as
follows:


        (1) $500 for a facility that uses (i) 50 gallons or

    less of
chlorine-based or green drycleaning solvents 
    annually, (ii) 250 or less
gallons annually of 
    hydrocarbon-based drycleaning solvents in a drycleaning

    machine equipped with a solvent reclaimer, or (iii) 500 
    gallons
or less annually of hydrocarbon-based drycleaning 
    solvents in a
drycleaning machine without a solvent 
    reclaimer.


        (2) $500 for a facility that uses (i)
more than 50 
    gallons but not more than 100
gallons of chlorine-based or 
    green drycleaning solvents annually, (ii)
more than 250 
    gallons but not more 500 gallons annually of 
    hydrocarbon-based
solvents in
a drycleaning machine 
    equipped with a solvent reclaimer, or (iii) more
than 500 
    gallons but not more than 1,000 gallons
annually of 
    hydrocarbon-based drycleaning solvents in a drycleaning

    machine without a solvent reclaimer.


        (3) $500 for a facility that uses (i) more than 100 
    gallons but not more than 150 gallons of chlorine-based
or 
    green drycleaning solvents annually, (ii) more than 500 
    gallons but
not more than 750 gallons annually of 
    hydrocarbon-based solvents in a
drycleaning machine 
    equipped with a solvent reclaimer, or (iii) more than
1,000

    gallons but not more than 1,500 gallons annually of

    hydrocarbon-based drycleaning solvents in a drycleaning 
    machine without a
solvent reclaimer.


        (4) $1,000 for a facility that uses (i) more than 150 
    gallons but not
more than 200 gallons of chlorine-based or 
    green drycleaning solvents annually,
(ii) more than 750 
    gallons but not more than 1,000 gallons annually of

    hydrocarbon-based solvents in a drycleaning machine 
    equipped with a solvent
reclaimer, or (iii) more than
1,500 
    gallons but not more than 2,000 gallons annually of 
    hydrocarbon-based
drycleaning solvents in a drycleaning 
    machine without a solvent
reclaimer.


        (5) $1,000 for a facility that uses (i) more than 200 
    gallons but not more
than 250 gallons of chlorine-based or 
    green drycleaning solvents annually, (ii)
more than 1,000 
    gallons but not more than 1,250 gallons annually of

    hydrocarbon-based solvents in a drycleaning machine 
    equipped with a solvent
reclaimer, or (iii) more than
2,000 
    gallons but not more than 2,500 gallons annually of 
    hydrocarbon-based
drycleaning solvents in a drycleaning 
    machine without a solvent
reclaimer.


        (6) $1,000 for a facility that uses (i) more than 250 
    gallons but not
more than
300 gallons of chlorine-based or 
    green drycleaning solvents annually, (ii) more
than 1,250 
    gallons but not more than 1,500 gallons annually of

    hydrocarbon-based solvents in a drycleaning machine 
    equipped with a solvent
reclaimer, or (iii) more than 2,500 
    gallons but not more than 3,000 gallons
annually of 
    hydrocarbon-based drycleaning solvents in a drycleaning 
    machine
without
a solvent reclaimer.


        (7) $1,000 for a facility that uses (i) more than 300 
    gallons but not more
than
350 gallons of chlorine-based or 
    green drycleaning solvents annually, (ii) more
than 1,500 
    gallons but not more than 1,750 gallons annually of

    hydrocarbon-based
solvents in a drycleaning machine 
    equipped with a solvent reclaimer, or (iii)
more than 3,000 
    gallons but not more than 3,500 gallons annually of

    hydrocarbon-based
drycleaning solvents in a drycleaning 
    machine without a solvent
reclaimer.


        (8) $1,500 for a facility that uses (i) more than 350 
    gallons but not more
than
400 gallons of chlorine-based or 
    green drycleaning solvents annually, (ii) more
than 1,750 
    gallons but not more than 2,000 gallons annually of

    hydrocarbon-based
solvents in a drycleaning machine 
    equipped with a solvent reclaimer, or (iii)
more than 3,500 
    gallons but not more than 4,000 gallons annually of

    hydrocarbon-based
drycleaning solvents in a drycleaning 
    machine without a solvent
reclaimer.


        (9) $1,500 for a facility that uses (i) more than 400 
    gallons but not more
than 450 gallons of chlorine-based or 
    green drycleaning solvents annually, (ii)
more than 2,000 
    gallons but not more than 2,250 gallons annually of

    hydrocarbon-based
solvents in a drycleaning machine 
    equipped with a solvent reclaimer, or (iii)
more
than
4,000 
    gallons but not more than 4,500 gallons annually of 
    hydrocarbon-based
drycleaning solvents in a drycleaning 
    machine without a solvent
reclaimer.


        (10) $1,500 for a facility that uses (i) more than 450 
    gallons but not
more than 500
gallons of chlorine-based or 
    green drycleaning solvents annually, (ii) more
than
2,250 
    gallons but not more than 2,500 gallons annually of 
    hydrocarbon-based
solvents used in a drycleaning machine 
    equipped with a solvent reclaimer, or
(iii) more
than 4,500 
    gallons but not more than 5,000 gallons annually of

    hydrocarbon-based
drycleaning solvents in a drycleaning 
    machine without a solvent reclaimer.


        (11) $1,500 for a facility that uses (i) more than 500 
    gallons but not
more than 550
gallons of chlorine-based or 
    green drycleaning solvents annually, (ii) more
than
2,500 
    gallons but not more than 2,750 gallons annually of 
    hydrocarbon-based
solvents in a drycleaning machine 
    equipped with a solvent reclaimer, or (iii)
more than
5,000 
    gallons but not more than 5,500 gallons annually of 
    hydrocarbon-based
drycleaning solvents in a drycleaning 
    machine without a solvent
reclaimer.


        (12) $1,500 for a facility that uses (i) more than 550 
    gallons but not
more than 600
gallons of chlorine-based or 
    green drycleaning solvents annually, (ii) more
than 2,750 
    gallons but not more than 3,000 gallons annually of

    hydrocarbon-based
solvents in a drycleaning machine 
    equipped with a solvent reclaimer, or (iii)
more than
5,500 
    gallons but not more than 6,000 gallons annually of 
    hydrocarbon-based
drycleaning solvents in a drycleaning 
    machine without a solvent
reclaimer.


        (13) $1,500 for a facility that uses (i) more than 600 
    gallons of
chlorine-based or green drycleaning solvents 
    annually, (ii) more than 3,000
gallons but not more than 
    3,250 gallons annually of hydrocarbon-based solvents
in a 
    drycleaning
machine equipped with a solvent reclaimer, or 
    (iii) more than 6,000 gallons of
hydrocarbon-based 
    drycleaning solvents annually in a drycleaning machine

    equipped without a solvent reclaimer.


        (14) $1,500 for a facility that uses more than 3,250 
    gallons but not more
than 3,500 gallons annually of 
    hydrocarbon-based solvents in a drycleaning
machine 
    equipped with a solvent reclaimer.


        (15) $1,500 for a facility that uses more than 3,500 
    gallons but not more
than 3,750 gallons annually of 
    hydrocarbon-based solvents used in a drycleaning
machine 
    equipped with a solvent reclaimer.


        (16) $1,500 for a facility that uses more than 3,750 
    gallons but not more
than 4,000 gallons annually of 
    hydrocarbon-based solvents in a drycleaning
machine 
    equipped with a solvent reclaimer.


        (17) $1,500 for a facility that uses more than 4,000 
    gallons annually of
hydrocarbon-based solvents in a 
    drycleaning machine equipped with a solvent
reclaimer.

    For purpose of this subsection, the quantity of drycleaning 
solvents
used annually shall be determined as follows:


        (1) in the case of an initial applicant, the quantity 
    of drycleaning
solvents that the applicant estimates will 
    be used during his or her initial
license year.  A fee 
    assessed under this subdivision is subject to audited

    adjustment for that year; or


        (2) in the case of a renewal applicant, the quantity of 
    drycleaning
solvents actually purchased in the preceding 
    license year.

    The Council may adjust licensing fees annually based on the 
published
Consumer Price Index - All Urban Consumers ("CPI-U") 
or as otherwise determined
by the Council.

    (d) A license issued under this Section shall expire one 
year after the date
of issuance and may be renewed on 
reapplication to the Council and submission
of proof of payment 
of the appropriate fee to the Department of Revenue in

accordance with subsections (c) and (e).  At least 30 days 
before payment of a
renewal licensing fee is due, the Council 
shall attempt to:


        (1) notify the operator of each licensed drycleaning

    facility concerning the requirements of this Section;
and


        (2) submit a license fee payment form to the licensed

    operator of each drycleaning facility.

    (e) An operator of a drycleaning facility shall submit the 
appropriate
application form provided by the Council with the 
license fee in the form of
cash, or guaranteed remittance, or 
credit card to the Department of Revenue.
The license fee 
payment form and the actual license fee payment shall be

administered by the Department of Revenue under rules adopted 
by that
Department.

    (f) The Department of Revenue shall issue a proof of 
payment receipt to
each operator of a drycleaning facility who 
has paid the appropriate fee in
cash or by guaranteed 
remittance or credit card.  However, the Department of Revenue 
shall not
issue a proof of payment receipt to a drycleaning 
facility that is liable to
the Department of Revenue for a tax 
imposed under this Act.  The original
receipt shall be presented 
to the Council by the operator of a drycleaning
facility.

    (g) (Blank).

    (h) The Council and the Department of Revenue may adopt 
rules as necessary
to administer the licensing
requirements of 
this Act.

(Source: P.A. 96-774, eff. 1-1-10.)