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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. "AN ACT concerning safety", Public Act 101-400, | ||||||
5 | approved August 16, 2019, is amended by changing Section 99 as | ||||||
6 | follows:
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7 | (P.A. 101-400, Sec. 99)
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8 | Sec. 99. Effective date. This Act takes effect on December | ||||||
9 | 31, 2019, except that Sections 5, 10, and 20 take effect on | ||||||
10 | July 1, 2020. | ||||||
11 | (Source: P.A. 101-400, eff. 7-1-20.)
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12 | Section 10. The Drycleaner Environmental Response Trust | ||||||
13 | Fund Act is amended by changing Sections 12, 31, and 45, as | ||||||
14 | follows: | ||||||
15 | (415 ILCS 135/12) | ||||||
16 | (This Section may contain text from a Public Act with a | ||||||
17 | delayed effective date ) | ||||||
18 | Sec. 12. Transfer of Council functions to the Agency. | ||||||
19 | (a) On July 1, 2020, the Council is abolished, and, except | ||||||
20 | as otherwise provided in this Act Section , all powers, duties, | ||||||
21 | rights, and responsibilities of the Council are transferred to |
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1 | the Agency. On and after that date, all of the general powers | ||||||
2 | necessary and convenient to implement and administer this Act | ||||||
3 | are, except as otherwise provided in this Act Section , hereby | ||||||
4 | vested in and may be exercised by the Agency, including, but | ||||||
5 | not limited to, the powers described in Section 25 of this Act. | ||||||
6 | (b) No later than June 30, 2020, the Administrator of the | ||||||
7 | Fund shall prepare on behalf of the Council and deliver to the
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8 | Agency a report that lists: | ||||||
9 | (1) the name, address, and telephone number of each | ||||||
10 | claimant who timely filed an application for remedial | ||||||
11 | action account benefits by June 30, 2005, and is eligible | ||||||
12 | for reimbursement from the Fund under Section 40 of this | ||||||
13 | Act for costs of remediation of a release of drycleaning | ||||||
14 | solvents from a drycleaning facility; | ||||||
15 | (2) the address of the drycleaning facility where the | ||||||
16 | release occurred and the names, addresses, and telephone | ||||||
17 | numbers of the owners and operators of the facility, as | ||||||
18 | well as whether the drycleaning facility was an active or | ||||||
19 | inactive drycleaning facility at the time that person | ||||||
20 | applied for remedial action benefits under Section 40 of | ||||||
21 | this Act; | ||||||
22 | (3) the deductible that applies with respect to the | ||||||
23 | release at the facility and the amount of the deductible | ||||||
24 | that has been satisfied; | ||||||
25 | (4) the total amount that has been reimbursed from the | ||||||
26 | Fund for the release at the facility; |
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1 | (5) costs approved for reimbursement from the Fund on | ||||||
2 | or before June 30, 2020, but which have not been reimbursed | ||||||
3 | from the Fund, for the release at the facility; | ||||||
4 | (6) for each year during which insurance coverage was | ||||||
5 | provided under this Act, the name, address, and telephone | ||||||
6 | number of each person who obtained coverage and the names | ||||||
7 | and addresses of the drycleaning facilities for which that | ||||||
8 | person obtained coverage; | ||||||
9 | (7) the sites for which site investigations required | ||||||
10 | under subsection (d) of Section 45 have been deemed | ||||||
11 | adequate by the Council; | ||||||
12 | (8) the insurance claims under Section 45 of this Act | ||||||
13 | that are pending; and | ||||||
14 | (9) the appeals under this Act that are pending. | ||||||
15 | (c) No later than June 30, 2020, all books, records, | ||||||
16 | papers, documents, property (real and personal), contracts, | ||||||
17 | causes of action, and pending business pertaining to the | ||||||
18 | powers, duties, rights, and responsibilities transferred by | ||||||
19 | Public Act 101-400 and this amendatory Act of the 101st General | ||||||
20 | Assembly , including, but not limited to, material in electronic | ||||||
21 | or magnetic format and necessary computer hardware and | ||||||
22 | software, shall be transferred to the Agency, regardless of | ||||||
23 | whether they are in the possession of the Council, an | ||||||
24 | independent contractor who serves as Administrator of the Fund, | ||||||
25 | or any other person. | ||||||
26 | (d) At the direction of the Governor or on July 1, 2020, |
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1 | whichever is earlier, all unexpended appropriations and | ||||||
2 | balances and other funds available for use by the Council, as | ||||||
3 | determined by the Director of the Governor's Office of | ||||||
4 | Management and Budget, shall be transferred for use by the | ||||||
5 | Agency in accordance with this Act, regardless of whether they | ||||||
6 | are in the possession of the Council, an independent contractor | ||||||
7 | who serves as Administrator of the Fund, or any other person. | ||||||
8 | Unexpended balances so transferred shall be expended by the | ||||||
9 | Agency only for the purpose for which the appropriations were | ||||||
10 | originally made. | ||||||
11 | (e) The transfer of powers, duties, rights, and | ||||||
12 | responsibilities pursuant to Public Act 101-400 and this | ||||||
13 | amendatory Act of the 101st General Assembly does not affect | ||||||
14 | any act done, ratified, or canceled or any right
accruing or | ||||||
15 | established or any action or proceeding had or commenced by the | ||||||
16 | Council or the Administrator of the Fund before July 1, 2020; | ||||||
17 | such actions may be prosecuted and continued by the Attorney | ||||||
18 | General. | ||||||
19 | (f) Whenever reports or notices are required to be made or | ||||||
20 | given or papers or documents furnished or served by any person | ||||||
21 | to or upon the Council or the Administrator of the Fund in | ||||||
22 | connection with any of the powers, duties, rights, or | ||||||
23 | responsibilities transferred by Public Act 101-400 and this | ||||||
24 | amendatory Act of the 101st General Assembly to the Agency, the | ||||||
25 | same shall be made, given, furnished, or served in the same | ||||||
26 | manner to or upon the Agency. |
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1 | (g) All rules duly adopted by the Council before July 1, | ||||||
2 | 2020 shall become rules of the Board on July 1, 2020 . The , and | ||||||
3 | beginning on that date, the Agency is authorized to propose to | ||||||
4 | the Board for adoption, and the Board may adopt, amendments to | ||||||
5 | those the transferred rules, as well as new rules, for carrying | ||||||
6 | out, administering, and enforcing the provisions of this Act. | ||||||
7 | (h) In addition to the rules described above, the Board is | ||||||
8 | hereby authorized to adopt rules establishing minimum | ||||||
9 | continuing education and compliance program requirements for | ||||||
10 | owners and operators of active drycleaning facilities. Board | ||||||
11 | rules establishing minimum continuing education requirements | ||||||
12 | shall, among other things, identify the minimum number of | ||||||
13 | continuing education credits that must be obtained and describe | ||||||
14 | the specific subjects to be covered in continuing education | ||||||
15 | programs. Board rules establishing minimum compliance program | ||||||
16 | requirements shall, among other things, identify the type of | ||||||
17 | inspections that must be conducted. The rules adopted by the | ||||||
18 | Board under this subsection (h) may also provide an exemption | ||||||
19 | from continuing education requirements for persons who have, | ||||||
20 | for at least 10 consecutive years on or after January 1, 2009, | ||||||
21 | owned or operated a drying facility licensed under this Act. | ||||||
22 | (i) For the purposes of the Successor Agency Act and | ||||||
23 | Section 9b of the State Finance Act, the Agency is the | ||||||
24 | successor to the Council beginning July 1, 2020.
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25 | (Source: P.A. 101-400, eff. 7-1-20.) |
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1 | (415 ILCS 135/31) | ||||||
2 | (This Section may contain text from a Public Act with a | ||||||
3 | delayed effective date ) | ||||||
4 | Sec. 31. Prohibition on renewal of contract with Fund | ||||||
5 | Administrator. The On and after the effective date of this | ||||||
6 | amendatory Act of the 101st General Assembly, the Council shall | ||||||
7 | not enter into or renew any contract or agreement with a person | ||||||
8 | to act as the Administrator of the Fund for a term that extends | ||||||
9 | beyond June 30, 2020.
| ||||||
10 | (Source: P.A. 101-400, eff. 7-1-20.)
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11 | (415 ILCS 135/45)
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12 | (Text of Section before amendment by P.A. 101-400 )
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13 | Sec. 45. Insurance account.
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14 | (a) The insurance account shall offer financial assurance | ||||||
15 | for a qualified
owner
or operator of a drycleaning facility | ||||||
16 | under the terms and conditions provided
for under this Section. | ||||||
17 | Coverage may be provided to either the owner or the
operator of | ||||||
18 | a drycleaning facility. The
Council is not required to resolve | ||||||
19 | whether the owner or operator, or both,
are responsible for a | ||||||
20 | release under the terms of an agreement between
the owner and | ||||||
21 | operator.
| ||||||
22 | (b) The source of funds for the insurance account shall be | ||||||
23 | as follows:
| ||||||
24 | (1) Moneys appropriated to the Council or moneys | ||||||
25 | allocated to the
insurance
account by the Council according |
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1 | 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 Council. | ||||||
9 | Coverage
shall be limited to remedial action costs associated | ||||||
10 | with soil and
groundwater contamination resulting from a | ||||||
11 | release of drycleaning solvent
at an insured drycleaning | ||||||
12 | facility, including third-party liability for soil
and | ||||||
13 | groundwater contamination. Coverage is not provided for a | ||||||
14 | 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 from | ||||||
18 | the insurance account provided that
the drycleaning facility to | ||||||
19 | be insured meets the following conditions:
| ||||||
20 | (1) a site investigation designed to identify soil and
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21 | groundwater contamination resulting from the release
of a | ||||||
22 | drycleaning solvent has been completed. The Council shall | ||||||
23 | determine if the
site
investigation is adequate. This | ||||||
24 | investigation must be completed by
June 30, 2006. For | ||||||
25 | drycleaning facilities that
apply for insurance coverage | ||||||
26 | after
June 30, 2006, 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 and | ||||||
3 | meets all requirements of a
drycleaning compliance program | ||||||
4 | 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 | $250
per drycleaning facility.
| ||||||
8 | (2) For the year July 1, 2000 through
June 30, 2001, | ||||||
9 | $375
per drycleaning facility.
| ||||||
10 | (3) For the year July 1, 2001 through
June 30, 2002, | ||||||
11 | $500
per drycleaning facility.
| ||||||
12 | (4) For the year July 1, 2002 through
June 30, 2003, | ||||||
13 | $625
per drycleaning facility.
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14 | (5) For subsequent years, an owner or operator applying | ||||||
15 | for
coverage shall pay an annual actuarially-sound | ||||||
16 | insurance premium
for coverage by the insurance account. | ||||||
17 | The Council may approve
Fund coverage through the payment | ||||||
18 | of a premium established on
an actuarially-sound basis, | ||||||
19 | taking into consideration the risk to the
insurance account | ||||||
20 | presented by the insured.
Risk factor adjustments utilized | ||||||
21 | to determine actuarially-sound
insurance premiums should | ||||||
22 | reflect the range of risk presented by
the variety of | ||||||
23 | drycleaning systems, monitoring systems, drycleaning
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24 | volume, risk management practices, and other factors as
| ||||||
25 | determined by the Council. As used in this item, | ||||||
26 | "actuarially sound" is not
limited to Fund premium revenue |
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1 | equaling or exceeding Fund
expenditures for the general | ||||||
2 | drycleaning facility population.
Actuarially-determined | ||||||
3 | premiums shall be published at least 180
days prior to the | ||||||
4 | premiums becoming effective.
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5 | (e-5) If an insurer sends a second notice to an owner or | ||||||
6 | operator demanding immediate payment of a past-due premium for | ||||||
7 | insurance services provided pursuant to this Act, the demand | ||||||
8 | for payment must offer a grace period of not less than 30 days | ||||||
9 | during which the owner or operator shall be allowed to pay any | ||||||
10 | premiums due. If payment is made during that period, coverage | ||||||
11 | under this Act shall not be terminated for non-payment by the | ||||||
12 | insurer. | ||||||
13 | (e-6) If an insurer terminates an owner or operator's | ||||||
14 | coverage under this Act, the insurer must send a written notice | ||||||
15 | to the owner or operator to inform him or her of the | ||||||
16 | termination of that coverage, and that notice must include | ||||||
17 | instructions on how to seek reinstatement of coverage, as well | ||||||
18 | as information concerning any premiums or penalties that might | ||||||
19 | be due. | ||||||
20 | (f) If coverage is purchased for any part of a year, the | ||||||
21 | purchaser shall pay
the full annual premium. The insurance | ||||||
22 | premium is fully earned upon issuance
of the insurance policy.
| ||||||
23 | (g) The insurance coverage shall be provided with a
$10,000 | ||||||
24 | deductible policy.
| ||||||
25 | (h) A future repeal of this Section shall not terminate
the
| ||||||
26 | obligations under this Section or authority necessary to |
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1 | administer the
obligations until the obligations are | ||||||
2 | satisfied, including but not limited to
the payment of claims | ||||||
3 | filed prior
to the effective date of any future repeal against | ||||||
4 | the insurance account until
moneys in the account are | ||||||
5 | exhausted. Upon exhaustion of the
moneys in the account, any | ||||||
6 | remaining claims shall be invalid. If moneys remain
in the | ||||||
7 | account following
satisfaction of the obligations under this | ||||||
8 | Section,
the remaining moneys and moneys due the account shall | ||||||
9 | be
used to assist current insureds to obtain a viable insuring | ||||||
10 | mechanism as
determined by the Council after public notice and | ||||||
11 | opportunity for
comment.
| ||||||
12 | (Source: P.A. 98-327, eff. 8-13-13.)
| ||||||
13 | (Text of Section after amendment by P.A. 101-400 )
| ||||||
14 | Sec. 45. Insurance account.
| ||||||
15 | (a) The insurance account shall offer financial assurance | ||||||
16 | for a qualified
owner
or operator of a drycleaning facility | ||||||
17 | under the terms and conditions provided
for under this Section. | ||||||
18 | Coverage may be provided to either the owner or the
operator of | ||||||
19 | a drycleaning facility. Neither the Agency nor the
Council is | ||||||
20 | required to resolve whether the owner or operator, or both,
are | ||||||
21 | responsible for a release under the terms of an agreement | ||||||
22 | between
the owner and operator.
| ||||||
23 | (b) The source of funds for the insurance account shall be | ||||||
24 | as follows:
| ||||||
25 | (1) moneys allocated to the
insurance
account;
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| |||||||
1 | (2) moneys collected as an insurance premium, | ||||||
2 | including service fees, if
any; and
| ||||||
3 | (3) investment income attributed to the insurance | ||||||
4 | account.
| ||||||
5 | (c) An owner or operator may purchase
coverage of up to | ||||||
6 | $500,000 per drycleaning facility subject to the terms and
| ||||||
7 | conditions under this Section and those adopted by the Council | ||||||
8 | before July 1, 2020 or by the Board on or after that date. | ||||||
9 | Coverage
shall be limited to remedial action costs associated | ||||||
10 | with soil and
groundwater contamination resulting from a | ||||||
11 | release of drycleaning solvent
at an insured drycleaning | ||||||
12 | facility, including third-party liability for soil
and | ||||||
13 | groundwater contamination. Coverage is not provided for a | ||||||
14 | 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 for periods before July 1, 2020 and | ||||||
18 | subject to terms and conditions deemed necessary and convenient | ||||||
19 | by the Board for periods on or after that date, may
purchase | ||||||
20 | insurance coverage from the insurance account provided that:
| ||||||
21 | (1) a site investigation designed to identify soil and
| ||||||
22 | groundwater contamination resulting from the release
of a | ||||||
23 | drycleaning solvent has been completed for the drycleaning | ||||||
24 | facility to be insured and the site investigation has been | ||||||
25 | found adequate by the Council before July 1, 2020 or by the | ||||||
26 | Agency on or after that date; and
|
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1 | (2) the drycleaning facility
is participating in and | ||||||
2 | meets all
drycleaning compliance program requirements | ||||||
3 | adopted by the Board pursuant Section 12 of this Act; the | ||||||
4 | Drycleaner Environmental Response Trust Fund Act.
| ||||||
5 | (3) the drycleaning facility to be insured is licensed | ||||||
6 | under Section 60 of this Act and all fees due under that | ||||||
7 | Section have been paid; | ||||||
8 | (4) the owner or operator of the drycleaning facility | ||||||
9 | to be insured provides proof to the Agency or Council that: | ||||||
10 | (A) all drycleaning solvent wastes generated at | ||||||
11 | the facility are managed in accordance with applicable | ||||||
12 | State waste management laws and rules; | ||||||
13 | (B) there is no discharge of wastewater from | ||||||
14 | drycleaning machines, or of drycleaning solvent from | ||||||
15 | drycleaning operations, to a sanitary sewer or septic | ||||||
16 | tank, to the surface, or in groundwater; | ||||||
17 | (C) the facility has a containment dike or other | ||||||
18 | containment structure around each machine, item of | ||||||
19 | equipment, drycleaning area, and portable waste | ||||||
20 | container in which any drycleaning solvent is | ||||||
21 | utilized, that is capable of containing leaks, spills, | ||||||
22 | or releases of drycleaning solvent from that machine, | ||||||
23 | item, area, or container, including: (i) 100% of the | ||||||
24 | drycleaning solvent in the largest tank or vessel; (ii) | ||||||
25 | 100% of the drycleaning solvent of each item of | ||||||
26 | drycleaning equipment; and (iii) 100% of the |
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1 | drycleaning solvent of the largest portable waste | ||||||
2 | container or at least 10% of the total volume of the | ||||||
3 | portable waste containers stored within the | ||||||
4 | containment dike or structure, whichever is greater; | ||||||
5 | (D) those portions of diked floor surfaces at the | ||||||
6 | facility on which a drycleaning solvent may leak, | ||||||
7 | spill, or otherwise be released are sealed or otherwise | ||||||
8 | rendered impervious; | ||||||
9 | (E) all drycleaning solvent is delivered to the | ||||||
10 | facility by means of closed, direct-coupled delivery | ||||||
11 | systems; and | ||||||
12 | (F) the drycleaning facility is in compliance with | ||||||
13 | paragraph (2) of subsection (d) of this Section; and | ||||||
14 | (5) the owner or operator of the drycleaning facility | ||||||
15 | to be insured has paid all insurance premiums for insurance | ||||||
16 | coverage provided under this Section. | ||||||
17 | Petroleum underground storage tank systems that are in | ||||||
18 | compliance with applicable USEPA and State Fire Marshal | ||||||
19 | rules, including, but not limited to, leak detection system | ||||||
20 | rules, are exempt from the secondary containment | ||||||
21 | requirement in subparagraph (C) of paragraph (3) of this | ||||||
22 | subsection (d). | ||||||
23 | (e) The annual premium for insurance coverage shall be:
| ||||||
24 | (1) For the year July 1, 1999 through June 30,
2000, | ||||||
25 | $250
per drycleaning facility.
| ||||||
26 | (2) For the year July 1, 2000 through
June 30, 2001, |
| |||||||
| |||||||
1 | $375
per drycleaning facility.
| ||||||
2 | (3) For the year July 1, 2001 through
June 30, 2002, | ||||||
3 | $500
per drycleaning facility.
| ||||||
4 | (4) For the year July 1, 2002 through
June 30, 2003, | ||||||
5 | $625
per drycleaning facility.
| ||||||
6 | (5) For each subsequent program year through the | ||||||
7 | program year ending June 30, 2019 For subsequent years , an | ||||||
8 | owner or operator applying for
coverage shall pay an annual | ||||||
9 | actuarially-sound insurance premium
for coverage by the | ||||||
10 | insurance account. The Council may approve
Fund coverage | ||||||
11 | through the payment of a premium established on
an | ||||||
12 | actuarially-sound basis, taking into consideration the | ||||||
13 | risk to the
insurance account presented by the insured.
| ||||||
14 | Risk factor adjustments utilized to determine | ||||||
15 | actuarially-sound
insurance premiums should reflect the | ||||||
16 | range of risk presented by
the variety of drycleaning | ||||||
17 | systems, monitoring systems, drycleaning
volume, risk | ||||||
18 | management practices, and other factors as
determined by | ||||||
19 | the Council. As used in this item, "actuarially sound" is | ||||||
20 | not
limited to Fund premium revenue equaling or exceeding | ||||||
21 | Fund
expenditures for the general drycleaning facility | ||||||
22 | population.
Actuarially-determined premiums shall be | ||||||
23 | published at least 180
days prior to the premiums becoming | ||||||
24 | effective.
| ||||||
25 | (6) For the year July 1, 2020 through June 30, 2021, | ||||||
26 | and for subsequent years through June 30, 2029, $1,500 per |
| |||||||
| |||||||
1 | drycleaning facility per year. | ||||||
2 | (7) For July 1, 2029 through January 1, 2030, $750 per | ||||||
3 | drycleaning facility. | ||||||
4 | (e-5) (Blank). | ||||||
5 | (e-6) (Blank). | ||||||
6 | (f) If coverage is purchased for any part of a year, the | ||||||
7 | purchaser shall pay
the full annual premium. Until July 1, | ||||||
8 | 2020, the The insurance premium is fully earned upon issuance
| ||||||
9 | of the insurance policy. Beginning July 1, 2020, coverage first | ||||||
10 | commences for a purchaser only after payment of the full annual | ||||||
11 | premium due for the applicable program year.
| ||||||
12 | (g) Any insurance coverage provided under this Section | ||||||
13 | shall be subject to a
$10,000 deductible.
| ||||||
14 | (h) A future repeal of this Section shall not terminate
the
| ||||||
15 | obligations under this Section or authority necessary to | ||||||
16 | administer the
obligations until the obligations are | ||||||
17 | satisfied, including but not limited to
the payment of claims | ||||||
18 | filed prior
to the effective date of any future repeal against | ||||||
19 | the insurance account until
moneys in the account are | ||||||
20 | exhausted. Upon exhaustion of the
moneys in the account, any | ||||||
21 | remaining claims shall be invalid. If moneys remain
in the | ||||||
22 | account following
satisfaction of the obligations under this | ||||||
23 | Section,
the remaining moneys and moneys due the account shall | ||||||
24 | be deposited in the remedial action account.
| ||||||
25 | (Source: P.A. 101-400, eff. 7-1-20.)
|
| |||||||
| |||||||
1 | Section 15. The Drycleaner Environmental Response Trust | ||||||
2 | Fund Act is amended by changing Sections 5, 25, 40, and 60 as | ||||||
3 | follows:
| ||||||
4 | (415 ILCS 135/5)
| ||||||
5 | (Text of Section before amendment by P.A. 101-400 )
| ||||||
6 | Sec. 5. Definitions. As used in this Act:
| ||||||
7 | (a) "Active drycleaning facility" means a drycleaning | ||||||
8 | facility actively
engaged in drycleaning operations and | ||||||
9 | licensed under Section 60 of this
Act.
| ||||||
10 | (b) "Agency" means the Illinois Environmental Protection | ||||||
11 | Agency.
| ||||||
12 | (c) "Claimant" means an owner or operator of a drycleaning | ||||||
13 | facility who has
applied for reimbursement from the remedial | ||||||
14 | account or who has
submitted a claim under the insurance | ||||||
15 | account with respect to a release.
| ||||||
16 | (d) "Council" means the Drycleaner Environmental Response | ||||||
17 | Trust Fund
Council.
| ||||||
18 | (e) "Drycleaner Environmental Response Trust Fund" or | ||||||
19 | "Fund" means the
fund created under Section 10 of this Act.
| ||||||
20 | (f) "Drycleaning facility" means a facility located in this | ||||||
21 | State that is
or has been engaged in drycleaning operations for | ||||||
22 | the general public, other
than a:
| ||||||
23 | (1) facility located on a United States military base;
| ||||||
24 | (2) industrial laundry, commercial laundry, or linen | ||||||
25 | supply facility;
|
| |||||||
| |||||||
1 | (3) prison
or other penal institution that engages in | ||||||
2 | drycleaning only as part of
a Correctional Industries | ||||||
3 | program to provide drycleaning to persons who are
| ||||||
4 | incarcerated in a prison or penal institution or to | ||||||
5 | resident patients of a
State-operated
mental health | ||||||
6 | facility;
| ||||||
7 | (4) not-for-profit hospital or other health care | ||||||
8 | facility; or a
| ||||||
9 | (5) facility located or formerly located on federal or | ||||||
10 | State property.
| ||||||
11 | (g) "Drycleaning operations" means drycleaning of apparel | ||||||
12 | and household
fabrics for the general public, as described in | ||||||
13 | Standard Industrial
Classification Industry No. 7215 and No. | ||||||
14 | 7216 in the Standard Industrial
Classification Manual (SIC) by | ||||||
15 | the Technical Committee on Industrial
Classification.
| ||||||
16 | (h) "Drycleaning solvent" means any and all nonaqueous | ||||||
17 | solvents, including
but not limited to a chlorine-based or | ||||||
18 | petroleum-based formulation or
product, including green | ||||||
19 | solvents, that are used as a primary
cleaning agent in | ||||||
20 | drycleaning operations.
| ||||||
21 | (i) "Emergency" or "emergency action" means a situation or | ||||||
22 | an
immediate response to a situation to protect public health | ||||||
23 | or safety.
"Emergency" or
"emergency action" does not mean | ||||||
24 | removal of
contaminated soils, recovery of free product, or | ||||||
25 | financial hardship. An
"emergency" or "emergency action" would | ||||||
26 | normally be
expected to be directly related to a sudden event |
| |||||||
| |||||||
1 | or discovery and would
last until the threat to public health | ||||||
2 | is mitigated.
| ||||||
3 | (j) "Groundwater" means underground water that occurs | ||||||
4 | within the saturated
zone and geologic materials where the | ||||||
5 | fluid pressure in the pore space is equal
to or greater than | ||||||
6 | the atmospheric pressure.
| ||||||
7 | (k) "Inactive drycleaning facility" means a drycleaning | ||||||
8 | facility that is not
being used for drycleaning operations and | ||||||
9 | is not registered under this Act.
| ||||||
10 | (l) "Maintaining a place of business in this State" or any | ||||||
11 | like term means
(1) having or maintaining within this State, | ||||||
12 | directly or through a subsidiary,
an
office, distribution | ||||||
13 | facility, distribution house, sales house, warehouse, or
other | ||||||
14 | place of business or (2) operating within this State as an | ||||||
15 | agent or
representative for a person or a person's subsidiary | ||||||
16 | engaged in the business
of selling to persons within this | ||||||
17 | State, irrespective of whether the place of
business or agent | ||||||
18 | or other representative is located in this State permanently
or | ||||||
19 | temporary, or whether the person or the person's subsidiary | ||||||
20 | engages in the
business of selling in this State.
| ||||||
21 | (m) "No Further Remediation Letter" means a letter provided | ||||||
22 | by the
Agency pursuant to Section 58.10 of Title XVII of the | ||||||
23 | Environmental Protection
Act.
| ||||||
24 | (n) "Operator" means a person or entity holding a business | ||||||
25 | license to
operate a licensed drycleaning facility or the | ||||||
26 | business operation of
which the drycleaning facility is a part.
|
| |||||||
| |||||||
1 | (o) "Owner" means (1)
a person who owns or has possession | ||||||
2 | or control of a drycleaning facility at
the time a release is | ||||||
3 | discovered,
regardless of whether
the facility remains in | ||||||
4 | operation or (2)
a parent corporation of the person under item | ||||||
5 | (1) of this subdivision.
| ||||||
6 | (p) "Parent corporation" means a business entity or other | ||||||
7 | business
arrangement that has elements of common ownership or | ||||||
8 | control or that
uses a long-term contractual arrangement with a | ||||||
9 | person to avoid direct
responsibility for conditions at a | ||||||
10 | drycleaning facility.
| ||||||
11 | (q) "Person" means an individual, trust, firm, joint stock | ||||||
12 | company,
corporation, consortium, joint venture, or other | ||||||
13 | commercial entity.
| ||||||
14 | (r) "Program year" means the period beginning on
July 1 and | ||||||
15 | ending on the
following June 30.
| ||||||
16 | (s) "Release" means any spilling, leaking, emitting, | ||||||
17 | discharging, escaping,
leaching, or dispersing of drycleaning | ||||||
18 | solvents from a drycleaning facility
to groundwater, surface | ||||||
19 | water, or subsurface soils.
| ||||||
20 | (t) "Remedial action" means activities taken to comply with
| ||||||
21 | Sections 58.6 and 58.7 of the Environmental Protection Act and
| ||||||
22 | rules adopted by the Pollution Control Board under those | ||||||
23 | Sections.
| ||||||
24 | (u) "Responsible party" means an owner, operator, or other | ||||||
25 | person
financially responsible for costs of remediation of a | ||||||
26 | release of drycleaning
solvents
from a drycleaning facility.
|
| |||||||
| |||||||
1 | (v) "Service provider" means a consultant, testing | ||||||
2 | laboratory, monitoring
well installer, soil boring contractor, | ||||||
3 | other contractor, lender, or any other
person who provides a | ||||||
4 | product or service for which a claim for reimbursement
has been | ||||||
5 | or will be filed against the remedial account or insurance | ||||||
6 | account, or
a subcontractor of such a person.
| ||||||
7 | (w) "Virgin facility" means a drycleaning facility that has | ||||||
8 | never had
chlorine-based or petroleum-based drycleaning | ||||||
9 | solvents
stored or used at the property prior to it becoming a
| ||||||
10 | green solvent drycleaning facility.
| ||||||
11 | (Source: P.A. 93-201, eff. 1-1-04.)
| ||||||
12 | (Text of Section after amendment by P.A. 101-400 )
| ||||||
13 | Sec. 5. Definitions. As used in this Act:
| ||||||
14 | "Active drycleaning facility" means a drycleaning facility | ||||||
15 | actively
engaged in drycleaning operations and licensed under | ||||||
16 | Section 60 of this
Act.
| ||||||
17 | "Agency" means the Illinois Environmental Protection | ||||||
18 | Agency.
| ||||||
19 | "Board" means the Illinois Pollution Control Board. | ||||||
20 | "Claimant" means an owner or operator of a drycleaning | ||||||
21 | facility who has
applied for reimbursement from the remedial | ||||||
22 | account or who has
submitted a claim under the insurance | ||||||
23 | account with respect to a release.
| ||||||
24 | "Council" means the Drycleaner Environmental Response | ||||||
25 | Trust Fund
Council.
|
| |||||||
| |||||||
1 | "Drycleaner Environmental Response Trust Fund" or "Fund" | ||||||
2 | means the
fund created under Section 10 of this Act.
| ||||||
3 | "Drycleaning facility" means a facility located in this | ||||||
4 | State that is
or has been engaged in drycleaning operations for | ||||||
5 | the general public, other
than:
| ||||||
6 | (1) a facility located on a United States military | ||||||
7 | base;
| ||||||
8 | (2) an industrial laundry, commercial laundry, or | ||||||
9 | linen supply facility;
| ||||||
10 | (3) a prison
or other penal institution that engages in | ||||||
11 | drycleaning only as part of
a Correctional Industries | ||||||
12 | program to provide drycleaning to persons who are
| ||||||
13 | incarcerated in a prison or penal institution or to | ||||||
14 | resident patients of a
State-operated
mental health | ||||||
15 | facility;
| ||||||
16 | (4) a not-for-profit hospital or other health care | ||||||
17 | facility; or a
| ||||||
18 | (5) a facility located or formerly located on federal | ||||||
19 | or State property.
| ||||||
20 | "Drycleaning operations" means drycleaning of apparel and | ||||||
21 | household
fabrics for the general public, as described in | ||||||
22 | Standard Industrial
Classification Industry No. 7215 and No. | ||||||
23 | 7216 in the Standard Industrial
Classification Manual (SIC) by | ||||||
24 | the Technical Committee on Industrial
Classification.
| ||||||
25 | "Drycleaning solvent" means any and all nonaqueous | ||||||
26 | solvents, including
but not limited to a chlorine-based or |
| |||||||
| |||||||
1 | petroleum-based formulation or
product, including green | ||||||
2 | solvents, that are used as a primary
cleaning agent in | ||||||
3 | drycleaning operations.
| ||||||
4 | "Emergency" or "emergency action" means a situation or an
| ||||||
5 | immediate response to a situation to protect public health or | ||||||
6 | safety.
"Emergency" or
"emergency action" does not mean removal | ||||||
7 | of
contaminated soils, recovery of free product, or financial | ||||||
8 | hardship. An
"emergency" or "emergency action" would normally | ||||||
9 | be
expected to be directly related to a sudden event or | ||||||
10 | discovery and would
last until the threat to public health is | ||||||
11 | mitigated.
| ||||||
12 | "Groundwater" means underground water that occurs within | ||||||
13 | the saturated
zone and geologic materials where the fluid | ||||||
14 | pressure in the pore space is equal
to or greater than the | ||||||
15 | atmospheric pressure.
| ||||||
16 | "Inactive drycleaning facility" means a drycleaning | ||||||
17 | facility that is not
being used for drycleaning operations and | ||||||
18 | is not registered under this Act.
| ||||||
19 | "Maintaining a place of business in this State" or any like | ||||||
20 | term means
(1) having or maintaining within this State, | ||||||
21 | directly or through a subsidiary,
an
office, distribution | ||||||
22 | facility, distribution house, sales house, warehouse, or
other | ||||||
23 | place of business or (2) operating within this State as an | ||||||
24 | agent or
representative for a person or a person's subsidiary | ||||||
25 | engaged in the business
of selling to persons within this | ||||||
26 | State, irrespective of whether the place of
business or agent |
| |||||||
| |||||||
1 | or other representative is located in this State permanently
or | ||||||
2 | temporary, or whether the person or the person's subsidiary | ||||||
3 | engages in the
business of selling in this State.
| ||||||
4 | "No Further Remediation Letter" means a letter provided by | ||||||
5 | the
Agency pursuant to Section 58.10 of Title XVII of the | ||||||
6 | Environmental Protection
Act.
| ||||||
7 | "Operator" means a person or entity holding a business | ||||||
8 | license to
operate a licensed drycleaning facility or the | ||||||
9 | business operation of
which the drycleaning facility is a part.
| ||||||
10 | "Owner" means (1)
a person who owns or has possession or | ||||||
11 | control of a drycleaning facility at
the time a release is | ||||||
12 | discovered,
regardless of whether
the facility remains in | ||||||
13 | operation or (2)
a parent corporation of the person under item | ||||||
14 | (1) of this subdivision.
| ||||||
15 | "Parent corporation" means a business entity or other | ||||||
16 | business
arrangement that has elements of common ownership or | ||||||
17 | control or that
uses a long-term contractual arrangement with a | ||||||
18 | person to avoid direct
responsibility for conditions at a | ||||||
19 | drycleaning facility.
| ||||||
20 | "Person" means an individual, trust, firm, joint stock | ||||||
21 | company,
corporation, consortium, joint venture, or other | ||||||
22 | commercial entity.
| ||||||
23 | "Program year" means the period beginning on
July 1 and | ||||||
24 | ending on the
following June 30.
| ||||||
25 | "Release" means any spilling, leaking, emitting, | ||||||
26 | discharging, escaping,
leaching, or dispersing of drycleaning |
| |||||||
| |||||||
1 | solvents from a drycleaning facility
to groundwater, surface | ||||||
2 | water, or subsurface soils.
| ||||||
3 | "Remedial action" means activities taken to comply with | ||||||
4 | Title XVII
of the Environmental Protection Act and
rules | ||||||
5 | adopted by the Board to administer that Title.
| ||||||
6 | "Responsible party" means an owner, operator, or other | ||||||
7 | person
financially responsible for costs of remediation of a | ||||||
8 | release of drycleaning
solvents
from a drycleaning facility.
| ||||||
9 | "Service provider" means a consultant, testing laboratory, | ||||||
10 | monitoring
well installer, soil boring contractor, other | ||||||
11 | contractor, lender, or any other
person who provides a product | ||||||
12 | or service for which a claim for reimbursement
has been or will | ||||||
13 | be filed against the Fund, or
a subcontractor of such a person.
| ||||||
14 | "Virgin facility" means a drycleaning facility that has | ||||||
15 | never had
chlorine-based or petroleum-based drycleaning | ||||||
16 | solvents
stored or used at the property prior to it becoming a
| ||||||
17 | green solvent drycleaning facility.
| ||||||
18 | (Source: P.A. 101-400, eff. 7-1-20.)
| ||||||
19 | (415 ILCS 135/25)
| ||||||
20 | (Text of Section before amendment by P.A. 101-400 )
| ||||||
21 | Sec. 25. Powers and duties of the Council.
| ||||||
22 | (a) The Council shall have all of the general
powers | ||||||
23 | reasonably necessary and convenient to carry out its purposes
| ||||||
24 | and may perform the following functions, subject to any express
| ||||||
25 | limitations contained
in
this Act:
|
| |||||||
| |||||||
1 | (1) Take actions and enter into agreements necessary to
| ||||||
2 | reimburse claimants for eligible remedial action expenses, | ||||||
3 | assist
the Agency to protect the environment from releases, | ||||||
4 | reduce costs
associated with remedial actions, and | ||||||
5 | establish and implement an
insurance program.
| ||||||
6 | (2) Acquire and hold personal property to be used for | ||||||
7 | the purpose of
remedial action.
| ||||||
8 | (3) Purchase, construct, improve, furnish, equip, | ||||||
9 | lease, option, sell,
exchange, or otherwise dispose of one | ||||||
10 | or more improvements
under the terms it determines.
The | ||||||
11 | Council may define "improvements" by rule for purposes of | ||||||
12 | this Act.
| ||||||
13 | (4) Grant a lien, pledge, assignment, or other | ||||||
14 | encumbrance on one or
more revenues, assets of right, | ||||||
15 | accounts, or funds established or
received in connection | ||||||
16 | with the Fund, including revenues derived
from fees or | ||||||
17 | taxes collected under this Act.
| ||||||
18 | (5) Contract for the acquisition or construction of one | ||||||
19 | or more
improvements or parts of one or more improvements | ||||||
20 | or for the
leasing, subleasing, sale, or other disposition | ||||||
21 | of one or more
improvements in a manner the Council | ||||||
22 | determines.
| ||||||
23 | (6) Cooperate with the Agency in the implementation and | ||||||
24 | administration of
this Act to minimize unnecessary | ||||||
25 | duplication of effort,
reporting, or paperwork and to | ||||||
26 | maximize environmental protection
within the funding |
| |||||||
| |||||||
1 | limits of this Act.
| ||||||
2 | (7) Except as otherwise provided by law, inspect any | ||||||
3 | document in the
possession of an owner, operator,
service | ||||||
4 | provider, or any other person if the document is relevant | ||||||
5 | to
a claim for reimbursement under this Section or may | ||||||
6 | inspect a
drycleaning facility for which a claim for | ||||||
7 | benefits under this Act
has been submitted.
| ||||||
8 | (b) The Council shall pre-approve, and the contracting | ||||||
9 | parties shall seek
pre-approval for, a contract entered into | ||||||
10 | under
this Act if the cost of the contract exceeds $75,000.
The
| ||||||
11 | Council or its designee shall review and approve or disapprove
| ||||||
12 | all contracts entered into under this Act. However, review by | ||||||
13 | the Council or
its
designee shall not be required when an | ||||||
14 | emergency situation exists.
All contracts entered into by the | ||||||
15 | Council shall be awarded on a
competitive basis to the maximum | ||||||
16 | extent practical. In those
situations where it is determined | ||||||
17 | that bidding is not practical, the
basis for the determination | ||||||
18 | of impracticability shall be documented
by the Council or its | ||||||
19 | designee.
| ||||||
20 | (c) The Council may prioritize the expenditure of funds | ||||||
21 | from the
remedial action account whenever it determines that | ||||||
22 | there are not
sufficient funds to settle all current claims. In | ||||||
23 | prioritizing, the Council may
consider the
following:
| ||||||
24 | (1) the degree to which human health is affected by the | ||||||
25 | exposure
posed by the release;
| ||||||
26 | (2) the reduction of risk to human health derived from
|
| |||||||
| |||||||
1 | remedial action compared to the cost of the remedial | ||||||
2 | action;
| ||||||
3 | (3) the present and planned uses of the impacted | ||||||
4 | property; and
| ||||||
5 | (4) other factors as determined by the Council.
| ||||||
6 | (d) The Council shall adopt rules allowing the direct | ||||||
7 | payment from
the Fund to a contractor who performs remediation. | ||||||
8 | The rules concerning the
direct payment shall include a | ||||||
9 | provision that any applicable deductible must be
paid by the | ||||||
10 | drycleaning facility prior to any direct payment from the Fund.
| ||||||
11 | (e) The Council may purchase reinsurance coverage to reduce | ||||||
12 | the
Fund's potential liability for reimbursement of remedial | ||||||
13 | action costs.
| ||||||
14 | (Source: P.A. 93-201, eff. 1-1-04.)
| ||||||
15 | (Text of Section after amendment by P.A. 101-400 )
| ||||||
16 | Sec. 25. Powers and duties of the Agency and Board .
| ||||||
17 | (a) The Agency shall have all of the general
powers | ||||||
18 | reasonably necessary and convenient to carry out
this Act, | ||||||
19 | including, but not limited to, the power to:
| ||||||
20 | (1) Take actions and enter into agreements necessary | ||||||
21 | to: | ||||||
22 | (A)
reimburse claimants for eligible remedial | ||||||
23 | action expenses; | ||||||
24 | (B) protect the environment from releases for | ||||||
25 | which claimants are eligible for reimbursement under |
| |||||||
| |||||||
1 | this Act by, among other things, performing | ||||||
2 | investigative, remedial, or other appropriate actions | ||||||
3 | in response to those releases; and | ||||||
4 | (C) reduce costs
associated with remedial actions ; | ||||||
5 | and . | ||||||
6 | (D) pay eligible claims in accordance with | ||||||
7 | coverage provided under Section 45 of this Act.
| ||||||
8 | (2) Acquire and hold personal property to be used for | ||||||
9 | the purpose of
remedial action.
| ||||||
10 | (3) (Blank).
| ||||||
11 | (4) (Blank).
| ||||||
12 | (5) (Blank).
| ||||||
13 | (6) (Blank).
| ||||||
14 | (7) Except as otherwise provided by law, inspect any | ||||||
15 | document in the
possession of an owner, operator,
service | ||||||
16 | provider, or any other person if the document is relevant | ||||||
17 | to
a claim for reimbursement under this Section or may | ||||||
18 | inspect a
drycleaning facility for which a claim for | ||||||
19 | benefits under this Act
has been submitted.
| ||||||
20 | (b) (Blank).
| ||||||
21 | (c) The Agency shall, in accordance with Board rules, | ||||||
22 | prioritize the expenditure of funds from the
remedial action | ||||||
23 | account whenever it determines that there are not
sufficient | ||||||
24 | funds to settle all current claims. In prioritizing, the Agency | ||||||
25 | shall
consider, among other things, the
following:
| ||||||
26 | (1) the degree to which human health is affected by the |
| |||||||
| |||||||
1 | exposure
posed by the release;
| ||||||
2 | (2) the reduction of risk to human health derived from
| ||||||
3 | remedial action compared to the cost of the remedial | ||||||
4 | action;
| ||||||
5 | (3) the present and planned uses of the impacted | ||||||
6 | property; | ||||||
7 | (4) whether the claimant is currently licensed, | ||||||
8 | insured, and has paid all fees and premiums due under this | ||||||
9 | Act; and
| ||||||
10 | (5) other factors as determined by the Board.
| ||||||
11 | (d) The Board may adopt rules allowing the direct payment | ||||||
12 | from
the Fund to a contractor who performs remediation. The | ||||||
13 | rules concerning the
direct payment shall include a provision | ||||||
14 | that any applicable deductible must be
paid by the drycleaning | ||||||
15 | facility prior to any direct payment from the Fund.
| ||||||
16 | (e) (Blank).
| ||||||
17 | (f) The Agency may, in accordance with constitutional | ||||||
18 | limitations, enter at all reasonable times upon any private or | ||||||
19 | public property for the purpose of inspecting and investigating | ||||||
20 | to ascertain possible violations of this Act, any rule adopted | ||||||
21 | under this Act, or any order entered pursuant to this Act. | ||||||
22 | (g) If the Agency becomes aware of a violation of this Act | ||||||
23 | or any rule adopted under this Act, it may refer the matter to | ||||||
24 | the Attorney General for enforcement. | ||||||
25 | (h) In calendar years 2021 and 2022 and as deemed necessary | ||||||
26 | by the Director of the Agency thereafter, the Agency shall |
| |||||||
| |||||||
1 | prepare a report on the status of the Fund and convene a public | ||||||
2 | meeting for purposes of disseminating the information in the | ||||||
3 | report and accepting questions from members of the public on | ||||||
4 | its contents. The reports prepared by the Agency under this | ||||||
5 | subsection shall, at a minimum, describe the current financial | ||||||
6 | status of the Fund, identify administrative expenses incurred | ||||||
7 | by the Agency in its administration of the Fund, identify | ||||||
8 | amounts from the Fund that have been applied toward remedial | ||||||
9 | action and insurance claims under the Act, and list the | ||||||
10 | drycleaning facilities in the State eligible for reimbursement | ||||||
11 | from the Fund that have completed remedial action. The Agency | ||||||
12 | shall make available on its website an electronic copy of the | ||||||
13 | reports required under this subsection. | ||||||
14 | (Source: P.A. 101-400, eff. 7-1-20.)
| ||||||
15 | (415 ILCS 135/40)
| ||||||
16 | (Text of Section before amendment by P.A. 101-400 )
| ||||||
17 | Sec. 40. Remedial action account.
| ||||||
18 | (a) The remedial action account is established to provide | ||||||
19 | reimbursement to
eligible
claimants for
drycleaning solvent | ||||||
20 | investigation, remedial action planning, and
remedial action | ||||||
21 | activities for existing drycleaning solvent contamination
| ||||||
22 | discovered at their drycleaning facilities.
| ||||||
23 | (b) The following persons are eligible for reimbursement | ||||||
24 | from the remedial
action account:
| ||||||
25 | (1) In the case of claimant who is the owner or |
| |||||||
| |||||||
1 | operator of an active
drycleaning
facility licensed by the | ||||||
2 | Council under this Act at the time of application for
| ||||||
3 | remedial action benefits afforded under
the Fund, the
| ||||||
4 | claimant is only eligible for reimbursement of remedial
| ||||||
5 | action costs incurred in connection with a release
from | ||||||
6 | that drycleaning facility,
subject to any other | ||||||
7 | limitations under this Act.
| ||||||
8 | (2) In the case of a claimant who is the owner of an | ||||||
9 | inactive drycleaning
facility and
was the owner or operator | ||||||
10 | of the drycleaning facility when it was
an active | ||||||
11 | drycleaning facility, the claimant is only eligible for
| ||||||
12 | reimbursement of remedial action costs incurred in
| ||||||
13 | connection with a release from the drycleaning facility,
| ||||||
14 | subject to any other limitations under
this Act.
| ||||||
15 | (c) An eligible claimant requesting reimbursement from the | ||||||
16 | remedial action
account shall meet all of the following:
| ||||||
17 | (1) The claimant demonstrates that the source of the | ||||||
18 | release is from
the claimant's drycleaning facility.
| ||||||
19 | (2) At the time the release was discovered by the | ||||||
20 | claimant, the claimant
and the drycleaning facility were in | ||||||
21 | compliance with the Agency reporting
and technical | ||||||
22 | operating requirements.
| ||||||
23 | (3) The claimant reported the release in a timely | ||||||
24 | manner to
the Agency in accordance with State law.
| ||||||
25 | (4) (Blank).
| ||||||
26 | (5) If the claimant is the owner or operator of an |
| |||||||
| |||||||
1 | active drycleaning
facility, the claimant has provided to | ||||||
2 | the Council proof of implementation and
maintenance of the | ||||||
3 | following pollution prevention measures:
| ||||||
4 | (A) That all drycleaning solvent wastes generated | ||||||
5 | at a drycleaning
facility be managed in accordance with | ||||||
6 | applicable State
waste management laws and rules.
| ||||||
7 | (B) A prohibition on the discharge of wastewater | ||||||
8 | from drycleaning
machines or of drycleaning solvent | ||||||
9 | from drycleaning
operations to a sanitary sewer or | ||||||
10 | septic tank or to the
surface or in groundwater.
| ||||||
11 | (C) That every drycleaning facility:
| ||||||
12 | (I) install a containment dike or other | ||||||
13 | containment
structure around each machine, item of | ||||||
14 | equipment, drycleaning area, and portable waste | ||||||
15 | container in which
any
drycleaning solvent is | ||||||
16 | utilized, which shall be capable
of containing | ||||||
17 | leaks, spills, or releases of
drycleaning
solvent | ||||||
18 | from that machine, item, area, or container. The | ||||||
19 | containment
dike or other containment structure | ||||||
20 | shall be capable of at least the following:
(i) | ||||||
21 | containing a capacity of 110% of the drycleaning | ||||||
22 | solvent in the largest
tank or vessel within the | ||||||
23 | machine; (ii) containing 100% of the drycleaning
| ||||||
24 | solvent of each item of equipment or drycleaning | ||||||
25 | area; and (iii) containing
100% of the drycleaning | ||||||
26 | solvent of the largest portable waste container or |
| |||||||
| |||||||
1 | at
least 10% of the total volume of the portable | ||||||
2 | waste containers stored within
the containment | ||||||
3 | dike or structure, whichever is greater.
| ||||||
4 | Petroleum underground storage tank systems | ||||||
5 | that are upgraded in
accordance with USEPA upgrade | ||||||
6 | standards pursuant to 40 CFR Part 280 for the
tanks | ||||||
7 | and
related piping systems and use a leak detection | ||||||
8 | system approved by the USEPA or
IEPA are exempt | ||||||
9 | from this secondary containment requirement; and
| ||||||
10 | (II) seal or otherwise render impervious those | ||||||
11 | portions of
diked floor surfaces on which a | ||||||
12 | drycleaning
solvent may leak, spill, or otherwise | ||||||
13 | be released.
| ||||||
14 | (D) A requirement that all drycleaning solvent | ||||||
15 | shall be delivered
to drycleaning facilities by means | ||||||
16 | of closed, direct-coupled
delivery systems.
| ||||||
17 | (6) An active drycleaning facility has maintained | ||||||
18 | continuous financial
assurance for environmental liability | ||||||
19 | coverage in the amount of at least
$500,000 at least since | ||||||
20 | the date of award of benefits under this Section
or July 1, | ||||||
21 | 2000, whichever is earlier.
An uninsured drycleaning | ||||||
22 | facility that
has filed an application for insurance with | ||||||
23 | the Fund by January 1, 2004,
obtained insurance through | ||||||
24 | that application, and maintained that insurance
coverage | ||||||
25 | continuously shall be considered to have conformed with the
| ||||||
26 | requirements of this subdivision (6). To conform with this |
| |||||||
| |||||||
1 | requirement the
applicant must pay the equivalent of the | ||||||
2 | total premiums due for the period
beginning June 30, 2000 | ||||||
3 | through the date of application plus a 20% penalty of
the | ||||||
4 | total premiums due for that period.
| ||||||
5 | (7) The release was discovered on or after July
1, 1997 | ||||||
6 | and before July 1, 2006.
| ||||||
7 | (d) A claimant shall submit a completed application form
| ||||||
8 | provided by the Council. The application shall contain | ||||||
9 | documentation of
activities, plans, and expenditures | ||||||
10 | associated with the eligible costs
incurred in response to a | ||||||
11 | release of drycleaning solvent from a
drycleaning facility. | ||||||
12 | Application for remedial action account benefits must be
| ||||||
13 | submitted to the Council on or before June 30, 2005.
| ||||||
14 | (e) Claimants shall be subject to the following deductible | ||||||
15 | requirements,
unless modified pursuant to the Council's | ||||||
16 | authority under
Section 75:
| ||||||
17 | (1) An eligible claimant submitting a claim
for an | ||||||
18 | active drycleaning facility is responsible for the first | ||||||
19 | $5,000 of
eligible investigation costs and for the first | ||||||
20 | $10,000 of eligible remedial
action costs incurred in | ||||||
21 | connection with the release from the drycleaning
facility | ||||||
22 | and is only eligible for reimbursement for costs that | ||||||
23 | exceed
those amounts, subject to any other limitations of | ||||||
24 | this Act.
| ||||||
25 | (2) An eligible claimant submitting a
claim for an | ||||||
26 | inactive drycleaning facility is responsible for the first |
| |||||||
| |||||||
1 | $10,000
of eligible investigation costs and for the first | ||||||
2 | $10,000 of eligible remedial
action costs incurred in | ||||||
3 | connection with the release from that drycleaning
| ||||||
4 | facility, and is only eligible for reimbursement for costs | ||||||
5 | that exceed
those amounts, subject to any other limitations | ||||||
6 | of this Act.
| ||||||
7 | (f) Claimants are subject to the following limitations on | ||||||
8 | reimbursement:
| ||||||
9 | (1) Subsequent to meeting the deductible requirements | ||||||
10 | of
subsection (e), and pursuant to the requirements of | ||||||
11 | Section 75,
reimbursement shall not exceed $300,000 per | ||||||
12 | active drycleaning facility and
$50,000 per inactive | ||||||
13 | 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 services | ||||||
20 | within this State and
has found that the goods or services | ||||||
21 | are necessary for the claimant to
comply with Council | ||||||
22 | standards or other applicable regulatory standards.
| ||||||
23 | (3) A claimant may appoint the Council as an agent for | ||||||
24 | the purposes of
negotiating contracts with suppliers of | ||||||
25 | goods or services
reimbursable by the Fund. The Council may | ||||||
26 | select another
contractor for goods or services other than |
| |||||||
| |||||||
1 | the one offered by the
claimant if the scope of the | ||||||
2 | proposed work or actual work of the
claimant's offered | ||||||
3 | contractor does not reflect the quality of workmanship
| ||||||
4 | required or if the costs are determined to be excessive, as | ||||||
5 | determined by the
Council.
| ||||||
6 | (4) The Council may require a claimant to obtain and | ||||||
7 | submit 3 bids
and may require specific terms and conditions | ||||||
8 | in a
contract subject to approval.
| ||||||
9 | (5) The Council may enter into a contract or an | ||||||
10 | exclusive contract with
the supplier of goods or services | ||||||
11 | required by a claimant or class of
claimants, in connection | ||||||
12 | with an expense reimbursable from the
Fund, for a specified | ||||||
13 | good or service at a gross maximum
price or fixed rate, and | ||||||
14 | may limit reimbursement accordingly.
| ||||||
15 | (6) Unless emergency conditions exist, a service | ||||||
16 | provider shall
obtain the Council's approval of the budget | ||||||
17 | for the remediation work
before commencing the work. No | ||||||
18 | expense incurred that is above the budgeted
amount shall be | ||||||
19 | paid unless the Council approves
the expense prior to its | ||||||
20 | being incurred. All invoices and bills relating to
the | ||||||
21 | remediation work shall be submitted with appropriate | ||||||
22 | documentation, as
deemed
necessary by the Council.
| ||||||
23 | (7) Neither the Council nor an eligible claimant is | ||||||
24 | responsible for
payment for
costs incurred that have not | ||||||
25 | been previously approved by the
Council, unless an | ||||||
26 | emergency exists.
|
| |||||||
| |||||||
1 | (8) The Council may determine the usual and customary | ||||||
2 | costs of each
item for which reimbursement may be awarded | ||||||
3 | under this Section.
The Council may revise the usual and | ||||||
4 | customary costs from time
to time as necessary, but costs | ||||||
5 | submitted for reimbursement shall
be subject to the rates | ||||||
6 | in effect at the time the costs were
incurred.
| ||||||
7 | (9) If a claimant has pollution liability insurance | ||||||
8 | coverage other than
coverage provided by the insurance | ||||||
9 | account under this Act,
that coverage shall be primary. | ||||||
10 | Reimbursement from the remedial
account shall be limited to | ||||||
11 | the deductible amounts under the primary
coverage and the
| ||||||
12 | amount that exceeds the policy limits of the primary | ||||||
13 | coverage,
subject to the deductible amounts of this Act. If | ||||||
14 | there is a
dispute between the claimant and the primary | ||||||
15 | insurance provider,
reimbursement from the remedial action | ||||||
16 | account may be made to the claimant
after the claimant
| ||||||
17 | assigns all of his or her interests in the insurance | ||||||
18 | coverage to the Council.
| ||||||
19 | (g) The source of funds for the remedial action account | ||||||
20 | shall be moneys
allocated to the account by the Council | ||||||
21 | according to the Fund budget
approved by the Council.
| ||||||
22 | (h) A drycleaning facility will be classified as active or | ||||||
23 | inactive for
purposes of
determining benefits under this | ||||||
24 | Section based on the status of the facility
on the date a claim | ||||||
25 | is filed.
| ||||||
26 | (i) Eligible claimants shall conduct remedial action in |
| |||||||
| |||||||
1 | accordance with
the
Site Remediation Program under the | ||||||
2 | Environmental Protection Act and Part 740 of
Title 35 of the | ||||||
3 | Illinois Administrative Code and the Tiered Approach to Cleanup
| ||||||
4 | Objectives under Part 742 of Title 35 of the Illinois | ||||||
5 | Administrative Code.
| ||||||
6 | (j) Effective January 1, 2012, an active drycleaning | ||||||
7 | facility that has previously received or is currently receiving | ||||||
8 | reimbursement for the costs of a remedial action, as defined in | ||||||
9 | this Act, shall maintain continuous financial assurance for | ||||||
10 | environmental liability coverage in the amount of at least | ||||||
11 | $500,000 until the earlier of (i) January 1, 2020 or (ii) the | ||||||
12 | date the Council determines the drycleaning facility is an | ||||||
13 | inactive drycleaning facility. Failure to comply with this | ||||||
14 | requirement will result in the revocation of the drycleaning | ||||||
15 | facility's existing license and in the inability of the | ||||||
16 | drycleaning facility to obtain or renew a license under Section | ||||||
17 | 60 of this Act. | ||||||
18 | (Source: P.A. 96-774, eff. 1-1-10; 97-377, eff. 1-1-12.)
| ||||||
19 | (Text of Section after amendment by P.A. 101-400 )
| ||||||
20 | Sec. 40. Remedial action account.
| ||||||
21 | (a) The remedial action account is established to provide | ||||||
22 | reimbursement to
eligible
claimants for
drycleaning solvent | ||||||
23 | investigation, remedial action planning, and
remedial action | ||||||
24 | activities for existing drycleaning solvent contamination
| ||||||
25 | discovered at their drycleaning facilities.
|
| |||||||
| |||||||
1 | (b) The following persons are eligible for reimbursement | ||||||
2 | from the remedial
action account:
| ||||||
3 | (1) In the case of a claimant who is the owner or | ||||||
4 | operator of an active
drycleaning
facility licensed under | ||||||
5 | this Act at the time of application for
remedial action | ||||||
6 | benefits afforded under
the Fund, the
claimant is only | ||||||
7 | eligible for reimbursement of remedial
action costs | ||||||
8 | incurred in connection with a release
from that drycleaning | ||||||
9 | facility,
subject to any other limitations under this Act.
| ||||||
10 | (2) In the case of a claimant who is the owner of an | ||||||
11 | inactive drycleaning
facility and
was the owner or operator | ||||||
12 | of the drycleaning facility when it was
an active | ||||||
13 | drycleaning facility, the claimant is only eligible for
| ||||||
14 | reimbursement of remedial action costs incurred in
| ||||||
15 | connection with a release from the drycleaning facility,
| ||||||
16 | subject to any other limitations under
this Act.
| ||||||
17 | (c) An eligible claimant requesting reimbursement from the | ||||||
18 | remedial action
account shall meet all of the following:
| ||||||
19 | (1) The claimant demonstrates that the source of the | ||||||
20 | release is from
the claimant's drycleaning facility.
| ||||||
21 | (2) At the time the release was discovered by the | ||||||
22 | claimant, the claimant
and the drycleaning facility were in | ||||||
23 | compliance with the Agency reporting
and technical | ||||||
24 | operating requirements.
| ||||||
25 | (3) The claimant reported the release in a timely | ||||||
26 | manner in accordance with State law.
|
| |||||||
| |||||||
1 | (4) The drycleaning facility site is enrolled in the | ||||||
2 | Site Remediation Program established under Title XVII of | ||||||
3 | the Environmental Protection Act.
| ||||||
4 | (5) If the claimant is the owner or operator of an | ||||||
5 | active drycleaning
facility, the claimant must ensure | ||||||
6 | that:
| ||||||
7 | (A) All drycleaning solvent wastes generated at | ||||||
8 | the drycleaning
facility are managed in accordance | ||||||
9 | with applicable State
waste management laws and rules.
| ||||||
10 | (B) There is no discharge of wastewater from | ||||||
11 | drycleaning
machines, or of drycleaning solvent from | ||||||
12 | drycleaning
operations, to a sanitary sewer or septic | ||||||
13 | tank or to the
surface or in groundwater.
| ||||||
14 | (C) The drycleaning facility has a containment | ||||||
15 | dike or other containment
structure around each | ||||||
16 | machine, item of equipment, drycleaning area, and | ||||||
17 | portable waste container in which
any
drycleaning | ||||||
18 | solvent is utilized, which is capable
of containing | ||||||
19 | leaks, spills, or releases of
drycleaning
solvent from | ||||||
20 | that machine, item, area, or container. The | ||||||
21 | containment
dike or other containment structure shall | ||||||
22 | be capable of at least the following:
(i) containing a | ||||||
23 | capacity of 110% of the drycleaning solvent in the | ||||||
24 | largest
tank or vessel within the machine; (ii) | ||||||
25 | containing 100% of the drycleaning
solvent of each item | ||||||
26 | of equipment or drycleaning area; and (iii) containing
|
| |||||||
| |||||||
1 | 100% of the drycleaning solvent of the largest portable | ||||||
2 | waste container or at
least 10% of the total volume of | ||||||
3 | the portable waste containers stored within
the | ||||||
4 | containment dike or structure, whichever is greater.
| ||||||
5 | Petroleum underground storage tank systems that | ||||||
6 | are in compliance
with USEPA and State Fire Marshal | ||||||
7 | rules, including, but not limited to, leak detection | ||||||
8 | system rules, are exempt from this secondary | ||||||
9 | containment requirement.
| ||||||
10 | (D) Those portions of
diked floor surfaces on which | ||||||
11 | a drycleaning
solvent may leak, spill, or otherwise be | ||||||
12 | released are sealed or otherwise impervious.
| ||||||
13 | (E) All drycleaning solvent is delivered
to | ||||||
14 | drycleaning facilities by means of closed, | ||||||
15 | direct-coupled
delivery systems.
| ||||||
16 | (6) An active drycleaning facility has maintained | ||||||
17 | continuous financial
assurance for environmental liability | ||||||
18 | coverage in the amount of at least
$500,000 at least since | ||||||
19 | the date of award of benefits under this Section
or July 1, | ||||||
20 | 2000, whichever is earlier.
An uninsured drycleaning | ||||||
21 | facility that
has filed an application for insurance with | ||||||
22 | the Fund by January 1, 2004,
obtained insurance through | ||||||
23 | that application, and maintained that insurance
coverage | ||||||
24 | continuously shall be considered to have conformed with the
| ||||||
25 | requirements of this subdivision (6). To conform with this | ||||||
26 | requirement the
applicant must pay the equivalent of the |
| |||||||
| |||||||
1 | total premiums due for the period
beginning June 30, 2000 | ||||||
2 | through the date of application plus a 20% penalty of
the | ||||||
3 | total premiums due for that period.
| ||||||
4 | (7) The release was discovered on or after July
1, 1997 | ||||||
5 | and before July 1, 2006.
| ||||||
6 | (d) A claimant must have submitted a completed application | ||||||
7 | form
provided by the Council. The application shall contain | ||||||
8 | documentation of
activities, plans, and expenditures | ||||||
9 | associated with the eligible costs
incurred in response to a | ||||||
10 | release of drycleaning solvent from a
drycleaning facility. | ||||||
11 | Application for remedial action account benefits must have been
| ||||||
12 | submitted to the Council on or before June 30, 2005.
| ||||||
13 | (e) Claimants shall be subject to the following deductible | ||||||
14 | requirements:
| ||||||
15 | (1) If, by January 1, 2008, an eligible claimant | ||||||
16 | submitting a claim for an active drycleaning facility | ||||||
17 | completed site investigation and submitted to the Council a | ||||||
18 | complete remedial action plan for the site, then the | ||||||
19 | eligible claimant is responsible for the first $5,000 of
| ||||||
20 | eligible investigation costs and for the first $10,000 of | ||||||
21 | eligible remedial
action costs incurred in connection with | ||||||
22 | the release from the drycleaning
facility and is only | ||||||
23 | eligible for reimbursement for costs that exceed
those | ||||||
24 | amounts, subject to any other limitations of this Act. Any | ||||||
25 | eligible claimant submitting any other claim for an active | ||||||
26 | drycleaning facility is responsible for the first $5,000 of |
| |||||||
| |||||||
1 | eligible investigation costs and for the first $15,000 of | ||||||
2 | eligible remedial action costs incurred in connection with | ||||||
3 | the release from the drycleaning facility, and is only | ||||||
4 | eligible for reimbursement for costs that exceed those | ||||||
5 | amounts, subject to any other limitations of this Act.
| ||||||
6 | (2) If, by January 1, 2008, an eligible claimant | ||||||
7 | submitting a claim for an inactive drycleaning facility | ||||||
8 | completed site investigation and submitted to the Council a | ||||||
9 | complete remedial action plan for the site, then the | ||||||
10 | claimant is responsible for the first $10,000
of eligible | ||||||
11 | investigation costs and for the first $10,000 of eligible | ||||||
12 | remedial
action costs incurred in connection with the | ||||||
13 | release from that drycleaning
facility, and is only | ||||||
14 | eligible for reimbursement for costs that exceed
those | ||||||
15 | amounts, subject to any other limitations of this Act. Any | ||||||
16 | eligible claimant submitting any other claim for an | ||||||
17 | inactive drycleaning facility is responsible for the first | ||||||
18 | $15,000 of eligible investigation costs and for the first | ||||||
19 | $15,000 of eligible remedial action costs incurred in | ||||||
20 | connection with the release from the drycleaning facility, | ||||||
21 | and is only eligible for reimbursement for costs that | ||||||
22 | exceed those amounts, subject to any other limitations of | ||||||
23 | this Act.
| ||||||
24 | (f) Claimants are subject to the following limitations on | ||||||
25 | reimbursement:
| ||||||
26 | (1) Subsequent to meeting the deductible requirements |
| |||||||
| |||||||
1 | of
subsection (e),
reimbursement shall not exceed $300,000 | ||||||
2 | per active drycleaning facility and
$50,000 per inactive | ||||||
3 | drycleaning facility.
| ||||||
4 | (2) (Blank).
| ||||||
5 | (3) (Blank).
| ||||||
6 | (4) The Agency may require a claimant to obtain and | ||||||
7 | submit 3 bids
and may require specific terms and conditions | ||||||
8 | in a
contract subject to approval.
| ||||||
9 | (5) The Agency may enter into a contract or an | ||||||
10 | exclusive contract with
the supplier of goods or services | ||||||
11 | required by a claimant or class of
claimants, in connection | ||||||
12 | with an expense reimbursable from the
Fund, for a specified | ||||||
13 | good or service at a gross maximum
price or fixed rate, and | ||||||
14 | may limit reimbursement accordingly.
| ||||||
15 | (6) Unless emergency conditions exist, a service | ||||||
16 | provider shall
obtain the Agency's approval of all | ||||||
17 | remediation work to be reimbursed from the Fund and a | ||||||
18 | budget for the remediation work
before commencing the work. | ||||||
19 | No expense incurred that is above the budgeted
amount shall | ||||||
20 | be paid unless the Agency approves
the expense. All | ||||||
21 | invoices and bills relating to
the remediation work shall | ||||||
22 | be submitted with appropriate documentation, as
deemed
| ||||||
23 | necessary by the Agency.
| ||||||
24 | (7) Neither the Council, nor the Agency, nor an | ||||||
25 | eligible claimant is responsible for
payment for
costs | ||||||
26 | incurred that have not been previously approved by the
|
| |||||||
| |||||||
1 | Council, or Agency, unless an emergency exists.
| ||||||
2 | (8) To be eligible for reimbursement from the Fund, | ||||||
3 | costs must be within the range of usual and customary rates | ||||||
4 | for similar or equivalent goods or services, incurred in | ||||||
5 | performance of remediation work approved by the Agency, and | ||||||
6 | necessary to respond to the release for which the claimant | ||||||
7 | is seeking
reimbursement from the Fund.
| ||||||
8 | (9) If a claimant has pollution liability insurance | ||||||
9 | coverage other than
coverage provided by the insurance | ||||||
10 | account under this Act,
that coverage shall be primary. | ||||||
11 | Reimbursement from the remedial
account shall be limited to | ||||||
12 | the deductible amounts under the primary
coverage and the
| ||||||
13 | amount that exceeds the policy limits of the primary | ||||||
14 | coverage,
subject to the deductible amounts established | ||||||
15 | pursuant to this Act.
| ||||||
16 | (f-5) Costs of corrective action or indemnification | ||||||
17 | incurred by a claimant which have been paid to a claimant under | ||||||
18 | a policy of insurance other than the insurance provided under | ||||||
19 | this Act, another written agreement, or a court order are not | ||||||
20 | eligible for reimbursement. A claimant who receives payment | ||||||
21 | under such a policy, written agreement, or court order shall | ||||||
22 | reimburse the State to the extent such payment covers costs for | ||||||
23 | which payment was received from the Fund. Any moneys received | ||||||
24 | by the State under this subsection shall be deposited into the | ||||||
25 | Fund. | ||||||
26 | (g) The source of funds for the remedial action account |
| |||||||
| |||||||
1 | shall be moneys
allocated to the account by the Agency.
| ||||||
2 | (h) A drycleaning facility will be classified as active or | ||||||
3 | inactive for
purposes of
determining benefits under this | ||||||
4 | Section based on the status of the facility
on the date a claim | ||||||
5 | is filed.
| ||||||
6 | (i) Eligible claimants shall conduct remedial action in | ||||||
7 | accordance with Title XVII of
the Environmental Protection Act | ||||||
8 | and rules adopted under that Act.
| ||||||
9 | (j) Effective January 1, 2012, the owner or operator of an | ||||||
10 | active drycleaning facility that has previously received or is | ||||||
11 | currently receiving reimbursement for the costs of a remedial | ||||||
12 | action, as defined in this Act, shall maintain continuous | ||||||
13 | financial assurance for environmental liability coverage in | ||||||
14 | the amount of at least $500,000 for that facility until January | ||||||
15 | 1, 2030. Failure to comply with this requirement will result in | ||||||
16 | the revocation of the drycleaning facility's existing license | ||||||
17 | and in the inability of the drycleaning facility to obtain or | ||||||
18 | renew a license under Section 60 of this Act. | ||||||
19 | (k) Owners Effective January 1, 2020, owners and operators | ||||||
20 | of inactive drycleaning facilities that are eligible for | ||||||
21 | reimbursement from the Fund on that date shall, through | ||||||
22 | calendar year 2029 until January 1, 2030 , pay an annual $3,000 | ||||||
23 | administrative assessment each calendar year to the Agency for | ||||||
24 | the facility. For calendar year 2020, the annual assessment | ||||||
25 | described in this subsection (k) is due on or before October 1, | ||||||
26 | 2020. For each subsequent calendar year, the annual assessment |
| |||||||
| |||||||
1 | described in this subsection (k) is due on or before February 1 | ||||||
2 | of the applicable calendar year. Administrative assessments | ||||||
3 | collected by the Agency under this subsection (k) shall be | ||||||
4 | deposited into the Fund. | ||||||
5 | (Source: P.A. 101-400, eff. 7-1-20.)
| ||||||
6 | (415 ILCS 135/60)
| ||||||
7 | (Text of Section before amendment by P.A. 101-400 )
| ||||||
8 | (Section scheduled to be repealed on January 1, 2020; | ||||||
9 | Public Act 101-400 contains language changing the repeal date | ||||||
10 | of this Section from January 1, 2020 to January 1, 2030, but | ||||||
11 | the repeal of this Section takes place before Public Act | ||||||
12 | 101-400 takes effect on July 1, 2020)
| ||||||
13 | Sec. 60. Drycleaning facility license.
| ||||||
14 | (a) On and after January 1, 1998, no person shall operate a | ||||||
15 | drycleaning
facility in this State without a license issued by | ||||||
16 | the Council.
| ||||||
17 | (b) The Council shall issue an initial or renewal license | ||||||
18 | to a drycleaning
facility on submission by an applicant of a | ||||||
19 | completed form prescribed by the
Council, proof of payment of | ||||||
20 | the required fee to the Department of Revenue, and, if the | ||||||
21 | drycleaning facility has previously received or is currently | ||||||
22 | receiving reimbursement for the costs of a remedial action, as | ||||||
23 | defined in this Act, proof of compliance with subsection (j) of | ||||||
24 | Section 40. Beginning January 1, 2013, license renewal | ||||||
25 | application forms must include a certification by the applicant |
| |||||||
| |||||||
1 | that all hazardous waste stored at the drycleaning facility is | ||||||
2 | stored in accordance with all applicable federal and state laws | ||||||
3 | and regulations, and that all hazardous waste transported from | ||||||
4 | the drycleaning facility is transported in accordance with all | ||||||
5 | applicable federal and state laws and regulations. Also, | ||||||
6 | beginning January 1, 2013, license renewal applications must | ||||||
7 | include copies of all manifests for hazardous waste transported | ||||||
8 | from the drycleaning facility during the previous 12 months or | ||||||
9 | since the last submission of copies of manifests, whichever is | ||||||
10 | longer. If the Council does not receive a copy of a manifest | ||||||
11 | for a drycleaning facility within a 3-year period, or within a | ||||||
12 | shorter period as determined by the Council, the Council shall | ||||||
13 | make appropriate inquiry into the management of hazardous waste | ||||||
14 | at the facility and may share the results of the inquiry with | ||||||
15 | the Agency.
| ||||||
16 | (c) On or after January 1, 2004, the annual fees for | ||||||
17 | licensure are as
follows:
| ||||||
18 | (1) $500 for a facility that uses (i) 50 gallons or
| ||||||
19 | less of
chlorine-based or green drycleaning solvents | ||||||
20 | annually, (ii) 250 or less
gallons annually of | ||||||
21 | hydrocarbon-based drycleaning solvents in a drycleaning
| ||||||
22 | machine equipped with a solvent reclaimer, or (iii) 500 | ||||||
23 | gallons
or less annually of hydrocarbon-based drycleaning | ||||||
24 | solvents in a
drycleaning machine without a solvent | ||||||
25 | reclaimer.
| ||||||
26 | (2) $500 for a facility that uses (i)
more than 50 |
| |||||||
| |||||||
1 | gallons but not more than 100
gallons of chlorine-based or | ||||||
2 | green drycleaning solvents annually, (ii)
more than 250 | ||||||
3 | gallons but not more 500 gallons annually of | ||||||
4 | hydrocarbon-based
solvents in
a drycleaning machine | ||||||
5 | equipped with a solvent reclaimer, or (iii) more
than 500 | ||||||
6 | gallons but not more than 1,000 gallons
annually of | ||||||
7 | hydrocarbon-based drycleaning solvents in a drycleaning
| ||||||
8 | machine without a solvent reclaimer.
| ||||||
9 | (3) $500 for a facility that uses (i) more than 100 | ||||||
10 | gallons but not more than 150 gallons of chlorine-based
or | ||||||
11 | green drycleaning solvents annually, (ii) more than 500 | ||||||
12 | gallons but
not more than 750 gallons annually of | ||||||
13 | hydrocarbon-based solvents in a
drycleaning machine | ||||||
14 | equipped with a solvent reclaimer, or (iii) more than
1,000
| ||||||
15 | gallons but not more than 1,500 gallons annually of
| ||||||
16 | hydrocarbon-based drycleaning solvents in a drycleaning | ||||||
17 | machine without a
solvent reclaimer.
| ||||||
18 | (4) $1,000 for a facility that uses (i) more than 150 | ||||||
19 | gallons but not
more than 200 gallons of chlorine-based or | ||||||
20 | green drycleaning solvents annually,
(ii) more than 750 | ||||||
21 | gallons but not more than 1,000 gallons annually of
| ||||||
22 | hydrocarbon-based solvents in a drycleaning machine | ||||||
23 | equipped with a solvent
reclaimer, or (iii) more than
1,500 | ||||||
24 | gallons but not more than 2,000 gallons annually of | ||||||
25 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
26 | machine without a solvent
reclaimer.
|
| |||||||
| |||||||
1 | (5) $1,000 for a facility that uses (i) more than 200 | ||||||
2 | gallons but not more
than 250 gallons of chlorine-based or | ||||||
3 | green drycleaning solvents annually, (ii)
more than 1,000 | ||||||
4 | gallons but not more than 1,250 gallons annually of
| ||||||
5 | hydrocarbon-based solvents in a drycleaning machine | ||||||
6 | equipped with a solvent
reclaimer, or (iii) more than
2,000 | ||||||
7 | gallons but not more than 2,500 gallons annually of | ||||||
8 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
9 | machine without a solvent
reclaimer.
| ||||||
10 | (6) $1,000 for a facility that uses (i) more than 250 | ||||||
11 | gallons but not
more than
300 gallons of chlorine-based or | ||||||
12 | green drycleaning solvents annually, (ii) more
than 1,250 | ||||||
13 | gallons but not more than 1,500 gallons annually of
| ||||||
14 | hydrocarbon-based solvents in a drycleaning machine | ||||||
15 | equipped with a solvent
reclaimer, or (iii) more than 2,500 | ||||||
16 | gallons but not more than 3,000 gallons
annually of | ||||||
17 | hydrocarbon-based drycleaning solvents in a drycleaning | ||||||
18 | machine
without
a solvent reclaimer.
| ||||||
19 | (7) $1,000 for a facility that uses (i) more than 300 | ||||||
20 | gallons but not more
than
350 gallons of chlorine-based or | ||||||
21 | green drycleaning solvents annually, (ii) more
than 1,500 | ||||||
22 | gallons but not more than 1,750 gallons annually of
| ||||||
23 | hydrocarbon-based
solvents in a drycleaning machine | ||||||
24 | equipped with a solvent reclaimer, or (iii)
more than 3,000 | ||||||
25 | gallons but not more than 3,500 gallons annually of
| ||||||
26 | hydrocarbon-based
drycleaning solvents in a drycleaning |
| |||||||
| |||||||
1 | machine without a solvent
reclaimer.
| ||||||
2 | (8) $1,500 for a facility that uses (i) more than 350 | ||||||
3 | gallons but not more
than
400 gallons of chlorine-based or | ||||||
4 | green drycleaning solvents annually, (ii) more
than 1,750 | ||||||
5 | gallons but not more than 2,000 gallons annually of
| ||||||
6 | hydrocarbon-based
solvents in a drycleaning machine | ||||||
7 | equipped with a solvent reclaimer, or (iii)
more than 3,500 | ||||||
8 | gallons but not more than 4,000 gallons annually of
| ||||||
9 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
10 | machine without a solvent
reclaimer.
| ||||||
11 | (9) $1,500 for a facility that uses (i) more than 400 | ||||||
12 | gallons but not more
than 450 gallons of chlorine-based or | ||||||
13 | green drycleaning solvents annually, (ii)
more than 2,000 | ||||||
14 | gallons but not more than 2,250 gallons annually of
| ||||||
15 | hydrocarbon-based
solvents in a drycleaning machine | ||||||
16 | equipped with a solvent reclaimer, or (iii)
more
than
4,000 | ||||||
17 | gallons but not more than 4,500 gallons annually of | ||||||
18 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
19 | machine without a solvent
reclaimer.
| ||||||
20 | (10) $1,500 for a facility that uses (i) more than 450 | ||||||
21 | gallons but not
more than 500
gallons of chlorine-based or | ||||||
22 | green drycleaning solvents annually, (ii) more
than
2,250 | ||||||
23 | gallons but not more than 2,500 gallons annually of | ||||||
24 | hydrocarbon-based
solvents used in a drycleaning machine | ||||||
25 | equipped with a solvent reclaimer, or
(iii) more
than 4,500 | ||||||
26 | gallons but not more than 5,000 gallons annually of
|
| |||||||
| |||||||
1 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
2 | machine without a solvent reclaimer.
| ||||||
3 | (11) $1,500 for a facility that uses (i) more than 500 | ||||||
4 | gallons but not
more than 550
gallons of chlorine-based or | ||||||
5 | green drycleaning solvents annually, (ii) more
than
2,500 | ||||||
6 | gallons but not more than 2,750 gallons annually of | ||||||
7 | hydrocarbon-based
solvents in a drycleaning machine | ||||||
8 | equipped with a solvent reclaimer, or (iii)
more than
5,000 | ||||||
9 | gallons but not more than 5,500 gallons annually of | ||||||
10 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
11 | machine without a solvent
reclaimer.
| ||||||
12 | (12) $1,500 for a facility that uses (i) more than 550 | ||||||
13 | gallons but not
more than 600
gallons of chlorine-based or | ||||||
14 | green drycleaning solvents annually, (ii) more
than 2,750 | ||||||
15 | gallons but not more than 3,000 gallons annually of
| ||||||
16 | hydrocarbon-based
solvents in a drycleaning machine | ||||||
17 | equipped with a solvent reclaimer, or (iii)
more than
5,500 | ||||||
18 | gallons but not more than 6,000 gallons annually of | ||||||
19 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
20 | machine without a solvent
reclaimer.
| ||||||
21 | (13) $1,500 for a facility that uses (i) more than 600 | ||||||
22 | gallons of
chlorine-based or green drycleaning solvents | ||||||
23 | annually, (ii) more than 3,000
gallons but not more than | ||||||
24 | 3,250 gallons annually of hydrocarbon-based solvents
in a | ||||||
25 | drycleaning
machine equipped with a solvent reclaimer, or | ||||||
26 | (iii) more than 6,000 gallons of
hydrocarbon-based |
| |||||||
| |||||||
1 | drycleaning solvents annually in a drycleaning machine
| ||||||
2 | equipped without a solvent reclaimer.
| ||||||
3 | (14) $1,500 for a facility that uses more than 3,250 | ||||||
4 | gallons but not more
than 3,500 gallons annually of | ||||||
5 | hydrocarbon-based solvents in a drycleaning
machine | ||||||
6 | equipped with a solvent reclaimer.
| ||||||
7 | (15) $1,500 for a facility that uses more than 3,500 | ||||||
8 | gallons but not more
than 3,750 gallons annually of | ||||||
9 | hydrocarbon-based solvents used in a drycleaning
machine | ||||||
10 | equipped with a solvent reclaimer.
| ||||||
11 | (16) $1,500 for a facility that uses more than 3,750 | ||||||
12 | gallons but not more
than 4,000 gallons annually of | ||||||
13 | hydrocarbon-based solvents in a drycleaning
machine | ||||||
14 | equipped with a solvent reclaimer.
| ||||||
15 | (17) $1,500 for a facility that uses more than 4,000 | ||||||
16 | gallons annually of
hydrocarbon-based solvents in a | ||||||
17 | drycleaning machine equipped with a solvent
reclaimer.
| ||||||
18 | For purpose of this subsection, the quantity of drycleaning | ||||||
19 | solvents
used annually shall be determined as follows:
| ||||||
20 | (1) in the case of an initial applicant, the quantity | ||||||
21 | of drycleaning
solvents that the applicant estimates will | ||||||
22 | be used during his or her initial
license year. A fee | ||||||
23 | assessed under this subdivision is subject to audited
| ||||||
24 | adjustment for that year; or
| ||||||
25 | (2) in the case of a renewal applicant, the quantity of | ||||||
26 | drycleaning
solvents actually purchased in the preceding |
| |||||||
| |||||||
1 | license year.
| ||||||
2 | The Council may adjust licensing fees annually based on the | ||||||
3 | published
Consumer Price Index - All Urban Consumers ("CPI-U") | ||||||
4 | or as otherwise determined
by the Council.
| ||||||
5 | (d) A license issued under this Section shall expire one | ||||||
6 | year after the date
of issuance and may be renewed on | ||||||
7 | reapplication to the Council and submission
of proof of payment | ||||||
8 | of the appropriate fee to the Department of Revenue in
| ||||||
9 | accordance with subsections (c) and (e). At least 30 days | ||||||
10 | before payment of a
renewal licensing fee is due, the Council | ||||||
11 | shall attempt to:
| ||||||
12 | (1) notify the operator of each licensed drycleaning
| ||||||
13 | facility concerning the requirements of this Section;
and
| ||||||
14 | (2) submit a license fee payment form to the licensed
| ||||||
15 | operator of each drycleaning facility.
| ||||||
16 | (e) An operator of a drycleaning facility shall submit the | ||||||
17 | appropriate
application form provided by the Council with the | ||||||
18 | license fee in the form of
cash, credit card, business check, | ||||||
19 | or guaranteed remittance to the Department of Revenue.
The | ||||||
20 | Department may accept payment of the license fee under this | ||||||
21 | Section by credit card only if the Department is not required | ||||||
22 | to pay a discount fee charged by the credit card issuer. The | ||||||
23 | license fee payment form and the actual license fee payment | ||||||
24 | shall be
administered by the Department of Revenue under rules | ||||||
25 | adopted by that
Department.
| ||||||
26 | (f) The Department of Revenue shall issue a proof of |
| |||||||
| |||||||
1 | payment receipt to
each operator of a drycleaning facility who | ||||||
2 | has paid the appropriate fee in
cash or by guaranteed | ||||||
3 | remittance, credit card, or business check. However, the | ||||||
4 | Department of Revenue shall not
issue a proof of payment | ||||||
5 | receipt to a drycleaning facility that is liable to
the | ||||||
6 | Department of Revenue for a tax imposed under this Act. The | ||||||
7 | original
receipt shall be presented to the Council by the | ||||||
8 | operator of a drycleaning
facility.
| ||||||
9 | (g) (Blank).
| ||||||
10 | (h) The Council and the Department of Revenue may adopt | ||||||
11 | rules as necessary
to administer the licensing
requirements of | ||||||
12 | this Act.
| ||||||
13 | (Source: P.A. 96-774, eff. 1-1-10; 97-332, eff. 8-12-11; | ||||||
14 | 97-377, eff. 1-1-12; 97-663, eff. 1-13-12; 97-813, eff. | ||||||
15 | 7-13-12; 97-1057, eff. 1-1-13.)
| ||||||
16 | (Text of Section after amendment by P.A. 101-400 )
| ||||||
17 | (Section scheduled to be repealed on January 1, 2020; | ||||||
18 | Public Act 101-400 contains language changing the repeal date | ||||||
19 | of this Section from January 1, 2020 to January 1, 2030, but | ||||||
20 | the repeal of this Section takes place before Public Act | ||||||
21 | 101-400 takes effect on July 1, 2020))
| ||||||
22 | Sec. 60. Drycleaning facility license.
| ||||||
23 | (a) No person shall operate a drycleaning
facility in this | ||||||
24 | State without a license issued by the Council or Agency. Until | ||||||
25 | July 1, 2020, the license required under this subsection shall |
| |||||||
| |||||||
1 | be issued by the Council. On and after July 1, 2020, the | ||||||
2 | license required under this subsection shall be issued by the | ||||||
3 | Agency.
| ||||||
4 | (b) Beginning July 1, 2020, an initial or renewal license | ||||||
5 | shall be issued to a drycleaning
facility on submission by an | ||||||
6 | applicant of a completed form prescribed by the Agency and
| ||||||
7 | proof of payment of the required fee to the Department of | ||||||
8 | Revenue, and, if the drycleaning facility has previously | ||||||
9 | received or is currently receiving reimbursement for the costs | ||||||
10 | of a remedial action, as defined in this Act, proof of | ||||||
11 | compliance with subsection (j) of Section 40. The Agency shall | ||||||
12 | make available on its website an electronic copy of the | ||||||
13 | required license and license renewal applications. License | ||||||
14 | renewal application forms must include a certification by the | ||||||
15 | applicant: | ||||||
16 | (1) that all hazardous waste stored at the drycleaning | ||||||
17 | facility is stored in accordance with all applicable | ||||||
18 | federal and state laws and regulations; | ||||||
19 | (2) that all hazardous waste transported from the | ||||||
20 | drycleaning facility is transported in accordance with all | ||||||
21 | applicable federal and state laws and regulations; and | ||||||
22 | (3) that the applicant has successfully completed all | ||||||
23 | continuing education requirements adopted by the Board | ||||||
24 | pursuant to Section 12 of this the Drycleaner Environmental | ||||||
25 | Response Trust Fund Act.
| ||||||
26 | (c) The annual fees for licensure are as
follows:
|
| |||||||
| |||||||
1 | (1) $1,500 for a facility that uses (i) 50 gallons or
| ||||||
2 | less of
chlorine-based or green drycleaning solvents | ||||||
3 | annually, (ii) 250 or less
gallons annually of | ||||||
4 | hydrocarbon-based drycleaning solvents in a drycleaning
| ||||||
5 | machine equipped with a solvent reclaimer, or (iii) 500 | ||||||
6 | gallons
or less annually of hydrocarbon-based drycleaning | ||||||
7 | solvents in a
drycleaning machine without a solvent | ||||||
8 | reclaimer.
| ||||||
9 | (2) $2,250 for a facility that uses (i)
more than 50 | ||||||
10 | gallons but not more than 100
gallons of chlorine-based or | ||||||
11 | green drycleaning solvents annually, (ii)
more than 250 | ||||||
12 | gallons but not more 500 gallons annually of | ||||||
13 | hydrocarbon-based
solvents in
a drycleaning machine | ||||||
14 | equipped with a solvent reclaimer, or (iii) more
than 500 | ||||||
15 | gallons but not more than 1,000 gallons
annually of | ||||||
16 | hydrocarbon-based drycleaning solvents in a drycleaning
| ||||||
17 | machine without a solvent reclaimer.
| ||||||
18 | (3) $3,000 for a facility that uses (i) more than 100 | ||||||
19 | gallons but not more than 150 gallons of chlorine-based
or | ||||||
20 | green drycleaning solvents annually, (ii) more than 500 | ||||||
21 | gallons but
not more than 750 gallons annually of | ||||||
22 | hydrocarbon-based solvents in a
drycleaning machine | ||||||
23 | equipped with a solvent reclaimer, or (iii) more than
1,000
| ||||||
24 | gallons but not more than 1,500 gallons annually of
| ||||||
25 | hydrocarbon-based drycleaning solvents in a drycleaning | ||||||
26 | machine without a
solvent reclaimer.
|
| |||||||
| |||||||
1 | (4) $3,750 for a facility that uses (i) more than 150 | ||||||
2 | gallons but not
more than 200 gallons of chlorine-based or | ||||||
3 | green drycleaning solvents annually,
(ii) more than 750 | ||||||
4 | gallons but not more than 1,000 gallons annually of
| ||||||
5 | hydrocarbon-based solvents in a drycleaning machine | ||||||
6 | equipped with a solvent
reclaimer, or (iii) more than
1,500 | ||||||
7 | gallons but not more than 2,000 gallons annually of | ||||||
8 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
9 | machine without a solvent
reclaimer.
| ||||||
10 | (5) $4,500 for a facility that uses (i) more than 200 | ||||||
11 | gallons but not more
than 250 gallons of chlorine-based or | ||||||
12 | green drycleaning solvents annually, (ii)
more than 1,000 | ||||||
13 | gallons but not more than 1,250 gallons annually of
| ||||||
14 | hydrocarbon-based solvents in a drycleaning machine | ||||||
15 | equipped with a solvent
reclaimer, or (iii) more than
2,000 | ||||||
16 | gallons but not more than 2,500 gallons annually of | ||||||
17 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
18 | machine without a solvent
reclaimer.
| ||||||
19 | (6) $5,000 for a facility that uses (i) more than 250 | ||||||
20 | gallons but not
more than
300 gallons of chlorine-based or | ||||||
21 | green drycleaning solvents annually, (ii) more
than 1,250 | ||||||
22 | gallons but not more than 1,500 gallons annually of
| ||||||
23 | hydrocarbon-based solvents in a drycleaning machine | ||||||
24 | equipped with a solvent
reclaimer, or (iii) more than 2,500 | ||||||
25 | gallons but not more than 3,000 gallons
annually of | ||||||
26 | hydrocarbon-based drycleaning solvents in a drycleaning |
| |||||||
| |||||||
1 | machine
without
a solvent reclaimer.
| ||||||
2 | (7) $5,000 for a facility that uses (i) more than 300 | ||||||
3 | gallons but not more
than
350 gallons of chlorine-based or | ||||||
4 | green drycleaning solvents annually, (ii) more
than 1,500 | ||||||
5 | gallons but not more than 1,750 gallons annually of
| ||||||
6 | hydrocarbon-based
solvents in a drycleaning machine | ||||||
7 | equipped with a solvent reclaimer, or (iii)
more than 3,000 | ||||||
8 | gallons but not more than 3,500 gallons annually of
| ||||||
9 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
10 | machine without a solvent
reclaimer.
| ||||||
11 | (8) $5,000 for a facility that uses (i) more than 350 | ||||||
12 | gallons but not more
than
400 gallons of chlorine-based or | ||||||
13 | green drycleaning solvents annually, (ii) more
than 1,750 | ||||||
14 | gallons but not more than 2,000 gallons annually of
| ||||||
15 | hydrocarbon-based
solvents in a drycleaning machine | ||||||
16 | equipped with a solvent reclaimer, or (iii)
more than 3,500 | ||||||
17 | gallons but not more than 4,000 gallons annually of
| ||||||
18 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
19 | machine without a solvent
reclaimer.
| ||||||
20 | (9) $5,000 for a facility that uses (i) more than 400 | ||||||
21 | gallons but not more
than 450 gallons of chlorine-based or | ||||||
22 | green drycleaning solvents annually, (ii)
more than 2,000 | ||||||
23 | gallons but not more than 2,250 gallons annually of
| ||||||
24 | hydrocarbon-based
solvents in a drycleaning machine | ||||||
25 | equipped with a solvent reclaimer, or (iii)
more
than
4,000 | ||||||
26 | gallons but not more than 4,500 gallons annually of |
| |||||||
| |||||||
1 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
2 | machine without a solvent
reclaimer.
| ||||||
3 | (10) $5,000 for a facility that uses (i) more than 450 | ||||||
4 | gallons but not
more than 500
gallons of chlorine-based or | ||||||
5 | green drycleaning solvents annually, (ii) more
than
2,250 | ||||||
6 | gallons but not more than 2,500 gallons annually of | ||||||
7 | hydrocarbon-based
solvents used in a drycleaning machine | ||||||
8 | equipped with a solvent reclaimer, or
(iii) more
than 4,500 | ||||||
9 | gallons but not more than 5,000 gallons annually of
| ||||||
10 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
11 | machine without a solvent reclaimer.
| ||||||
12 | (11) $5,000 for a facility that uses (i) more than 500 | ||||||
13 | gallons but not
more than 550
gallons of chlorine-based or | ||||||
14 | green drycleaning solvents annually, (ii) more
than
2,500 | ||||||
15 | gallons but not more than 2,750 gallons annually of | ||||||
16 | hydrocarbon-based
solvents in a drycleaning machine | ||||||
17 | equipped with a solvent reclaimer, or (iii)
more than
5,000 | ||||||
18 | gallons but not more than 5,500 gallons annually of | ||||||
19 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
20 | machine without a solvent
reclaimer.
| ||||||
21 | (12) $5,000 for a facility that uses (i) more than 550 | ||||||
22 | gallons but not
more than 600
gallons of chlorine-based or | ||||||
23 | green drycleaning solvents annually, (ii) more
than 2,750 | ||||||
24 | gallons but not more than 3,000 gallons annually of
| ||||||
25 | hydrocarbon-based
solvents in a drycleaning machine | ||||||
26 | equipped with a solvent reclaimer, or (iii)
more than
5,500 |
| |||||||
| |||||||
1 | gallons but not more than 6,000 gallons annually of | ||||||
2 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
3 | machine without a solvent
reclaimer.
| ||||||
4 | (13) $5,000 for a facility that uses (i) more than 600 | ||||||
5 | gallons of
chlorine-based or green drycleaning solvents | ||||||
6 | annually, (ii) more than 3,000
gallons but not more than | ||||||
7 | 3,250 gallons annually of hydrocarbon-based solvents
in a | ||||||
8 | drycleaning
machine equipped with a solvent reclaimer, or | ||||||
9 | (iii) more than 6,000 gallons of
hydrocarbon-based | ||||||
10 | drycleaning solvents annually in a drycleaning machine
| ||||||
11 | equipped without a solvent reclaimer.
| ||||||
12 | (14) $5,000 for a facility that uses more than 3,250 | ||||||
13 | gallons but not more
than 3,500 gallons annually of | ||||||
14 | hydrocarbon-based solvents in a drycleaning
machine | ||||||
15 | equipped with a solvent reclaimer.
| ||||||
16 | (15) $5,000 for a facility that uses more than 3,500 | ||||||
17 | gallons but not more
than 3,750 gallons annually of | ||||||
18 | hydrocarbon-based solvents used in a drycleaning
machine | ||||||
19 | equipped with a solvent reclaimer.
| ||||||
20 | (16) $5,000 for a facility that uses more than 3,750 | ||||||
21 | gallons but not more
than 4,000 gallons annually of | ||||||
22 | hydrocarbon-based solvents in a drycleaning
machine | ||||||
23 | equipped with a solvent reclaimer.
| ||||||
24 | (17) $5,000 for a facility that uses more than 4,000 | ||||||
25 | gallons annually of
hydrocarbon-based solvents in a | ||||||
26 | drycleaning machine equipped with a solvent
reclaimer.
|
| |||||||
| |||||||
1 | For purpose of this subsection, the quantity of drycleaning | ||||||
2 | solvents
used annually shall be determined as follows:
| ||||||
3 | (1) in the case of an initial applicant, the quantity | ||||||
4 | of drycleaning
solvents that the applicant estimates will | ||||||
5 | be used during his or her initial
license year. A fee | ||||||
6 | assessed under this subdivision is subject to audited
| ||||||
7 | adjustment for that year; or
| ||||||
8 | (2) in the case of a renewal applicant, the quantity of | ||||||
9 | drycleaning
solvents actually purchased in the preceding | ||||||
10 | license year.
| ||||||
11 | (d) A license issued under this Section shall expire one | ||||||
12 | year after the date
of issuance and may be renewed on | ||||||
13 | reapplication to the Agency Council and submission
of proof of | ||||||
14 | payment of the appropriate fee to the Department of Revenue in
| ||||||
15 | accordance with subsections (c) and (e).
| ||||||
16 | (e) An operator of a drycleaning facility shall submit the | ||||||
17 | appropriate
application form provided by the Agency with the | ||||||
18 | license fee in the form of
cash, credit card, business check, | ||||||
19 | or guaranteed remittance to the Department of Revenue.
The | ||||||
20 | Department may accept payment of the license fee under this | ||||||
21 | Section by credit card only if the Department is not required | ||||||
22 | to pay a discount fee charged by the credit card issuer. The | ||||||
23 | license fee payment form and the actual license fee payment | ||||||
24 | shall be
administered by the Department of Revenue under rules | ||||||
25 | adopted by that
Department.
| ||||||
26 | (f) The Department of Revenue shall issue a proof of |
| |||||||
| |||||||
1 | payment receipt to
each operator of a drycleaning facility who | ||||||
2 | has paid the appropriate fee in
cash or by guaranteed | ||||||
3 | remittance, credit card, or business check. However, the | ||||||
4 | Department of Revenue shall not
issue a proof of payment | ||||||
5 | receipt to a drycleaning facility that is liable to
the | ||||||
6 | Department of Revenue for a tax imposed under this Act. The | ||||||
7 | original
receipt shall be presented to the Agency Council by | ||||||
8 | the operator of a drycleaning
facility.
| ||||||
9 | (g) (Blank).
| ||||||
10 | (h) The Board and the Department of Revenue may adopt rules | ||||||
11 | as necessary
to administer the licensing
requirements of this | ||||||
12 | Act.
| ||||||
13 | (Source: P.A. 101-400, eff. 7-1-20.)
| ||||||
14 | Section 99. Effective date. This Act takes effect December | ||||||
15 | 31, 2019, except that Section 15 takes effect on July 1, 2020. |