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1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Section 22.57 as follows:
 
6    (415 ILCS 5/22.57)
7    Sec. 22.57. Perchloroethylene in drycleaning.
8    (a) For the purposes of this Section:
9    "Drycleaning" means the process of cleaning clothing,
10garments, textiles, fabrics, leather goods, or other like
11articles using a nonaqueous solvent.
12    "Drycleaning machine" means any machine, device, or other
13equipment used in drycleaning.
14    "Drycleaning solvents" means solvents used in drycleaning.
15    "Perchloroethylene drycleaning machine" means a
16drycleaning machine that uses perchloroethylene.
17    "Primary control system" means a refrigerated condenser or
18an equivalent closed-loop vapor recovery system that reduces
19the concentration of perchloroethylene in the recirculating
20air of a perchloroethylene drycleaning machine.
21    "Refrigerated condenser" means a closed-loop vapor
22recovery system into which perchloroethylene vapors are
23introduced and trapped by cooling below the dew point of the

 

 

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1perchloroethylene.
2    "Secondary control system" means a device or apparatus that
3reduces the concentration of perchloroethylene in the
4recirculating air of a perchloroethylene drycleaning machine
5at the end of the drying cycle beyond the level achievable with
6a refrigerated condenser alone.
7    (b) Beginning January 1, 2013:
8        (1) Perchloroethylene drycleaning machines in
9    operation on the effective date of this Section that have a
10    primary control system but not a secondary control system
11    can continue to be used until the end of their useful life,
12    provided that perchloroethylene drycleaning machines that
13    do not have a secondary control system cannot be operated
14    at a facility other than the facility at which they were
15    located on the effective date of this Section.
16        (2) Except as allowed under paragraph (1) of subsection
17    (b) of this Section, no person shall install or operate a
18    perchloroethylene drycleaning machine unless the machine
19    has a primary control system and a secondary control
20    system.
21    (c) No Beginning January 1, 2014, no person shall operate a
22drycleaning machine unless all of the following are met:
23        (1) During the operation of any perchloroethylene
24    drycleaning machine, a person who has successfully
25    completed all continuing education requirements adopted by
26    the Board pursuant to Section 12 of the Drycleaner

 

 

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1    Environmental Response Trust Fund Act with the following
2    training is present at the facility where the machine is
3    located. :
4            (A) Successful completion of an initial
5        environmental training course that is approved by the
6        Dry Cleaner Environmental Response Trust Fund Council,
7        in consultation with the Agency and representatives of
8        the drycleaning industry, as providing appropriate
9        training on drycleaning best management practices,
10        including, but not limited to, reducing solvent air
11        emissions, reducing solvent spills and leaks,
12        protecting groundwater, and promoting the efficient
13        use of solvents.
14            (B) Once every 4 years after completion of the
15        initial environmental training course, successful
16        completion of a refresher environmental training
17        course that is approved by the Dry Cleaner
18        Environmental Response Trust Fund Council, in
19        consultation with the Agency and representatives of
20        the drycleaning industry, as providing (i) appropriate
21        review and updates on drycleaning best management
22        practices, including, but not limited to, reducing
23        solvent air emissions, reducing solvent spills and
24        leaks, protecting groundwater, and promoting the
25        efficient use of solvents, and (ii) information on
26        drycleaning solvents, technologies, and alternatives

 

 

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1        that do not utilize perchloroethylene.
2        (2) For drycleaning facilities where one or more
3    perchloroethylene drycleaning machines are used, proof of
4    successful completion of all the training required by the
5    Board pursuant to Section 12 of the Drycleaner
6    Environmental Response Trust Fund Act under paragraph (1)
7    of subsection (c) of this Section is maintained at the
8    drycleaning facility. Proof of successful completion of
9    the training must be made available for inspection and
10    copying by the Agency or units of local government during
11    normal business hours. Training used to satisfy paragraph
12    (3) (2) of subsection (b) (d) of Section 60 45 of the
13    Drycleaner Environmental Response Trust Fund Act may also
14    be used to satisfy training requirements under paragraph
15    (1) of subsection (c) of this Section to the extent that
16    the training it meets the requirements of the Board rules
17    paragraph (1) of subsection (c) of this Section.
18        (3) All of the following secondary containment
19    measures are in place:
20            (A) There is a containment dike or other
21        containment structure around each machine, item of
22        equipment, drycleaning area, and portable waste
23        container in which any drycleaning solvent is
24        utilized, which shall be capable of containing leaks,
25        spills, or releases of drycleaning solvent from that
26        machine, item, area, or container. The containment

 

 

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1        dike or other containment structure shall be capable of
2        at least the following: (i) containing a capacity of
3        110% of the drycleaning solvent in the largest tank or
4        vessel within the machine; (ii) containing 100% of the
5        drycleaning solvent of each item of equipment or
6        drycleaning area; and (iii) containing 100% of the
7        drycleaning solvent of the largest portable waste
8        container or at least 10% of the total volume of the
9        portable waste containers stored within the
10        containment dike or structure, whichever is greater.
11        Petroleum underground storage tank systems that are
12        upgraded in accordance with USEPA upgrade standards
13        pursuant to 40 CFR Part 280 for the tanks and related
14        piping systems and use a leak detection system approved
15        by the USEPA or the Agency are exempt from this
16        subparagraph (A).
17            (B) Those portions of diked floor surfaces on which
18        a drycleaning solvent may leak, spill, or otherwise be
19        released have been sealed or otherwise rendered
20        impervious.
21            (C) All chlorine-based drycleaning solvent is
22        delivered to the drycleaning facility by means of
23        closed, direct-coupled delivery systems. The Dry
24        Cleaner Environmental Response Trust Fund Council may
25        adopt rules specifying methods of delivery of solvents
26        other than chlorine-based solvents to drycleaning

 

 

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1        facilities. Solvents other than chlorine-based
2        solvents must be delivered to drycleaning facilities
3        in accordance with rules adopted by the Dry Cleaner
4        Environmental Response Trust Fund Council.
5    (d) (Blank). Manufacturers of drycleaning solvents or
6other cleaning agents used as alternatives to
7perchloroethylene drycleaning that are sold or offered for sale
8in Illinois must, in accordance with Agency rules, provide to
9the Agency sufficient information to allow the Agency to
10determine whether the drycleaning solvents or cleaning agents
11may pose negative impacts to human health or the environment.
12These alternatives shall include, but are not limited to,
13drycleaning solvents or other cleaning agents used in
14solvent-based cleaning, carbon-dioxide based cleaning, and
15professional wet cleaning methods. The information shall
16include, but is not limited to, information regarding the
17physical and chemical properties of the drycleaning solvents or
18cleaning agents and toxicity data. No later than July 1, 2015,
19the Agency shall adopt in accordance with the Illinois
20Administrative Procedure Act rules specifying the information
21that manufacturers must submit under this subsection (d). The
22rules must include, but shall not be limited to, a deadline for
23submission of the information to the Agency. No later than July
241, 2018, the Agency shall post information resulting from its
25review of the drycleaning solvents and cleaning agents on the
26Agency's website.

 

 

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1    (e) (Blank). No later than January 1, 2016, the Agency
2shall submit to the General Assembly a report on the impact to
3groundwater from newly discovered releases of
4perchloroethylene from any source in this State. Depending on
5the nature and scope of any releases that have impacted
6groundwater, the report may include, but shall not be limited
7to, recommendations for reducing or eliminating impacts to
8groundwater from future releases.
9(Source: P.A. 97-1057, eff. 1-1-13.)
 
10    Section 10. The Drycleaner Environmental Response Trust
11Fund Act is amended by changing Sections 5, 10, 25, 40, 50, 55,
1260, 65, and 69, and by adding Sections 69.5 and 77 as follows:
 
13    (415 ILCS 135/5)
14    Sec. 5. Definitions. As used in this Act:
15    (a) "Active drycleaning facility" means a drycleaning
16facility actively engaged in drycleaning operations and
17licensed under Section 60 of this Act.
18    (b) "Agency" means the Illinois Environmental Protection
19Agency.
20    "Board" means the Illinois Pollution Control Board.
21    (c) "Claimant" means an owner or operator of a drycleaning
22facility who has applied for reimbursement from the remedial
23account or who has submitted a claim under the insurance
24account with respect to a release.

 

 

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1    (d) "Council" means the Drycleaner Environmental Response
2Trust Fund Council.
3    (e) "Drycleaner Environmental Response Trust Fund" or
4"Fund" means the fund created under Section 10 of this Act.
5    (f) "Drycleaning facility" means a facility located in this
6State that is or has been engaged in drycleaning operations for
7the general public, other than a:
8        (1) a facility located on a United States military
9    base;
10        (2) an industrial laundry, commercial laundry, or
11    linen supply facility;
12        (3) a prison or other penal institution that engages in
13    drycleaning only as part of a Correctional Industries
14    program to provide drycleaning to persons who are
15    incarcerated in a prison or penal institution or to
16    resident patients of a State-operated mental health
17    facility;
18        (4) a not-for-profit hospital or other health care
19    facility; or a
20        (5) a facility located or formerly located on federal
21    or State property.
22    (g) "Drycleaning operations" means drycleaning of apparel
23and household fabrics for the general public, as described in
24Standard Industrial Classification Industry No. 7215 and No.
257216 in the Standard Industrial Classification Manual (SIC) by
26the Technical Committee on Industrial Classification.

 

 

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1    (h) "Drycleaning solvent" means any and all nonaqueous
2solvents, including but not limited to a chlorine-based or
3petroleum-based formulation or product, including green
4solvents, that are used as a primary cleaning agent in
5drycleaning operations.
6    (i) "Emergency" or "emergency action" means a situation or
7an immediate response to a situation to protect public health
8or safety. "Emergency" or "emergency action" does not mean
9removal of contaminated soils, recovery of free product, or
10financial hardship. An "emergency" or "emergency action" would
11normally be expected to be directly related to a sudden event
12or discovery and would last until the threat to public health
13is mitigated.
14    (j) "Groundwater" means underground water that occurs
15within the saturated zone and geologic materials where the
16fluid pressure in the pore space is equal to or greater than
17the atmospheric pressure.
18    (k) "Inactive drycleaning facility" means a drycleaning
19facility that is not being used for drycleaning operations and
20is not registered under this Act.
21    (l) "Maintaining a place of business in this State" or any
22like term means (1) having or maintaining within this State,
23directly or through a subsidiary, an office, distribution
24facility, distribution house, sales house, warehouse, or other
25place of business or (2) operating within this State as an
26agent or representative for a person or a person's subsidiary

 

 

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1engaged in the business of selling to persons within this
2State, irrespective of whether the place of business or agent
3or other representative is located in this State permanently or
4temporary, or whether the person or the person's subsidiary
5engages in the business of selling in this State.
6    (m) "No Further Remediation Letter" means a letter provided
7by the Agency pursuant to Section 58.10 of Title XVII of the
8Environmental Protection Act.
9    (n) "Operator" means a person or entity holding a business
10license to operate a licensed drycleaning facility or the
11business operation of which the drycleaning facility is a part.
12    (o) "Owner" means (1) a person who owns or has possession
13or control of a drycleaning facility at the time a release is
14discovered, regardless of whether the facility remains in
15operation or (2) a parent corporation of the person under item
16(1) of this subdivision.
17    (p) "Parent corporation" means a business entity or other
18business arrangement that has elements of common ownership or
19control or that uses a long-term contractual arrangement with a
20person to avoid direct responsibility for conditions at a
21drycleaning facility.
22    (q) "Person" means an individual, trust, firm, joint stock
23company, corporation, consortium, joint venture, or other
24commercial entity.
25    (r) "Program year" means the period beginning on July 1 and
26ending on the following June 30.

 

 

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1    (s) "Release" means any spilling, leaking, emitting,
2discharging, escaping, leaching, or dispersing of drycleaning
3solvents from a drycleaning facility to groundwater, surface
4water, or subsurface soils.
5    (t) "Remedial action" means activities taken to comply with
6Title XVII Sections 58.6 and 58.7 of the Environmental
7Protection Act and rules adopted by the Pollution Control Board
8to administer that Title under those Sections.
9    (u) "Responsible party" means an owner, operator, or other
10person financially responsible for costs of remediation of a
11release of drycleaning solvents from a drycleaning facility.
12    (v) "Service provider" means a consultant, testing
13laboratory, monitoring well installer, soil boring contractor,
14other contractor, lender, or any other person who provides a
15product or service for which a claim for reimbursement has been
16or will be filed against the Fund remedial account or insurance
17account, or a subcontractor of such a person.
18    (w) "Virgin facility" means a drycleaning facility that has
19never had chlorine-based or petroleum-based drycleaning
20solvents stored or used at the property prior to it becoming a
21green solvent drycleaning facility.
22(Source: P.A. 93-201, eff. 1-1-04.)
 
23    (415 ILCS 135/10)
24    Sec. 10. Drycleaner Environmental Response Trust Fund.
25    (a) The Drycleaner Environmental Response Trust Fund is

 

 

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1created as a special fund in the State Treasury. Moneys
2deposited into the Fund shall be used by the Agency solely for
3the purposes of the Council and for other purposes as provided
4in this Act. The Fund shall include moneys credited to the Fund
5under this Act and other moneys that by law may be credited to
6the Fund. The State Treasurer may invest moneys Funds deposited
7into the Fund at the direction of the Council. Interest, income
8from the investments, and other income earned by the Fund shall
9be credited to and deposited into the Fund.
10    Pursuant to appropriation, all moneys in the Drycleaner
11Environmental Response Trust Fund shall be disbursed by the
12Agency to the Council for the purpose of making disbursements,
13if any, in accordance with this Act and for the purpose of
14paying the ordinary and contingent expenses of the Council.
15After June 30, 1999, pursuant to appropriation, all moneys in
16the Drycleaner Environmental Response Trust Fund may be used by
17the Council for the purpose of making disbursements, if any, in
18accordance with this Act and for the purpose of paying the
19ordinary and contingent expenses of the Council.
20    The Fund may be divided into different accounts with
21different depositories to fulfill the purposes of the Act as
22determined by the Council.
23    Moneys in the Fund at the end of a State fiscal year shall
24be carried forward to the next fiscal year and shall not revert
25to the General Revenue Fund.
26    (b) The specific purposes of the Fund include, but are not

 

 

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1limited to, the following:
2        (1) To establish an account to fund remedial action of
3    drycleaning solvent releases from drycleaning facilities
4    as provided by Section 40.
5        (2) To establish an insurance account for insuring
6    environmental risks from releases from drycleaning
7    facilities within this State as provided by Section 45.
8    (c) The State, the General Revenue Fund, and any other Fund
9of the State, other than the Drycleaner Environmental Response
10Trust Fund, shall not be liable for a claim or cause of action
11in connection with a drycleaning facility not owned or operated
12by the State or an agency of the State. All expenses incurred
13by the Fund shall be payable solely from the Fund and no
14liability or obligation shall be imposed upon the State. The
15State is not liable for a claim presented against the Fund.
16    (d) The liability of the Fund is limited to the extent of
17coverage provided by the account under which a claim is
18submitted, subject to the terms and conditions of that
19coverage. The liability of the Fund is further limited by the
20moneys made available to the Fund, and no remedy shall be
21ordered that would require the Fund to exceed its then current
22funding limitations to satisfy an award or which would restrict
23the availability of moneys for higher priority sites.
24    (e) Nothing in this Act shall be construed to limit,
25restrict, or affect the authority and powers of the Agency or
26another State agency or statute unless the State agency or

 

 

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1statute is specifically referenced and the limitation is
2clearly set forth in this Act.
3    (f) During each fiscal year, the Agency shall limit its
4administration of the Fund to no more $600,000 in
5administrative expenses. The limitation in this subsection (f)
6does not apply to costs incurred by the Agency in:
7        (1) reviewing remedial action under Title XVII of the
8    Environmental Protection Act; or
9        (2) performing investigative or remedial actions.
10(Source: P.A. 90-502, eff. 8-19-97; 91-453, eff. 8-6-99.)
 
11    (415 ILCS 135/25)
12    Sec. 25. Powers and duties of the Agency Council.
13    (a) The Agency Council shall have all of the general powers
14reasonably necessary and convenient to carry out its purposes
15and may perform the following functions, subject to any express
16limitations contained in this Act, including, but not limited
17to, the power to:
18        (1) Take actions and enter into agreements necessary
19    to:
20            (A) reimburse claimants for eligible remedial
21        action expenses; , assist the Agency
22            (B) to protect the environment from releases for
23        which claimants are eligible for reimbursement under
24        this Act by, among other things, performing
25        investigative, remedial, or other appropriate actions

 

 

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1        in response to those releases; and
2            (C) reduce costs associated with remedial actions.
3        , and establish and implement an insurance program.
4        (2) Acquire and hold personal property to be used for
5    the purpose of remedial action.
6        (3) (Blank). Purchase, construct, improve, furnish,
7    equip, lease, option, sell, exchange, or otherwise dispose
8    of one or more improvements under the terms it determines.
9    The Council may define "improvements" by rule for purposes
10    of this Act.
11        (4) (Blank). Grant a lien, pledge, assignment, or other
12    encumbrance on one or more revenues, assets of right,
13    accounts, or funds established or received in connection
14    with the Fund, including revenues derived from fees or
15    taxes collected under this Act.
16        (5) (Blank). Contract for the acquisition or
17    construction of one or more improvements or parts of one or
18    more improvements or for the leasing, subleasing, sale, or
19    other disposition of one or more improvements in a manner
20    the Council determines.
21        (6) (Blank). Cooperate with the Agency in the
22    implementation and administration of this Act to minimize
23    unnecessary duplication of effort, reporting, or paperwork
24    and to maximize environmental protection within the
25    funding limits of this Act.
26        (7) Except as otherwise provided by law, inspect any

 

 

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1    document in the possession of an owner, operator, service
2    provider, or any other person if the document is relevant
3    to a claim for reimbursement under this Section or may
4    inspect a drycleaning facility for which a claim for
5    benefits under this Act has been submitted.
6    (b) (Blank). The Council shall pre-approve, and the
7contracting parties shall seek pre-approval for, a contract
8entered into under this Act if the cost of the contract exceeds
9$75,000. The Council or its designee shall review and approve
10or disapprove all contracts entered into under this Act.
11However, review by the Council or its designee shall not be
12required when an emergency situation exists. All contracts
13entered into by the Council shall be awarded on a competitive
14basis to the maximum extent practical. In those situations
15where it is determined that bidding is not practical, the basis
16for the determination of impracticability shall be documented
17by the Council or its designee.
18    (c) The Agency shall, in accordance with Board rules,
19Council may prioritize the expenditure of funds from the
20remedial action account whenever it determines that there are
21not sufficient funds to settle all current claims. In
22prioritizing, the Agency shall Council may consider, among
23other things, 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

 

 

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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) whether the claimant is currently licensed,
6    insured, and has paid all fees and premiums due under this
7    Act; and
8        (5) (4) other factors as determined by the Board
9    Council.
10    (d) The Board may Council shall adopt rules allowing the
11direct payment from the Fund to a contractor who performs
12remediation. The rules concerning the direct payment shall
13include a provision that any applicable deductible must be paid
14by the drycleaning facility prior to any direct payment from
15the Fund.
16    (e) (Blank). The Council may purchase reinsurance coverage
17to reduce the Fund's potential liability for reimbursement of
18remedial action costs.
19    (f) The Agency may, in accordance with constitutional
20limitations, enter at all reasonable times upon any private or
21public property for the purpose of inspecting and investigating
22to ascertain possible violations of this Act, any rule adopted
23under this Act, or any order entered pursuant to this Act.
24    (g) If the Agency becomes aware of a violation of this Act
25or any rule adopted under this Act, it may refer the matter to
26the Attorney General for enforcement.

 

 

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1    (h) In calendar years 2021 and 2022 and as deemed necessary
2by the Director of the Agency thereafter, the Agency shall
3prepare a report on the status of the Fund and convene a public
4meeting for purposes of disseminating the information in the
5report and accepting questions from members of the public on
6its contents. The reports prepared by the Agency under this
7subsection shall, at a minimum, describe the current financial
8status of the Fund, identify administrative expenses incurred
9by the Agency in its administration of the Fund, identify
10amounts from the Fund that have been applied toward remedial
11action and insurance claims under the Act, and list the
12drycleaning facilities in the State eligible for reimbursement
13from the Fund that have completed remedial action. The Agency
14shall make available on its website an electronic copy of the
15reports required under this subsection.
16(Source: P.A. 93-201, eff. 1-1-04.)
 
17    (415 ILCS 135/40)
18    Sec. 40. Remedial action account.
19    (a) The remedial action account is established to provide
20reimbursement to eligible claimants for drycleaning solvent
21investigation, remedial action planning, and remedial action
22activities for existing drycleaning solvent contamination
23discovered at their drycleaning facilities.
24    (b) The following persons are eligible for reimbursement
25from the remedial action account:

 

 

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1        (1) In the case of claimant who is the owner or
2    operator of an active drycleaning facility licensed by the
3    Council under this Act at the time of application for
4    remedial action benefits afforded under the Fund, the
5    claimant is only eligible for reimbursement of remedial
6    action costs incurred in connection with a release from
7    that drycleaning facility, subject to any other
8    limitations under this Act.
9        (2) In the case of a claimant who is the owner of an
10    inactive drycleaning facility and was the owner or operator
11    of the drycleaning facility when it was an active
12    drycleaning facility, the claimant is only eligible for
13    reimbursement of remedial action costs incurred in
14    connection with a release from the drycleaning facility,
15    subject to any other limitations under this Act.
16    (c) An eligible claimant requesting reimbursement from the
17remedial action account shall meet all of the following:
18        (1) The claimant demonstrates that the source of the
19    release is from the claimant's drycleaning facility.
20        (2) At the time the release was discovered by the
21    claimant, the claimant and the drycleaning facility were in
22    compliance with the Agency reporting and technical
23    operating requirements.
24        (3) The claimant reported the release in a timely
25    manner to the Agency in accordance with State law.
26        (4) The drycleaning facility site is enrolled in the

 

 

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1    Site Remediation Program established under Title XVII of
2    the Environmental Protection Act. (Blank).
3        (5) If the claimant is the owner or operator of an
4    active drycleaning facility, the claimant must ensure that
5    has provided to the Council proof of implementation and
6    maintenance of the following pollution prevention
7    measures:
8            (A) All That all drycleaning solvent wastes
9        generated at the a drycleaning facility are be managed
10        in accordance with applicable State waste management
11        laws and rules.
12            (B) There is no A prohibition on the discharge of
13        wastewater from drycleaning machines, or of
14        drycleaning solvent from drycleaning operations, to a
15        sanitary sewer or septic tank or to the surface or in
16        groundwater.
17            (C) The That every drycleaning facility has : (I)
18        install a containment dike or other containment
19        structure around each machine, item of equipment,
20        drycleaning area, and portable waste container in
21        which any drycleaning solvent is utilized, which is
22        shall be capable of containing leaks, spills, or
23        releases of drycleaning solvent from that machine,
24        item, area, or container. The containment dike or other
25        containment structure shall be capable of at least the
26        following: (i) containing a capacity of 110% of the

 

 

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1        drycleaning solvent in the largest tank or vessel
2        within the machine; (ii) containing 100% of the
3        drycleaning solvent of each item of equipment or
4        drycleaning area; and (iii) containing 100% of the
5        drycleaning solvent of the largest portable waste
6        container or at least 10% of the total volume of the
7        portable waste containers stored within the
8        containment dike or structure, whichever is greater.
9            Petroleum underground storage tank systems that
10        are upgraded in compliance accordance with USEPA and
11        State Fire Marshal rules, including, but not limited
12        to, leak detection system rules, upgrade standards
13        pursuant to 40 CFR Part 280 for the tanks and related
14        piping systems and use a leak detection system approved
15        by the USEPA or IEPA are exempt from this secondary
16        containment requirement. ; and
17            (D) Those (II) seal or otherwise render impervious
18        those portions of diked floor surfaces on which a
19        drycleaning solvent may leak, spill, or otherwise be
20        released are sealed or otherwise impervious.
21            (E) All (D) A requirement that all drycleaning
22        solvent is shall be delivered to drycleaning
23        facilities by means of closed, direct-coupled delivery
24        systems.
25        (6) An active drycleaning facility has maintained
26    continuous financial assurance for environmental liability

 

 

SB0171 Engrossed- 22 -LRB101 07423 CPF 52465 b

1    coverage in the amount of at least $500,000 at least since
2    the date of award of benefits under this Section or July 1,
3    2000, whichever is earlier. An uninsured drycleaning
4    facility that has filed an application for insurance with
5    the Fund by January 1, 2004, obtained insurance through
6    that application, and maintained that insurance coverage
7    continuously shall be considered to have conformed with the
8    requirements of this subdivision (6). To conform with this
9    requirement the applicant must pay the equivalent of the
10    total premiums due for the period beginning June 30, 2000
11    through the date of application plus a 20% penalty of the
12    total premiums due for that period.
13        (7) The release was discovered on or after July 1, 1997
14    and before July 1, 2006.
15    (d) A claimant must have submitted shall submit a completed
16application form provided by the Council. The application shall
17contain documentation of activities, plans, and expenditures
18associated with the eligible costs incurred in response to a
19release of drycleaning solvent from a drycleaning facility.
20Application for remedial action account benefits must have been
21be submitted to the Council on or before June 30, 2005.
22    (e) Claimants shall be subject to the following deductible
23requirements, unless modified pursuant to the Council's
24authority under Section 75:
25        (1) If, by January 1, 2008, an eligible claimant
26    submitting a claim for an active drycleaning facility

 

 

SB0171 Engrossed- 23 -LRB101 07423 CPF 52465 b

1    completed site investigation and submitted to the Council a
2    complete remedial action plan for the site, then the An
3    eligible claimant submitting a claim for an active
4    drycleaning facility is responsible for the first $5,000 of
5    eligible investigation costs and for the first $10,000 of
6    eligible remedial action costs incurred in connection with
7    the release from the drycleaning facility and is only
8    eligible for reimbursement for costs that exceed those
9    amounts, subject to any other limitations of this Act. Any
10    eligible claimant submitting any other claim for an active
11    drycleaning facility is responsible for the first $5,000 of
12    eligible investigation costs and for the first $15,000 of
13    eligible remedial action costs incurred in connection with
14    the release from the drycleaning facility, and is only
15    eligible for reimbursement for costs that exceed those
16    amounts, subject to any other limitations of this Act.
17        (2) If, by January 1, 2008, an eligible claimant
18    submitting a claim for an inactive drycleaning facility
19    completed site investigation and submitted to the Council a
20    complete remedial action plan for the site, then the An
21    eligible claimant submitting a claim for an inactive
22    drycleaning facility is responsible for the first $10,000
23    of eligible investigation costs and for the first $10,000
24    of eligible remedial action costs incurred in connection
25    with the release from that drycleaning facility, and is
26    only eligible for reimbursement for costs that exceed those

 

 

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1    amounts, subject to any other limitations of this Act. Any
2    eligible claimant submitting any other claim for an
3    inactive drycleaning facility is responsible for the first
4    $15,000 of eligible investigation costs and for the first
5    $15,000 of eligible remedial action costs incurred in
6    connection with the release from the drycleaning facility,
7    and is only eligible for reimbursement for costs that
8    exceed those amounts, subject to any other limitations of
9    this Act.
10    (f) Claimants are subject to the following limitations on
11reimbursement:
12        (1) Subsequent to meeting the deductible requirements
13    of subsection (e), and pursuant to the requirements of
14    Section 75, reimbursement shall not exceed $300,000 per
15    active drycleaning facility and $50,000 per inactive
16    drycleaning facility.
17        (2) (Blank). A contract in which one of the parties to
18    the contract is a claimant, for goods or services that may
19    be payable or reimbursable from the Council, is void and
20    unenforceable unless and until the Council has found that
21    the contract terms are within the range of usual and
22    customary rates for similar or equivalent goods or services
23    within this State and has found that the goods or services
24    are necessary for the claimant to comply with Council
25    standards or other applicable regulatory standards.
26        (3) (Blank). A claimant may appoint the Council as an

 

 

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1    agent for the purposes of negotiating contracts with
2    suppliers of goods or services reimbursable by the Fund.
3    The Council may select another contractor for goods or
4    services other than the one offered by the claimant if the
5    scope of the proposed work or actual work of the claimant's
6    offered contractor does not reflect the quality of
7    workmanship required or if the costs are determined to be
8    excessive, as determined by the Council.
9        (4) The Agency Council may require a claimant to obtain
10    and submit 3 bids and may require specific terms and
11    conditions in a contract subject to approval.
12        (5) The Agency Council may enter into a contract or an
13    exclusive contract with the supplier of goods or services
14    required by a claimant or class of claimants, in connection
15    with an expense reimbursable from the Fund, for a specified
16    good or service at a gross maximum price or fixed rate, and
17    may limit reimbursement accordingly.
18        (6) Unless emergency conditions exist, a service
19    provider shall obtain the Agency's Council's approval of
20    all remediation work to be reimbursed from the Fund and a
21    the budget for the remediation work before commencing the
22    work. No expense incurred that is above the budgeted amount
23    shall be paid unless the Agency Council approves the
24    expense prior to its being incurred. All invoices and bills
25    relating to the remediation work shall be submitted with
26    appropriate documentation, as deemed necessary by the

 

 

SB0171 Engrossed- 26 -LRB101 07423 CPF 52465 b

1    Agency Council.
2        (7) Neither the Council, nor the Agency, nor an
3    eligible claimant is responsible for payment for costs
4    incurred that have not been previously approved by the
5    Council, or Agency, unless an emergency exists.
6        (8) To be eligible for reimbursement from the Fund,
7    costs must be within the range of usual and customary rates
8    for similar or equivalent goods or services, incurred in
9    performance of remediation work approved by the Agency, and
10    necessary to respond to the release for which the claimant
11    is seeking reimbursement from the Fund. The Council may
12    determine the usual and customary costs of each item for
13    which reimbursement may be awarded under this Section. The
14    Council may revise the usual and customary costs from time
15    to time as necessary, but costs submitted for reimbursement
16    shall be subject to the rates in effect at the time the
17    costs were incurred.
18        (9) If a claimant has pollution liability insurance
19    coverage other than coverage provided by the insurance
20    account under this Act, that coverage shall be primary.
21    Reimbursement from the remedial account shall be limited to
22    the deductible amounts under the primary coverage and the
23    amount that exceeds the policy limits of the primary
24    coverage, subject to the deductible amounts established
25    pursuant to of this Act. If there is a dispute between the
26    claimant and the primary insurance provider, reimbursement

 

 

SB0171 Engrossed- 27 -LRB101 07423 CPF 52465 b

1    from the remedial action account may be made to the
2    claimant after the claimant assigns all of his or her
3    interests in the insurance coverage to the Council.
4    (f-5) Costs of corrective action or indemnification
5incurred by a claimant which have been paid to a claimant under
6a policy of insurance other than the insurance provided under
7this Act, another written agreement, or a court order are not
8eligible for reimbursement. A claimant who receives payment
9under such a policy, written agreement, or court order shall
10reimburse the State to the extent such payment covers costs for
11which payment was received from the Fund. Any moneys received
12by the State under this subsection shall be deposited into the
13Fund.
14    (g) The source of funds for the remedial action account
15shall be moneys allocated to the account by the Agency Council
16according to the Fund budget approved by the Council.
17    (h) A drycleaning facility will be classified as active or
18inactive for purposes of determining benefits under this
19Section based on the status of the facility on the date a claim
20is filed.
21    (i) Eligible claimants shall conduct remedial action in
22accordance with Title XVII of the Site Remediation Program
23under the Environmental Protection Act and rules adopted under
24that Act. Part 740 of Title 35 of the Illinois Administrative
25Code and the Tiered Approach to Cleanup Objectives under Part
26742 of Title 35 of the Illinois Administrative Code.

 

 

SB0171 Engrossed- 28 -LRB101 07423 CPF 52465 b

1    (j) Effective January 1, 2012, the owner or operator of an
2active drycleaning facility that has previously received or is
3currently receiving reimbursement for the costs of a remedial
4action, as defined in this Act, shall maintain continuous
5financial assurance for environmental liability coverage in
6the amount of at least $500,000 for that facility until the
7earlier of (i) January 1, 2030 2020 or (ii) the date the
8Council determines the drycleaning facility is an inactive
9drycleaning facility. Failure to comply with this requirement
10will result in the revocation of the drycleaning facility's
11existing license and in the inability of the drycleaning
12facility to obtain or renew a license under Section 60 of this
13Act.
14    (k) Effective January 1, 2020, owners and operators of
15inactive drycleaning facilities that are eligible for
16reimbursement from the Fund on that date shall, until January
171, 2030, pay an annual $3,000 administrative assessment to the
18Agency for the facility. Administrative assessments collected
19by the Agency under this subsection (k) shall be deposited into
20the Fund.
21(Source: P.A. 96-774, eff. 1-1-10; 97-377, eff. 1-1-12.)
 
22    (415 ILCS 135/50)
23    Sec. 50. Cost recovery; enforcement.
24    (a) The Agency Council may seek recovery from a potentially
25responsible party liable for a release that is the subject of a

 

 

SB0171 Engrossed- 29 -LRB101 07423 CPF 52465 b

1remedial action and for which the Fund has expended moneys for
2remedial action. The amount of recovery sought by the Agency
3Council shall be equal to all moneys expended by the Fund for
4and in connection with the remediation, including, but not
5limited to, reasonable attorney's attorneys fees and costs of
6litigation expended by the Fund in connection with the release.
7    (b) Except as provided in subsections (c) and (d):
8        (1) The Agency Council shall not seek recovery for
9    expenses in connection with remedial action for a release
10    from a claimant eligible for reimbursement except for any
11    unpaid portion of the deductible.
12        (2) A claimant's liability for a release for which
13    coverage is admitted under the insurance account shall not
14    exceed the amount of the deductible, subject to the limits
15    of insurance coverage.
16    (c) Notwithstanding subsection (b), the liability of a
17claimant to the Fund shall be the total costs of remedial
18action incurred by the Fund, as specified in subsection (a), if
19the claimant has not complied with the Environmental Protection
20Act, and its rules or with this Act, or and its rules adopted
21under either Act.
22    (d) Notwithstanding subsection (b), the liability of a
23claimant to the Fund shall be the total costs of remedial
24action incurred by the Fund, as specified in subsection (a), if
25the claimant received reimbursement from the Fund through
26misrepresentation or fraud, and the claimant shall be liable

 

 

SB0171 Engrossed- 30 -LRB101 07423 CPF 52465 b

1for the amount of the reimbursement.
2    (e) Upon reimbursement by the Fund for remedial action
3under this Act, the rights of the claimant to recover payment
4from a potentially responsible party are assumed by the Agency
5Council to the extent the remedial action was paid by the Fund.
6A claimant is precluded from receiving double compensation for
7the same injury. A claimant may elect to permit the Agency
8Council to pursue the claimant's cause of action for an injury
9not compensated by the Fund against a potentially responsible
10party, provided the Attorney General or his or her designee
11determines the representation would not be a conflict of
12interest.
13    (f) This Section does not preclude, limit, or in any way
14affect any of the provisions of or causes of action pursuant to
15Section 22.2 of the Environmental Protection Act.
16    (g) Any cost recovery action commenced before July 1, 2020,
17by the Council, pursuant to this Section, may be prosecuted or
18continued by the Attorney General on and after that date.
19    (h) All costs recovered under this Section shall be
20deposited into the Fund.
21(Source: P.A. 90-502, eff. 8-19-97.)
 
22    (415 ILCS 135/55)
23    Sec. 55. Limitation on actions; admissions.
24    (a) An award or reimbursement made from the Fund by the
25Council under this Act shall be the claimant's exclusive method

 

 

SB0171 Engrossed- 31 -LRB101 07423 CPF 52465 b

1for the recovery of the costs of drycleaning facility
2remediation.
3    (b) If a person conducts a remedial action activity for a
4release at a drycleaning facility site, whether or not the
5person files a claim under this Act, the claim and remedial
6action activity conducted are not evidence of liability or an
7admission of liability for any potential or actual
8environmental pollution or damage.
9(Source: P.A. 90-502, eff. 8-19-97.)
 
10    (415 ILCS 135/60)
11    (Section scheduled to be repealed on January 1, 2020)
12    Sec. 60. Drycleaning facility license.
13    (a) No On and after January 1, 1998, no person shall
14operate a drycleaning facility in this State without a license
15issued by the Council or Agency. Until July 1, 2020, the
16license required under this subsection shall be issued by the
17Council. On and after July 1, 2020, the license required under
18this subsection shall be issued by the Agency.
19    (b) Beginning July 1, 2020, The Council shall issue an
20initial or renewal license shall be issued to a drycleaning
21facility on submission by an applicant of a completed form
22prescribed by the Agency and Council, proof of payment of the
23required fee to the Department of Revenue, and, if the
24drycleaning facility has previously received or is currently
25receiving reimbursement for the costs of a remedial action, as

 

 

SB0171 Engrossed- 32 -LRB101 07423 CPF 52465 b

1defined in this Act, proof of compliance with subsection (j) of
2Section 40. The Agency shall make available on its website an
3electronic copy of the required license and license renewal
4applications. License Beginning January 1, 2013, license
5renewal application forms must include a certification by the
6applicant:
7        (1) that all hazardous waste stored at the drycleaning
8    facility is stored in accordance with all applicable
9    federal and state laws and regulations; , and
10        (2) that all hazardous waste transported from the
11    drycleaning facility is transported in accordance with all
12    applicable federal and state laws and regulations; and
13         (3) that the applicant has successfully completed all
14    continuing education requirements adopted by the Board
15    pursuant to Section 12 of the Drycleaner Environmental
16    Response Trust Fund Act. Also, beginning January 1, 2013,
17    license renewal applications must include copies of all
18    manifests for hazardous waste transported from the
19    drycleaning facility during the previous 12 months or since
20    the last submission of copies of manifests, whichever is
21    longer. If the Council does not receive a copy of a
22    manifest for a drycleaning facility within a 3-year period,
23    or within a shorter period as determined by the Council,
24    the Council shall make appropriate inquiry into the
25    management of hazardous waste at the facility and may share
26    the results of the inquiry with the Agency.

 

 

SB0171 Engrossed- 33 -LRB101 07423 CPF 52465 b

1    (c) The On or after January 1, 2004, the annual fees for
2licensure are as follows:
3        (1) $1,500 $500 for a facility that uses (i) 50 gallons
4    or less of chlorine-based or green drycleaning solvents
5    annually, (ii) 250 or less gallons annually of
6    hydrocarbon-based drycleaning solvents in a drycleaning
7    machine equipped with a solvent reclaimer, or (iii) 500
8    gallons or less annually of hydrocarbon-based drycleaning
9    solvents in a drycleaning machine without a solvent
10    reclaimer.
11        (2) $2,250 $500 for a facility that uses (i) more than
12    50 gallons but not more than 100 gallons of chlorine-based
13    or green drycleaning solvents annually, (ii) more than 250
14    gallons but not more 500 gallons annually of
15    hydrocarbon-based solvents in a drycleaning machine
16    equipped with a solvent reclaimer, or (iii) more than 500
17    gallons but not more than 1,000 gallons annually of
18    hydrocarbon-based drycleaning solvents in a drycleaning
19    machine without a solvent reclaimer.
20        (3) $3,000 $500 for a facility that uses (i) more than
21    100 gallons but not more than 150 gallons of chlorine-based
22    or green drycleaning solvents annually, (ii) more than 500
23    gallons but not more than 750 gallons annually of
24    hydrocarbon-based solvents in a drycleaning machine
25    equipped with a solvent reclaimer, or (iii) more than 1,000
26    gallons but not more than 1,500 gallons annually of

 

 

SB0171 Engrossed- 34 -LRB101 07423 CPF 52465 b

1    hydrocarbon-based drycleaning solvents in a drycleaning
2    machine without a solvent reclaimer.
3        (4) $3,750 $1,000 for a facility that uses (i) more
4    than 150 gallons but not more than 200 gallons of
5    chlorine-based or green drycleaning solvents annually,
6    (ii) more than 750 gallons but not more than 1,000 gallons
7    annually of hydrocarbon-based solvents in a drycleaning
8    machine equipped with a solvent reclaimer, or (iii) more
9    than 1,500 gallons but not more than 2,000 gallons annually
10    of hydrocarbon-based drycleaning solvents in a drycleaning
11    machine without a solvent reclaimer.
12        (5) $4,500 $1,000 for a facility that uses (i) more
13    than 200 gallons but not more than 250 gallons of
14    chlorine-based or green drycleaning solvents annually,
15    (ii) more than 1,000 gallons but not more than 1,250
16    gallons annually of hydrocarbon-based solvents in a
17    drycleaning machine equipped with a solvent reclaimer, or
18    (iii) more than 2,000 gallons but not more than 2,500
19    gallons annually of hydrocarbon-based drycleaning solvents
20    in a drycleaning machine without a solvent reclaimer.
21        (6) $5,000 $1,000 for a facility that uses (i) more
22    than 250 gallons but not more than 300 gallons of
23    chlorine-based or green drycleaning solvents annually,
24    (ii) more than 1,250 gallons but not more than 1,500
25    gallons annually of hydrocarbon-based solvents in a
26    drycleaning machine equipped with a solvent reclaimer, or

 

 

SB0171 Engrossed- 35 -LRB101 07423 CPF 52465 b

1    (iii) more than 2,500 gallons but not more than 3,000
2    gallons annually of hydrocarbon-based drycleaning solvents
3    in a drycleaning machine without a solvent reclaimer.
4        (7) $5,000 $1,000 for a facility that uses (i) more
5    than 300 gallons but not more than 350 gallons of
6    chlorine-based or green drycleaning solvents annually,
7    (ii) more than 1,500 gallons but not more than 1,750
8    gallons annually of hydrocarbon-based solvents in a
9    drycleaning machine equipped with a solvent reclaimer, or
10    (iii) more than 3,000 gallons but not more than 3,500
11    gallons annually of hydrocarbon-based drycleaning solvents
12    in a drycleaning machine without a solvent reclaimer.
13        (8) $5,000 $1,500 for a facility that uses (i) more
14    than 350 gallons but not more than 400 gallons of
15    chlorine-based or green drycleaning solvents annually,
16    (ii) more than 1,750 gallons but not more than 2,000
17    gallons annually of hydrocarbon-based solvents in a
18    drycleaning machine equipped with a solvent reclaimer, or
19    (iii) more than 3,500 gallons but not more than 4,000
20    gallons annually of hydrocarbon-based drycleaning solvents
21    in a drycleaning machine without a solvent reclaimer.
22        (9) $5,000 $1,500 for a facility that uses (i) more
23    than 400 gallons but not more than 450 gallons of
24    chlorine-based or green drycleaning solvents annually,
25    (ii) more than 2,000 gallons but not more than 2,250
26    gallons annually of hydrocarbon-based solvents in a

 

 

SB0171 Engrossed- 36 -LRB101 07423 CPF 52465 b

1    drycleaning machine equipped with a solvent reclaimer, or
2    (iii) more than 4,000 gallons but not more than 4,500
3    gallons annually of hydrocarbon-based drycleaning solvents
4    in a drycleaning machine without a solvent reclaimer.
5        (10) $5,000 $1,500 for a facility that uses (i) more
6    than 450 gallons but not more than 500 gallons of
7    chlorine-based or green drycleaning solvents annually,
8    (ii) more than 2,250 gallons but not more than 2,500
9    gallons annually of hydrocarbon-based solvents used in a
10    drycleaning machine equipped with a solvent reclaimer, or
11    (iii) more than 4,500 gallons but not more than 5,000
12    gallons annually of hydrocarbon-based drycleaning solvents
13    in a drycleaning machine without a solvent reclaimer.
14        (11) $5,000 $1,500 for a facility that uses (i) more
15    than 500 gallons but not more than 550 gallons of
16    chlorine-based or green drycleaning solvents annually,
17    (ii) more than 2,500 gallons but not more than 2,750
18    gallons annually of hydrocarbon-based solvents in a
19    drycleaning machine equipped with a solvent reclaimer, or
20    (iii) more than 5,000 gallons but not more than 5,500
21    gallons annually of hydrocarbon-based drycleaning solvents
22    in a drycleaning machine without a solvent reclaimer.
23        (12) $5,000 $1,500 for a facility that uses (i) more
24    than 550 gallons but not more than 600 gallons of
25    chlorine-based or green drycleaning solvents annually,
26    (ii) more than 2,750 gallons but not more than 3,000

 

 

SB0171 Engrossed- 37 -LRB101 07423 CPF 52465 b

1    gallons annually of hydrocarbon-based solvents in a
2    drycleaning machine equipped with a solvent reclaimer, or
3    (iii) more than 5,500 gallons but not more than 6,000
4    gallons annually of hydrocarbon-based drycleaning solvents
5    in a drycleaning machine without a solvent reclaimer.
6        (13) $5,000 $1,500 for a facility that uses (i) more
7    than 600 gallons of chlorine-based or green drycleaning
8    solvents annually, (ii) more than 3,000 gallons but not
9    more than 3,250 gallons annually of hydrocarbon-based
10    solvents in a drycleaning machine equipped with a solvent
11    reclaimer, or (iii) more than 6,000 gallons of
12    hydrocarbon-based drycleaning solvents annually in a
13    drycleaning machine equipped without a solvent reclaimer.
14        (14) $5,000 $1,500 for a facility that uses more than
15    3,250 gallons but not more than 3,500 gallons annually of
16    hydrocarbon-based solvents in a drycleaning machine
17    equipped with a solvent reclaimer.
18        (15) $5,000 $1,500 for a facility that uses more than
19    3,500 gallons but not more than 3,750 gallons annually of
20    hydrocarbon-based solvents used in a drycleaning machine
21    equipped with a solvent reclaimer.
22        (16) $5,000 $1,500 for a facility that uses more than
23    3,750 gallons but not more than 4,000 gallons annually of
24    hydrocarbon-based solvents in a drycleaning machine
25    equipped with a solvent reclaimer.
26        (17) $5,000 $1,500 for a facility that uses more than

 

 

SB0171 Engrossed- 38 -LRB101 07423 CPF 52465 b

1    4,000 gallons annually of hydrocarbon-based solvents in a
2    drycleaning machine equipped with a solvent reclaimer.
3    For purpose of this subsection, the quantity of drycleaning
4solvents used annually shall be determined as follows:
5        (1) in the case of an initial applicant, the quantity
6    of drycleaning solvents that the applicant estimates will
7    be used during his or her initial license year. A fee
8    assessed under this subdivision is subject to audited
9    adjustment for that year; or
10        (2) in the case of a renewal applicant, the quantity of
11    drycleaning solvents actually purchased in the preceding
12    license year.
13    The Council may adjust licensing fees annually based on the
14published Consumer Price Index - All Urban Consumers ("CPI-U")
15or as otherwise determined by the Council.
16    (d) A license issued under this Section shall expire one
17year after the date of issuance and may be renewed on
18reapplication to the Council and submission of proof of payment
19of the appropriate fee to the Department of Revenue in
20accordance with subsections (c) and (e). At least 30 days
21before payment of a renewal licensing fee is due, the Council
22shall attempt to:
23        (1) notify the operator of each licensed drycleaning
24    facility concerning the requirements of this Section; and
25        (2) submit a license fee payment form to the licensed
26    operator of each drycleaning facility.

 

 

SB0171 Engrossed- 39 -LRB101 07423 CPF 52465 b

1    (e) An operator of a drycleaning facility shall submit the
2appropriate application form provided by the Agency Council
3with the license fee in the form of cash, credit card, business
4check, or guaranteed remittance to the Department of Revenue.
5The Department may accept payment of the license fee under this
6Section by credit card only if the Department is not required
7to pay a discount fee charged by the credit card issuer. The
8license fee payment form and the actual license fee payment
9shall be administered by the Department of Revenue under rules
10adopted by that Department.
11    (f) The Department of Revenue shall issue a proof of
12payment receipt to each operator of a drycleaning facility who
13has paid the appropriate fee in cash or by guaranteed
14remittance, credit card, or business check. However, the
15Department of Revenue shall not issue a proof of payment
16receipt to a drycleaning facility that is liable to the
17Department of Revenue for a tax imposed under this Act. The
18original receipt shall be presented to the Council by the
19operator of a drycleaning facility.
20    (g) (Blank).
21    (h) The Board Council and the Department of Revenue may
22adopt rules as necessary to administer the licensing
23requirements of this Act.
24(Source: P.A. 96-774, eff. 1-1-10; 97-332, eff. 8-12-11;
2597-377, eff. 1-1-12; 97-663, eff. 1-13-12; 97-813, eff.
267-13-12; 97-1057, eff. 1-1-13.)
 

 

 

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1    (415 ILCS 135/65)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 65. Drycleaning solvent tax.
4    (a) A On and after January 1, 1998, a tax is imposed upon
5the use of drycleaning solvent by a person engaged in the
6business of operating a drycleaning facility in this State at
7the rate of $10 $3.50 per gallon of perchloroethylene or other
8chlorinated drycleaning solvents used in drycleaning
9operations, $2 $0.35 per gallon of petroleum-based drycleaning
10solvent, and $1.75 per gallon of green solvents, unless the
11green solvent is used at a virgin facility, in which case the
12rate is $0.35 per gallon. The Board may Council shall determine
13by rule which products are chlorine-based solvents, which
14products are petroleum-based solvents, and which products are
15green solvents. All drycleaning solvents shall be considered
16chlorinated solvents unless the Board Council determines that
17the solvents are petroleum-based drycleaning solvents or green
18solvents.
19    (b) The tax imposed by this Act shall be collected from the
20purchaser at the time of sale by a seller of drycleaning
21solvents maintaining a place of business in this State and
22shall be remitted to the Department of Revenue under the
23provisions of this Act.
24    (c) The tax imposed by this Act that is not collected by a
25seller of drycleaning solvents shall be paid directly to the

 

 

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1Department of Revenue by the purchaser or end user who is
2subject to the tax imposed by this Act.
3    (d) No tax shall be imposed upon the use of drycleaning
4solvent if the drycleaning solvent will not be used in a
5drycleaning facility or if a floor stock tax has been imposed
6and paid on the drycleaning solvent. Prior to the purchase of
7the solvent, the purchaser shall provide a written and signed
8certificate to the drycleaning solvent seller stating:
9        (1) the name and address of the purchaser;
10        (2) the purchaser's signature and date of signing; and
11        (3) one of the following:
12            (A) that the drycleaning solvent will not be used
13        in a drycleaning facility; or
14            (B) that a floor stock tax has been imposed and
15        paid on the drycleaning solvent.
16    (e) On January 1, 1998, there is imposed on each operator
17of a drycleaning facility a tax on drycleaning solvent held by
18the operator on that date for use in a drycleaning facility.
19The tax imposed shall be the tax that would have been imposed
20under subsection (a) if the drycleaning solvent held by the
21operator on that date had been purchased by the operator during
22the first year of this Act.
23    (f) On or before the 25th day of the 1st month following
24the end of the calendar quarter, a seller of drycleaning
25solvents who has collected a tax pursuant to this Section
26during the previous calendar quarter, or a purchaser or end

 

 

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1user of drycleaning solvents required under subsection (c) to
2submit the tax directly to the Department, shall file a return
3with the Department of Revenue. The return shall be filed on a
4form prescribed by the Department of Revenue and shall contain
5information that the Department of Revenue reasonably
6requires, but at a minimum will require the reporting of the
7volume of drycleaning solvent sold to each licensed drycleaner.
8The Department of Revenue shall report quarterly to the Agency
9Council the volume of drycleaning solvent purchased for the
10quarter by each licensed drycleaner. Each seller of drycleaning
11solvent maintaining a place of business in this State who is
12required or authorized to collect the tax imposed by this Act
13shall pay to the Department the amount of the tax at the time
14when he or she is required to file his or her return for the
15period during which the tax was collected. Purchasers or end
16users remitting the tax directly to the Department under
17subsection (c) shall file a return with the Department of
18Revenue and pay the tax so incurred by the purchaser or end
19user during the preceding calendar quarter.
20    Except as provided in this Section, the seller of
21drycleaning solvents filing the return under this Section
22shall, at the time of filing the return, pay to the Department
23the amount of tax imposed by this Act less a discount of 1.75%,
24or $5 per calendar year, whichever is greater. Failure to
25timely file the returns and provide to the Department the data
26requested under this Act will result in disallowance of the

 

 

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1reimbursement discount.
2    (g) The tax on drycleaning solvents used in drycleaning
3facilities and the floor stock tax shall be administered by
4Department of Revenue under rules adopted by that Department.
5    (h) No On and after January 1, 1998, no person shall
6knowingly sell or transfer drycleaning solvent to an operator
7of a drycleaning facility that is not licensed by the Agency
8Council under Section 60.
9    (i) The Department of Revenue may adopt rules as necessary
10to implement this Section.
11    (j) If any payment provided for in this Section exceeds the
12seller's liabilities under this Act, as shown on an original
13return, the seller may credit such excess payment against
14liability subsequently to be remitted to the Department under
15this Act, in accordance with reasonable rules adopted by the
16Department. If the Department subsequently determines that all
17or any part of the credit taken was not actually due to the
18seller, the seller's discount shall be reduced by an amount
19equal to the difference between the discount as applied to the
20credit taken and that actually due, and the seller shall be
21liable for penalties and interest on such difference.
22(Source: P.A. 100-1171, eff. 1-4-19.)
 
23    (415 ILCS 135/69)
24    Sec. 69. Civil penalties.
25    (a) Except as otherwise provided in this Section, any

 

 

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1person who violates any provision of this Act, or any rule
2adopted under this Act regulation adopted by the Council, or
3any license or registration or term or condition thereof, or
4that violates any Council, Board, or court order entered of the
5Council under this Act, shall be liable for a civil penalty as
6provided in this Section. The penalties may, upon order of the
7Board the Council or a court of competent jurisdiction, be made
8payable to the Drycleaner Environmental Response Trust Fund, to
9be used in accordance with the provisions of this the
10Drycleaner Environmental Response Trust Fund Act.
11    (b) Notwithstanding the provisions of subsection (a) of
12this Section:
13        (1) Any person who violates subsection (a) of Section
14    60 of this Act by failing to pay the license fee when due
15    may be assessed a civil penalty of $5 per day for each day
16    after the license fee is due until the license fee is paid.
17    The penalty shall be effective for license fees due on or
18    after July 1, 1999 and before June 30, 2011. For license
19    fees due on or after July 1, 2011, any person who violates
20    subsection (a) of Section 60 of this Act by failing to pay
21    the license fee when due may be assessed a civil penalty,
22    beginning on the 31st day after the license fee is due, in
23    the following amounts: (i) beginning on the 31st day after
24    the license fee is due and until the 60th day after the
25    license fee is due, $3 for each day during which the
26    license fee is not paid and (ii) beginning on the 61st day

 

 

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1    after the license fee is due and until the license fee is
2    paid, $5 for each day during which the license fee is not
3    paid.
4        (2) Any person who violates subsection (d) or (h) of
5    Section 65 of this Act shall be liable for a civil penalty
6    not to exceed $500 for the first violation and a civil
7    penalty not to exceed $5,000 for a second or subsequent
8    violation.
9        (3) Any person who violates Section 67 of this Act
10    shall be liable for a civil penalty not to exceed $100 per
11    day for each day the person is not registered to sell
12    drycleaning solvents.
13        (4) Any person that violates subsection (k) of Section
14    40 of this Act may be assessed a civil penalty in an amount
15    equal to 3 times the total in administrative assessments
16    owed by that person under that subsection.
17    (c) (Blank). The Council shall issue an administrative
18assessment setting forth any penalties it imposes under
19subsection (b) of this Section and shall serve notice of the
20assessment upon the party assessed. The Council's
21determination shall be deemed correct and shall serve as
22evidence of the correctness of the Council's determination that
23a penalty is due. Proof of a determination by the Council may
24be made at any administrative hearing or in any legal
25proceeding by a reproduced copy or computer print-out of the
26Council's record relating thereto in the name of the Council

 

 

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1under the certificate of the Council.
2    If reproduced copies of the Council's records are offered
3as proof of a penalty assessment, the Council must certify that
4those copies are true and exact copies of records on file with
5the Council. If computer print-outs of the Council's records
6are offered as proof of a determination, the Council Chairman
7must certify that those computer print-outs are true and exact
8representations of records properly entered into standard
9electronic computing equipment, in the regular course of the
10Council's business, at or reasonably near the time of the
11occurrence of the facts recorded, from trustworthy and reliable
12information. A certified reproduced copy or certified computer
13print-out shall, without further proof, be admitted into
14evidence in any administrative or legal proceeding and is prima
15facie proof of the correctness of the Council's determination.
16    Whenever notice is required by this Section, the notice may
17be given by United States registered or certified mail,
18addressed to the person concerned at his last known address,
19and proof of mailing shall be sufficient for the purposes of
20this Act. Notice of any hearing provided for by this Act shall
21be given not less than 7 days before the day fixed for the
22hearing. Following the initial contact of a person represented
23by an attorney, the Council shall not contact that person but
24shall only contact the attorney representing that person.
25    (d) The penalties provided for in this Section may be
26recovered in a civil action instituted by the Attorney General

 

 

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1in the name of the people of the State of Illinois.
2    (e) The Attorney General may also, at the request of the
3Agency or the Department of Revenue, Council or on his or her
4own motion, institute a civil action for an injunction,
5prohibitory or mandatory, to restrain violations of this Act,
6any rule or regulation adopted under this Act, any license or
7registration or term or condition of a license or registration,
8or any Council, Board, or court order entered pursuant to this
9Act, or to require other actions as may be necessary to address
10violations thereof.
11    (f) Without limiting any other authority which may exist
12for the awarding of attorney's fees and costs, the Board the
13Council, or a court of competent jurisdiction, may award costs
14and reasonable attorney's fees, including the reasonable costs
15of expert witnesses and consultants, to the Attorney General in
16a case where the Attorney General has prevailed against a
17person who has committed a willful, knowing, or repeated
18violation of this Act, any rule or regulation adopted under
19this Act, or any license or registration or term or condition
20of a license or registration, or any Council, Board, or court
21order entered pursuant to this Act. Any funds collected under
22this subsection (f) in which the Attorney General has prevailed
23shall be deposited in the Drycleaner Environmental Response
24Trust Fund created in Section 10 of this Act.
25    (g) All final orders imposing civil penalties under this
26Section shall prescribe the time for payment of the penalties.

 

 

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1If any penalty is not paid within the time prescribed, interest
2on the penalty shall be paid, at the rate set forth in Section
33-2 of the Illinois Uniform Penalty and Interest Act, for the
4period from the date payment is due until the date payment is
5received. However, if the time for payment is stayed during the
6pendency of an appeal, interest shall not accrue during the
7stay.
8(Source: P.A. 96-774, eff. 1-1-10; 97-332, eff. 8-12-11.)
 
9    (415 ILCS 135/69.5 new)
10    Sec. 69.5. Criminal penalties. In addition to all other
11civil and criminal penalties provided by law, any person who
12knowingly makes to the Agency or Department of Revenue an oral
13or written statement that is false, fictitious, or fraudulent
14and that is materially related to or required by this Act or a
15rule adopted under this Act commits a Class 4 felony, and each
16such statement or writing shall be considered a separate Class
174 felony. A person who, after being convicted under this
18Section, violates this Section a second or subsequent time
19commits a Class 3 felony.
 
20    (415 ILCS 135/77 new)
21    Sec. 77. Review of final decisions.
22    (a) All final Agency decisions made pursuant to this Act
23shall be subject to review in the manner provided for the
24review of permit decisions under Section 40 of the

 

 

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1Environmental Protection Act.
2    (b) Final administrative decisions made under this Act on
3or before the effective date of this Section by the Council,
4the Administrator of the Fund, or an administrative law judge
5of the Council are subject to review in accordance with the law
6in effect at the time of the decision, except that (i) the
7Director of the Agency shall conduct reviews to be performed by
8the Administrator of the Fund and (ii) the review of decisions
9of the Council and decisions of administrative law judges of
10the Council shall be conducted in accordance with the
11Administrative Review Law.
 
12    Section 15. The Drycleaner Environmental Response Trust
13Fund Act is amended by adding Sections 12 and 31 and changing
14Sections 45 and 85 as follows:
 
15    (415 ILCS 135/12 new)
16    Sec. 12. Transfer of Council functions to the Agency.
17    (a) On July 1, 2020, the Council is abolished, and, except
18as otherwise provided in this Section, all powers, duties,
19rights, and responsibilities of the Council are transferred to
20the Agency. On and after that date, all of the general powers
21necessary and convenient to implement and administer this Act
22are, except as otherwise provided in this Section, hereby
23vested in and may be exercised by the Agency, including, but
24not limited to, the powers described in Section 25 of this Act.

 

 

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1    (b) No later than June 30, 2020, the Administrator of the
2Fund shall prepare on behalf of the Council and deliver to the
3Agency a report that lists:
4        (1) the name, address, and telephone number of each
5    claimant who timely filed an application for remedial
6    action account benefits by June 30, 2005, and is eligible
7    for reimbursement from the Fund under Section 40 of this
8    Act for costs of remediation of a release of drycleaning
9    solvents from a drycleaning facility;
10        (2) the address of the drycleaning facility where the
11    release occurred and the names, addresses, and telephone
12    numbers of the owners and operators of the facility, as
13    well as whether the drycleaning facility was an active or
14    inactive drycleaning facility at the time that person
15    applied for remedial action benefits under Section 40 of
16    this Act;
17        (3) the deductible that applies with respect to the
18    release at the facility and the amount of the deductible
19    that has been satisfied;
20        (4) the total amount that has been reimbursed from the
21    Fund for the release at the facility;
22        (5) costs approved for reimbursement from the Fund on
23    or before June 30, 2020, but which have not been reimbursed
24    from the Fund, for the release at the facility;
25        (6) for each year during which insurance coverage was
26    provided under this Act, the name, address, and telephone

 

 

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1    number of each person who obtained coverage and the names
2    and addresses of the drycleaning facilities for which that
3    person obtained coverage;
4        (7) the sites for which site investigations required
5    under subsection (d) of Section 45 have been deemed
6    adequate by the Council;
7        (8) the insurance claims under Section 45 of this Act
8    that are pending; and
9        (9) the appeals under this Act that are pending.
10    (c) No later than June 30, 2020, all books, records,
11papers, documents, property (real and personal), contracts,
12causes of action, and pending business pertaining to the
13powers, duties, rights, and responsibilities transferred by
14this amendatory Act, including, but not limited to, material in
15electronic or magnetic format and necessary computer hardware
16and software, shall be transferred to the Agency, regardless of
17whether they are in the possession of the Council, an
18independent contractor who serves as Administrator of the Fund,
19or any other person.
20    (d) At the direction of the Governor or on July 1, 2020,
21whichever is earlier, all unexpended appropriations and
22balances and other funds available for use by the Council, as
23determined by the Director of the Governor's Office of
24Management and Budget, shall be transferred for use by the
25Agency in accordance with this Act, regardless of whether they
26are in the possession of the Council, an independent contractor

 

 

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1who serves as Administrator of the Fund, or any other person.
2Unexpended balances so transferred shall be expended by the
3Agency only for the purpose for which the appropriations were
4originally made.
5    (e) The transfer of powers, duties, rights, and
6responsibilities pursuant to this amendatory Act of the 101st
7General Assembly does not affect any act done, ratified, or
8canceled or any right accruing or established or any action or
9proceeding had or commenced by the Council or the Administrator
10of the Fund before July 1, 2020; such actions may be prosecuted
11and continued by the Attorney General.
12    (f) Whenever reports or notices are required to be made or
13given or papers or documents furnished or served by any person
14to or upon the Council or the Administrator of the Fund in
15connection with any of the powers, duties, rights, or
16responsibilities transferred by this amendatory Act of the
17101st General Assembly to the Agency, the same shall be made,
18given, furnished, or served in the same manner to or upon the
19Agency.
20    (g) All rules duly adopted by the Council before July 1,
212020 shall become rules of the Board on July 1, 2020, and
22beginning on that date, the Agency is authorized to propose to
23the Board for adoption, and the Board may adopt, amendments to
24the transferred rules, as well as new rules, for carrying out,
25administering, and enforcing the provisions of this Act.
26    (h) In addition to the rules described above, the Board is

 

 

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1hereby authorized to adopt rules establishing minimum
2continuing education and compliance program requirements for
3owners and operators of active drycleaning facilities. Board
4rules establishing minimum continuing education requirements
5shall, among other things, identify the minimum number of
6continuing education credits that must be obtained and describe
7the specific subjects to be covered in continuing education
8programs. Board rules establishing minimum compliance program
9requirements shall, among other things, identify the type of
10inspections that must be conducted. The rules adopted by the
11Board under this subsection (h) may also provide an exemption
12from continuing education requirements for persons who have,
13for at least 10 consecutive years on or after January 1, 2009,
14owned or operated a drying facility licensed under this Act.
15    (i) For the purposes of the Successor Agency Act and
16Section 9b of the State Finance Act, the Agency is the
17successor to the Council beginning July 1, 2020.
 
18    (415 ILCS 135/31 new)
19    Sec. 31. Prohibition on renewal of contract with Fund
20Administrator. On and after the effective date of this
21amendatory Act of the 101st General Assembly, the Council shall
22not enter into or renew any contract or agreement with a person
23to act as the Administrator of the Fund for a term that extends
24beyond June 30, 2020.
 

 

 

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1    (415 ILCS 135/45)
2    Sec. 45. Insurance account.
3    (a) The insurance account shall offer financial assurance
4for a qualified owner or operator of a drycleaning facility
5under the terms and conditions provided for under this Section.
6Coverage may be provided to either the owner or the operator of
7a drycleaning facility. Neither the Agency nor the The Council
8is not required to resolve whether the owner or operator, or
9both, are responsible for a release under the terms of an
10agreement between the owner and operator.
11    (b) The source of funds for the insurance account shall be
12as follows:
13        (1) Moneys appropriated to the Council or moneys
14    allocated to the insurance account; by the Council
15    according to the Fund budget approved by the Council.
16        (2) moneys Moneys collected as an insurance premium,
17    including service fees, if any; and .
18        (3) investment Investment income attributed to the
19    insurance account by the Council.
20    (c) An owner or operator may purchase coverage of up to
21$500,000 per drycleaning facility subject to the terms and
22conditions under this Section and those adopted by the Council
23before July 1, 2020 or by the Board on or after that date.
24Coverage shall be limited to remedial action costs associated
25with soil and groundwater contamination resulting from a
26release of drycleaning solvent at an insured drycleaning

 

 

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1facility, including third-party liability for soil and
2groundwater contamination. Coverage is not provided for a
3release that occurred before the date of coverage.
4    (d) An owner or operator, subject to underwriting
5requirements and terms and conditions deemed necessary and
6convenient by the Council for periods before July 1, 2020 and
7subject to terms and conditions deemed necessary and convenient
8by the Board for periods on or after that date, may purchase
9insurance coverage from the insurance account provided that the
10drycleaning facility to be insured meets the following
11conditions:
12        (1) a site investigation designed to identify soil and
13    groundwater contamination resulting from the release of a
14    drycleaning solvent has been completed for the drycleaning
15    facility to be insured and the site investigation has been
16    found adequate by the Council before July 1, 2020 or by the
17    Agency on or after that date . The Council shall determine
18    if the site investigation is adequate. This investigation
19    must be completed by June 30, 2006. For drycleaning
20    facilities that apply for insurance coverage after June 30,
21    2006, the site investigation must be completed prior to
22    issuance of insurance coverage; and
23        (2) the drycleaning facility is participating in and
24    meets all requirements of a drycleaning compliance program
25    requirements adopted by the Board pursuant Section 12 of
26    the Drycleaner Environmental Response Trust Fund Act

 

 

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1    approved by the Council.
2        (3) the drycleaning facility to be insured is licensed
3    under Section 60 of this Act and all fees due under that
4    Section have been paid;
5        (4) the owner or operator of the drycleaning facility
6    to be insured provides proof to the Agency or Council that:
7            (A) all drycleaning solvent wastes generated at
8        the facility are managed in accordance with applicable
9        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, to the surface, or in groundwater;
14            (C) the facility has a containment dike or other
15        containment structure around each machine, item of
16        equipment, drycleaning area, and portable waste
17        container in which any drycleaning solvent is
18        utilized, that is capable of containing leaks, spills,
19        or releases of drycleaning solvent from that machine,
20        item, area, or container, including: (i) 100% of the
21        drycleaning solvent in the largest tank or vessel; (ii)
22        100% of the drycleaning solvent of each item of
23        drycleaning equipment; and (iii) 100% of the
24        drycleaning solvent of the largest portable waste
25        container or at least 10% of the total volume of the
26        portable waste containers stored within the

 

 

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1        containment dike or structure, whichever is greater;
2            (D) those portions of diked floor surfaces at the
3        facility on which a drycleaning solvent may leak,
4        spill, or otherwise be released are sealed or otherwise
5        rendered impervious;
6            (E) all drycleaning solvent is delivered to the
7        facility by means of closed, direct-coupled delivery
8        systems; and
9            (F) the drycleaning facility is in compliance with
10        paragraph (2) of subsection (d) of this Section; and
11        (5) the owner or operator of the drycleaning facility
12    to be insured has paid all insurance premiums for insurance
13    coverage provided under this Section.
14        Petroleum underground storage tank systems that are in
15    compliance with applicable USEPA and State Fire Marshal
16    rules, including, but not limited to, leak detection system
17    rules, are exempt from the secondary containment
18    requirement in subparagraph (C) of paragraph (3) of this
19    subsection (d).
20    (e) The annual premium for insurance coverage shall be:
21        (1) For the year July 1, 1999 through June 30, 2000,
22    $250 per drycleaning facility.
23        (2) For the year July 1, 2000 through June 30, 2001,
24    $375 per drycleaning facility.
25        (3) For the year July 1, 2001 through June 30, 2002,
26    $500 per drycleaning facility.

 

 

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1        (4) For the year July 1, 2002 through June 30, 2003,
2    $625 per drycleaning facility.
3        (5) For subsequent years, an owner or operator applying
4    for coverage shall pay an annual actuarially-sound
5    insurance premium for coverage by the insurance account.
6    The Council may approve Fund coverage through the payment
7    of a premium established on an actuarially-sound basis,
8    taking into consideration the risk to the insurance account
9    presented by the insured. Risk factor adjustments utilized
10    to determine actuarially-sound insurance premiums should
11    reflect the range of risk presented by the variety of
12    drycleaning systems, monitoring systems, drycleaning
13    volume, risk management practices, and other factors as
14    determined by the Council. As used in this item,
15    "actuarially sound" is not limited to Fund premium revenue
16    equaling or exceeding Fund expenditures for the general
17    drycleaning facility population. Actuarially-determined
18    premiums shall be published at least 180 days prior to the
19    premiums becoming effective.
20        (6) For the year July 1, 2020 through June 30, 2021,
21    and for subsequent years through June 30, 2029, $1,500 per
22    drycleaning facility per year.
23        (7) For July 1, 2029 through January 1, 2030, $750 per
24    drycleaning facility.
25    (e-5) (Blank). If an insurer sends a second notice to an
26owner or operator demanding immediate payment of a past-due

 

 

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1premium for insurance services provided pursuant to this Act,
2the demand for payment must offer a grace period of not less
3than 30 days during which the owner or operator shall be
4allowed to pay any premiums due. If payment is made during that
5period, coverage under this Act shall not be terminated for
6non-payment by the insurer.
7    (e-6) (Blank). If an insurer terminates an owner or
8operator's coverage under this Act, the insurer must send a
9written notice to the owner or operator to inform him or her of
10the termination of that coverage, and that notice must include
11instructions on how to seek reinstatement of coverage, as well
12as information concerning any premiums or penalties that might
13be due.
14    (f) If coverage is purchased for any part of a year, the
15purchaser shall pay the full annual premium. The insurance
16premium is fully earned upon issuance of the insurance policy.
17    (g) Any The insurance coverage provided under this Section
18shall be subject to provided with a $10,000 deductible policy.
19    (h) A future repeal of this Section shall not terminate the
20obligations under this Section or authority necessary to
21administer the obligations until the obligations are
22satisfied, including but not limited to the payment of claims
23filed prior to the effective date of any future repeal against
24the insurance account until moneys in the account are
25exhausted. Upon exhaustion of the moneys in the account, any
26remaining claims shall be invalid. If moneys remain in the

 

 

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1account following satisfaction of the obligations under this
2Section, the remaining moneys and moneys due the account shall
3be deposited in the remedial action account used to assist
4current insureds to obtain a viable insuring mechanism as
5determined by the Council after public notice and opportunity
6for comment.
7(Source: P.A. 98-327, eff. 8-13-13.)
 
8    (415 ILCS 135/85)
9    Sec. 85. Repeal of fee and tax provisions. Sections 60 and
1065 of this Act are repealed on January 1, 2030 2020.
11(Source: P.A. 93-201, eff. 1-1-04.)
 
12    (415 ILCS 135/15 rep.)
13    (415 ILCS 135/20 rep.)
14    (415 ILCS 135/30 rep.)
15    (415 ILCS 135/75 rep.)
16    (415 ILCS 135/80 rep.)
17    Section 20. The Drycleaner Environmental Response Trust
18Fund Act is amended by repealing Sections 15, 20, 30, 75, and
1980.
 
20    Section 99. Effective date. This Act takes effect July 1,
212020.