093_HB1553ham001

 










                                     LRB093 10190 AMC 12880 a

 1                    AMENDMENT TO HOUSE BILL 1553

 2        AMENDMENT NO.     .  Amend House Bill 1553  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The Drycleaner Environmental Response Trust
 5    Fund Act is amended by changing Sections 5, 15, 25,  40,  45,
 6    60, 65, and 85 as follows:

 7        (415 ILCS 135/5)
 8        Sec. 5. Definitions.  As used in this Act:
 9        (a)  "Active  drycleaning  facility"  means a drycleaning
10    facility  actively  engaged  in  drycleaning  operations  and
11    licensed under Section 60 of this Act.
12        (b)  "Agency" means the Illinois Environmental Protection
13    Agency.
14        (c)  "Claimant"  means  an  owner  or   operator   of   a
15    drycleaning  facility  who has applied for reimbursement from
16    the remedial account or who has  submitted a claim under  the
17    insurance account with respect to a release.
18        (d)  "Council"   means   the   Drycleaner   Environmental
19    Response Trust Fund  Council.
20        (e)  "Drycleaner  Environmental  Response  Trust Fund" or
21    "Fund" means the fund created under Section 10 of this Act.
22        (f)  "Drycleaning facility" means a facility  located  in
 
                            -2-      LRB093 10190 AMC 12880 a
 1    this  State  that  is  or  has  been  engaged  in drycleaning
 2    operations for the general public, other than a:
 3             (1)  facility located on a  United  States  military
 4        base;
 5             (2)  industrial   laundry,  commercial  laundry,  or
 6        linen supply facility;
 7             (3)  prison or other penal institution that  engages
 8        in  drycleaning only as part of a Correctional Industries
 9        program  to  provide  drycleaning  to  persons  who   are
10        incarcerated  in  a  prison  or  penal  institution or to
11        resident  patients  of  a  State-operated  mental  health
12        facility;
13             (4)  not-for-profit hospital or  other  health  care
14        facility; or a
15             (5)  facility located or formerly located on federal
16        or State property.
17        (g)  "Drycleaning   operations"   means   drycleaning  of
18    apparel and household fabrics  for  the  general  public,  as
19    described  in Standard Industrial Classification Industry No.
20    7215 and No. 7216 in the Standard  Industrial  Classification
21    Manual   (SIC)  by  the  Technical  Committee  on  Industrial
22    Classification.
23        (h)  "Drycleaning solvent" means any and  all  nonaqueous
24    solvents,  including  but  not limited to a chlorine-based or
25    petroleum-based  hydrocarbon-based  formulation  or  product,
26    including green solvents, that  are  is  used  as  a  primary
27    cleaning agent in drycleaning operations.
28        (i)  "Emergency"  or "emergency action" means a situation
29    or an immediate response to a  situation  to  protect  public
30    health  or safety. "Emergency" or "emergency action" does not
31    mean  removal  of    contaminated  soils,  recovery  of  free
32    product, or financial hardship. An "emergency" or  "emergency
33    action" would normally be  expected to be directly related to
34    a  sudden event or discovery and would  last until the threat
 
                            -3-      LRB093 10190 AMC 12880 a
 1    to public health is mitigated.
 2        (j)  "Groundwater" means underground  water  that  occurs
 3    within  the  saturated  zone and geologic materials where the
 4    fluid pressure in the pore space is equal to or greater  than
 5    the atmospheric pressure.
 6        (k)  "Inactive  drycleaning facility" means a drycleaning
 7    facility that is not being used  for  drycleaning  operations
 8    and is not registered under this Act.
 9        (l)  "Maintaining  a  place of business in this State" or
10    any like term means (1) having  or  maintaining  within  this
11    State,   directly   or   through  a  subsidiary,  an  office,
12    distribution  facility,  distribution  house,  sales   house,
13    warehouse, or other place of business or (2) operating within
14    this  State  as  an agent or representative for a person or a
15    person's subsidiary engaged in the  business  of  selling  to
16    persons  within this State, irrespective of whether the place
17    of business or agent or other representative  is  located  in
18    this State permanently or temporary, or whether the person or
19    the person's subsidiary engages in the business of selling in
20    this State.
21        (m)  "No  Further  Remediation  Letter"  means  a  letter
22    provided  by  the  Agency  pursuant to Section 58.10 of Title
23    XVII of the Environmental Protection Act.
24        (n)  "Operator"  means  a  person  or  entity  holding  a
25    business license to  operate a licensed  drycleaning facility
26    or the business operation of  which the drycleaning  facility
27    is a part.
28        (o)  "Owner"   means   (1)  a  person  who  owns  or  has
29    possession or control of a drycleaning facility at the time a
30    release is discovered, regardless of whether    the  facility
31    remains  in  operation  or  (2)  a  parent corporation of the
32    person under item (1) of this subdivision.
33        (p)  "Parent corporation"  means  a  business  entity  or
34    other  business    arrangement  that  has  elements of common
 
                            -4-      LRB093 10190 AMC 12880 a
 1    ownership or control or that  uses  a  long-term  contractual
 2    arrangement with a person to avoid direct  responsibility for
 3    conditions at a drycleaning facility.
 4        (q)  "Person"  means  an  individual,  trust, firm, joint
 5    stock company, corporation,  consortium,  joint  venture,  or
 6    other commercial entity.
 7        (r)  "Program  year" means the period beginning on July 1
 8    and ending on the following June 30.
 9        (s)  "Release" means  any  spilling,  leaking,  emitting,
10    discharging, escaping, leaching, or dispersing of drycleaning
11    solvents  from a drycleaning facility to groundwater, surface
12    water, or subsurface soils.
13        (t)  "Remedial action" means activities taken to   comply
14    with  Sections  58.6 and 58.7 of the Environmental Protection
15    Act and rules adopted by the Pollution  Control  Board  under
16    those Sections.
17        (u)  "Responsible  party"  means  an  owner, operator, or
18    other person financially responsible for costs of remediation
19    of a release  of  drycleaning  solvents  from  a  drycleaning
20    facility.
21        (v)  "Service   provider"  means  a  consultant,  testing
22    laboratory,   monitoring   well   installer,   soil    boring
23    contractor, other contractor, lender, or any other person who
24    provides   a  product  or  service  for  which  a  claim  for
25    reimbursement has been or will be filed against the  remedial
26    account  or  insurance  account, or a subcontractor of such a
27    person.
28        (w)  "Virgin facility" means a drycleaning facility  that
29    has  never  had chlorine-based or petroleum-based drycleaning
30    solvents or other hazardous chemicals or materials stored  or
31    used  at  the  property  prior to it becoming a green solvent
32    drycleaning facility.
33    (Source: P.A. 90-502, eff. 8-19-97; 91-453, eff. 8-6-99.)
 
                            -5-      LRB093 10190 AMC 12880 a
 1        (415 ILCS 135/15)
 2        Sec. 15. Creation of Council.
 3        (a)  The Drycleaner  Environmental  Response  Trust  Fund
 4    Council  is  established  and  shall consist of the following
 5    voting members to be appointed by the Governor:
 6             (1)  Four  Three  members  who  own  or  operate   a
 7        drycleaning  facility.  Two  of  these  members  must  be
 8        members  of  the  Illinois  State  Fabricare Association.
 9        These members shall serve 3 year terms,  except  that  of
10        the initial members appointed, one shall be appointed for
11        a  term  of  one year, one for a term of 2 years, and one
12        for a term of 3 years.
13             (2)  One    member    who    represents    wholesale
14        distributors of  drycleaning solvents.  This member shall
15        serve for a term of 3 years.
16             (3)  One  member  who  represents  the   drycleaning
17        equipment    manufacturers  and  vendor  community.  This
18        member shall serve for a term of 3 years.
19             (4)  One  member  Two  members  with  experience  in
20        financial  markets or the insurance industry. This member
21        These members shall serve 3-year terms,  except  that  of
22        the  initial  appointments,  one shall be appointed for a
23        term of 2 years, and one for a term of 3 years.
24        Each  member  shall  have  experience,   knowledge,   and
25    expertise relating to the subject matter of this Act.
26        (b)  The  Governor  may  remove any member of the Council
27    for incompetency, neglect of duty, or malfeasance  in  office
28    after  service on him or her of a copy of the written charges
29    against him or her and after an opportunity  to  be  publicly
30    heard  in  person  or by counsel in his or her own defense no
31    earlier than 10 days after the Governor has  provided  notice
32    of  the  opportunity  to  the  Council  member.   Evidence of
33    incompetency, neglect of duty, or malfeasance in  office  may
34    be  provided  to  the  Governor  by the Agency or the Auditor
 
                            -6-      LRB093 10190 AMC 12880 a
 1    General following the annual audit described in Section 80.
 2        (c)  Members of  the  Council  are  entitled  to  receive
 3    reimbursement of actual expenses incurred in the discharge of
 4    their  duties  within  the limit of funds appropriated to the
 5    Council or made available to the Fund.   The  Governor  shall
 6    appoint  a  chairperson of the Council from among the members
 7    of the Council.
 8        (d)  The Attorney General's office or its designee  shall
 9    provide legal counsel to  the Council.
10    (Source: P.A. 90-502, eff. 8-19-97.)

11        (415 ILCS 135/25)
12        Sec. 25. Powers and duties of the Council.
13        (a)  The  Council  shall  have  all of the general powers
14    reasonably necessary and convenient to carry out its purposes
15    and may perform  the  following  functions,  subject  to  any
16    express limitations contained in this Act:
17             (1)  Take   actions   and   enter   into  agreements
18        necessary to  reimburse claimants for  eligible  remedial
19        action  expenses,  assist    the  Agency  to  protect the
20        environment from releases, reduce costs  associated  with
21        remedial   actions,   and   establish  and  implement  an
22        insurance program.
23             (2)  Acquire and hold personal property to  be  used
24        for the purpose of  remedial action.
25             (3)  Purchase,  construct,  improve, furnish, equip,
26        lease, option, sell, exchange, or  otherwise  dispose  of
27        one  or more improvements  under the terms it determines.
28        The  Council  may  define  "improvements"  by  rule   for
29        purposes of this Act.
30             (4)  Grant  a  lien,  pledge,  assignment,  or other
31        encumbrance on one or more  revenues,  assets  of  right,
32        accounts,  or funds established or received in connection
33        with the Fund, including revenues derived  from  fees  or
 
                            -7-      LRB093 10190 AMC 12880 a
 1        taxes collected under this Act.
 2             (5)  Contract for the acquisition or construction of
 3        one  or  more  improvements  or  parts  of  one  or  more
 4        improvements  or  for  the  leasing, subleasing, sale, or
 5        other disposition of one or more improvements in a manner
 6        the Council determines.
 7             (6)  Cooperate with the Agency in the implementation
 8        and administration of  this Act to  minimize  unnecessary
 9        duplication  of  effort,   reporting, or paperwork and to
10        maximize environmental protection    within  the  funding
11        limits of this Act.
12             (7)  Except  as  otherwise  provided by law, inspect
13        any document in the possession  of  an  owner,  operator,
14        service  provider, or any other person if the document is
15        relevant to a claim for reimbursement under this  Section
16        or  may  inspect a drycleaning facility for which a claim
17        for benefits under this Act has been submitted.
18        (b)  The Council shall pre-approve, and  the  contracting
19    parties  shall seek pre-approval for, a contract entered into
20    under this Act if the cost of the contract  exceeds  $75,000.
21    The  Council  or  its  designee  shall  review and approve or
22    disapprove   all  contracts  entered  into  under  this  Act.
23    However,  review by the Council or its  designee shall not be
24    required when an emergency situation  exists.  All  contracts
25    entered   into   by   the  Council  shall  be  awarded  on  a
26    competitive basis to the maximum extent practical.  In  those
27    situations  where  it  is  determined  that  bidding  is  not
28    practical,    the    basis    for    the   determination   of
29    impracticability shall be documented by the  Council  or  its
30    designee.
31        (c)  The  Council may prioritize the expenditure of funds
32    from the remedial action account whenever it determines  that
33    there  are not sufficient funds to settle all current claims.
34    In prioritizing, the Council may consider the following:
 
                            -8-      LRB093 10190 AMC 12880 a
 1             (1)  the degree to which human health is affected by
 2        the exposure  posed by the release;
 3             (2)  the reduction of risk to human  health  derived
 4        from    remedial  action  compared  to  the  cost  of the
 5        remedial action;
 6             (3)  the present and planned uses  of  the  impacted
 7        property; and
 8             (4)  other factors as determined by the Council.
 9        (d)  The  Council  shall  adopt rules allowing the direct
10    payment  from  the  Fund  to  a   contractor   who   performs
11    remediation.  The  rules  concerning the direct payment shall
12    include a provision that any applicable  deductible  must  be
13    paid  by the drycleaning facility prior to any direct payment
14    from the Fund.
15        (e)  The Council may  purchase  reinsurance  coverage  to
16    reduce  the  Fund's  potential liability for reimbursement of
17    remedial action costs.
18    (Source: P.A. 90-502, eff. 8-19-97.)

19        (415 ILCS 135/40)
20        Sec. 40. Remedial action account.
21        (a)  The  remedial  action  account  is  established   to
22    provide  reimbursement  to eligible claimants for drycleaning
23    solvent investigation, remedial action planning, and remedial
24    action   activities   for   existing   drycleaning    solvent
25    contamination discovered at their drycleaning facilities.
26        (b)  The following persons are eligible for reimbursement
27    from the remedial action account:
28             (1)  In  the  case  of  claimant who is the owner or
29        operator of an active drycleaning  facility  licensed  by
30        the Council under this Act at the time of application for
31        remedial  action  benefits  afforded  under the Fund, the
32        claimant is only eligible for reimbursement  of  remedial
33        action  costs  incurred in connection with a release from
 
                            -9-      LRB093 10190 AMC 12880 a
 1        that  drycleaning  facility,   subject   to   any   other
 2        limitations under this Act.
 3             (2)  In  the  case of a claimant who is the owner of
 4        an inactive drycleaning facility and  was  the  owner  or
 5        operator  of  the  drycleaning  facility  when it was  an
 6        active  drycleaning  facility,  the  claimant   is   only
 7        eligible  for    reimbursement  of  remedial action costs
 8        incurred  in  connection  with   a   release   from   the
 9        drycleaning  facility,  subject  to any other limitations
10        under this Act.
11        (c)  An eligible claimant requesting  reimbursement  from
12    the remedial action  account shall meet all of the following:
13             (1)  The  claimant  demonstrates  that the source of
14        the release is from  the claimant's drycleaning facility.
15             (2)  At the time the release was discovered  by  the
16        claimant,  the claimant and the drycleaning facility were
17        in compliance with the  Agency  reporting  and  technical
18        operating requirements.
19             (3)  The  claimant  reported the release in a timely
20        manner to  the Agency in accordance with State law.
21             (4)  The claimant applying for reimbursement has not
22        filed for bankruptcy on or after the date of his  or  her
23        discovery of the release.
24             (5)  If  the claimant is the owner or operator of an
25        active drycleaning facility, the claimant has provided to
26        the Council proof of implementation  and  maintenance  of
27        the following pollution prevention measures:
28                  (A)  That   all   drycleaning   solvent  wastes
29             generated at a drycleaning facility  be  managed  in
30             accordance  with  applicable  State waste management
31             laws and rules.
32                  (B)  A  prohibition   on   the   discharge   of
33             wastewater   from   drycleaning   machines   or   of
34             drycleaning solvent from drycleaning operations to a
 
                            -10-     LRB093 10190 AMC 12880 a
 1             sanitary  sewer  or septic tank or to the surface or
 2             in groundwater.
 3                  (C)  That every drycleaning facility:
 4                       (I)  install a containment dike  or  other
 5                  containment  structure  around each machine, or
 6                  item of equipment, or  the  entire  drycleaning
 7                  area, and portable waste container in which any
 8                  drycleaning solvent is utilized, which shall be
 9                  capable   of   containing   leaks,  spills,  or
10                  releases  any  leak,  spill,  or   release   of
11                  drycleaning solvent from that machine, item, or
12                  area,  or  container.   The containment dike or
13                  other containment structure shall be capable of
14                  at  least  the  following:  (i)  containing   a
15                  capacity  of 110% of the drycleaning solvent in
16                  the largest tank or vessel within the  machine;
17                  (ii) containing 100% of the drycleaning solvent
18                  of  each item of equipment or drycleaning area;
19                  and (iii) containing 100%  of  the  drycleaning
20                  solvent of the largest portable waste container
21                  or  at  least  10%  of  the total volume of the
22                  portable waste  containers  stored  within  the
23                  containment  dike  or  structure,  whichever is
24                  greater.
25                       Petroleum underground storage tank systems
26                  that are  upgraded  in  accordance  with  USEPA
27                  upgrade  standards  pursuant to 40 CFR Part 280
28                  for the tanks and related  piping  systems  and
29                  use  a  leak  detection  system approved by the
30                  USEPA or IEPA are exempt  from  this  secondary
31                  containment requirement; and
32                       (II)  seal  or otherwise render impervious
33                  those portions of diked floor surfaces on which
34                  a  drycleaning  solvent  may  leak,  spill,  or
 
                            -11-     LRB093 10190 AMC 12880 a
 1                  otherwise be released.
 2                  (D)  A requirement that all drycleaning solvent
 3             shall be  delivered  to  drycleaning  facilities  by
 4             means of closed, direct-coupled delivery systems.
 5             (6)  An  active  drycleaning facility has maintained
 6        continuous   financial   assurance   for    environmental
 7        liability  coverage in the amount of at least $500,000 at
 8        least since the date of  award  of  benefits  under  this
 9        Section  or  July  1,  2000,  whichever  is  earlier.  An
10        uninsured   drycleaning   facility   that  has  filed  an
11        application for insurance with the  Fund  by  January  1,
12        2004,  obtained  insurance  through that application, and
13        maintained that insurance coverage continuously shall  be
14        considered  to  have  conformed  with the requirements of
15        this subdivision (6). To conform  with  this  requirement
16        the  applicant  must  pay  the  equivalent  of  the total
17        premiums due for  the  period  beginning  June  30,  2000
18        through the date of application plus a 20% penalty of the
19        total premiums due for that period.
20             (7)  The  release was discovered on or after July 1,
21        1997 and before July 1, 2006 2004.
22        (d)  A claimant shall submit a completed application form
23    provided by  the  Council.   The  application  shall  contain
24    documentation   of   activities,   plans,   and  expenditures
25    associated with the eligible costs incurred in response to  a
26    release  of  drycleaning solvent from a drycleaning facility.
27    Application for remedial  action  account  benefits  must  be
28    submitted to the Council on or before June 30, 2005 2004.
29        (e)  Claimants   shall   be   subject  to  the  following
30    deductible requirements,  unless  modified  pursuant  to  the
31    Council's authority under Section 75:
32             (1)  An  eligible claimant submitting a claim for an
33        active drycleaning facility is responsible for the  first
34        $5,000  of eligible investigation costs and for the first
 
                            -12-     LRB093 10190 AMC 12880 a
 1        $10,000 of eligible remedial  action  costs  incurred  in
 2        connection with the release from the drycleaning facility
 3        and  is  only  eligible  for reimbursement for costs that
 4        exceed those amounts, subject to any other limitations of
 5        this Act.
 6             (2)  An eligible claimant submitting a claim for  an
 7        inactive  drycleaning  facility  is  responsible  for the
 8        first $10,000 of eligible investigation costs and for the
 9        first $10,000 of eligible remedial action costs  incurred
10        in  connection  with  the  release  from that drycleaning
11        facility, and is  only  eligible  for  reimbursement  for
12        costs  that  exceed  those  amounts, subject to any other
13        limitations of this Act.
14        (f)  Claimants are subject to the  following  limitations
15    on reimbursement:
16             (1)  Subsequent    to    meeting    the   deductible
17        requirements of  subsection  (e),  and  pursuant  to  the
18        requirements  of  Section  75,  reimbursement  shall  not
19        exceed  $300,000  per  active  drycleaning  facility  and
20        $50,000 per inactive drycleaning facility.:
21                  (A)  $160,000  per  active drycleaning facility
22             for which an eligible claim is submitted during  the
23             program year beginning July 1, 1999;
24                  (B)  $150,000  per  active drycleaning facility
25             for which an eligible claim is submitted during  the
26             program year beginning July 1, 2000;
27                  (C)  $140,000  per  active drycleaning facility
28             for which an eligible claim is submitted during  the
29             program year beginning July 1, 2001;
30                  (D)  $130,000  per  active drycleaning facility
31             for which an eligible claim is submitted during  the
32             program year beginning July 1, 2002;
33                  (E)  $120,000  per  active drycleaning facility
34             for which an eligible  claim is submitted during the
 
                            -13-     LRB093 10190 AMC 12880 a
 1             program year beginning July 1, 2003; or
 2                  (F)  $50,000 per inactive drycleaning facility.
 3             (2)  A contract in which one of the parties  to  the
 4        contract is a claimant, for goods or services that may be
 5        payable  or  reimbursable  from  the Council, is void and
 6        unenforceable unless and until the Council has found that
 7        the contract terms are within  the  range  of  usual  and
 8        customary  rates  for  similar  or  equivalent  goods  or
 9        services  within  this State and has found that the goods
10        or services are necessary for the claimant to comply with
11        Council  standards   or   other   applicable   regulatory
12        standards.
13             (3)  A  claimant may appoint the Council as an agent
14        for the purposes of negotiating contracts with  suppliers
15        of  goods  or  services  reimbursable  by  the Fund.  The
16        Council  may  select  another  contractor  for  goods  or
17        services other than the one offered by  the  claimant  if
18        the  scope  of  the  proposed  work or actual work of the
19        claimant's  offered  contractor  does  not  reflect   the
20        quality  of  workmanship  required  or  if  the costs are
21        determined to be excessive, as determined by the Council.
22             (4)  The Council may require a  claimant  to  obtain
23        and  submit  3  bids  and  may require specific terms and
24        conditions in a  contract subject to approval.
25             (5)  The Council may enter into  a  contract  or  an
26        exclusive contract with the supplier of goods or services
27        required   by  a  claimant  or  class  of  claimants,  in
28        connection with an expense reimbursable  from  the  Fund,
29        for  a specified good or service at a gross maximum price
30        or fixed rate, and may limit reimbursement accordingly.
31             (6)  Unless emergency conditions  exist,  a  service
32        provider  shall  obtain  the  Council's  approval  of the
33        budget for the remediation  work  before  commencing  the
34        work.   No  expense  incurred  that is above the budgeted
 
                            -14-     LRB093 10190 AMC 12880 a
 1        amount shall be paid unless the  Council  approves    the
 2        expense  prior  to  its being incurred.  All invoices and
 3        bills relating to the remediation work shall be submitted
 4        with appropriate documentation, as  deemed  necessary  by
 5        the  Council,  not  later than 30 days after the work has
 6        been performed.
 7             (7)  Neither the Council nor an eligible claimant is
 8        responsible for payment for costs incurred that have  not
 9        been  previously  approved  by  the  Council,  unless  an
10        emergency exists.
11             (8)  The   Council   may  determine  the  usual  and
12        customary costs of each item for which reimbursement  may
13        be awarded under this Section. The Council may revise the
14        usual and customary costs from time to time as necessary,
15        but costs submitted for reimbursement shall be subject to
16        the rates in effect at the time the costs were incurred.
17             (9)  If a claimant has pollution liability insurance
18        coverage  other  than  coverage provided by the insurance
19        account under this Act, that coverage shall  be  primary.
20        Reimbursement  from the remedial account shall be limited
21        to the deductible amounts under the primary coverage  and
22        the  amount that exceeds the policy limits of the primary
23        coverage, subject to the deductible amounts of this  Act.
24        If  there  is  a  dispute  between  the  claimant and the
25        primary  insurance  provider,  reimbursement   from   the
26        remedial action account may be made to the claimant after
27        the  claimant  assigns all of his or her interests in the
28        insurance coverage to the Council.
29        (g)  The source of funds for the remedial action  account
30    shall  be  moneys  allocated  to  the  account by the Council
31    according to the Fund budget approved by the Council.
32        (h)  A drycleaning facility will be classified as  active
33    or  inactive for purposes of  determining benefits under this
34    Section based on the status of the facility  on  the  date  a
 
                            -15-     LRB093 10190 AMC 12880 a
 1    claim is filed.
 2        (i)  Eligible  claimants shall conduct remedial action in
 3    accordance  with  the  Site  Remediation  Program  under  the
 4    Environmental Protection Act and Part 740 of Title 35 of  the
 5    Illinois  Administrative  Code  and  the  Tiered  Approach to
 6    Cleanup Objectives under Part 742 of Title 35 of the Illinois
 7    Administrative Code.
 8    (Source: P.A. 90-502, eff. 8-19-97; 91-453, eff. 8-6-99.)

 9        (415 ILCS 135/45)
10        Sec. 45. Insurance account.
11        (a)  The  insurance   account   shall   offer   financial
12    assurance for a qualified owner  or operator of a drycleaning
13    facility  under  the  terms and conditions provided for under
14    this Section. Coverage may be provided to either the owner or
15    the operator of a drycleaning facility. The  Council  is  not
16    required  to  resolve whether the owner or operator, or both,
17    are responsible for a release under the terms of an agreement
18    between the owner and operator.
19        (b)  The source of funds for the insurance account  shall
20    be as follows:
21             (1)  Moneys  appropriated  to  the Council or moneys
22        allocated  to  the  insurance  account  by  the   Council
23        according to the Fund budget approved by the Council.
24             (2)  Moneys   collected  as  an  insurance  premium,
25        including service fees, if any.
26             (3)  Investment income attributed to  the  insurance
27        account by the Council.
28        (c)  An  owner or operator may purchase coverage of up to
29    $500,000 per drycleaning facility subject to  the  terms  and
30    conditions  under  this  Section  and  those  adopted  by the
31    Council. Coverage shall be limited to remedial  action  costs
32    associated  with soil and groundwater contamination resulting
33    from  a  release  of  drycleaning  solvent  at   an   insured
 
                            -16-     LRB093 10190 AMC 12880 a
 1    drycleaning  facility,  including  third-party  liability for
 2    soil and groundwater contamination.  Coverage is not provided
 3    for a release that occurred before the date of coverage.
 4        (d)  An  owner  or  operator,  subject  to   underwriting
 5    requirements  and  terms  and conditions deemed necessary and
 6    convenient by the Council, may  purchase  insurance  coverage
 7    from  the  insurance  account  provided  that the drycleaning
 8    facility to be insured meets the following conditions:
 9             (1)  a site investigation designed to identify  soil
10        and  groundwater contamination resulting from the release
11        of a drycleaning solvent has been completed. The  Council
12        shall  determine  if  the site investigation is adequate.
13        This investigation must be completed  by  June  30,  2006
14        2004.    For   drycleaning   facilities  that  apply  for
15        insurance coverage become  active  after  June  30,  2006
16        2004,  the  site investigation must be completed prior to
17        issuance of insurance coverage; and
18             (2)  the drycleaning facility  is  participating  in
19        and  meets  all  requirements of a drycleaning compliance
20        program approved by the Council.
21        (e)  The annual premium for insurance coverage shall be:
22             (1)  For the year July  1,  1999  through  June  30,
23        2000, $250 per drycleaning facility.
24             (2)  For  the  year  July  1,  2000 through June 30,
25        2001, $375 per drycleaning facility.
26             (3)  For the year July  1,  2001  through  June  30,
27        2002, $500 per drycleaning facility.
28             (4)  For  the  year  July  1,  2002 through June 30,
29        2003, $625 per drycleaning facility.
30             (5)  For subsequent  years,  an  owner  or  operator
31        applying    for    coverage    shall    pay   an   annual
32        actuarially-sound insurance premium for coverage  by  the
33        insurance account.  The Council may approve Fund coverage
34        through  the  payment  of  a  premium  established  on an
 
                            -17-     LRB093 10190 AMC 12880 a
 1        actuarially-sound basis, taking  into  consideration  the
 2        risk  to  the insurance account presented by the insured.
 3        Risk   factor   adjustments   utilized    to    determine
 4        actuarially-sound  insurance  premiums should reflect the
 5        range of risk presented by  the  variety  of  drycleaning
 6        systems,  monitoring  systems,  drycleaning  volume, risk
 7        management practices, and other factors as determined  by
 8        the Council. As used in this item, "actuarially sound" is
 9        not limited to Fund premium revenue equaling or exceeding
10        Fund  expenditures  for  the general drycleaning facility
11        population.  Actuarially-determined  premiums  shall   be
12        published  at  least  180  days  prior  to  the  premiums
13        becoming effective.
14        (f)  If coverage is purchased for any part of a year, the
15    purchaser  shall  pay the full annual premium.  The insurance
16    premium is  fully  earned  upon  issuance  of  the  insurance
17    policy.
18        (g)  The  insurance  coverage  shall  be  provided with a
19    $10,000 deductible policy.
20        (h)  A future repeal of this Section shall not  terminate
21    the  obligations under this Section or authority necessary to
22    administer   the   obligations   until  the  obligations  are
23    satisfied, including but not limited to the payment of claims
24    filed prior to  the  effective  date  of  any  future  repeal
25    against the insurance account until moneys in the account are
26    exhausted.  Upon exhaustion of the moneys in the account, any
27    remaining  claims  shall  be invalid. If moneys remain in the
28    account following satisfaction of the obligations under  this
29    Section,  the  remaining  moneys  and  moneys due the account
30    shall be used to assist current insureds to obtain  a  viable
31    insuring  mechanism as determined by the Council after public
32    notice and opportunity for comment.
33    (Source: P.A. 90-502, eff. 8-19-97; 91-453, eff. 8-6-99.)
 
                            -18-     LRB093 10190 AMC 12880 a
 1        (415 ILCS 135/60)
 2        (Section scheduled to be repealed on January 1, 2010)
 3        Sec. 60. Drycleaning facility license.
 4        (a)  On and  after  January  1,  1998,  no  person  shall
 5    operate  a  drycleaning  facility  in  this  State  without a
 6    license issued by the Council.
 7        (b)  The  Council  shall  issue  an  initial  or  renewal
 8    license  to  a  drycleaning  facility  on  submission  by  an
 9    applicant of a completed form prescribed by the  Council  and
10    proof  of  payment  of  the required fee to the Department of
11    Revenue.
12        (c)  On or after January 1, 2004,  the  annual  fees  for
13    licensure are as follows:
14             (1)  $500  for a facility that uses (i) 50 purchases
15        140  gallons  or  less   of   chlorine-based   or   green
16        drycleaning  solvents  annually, (ii) 250 or less gallons
17        annually of hydrocarbon-based drycleaning solvents  in  a
18        drycleaning machine equipped with a solvent reclaimer, or
19        (iii)    500   1400   gallons   or   less   annually   of
20        hydrocarbon-based drycleaning solvents in  a  drycleaning
21        machine without a solvent reclaimer annually.
22             (2)  $500  $1,000  for  a  facility  that  uses  (i)
23        purchases  more than 50 140 gallons but not more than 100
24        less  than  360  gallons  of  chlorine-based   or   green
25        drycleaning solvents annually, (ii) more than 250 gallons
26        but  not  more  500 gallons annually of hydrocarbon-based
27        solvents in a drycleaning machine equipped with a solvent
28        reclaimer, or (iii) more than 500 1400  gallons  but  not
29        more  than  1,000  less  than  3600  gallons  annually of
30        hydrocarbon-based drycleaning solvents in  a  drycleaning
31        machine without a solvent reclaimer annually.
32             (3)  $500  $1,500  for  a facility that uses (i) 100
33        purchases 360 gallons but not more than  150  gallons  or
34        more  of  chlorine-based  or  green  drycleaning solvents
 
                            -19-     LRB093 10190 AMC 12880 a
 1        annually, (ii) more than 500 gallons but  not  more  than
 2        750  gallons  annually of hydrocarbon-based solvents in a
 3        drycleaning machine equipped with a solvent reclaimer, or
 4        (iii) more than 1,000 gallons but  not  more  than  1,500
 5        gallons    annually    3600    gallons    or    more   of
 6        hydrocarbon-based drycleaning solvents in  a  drycleaning
 7        machine without a solvent reclaimer annually.
 8             (4)  $1,000  for  a facility that uses (i) more than
 9        150  gallons  but  not   more   than   200   gallons   of
10        chlorine-based  or  green  drycleaning solvents annually,
11        (ii) more than  750  gallons  but  not  more  than  1,000
12        gallons  annually  of  hydrocarbon-based  solvents  in  a
13        drycleaning machine equipped with a solvent reclaimer, or
14        (iii)  more  than  1,500  gallons but not more than 2,000
15        gallons   annually   of   hydrocarbon-based   drycleaning
16        solvents in  a  drycleaning  machine  without  a  solvent
17        reclaimer.
18             (5)  $1,000  for  a facility that uses (i) more than
19        200  gallons  but  not   more   than   250   gallons   of
20        chlorine-based  or  green  drycleaning solvents annually,
21        (ii) more than 1,000 gallons  but  not  more  than  1,250
22        gallons  annually  of  hydrocarbon-based  solvents  in  a
23        drycleaning machine equipped with a solvent reclaimer, or
24        (iii)  more  than  2,000  gallons but not more than 2,500
25        gallons   annually   of   hydrocarbon-based   drycleaning
26        solvents in  a  drycleaning  machine  without  a  solvent
27        reclaimer.
28             (6)  $1,000  for  a facility that uses (i) more than
29        250  gallons  but  not   more   than   300   gallons   of
30        chlorine-based  or  green  drycleaning solvents annually,
31        (ii) more than 1,250 gallons  but  not  more  than  1,500
32        gallons  annually  of  hydrocarbon-based  solvents  in  a
33        drycleaning machine equipped with a solvent reclaimer, or
34        (iii)  more  than  2,500  gallons but not more than 3,000
 
                            -20-     LRB093 10190 AMC 12880 a
 1        gallons   annually   of   hydrocarbon-based   drycleaning
 2        solvents in  a  drycleaning  machine  without  a  solvent
 3        reclaimer.
 4             (7)  $1,000  for  a facility that uses (i) more than
 5        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
12        solvents in  a  drycleaning  machine  without  a  solvent
13        reclaimer.
14             (8)  $1,500  for  a facility that uses (i) more than
15        350  gallons  but  not   more   than   400   gallons   of
16        chlorine-based  or  green  drycleaning solvents annually,
17        (ii) more than 1,750 gallons  but  not  more  than  2,000
18        gallons  annually  of  hydrocarbon-based  solvents  in  a
19        drycleaning machine equipped with a solvent reclaimer, or
20        (iii)  more  than  3,500  gallons but not more than 4,000
21        gallons   annually   of   hydrocarbon-based   drycleaning
22        solvents in  a  drycleaning  machine  without  a  solvent
23        reclaimer.
24             (9)  $1,500  for  a facility that uses (i) more than
25        400  gallons  but  not   more   than   450   gallons   of
26        chlorine-based  or  green  drycleaning solvents annually,
27        (ii) more than 2,000 gallons  but  not  more  than  2,250
28        gallons  annually  of  hydrocarbon-based  solvents  in  a
29        drycleaning machine equipped with a solvent reclaimer, or
30        (iii)  more  than  4,000  gallons but not more than 4,500
31        gallons   annually   of   hydrocarbon-based   drycleaning
32        solvents in  a  drycleaning  machine  without  a  solvent
33        reclaimer.
34             (10)  $1,500  for a facility that uses (i) more than
 
                            -21-     LRB093 10190 AMC 12880 a
 1        450  gallons  but  not   more   than   500   gallons   of
 2        chlorine-based  or  green  drycleaning solvents annually,
 3        (ii) more than 2,250 gallons  but  not  more  than  2,500
 4        gallons  annually of hydrocarbon-based solvents used in a
 5        drycleaning machine equipped with a solvent reclaimer, or
 6        (iii) more than 4,500 gallons but  not  more  than  5,000
 7        gallons   annually   of   hydrocarbon-based   drycleaning
 8        solvents  in  a  drycleaning  machine  without  a solvent
 9        reclaimer.
10             (11)  $1,500 for a facility that uses (i) more  than
11        500   gallons   but   not   more   than  550  gallons  of
12        chlorine-based or green  drycleaning  solvents  annually,
13        (ii)  more  than  2,500  gallons  but not more than 2,750
14        gallons  annually  of  hydrocarbon-based  solvents  in  a
15        drycleaning machine equipped with a solvent reclaimer, or
16        (iii) more than 5,000 gallons but  not  more  than  5,500
17        gallons   annually   of   hydrocarbon-based   drycleaning
18        solvents  in  a  drycleaning  machine  without  a solvent
19        reclaimer.
20             (12)  $1,500 for a facility that uses (i) more  than
21        550   gallons   but   not   more   than  600  gallons  of
22        chlorine-based or green  drycleaning  solvents  annually,
23        (ii)  more  than  2,750  gallons  but not more than 3,000
24        gallons  annually  of  hydrocarbon-based  solvents  in  a
25        drycleaning machine equipped with a solvent reclaimer, or
26        (iii) more than 5,500 gallons but  not  more  than  6,000
27        gallons   annually   of   hydrocarbon-based   drycleaning
28        solvents  in  a  drycleaning  machine  without  a solvent
29        reclaimer.
30             (13)  $1,500 for a facility that uses (i) more  than
31        600   gallons  of  chlorine-based  or  green  drycleaning
32        solvents annually, (ii) more than 3,000 gallons  but  not
33        more  than  3,250  gallons  annually of hydrocarbon-based
34        solvents in a drycleaning machine equipped with a solvent
 
                            -22-     LRB093 10190 AMC 12880 a
 1        reclaimer,  or  (iii)  more   than   6,000   gallons   of
 2        hydrocarbon-based  drycleaning  solvents  annually  in  a
 3        drycleaning machine equipped without a solvent reclaimer.
 4             (14)  $1,500  for  a  facility  that  uses more than
 5        3,250 gallons but not more than 3,500 gallons annually of
 6        hydrocarbon-based  solvents  in  a  drycleaning   machine
 7        equipped with a solvent reclaimer.
 8             (15)  $1,500  for  a  facility  that  uses more than
 9        3,500 gallons but not more than 3,750 gallons annually of
10        hydrocarbon-based solvents used in a drycleaning  machine
11        equipped with a solvent reclaimer.
12             (16)  $1,500  for  a  facility  that  uses more than
13        3,750 gallons but not more than 4,000 gallons annually of
14        hydrocarbon-based  solvents  in  a  drycleaning   machine
15        equipped with a solvent reclaimer.
16             (17)  $1,500  for  a  facility  that  uses more than
17        4,000 gallons annually of hydrocarbon-based solvents in a
18        drycleaning machine equipped with a solvent reclaimer.
19        For  purpose  of  this  subsection,   the   quantity   of
20    drycleaning   solvents   used  purchased  annually  shall  be
21    determined as follows:
22             (1)  in  the  case  of  an  initial  applicant,  the
23        quantity  of  drycleaning  solvents  that  the  applicant
24        estimates will be used during his or her initial  license
25        year.   A  fee assessed under this subdivision is subject
26        to audited adjustment for that year; or
27             (2)  in  the  case  of  a  renewal  applicant,   the
28        quantity  of  drycleaning  solvents  actually used in the
29        preceding license year.
30        The Council may adjust licensing fees annually  based  on
31    the  published  Consumer  Price  Index  - All Urban Consumers
32    ("CPI-U") or as otherwise determined by the Council.
33        (d)  A license issued under this Section shall expire one
34    year after the  date  of  issuance  and  may  be  renewed  on
 
                            -23-     LRB093 10190 AMC 12880 a
 1    reapplication  to  the  Council  and  submission  of proof of
 2    payment of the appropriate fee to the Department  of  Revenue
 3    in accordance with subsections (c) and (e).  At least 30 days
 4    before payment of a renewal licensing fee is due, the Council
 5    shall attempt to:
 6             (1)  notify    the   operator   of   each   licensed
 7        drycleaning facility concerning the requirements of  this
 8        Section;  and
 9             (2)  submit  a  license  fee  payment  form  to  the
10        licensed operator of each drycleaning facility.
11        (e)  An  operator  of a drycleaning facility shall submit
12    the appropriate application form provided by the Council with
13    the license fee in the form of cash or guaranteed  remittance
14    to  the  Department of Revenue.  The license fee payment form
15    and the actual license fee payment shall be  administered  by
16    the  Department  of  Revenue  under  rules  adopted  by  that
17    Department.
18        (f)  The  Department  of  Revenue  shall issue a proof of
19    payment receipt to each operator of  a  drycleaning  facility
20    who  has  paid  the  appropriate fee in cash or by guaranteed
21    remittance.  However, the Department  of  Revenue  shall  not
22    issue  a  proof  of payment receipt to a drycleaning facility
23    that is liable to the Department of Revenue for a tax imposed
24    under this Act.  The original receipt shall be  presented  to
25    the Council by the operator of a drycleaning facility.
26        (g)  An  operator  of  a  dry  cleaning  facility  who is
27    required to pay a license fee under this Act and fails to pay
28    the license fee when the fee is due may shall be  assessed  a
29    penalty  of  $5 for each day after the license fee is due and
30    until the license fee is paid. The penalty shall be effective
31    for license fees due on or after July 1, 1999.
32        (h)  The Council and the Department of Revenue may  adopt
33    rules  as  necessary to administer the licensing requirements
34    of this Act.
 
                            -24-     LRB093 10190 AMC 12880 a
 1    (Source: P.A. 90-502, eff. 8-19-97; 91-453, eff. 8-6-99.)

 2        (415 ILCS 135/65)
 3        (Section scheduled to be repealed on January 1, 2010)
 4        Sec. 65. Drycleaning solvent tax.
 5        (a)  On and after January 1, 1998, a tax is imposed  upon
 6    the  use  of  drycleaning  solvent by a person engaged in the
 7    business of operating a drycleaning facility in this State at
 8    the rate of $3.50 per gallon of  perchloroethylene  or  other
 9    chlorinated   drycleaning   solvents   used   in  drycleaning
10    operations,  and  $0.35   per   gallon   of   petroleum-based
11    drycleaning  solvent, and $3.50 per gallon of green solvents,
12    unless the green solvent is used at  a  virgin  facility,  in
13    which  case  the rate is $0.35 per gallon.  The Council shall
14    determine  by  rule  which    products   are   chlorine-based
15    solvents,  and  which  products are petroleum-based solvents,
16    and which  products  are  green  solvents.   All  drycleaning
17    solvents  shall be considered chlorinated solvents unless the
18    Council determines  that  the  solvents  are  petroleum-based
19    drycleaning  solvents  or green solvents subject to the lower
20    tax.
21        (b)  The tax imposed by this Act shall be collected  from
22    the  purchaser at the time of sale by a seller of drycleaning
23    solvents maintaining a place of business in  this  State  and
24    shall  be  remitted  to  the  Department of Revenue under the
25    provisions of this Act.
26        (c)  The tax imposed by this Act that is not collected by
27    a seller of drycleaning solvents shall be  paid  directly  to
28    the Department of Revenue by the purchaser or end user who is
29    subject to the tax imposed by this Act.
30        (d)  No  tax shall be imposed upon the use of drycleaning
31    solvent if the drycleaning solvent will  not  be  used  in  a
32    drycleaning facility or if a floor stock tax has been imposed
33    and  paid  on the drycleaning solvent.  Prior to the purchase
 
                            -25-     LRB093 10190 AMC 12880 a
 1    of the solvent, the purchaser shall  provide  a  written  and
 2    signed certificate to the drycleaning solvent seller stating:
 3             (1)  the name and address of the purchaser;
 4             (2)  the  purchaser's signature and date of signing;
 5        and
 6             (3)  one of the following:
 7                  (A)  that the drycleaning solvent will  not  be
 8             used in a drycleaning facility; or
 9                  (B)  that  a  floor  stock tax has been imposed
10             and paid on the drycleaning solvent.
11        A person who provides a false  certification  under  this
12    subsection  shall be liable for a civil penalty not to exceed
13    $500 for a first violation and a civil penalty not to  exceed
14    $5,000 for a second or subsequent violation.
15        (e)  On  January  1,  1998,  there  is  imposed  on  each
16    operator  of  a  drycleaning  facility  a  tax on drycleaning
17    solvent held by the operator  on  that  date  for  use  in  a
18    drycleaning  facility.  The tax imposed shall be the tax that
19    would  have  been  imposed  under    subsection  (a)  if  the
20    drycleaning solvent held by the operator  on  that  date  had
21    been  purchased by the operator during the first year of this
22    Act.
23        (f)  On or before the 25th day of the 1st month following
24    the end of the calendar  quarter,  a  seller  of  drycleaning
25    solvents  who  has  collected  a tax pursuant to this Section
26    during the previous calendar quarter, or a purchaser  or  end
27    user of drycleaning solvents required under subsection (c) to
28    submit  the  tax  directly  to  the  Department, shall file a
29    return with the Department of Revenue.  The return  shall  be
30    filed  on  a form prescribed by the Department of Revenue and
31    shall contain information  that  the  Department  of  Revenue
32    reasonably  requires,  but  at  a  minimum  will  require the
33    reporting of the volume of drycleaning solvent sold  to  each
34    licensed  drycleaner.  The Department of Revenue shall report
 
                            -26-     LRB093 10190 AMC 12880 a
 1    quarterly to the Council the volume  of  drycleaning  solvent
 2    purchased  for the quarter by each licensed drycleaner.  Each
 3    seller of drycleaning solvent maintaining a place of business
 4    in this State who is required or authorized  to  collect  the
 5    tax  imposed  by  this  Act  shall  pay to the Department the
 6    amount of the tax at the time when he or she is  required  to
 7    file  his  or  her return for the period during which the tax
 8    was collected.  Purchasers or end  users  remitting  the  tax
 9    directly  to the Department under subsection (c) shall file a
10    return with the Department of Revenue  and  pay  the  tax  so
11    incurred  by  the  purchaser or end user during the preceding
12    calendar quarter.
13        (g)  The tax on drycleaning solvents used in  drycleaning
14    facilities  and  the floor stock tax shall be administered by
15    Department of Revenue under rules adopted by that Department.
16        (h)  On and  after  January  1,  1998,  no  person  shall
17    knowingly sell or transfer drycleaning solvent to an operator
18    of a drycleaning facility that is not licensed by the Council
19    under  Section  60.  A person who violates this subsection is
20    liable for a civil penalty not to exceed  $500  for  a  first
21    violation  and  a  civil  penalty  not to exceed $5,000 for a
22    second or subsequent violation.
23        (i)  The  Department  of  Revenue  may  adopt  rules   as
24    necessary to implement this Section.
25    (Source: P.A. 90-502, eff. 8-19-97.)

26        (415 ILCS 135/85)
27        Sec.  85.  Repeal  of fee and tax provisions. Sections 60
28    and 65 of this Act are repealed on January 1, 2020 2010.
29    (Source: P.A. 90-502, eff. 8-19-97; 91-453, eff. 8-6-99.)".