093_SB1000enr

 
SB1000 Enrolled                      LRB093 03184 AMC 03201 b

 1        AN ACT in relation to environmental protection.

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

 4        Section 5.  The Drycleaner Environmental  Response  Trust
 5    Fund  Act  is amended by changing Sections 5, 15, 25, 30, 40,
 6    45, 60, 65, 75, 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
23    this State  that  is  or  has  been  engaged  in  drycleaning
24    operations for the general public, other than a:
25             (1)  facility  located  on  a United States military
26        base;
27             (2)  industrial  laundry,  commercial  laundry,   or
28        linen supply facility;
29             (3)  prison  or other penal institution that engages
30        in drycleaning only as part of a Correctional  Industries
31        program   to  provide  drycleaning  to  persons  who  are
 
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 1        incarcerated in a  prison  or  penal  institution  or  to
 2        resident  patients  of  a  State-operated  mental  health
 3        facility;
 4             (4)  not-for-profit  hospital  or  other health care
 5        facility; or a
 6             (5)  facility located or formerly located on federal
 7        or State property.
 8        (g)  "Drycleaning  operations"   means   drycleaning   of
 9    apparel  and  household  fabrics  for  the general public, as
10    described in Standard Industrial Classification Industry  No.
11    7215  and  No. 7216 in the Standard Industrial Classification
12    Manual  (SIC)  by  the  Technical  Committee  on   Industrial
13    Classification.
14        (h)  "Drycleaning  solvent"  means any and all nonaqueous
15    solvents, including but not limited to  a  chlorine-based  or
16    petroleum-based  hydrocarbon-based  formulation  or  product,
17    including  green  solvents,  that  are  is  used as a primary
18    cleaning agent in drycleaning operations.
19        (i)  "Emergency" or "emergency action" means a  situation
20    or  an  immediate  response  to a situation to protect public
21    health or safety. "Emergency" or "emergency action" does  not
22    mean  removal  of    contaminated  soils,  recovery  of  free
23    product,  or financial hardship. An "emergency" or "emergency
24    action" would normally be  expected to be directly related to
25    a sudden event or discovery and would  last until the  threat
26    to public health is mitigated.
27        (j)  "Groundwater"  means  underground  water that occurs
28    within the saturated zone and geologic  materials  where  the
29    fluid  pressure in the pore space is equal to or greater than
30    the atmospheric pressure.
31        (k)  "Inactive drycleaning facility" means a  drycleaning
32    facility  that  is  not being used for drycleaning operations
33    and is not registered under this Act.
34        (l)  "Maintaining a place of business in this  State"  or
 
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 1    any  like  term  means  (1) having or maintaining within this
 2    State,  directly  or  through  a   subsidiary,   an   office,
 3    distribution   facility,  distribution  house,  sales  house,
 4    warehouse, or other place of business or (2) operating within
 5    this State as an agent or representative for a  person  or  a
 6    person's  subsidiary  engaged  in  the business of selling to
 7    persons within this State, irrespective of whether the  place
 8    of  business  or  agent or other representative is located in
 9    this State permanently or temporary, or whether the person or
10    the person's subsidiary engages in the business of selling in
11    this State.
12        (m)  "No  Further  Remediation  Letter"  means  a  letter
13    provided by the Agency pursuant to  Section  58.10  of  Title
14    XVII of the Environmental Protection Act.
15        (n)  "Operator"  means  a  person  or  entity  holding  a
16    business license to  operate a licensed  drycleaning facility
17    or  the business operation of  which the drycleaning facility
18    is a part.
19        (o)  "Owner"  means  (1)  a  person  who  owns   or   has
20    possession or control of a drycleaning facility at the time a
21    release  is  discovered,  regardless of whether  the facility
22    remains in operation or  (2)  a  parent  corporation  of  the
23    person under item (1) of this subdivision.
24        (p)  "Parent  corporation"  means  a  business  entity or
25    other business   arrangement  that  has  elements  of  common
26    ownership  or  control  or that  uses a long-term contractual
27    arrangement with a person to avoid direct  responsibility for
28    conditions at a drycleaning facility.
29        (q)  "Person" means an  individual,  trust,  firm,  joint
30    stock  company,  corporation,  consortium,  joint venture, or
31    other commercial entity.
32        (r)  "Program year" means the period beginning on July  1
33    and ending on the following June 30.
34        (s)  "Release"  means  any  spilling,  leaking, emitting,
 
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 1    discharging, escaping, leaching, or dispersing of drycleaning
 2    solvents from a drycleaning facility to groundwater,  surface
 3    water, or subsurface soils.
 4        (t)  "Remedial  action" means activities taken to  comply
 5    with Sections 58.6 and 58.7 of the  Environmental  Protection
 6    Act  and  rules  adopted by the Pollution Control Board under
 7    those Sections.
 8        (u)  "Responsible party" means  an  owner,  operator,  or
 9    other person financially responsible for costs of remediation
10    of  a  release  of  drycleaning  solvents  from a drycleaning
11    facility.
12        (v)  "Service  provider"  means  a  consultant,   testing
13    laboratory,    monitoring   well   installer,   soil   boring
14    contractor, other contractor, lender, or any other person who
15    provides  a  product  or  service  for  which  a  claim   for
16    reimbursement  has been or will be filed against the remedial
17    account or insurance account, or a subcontractor  of  such  a
18    person.
19        (w)  "Virgin  facility" means a drycleaning facility that
20    has never had chlorine-based or  petroleum-based  drycleaning
21    solvents  stored or used at the property prior to it becoming
22    a green solvent drycleaning facility.
23    (Source: P.A. 90-502, eff. 8-19-97; 91-453, eff. 8-6-99.)

24        (415 ILCS 135/15)
25        Sec. 15. Creation of Council.
26        (a)  The Drycleaner  Environmental  Response  Trust  Fund
27    Council  is  established  and  shall consist of the following
28    voting members to be appointed by the Governor:
29             (1)  Four  Three  members  who  own  or  operate   a
30        drycleaning  facility.  Two  of  these  members  must  be
31        members  of  the  Illinois  State  Fabricare Association.
32        These members shall serve 3 year terms,  except  that  of
33        the initial members appointed, one shall be appointed for
 
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 1        a  term  of  one year, one for a term of 2 years, and one
 2        for a term of 3 years.
 3             (2)  One    member    who    represents    wholesale
 4        distributors of  drycleaning solvents.  This member shall
 5        serve for a term of 3 years.
 6             (3)  One  member  who  represents  the   drycleaning
 7        equipment    manufacturers  and  vendor  community.  This
 8        member shall serve for a term of 3 years.
 9             (4)  One  member  Two  members  with  experience  in
10        financial  markets or the insurance industry. This member
11        These members shall serve 3-year terms,  except  that  of
12        the  initial  appointments,  one shall be appointed for a
13        term of 2 years, and one for a term of 3 years.
14        Each  member  shall  have  experience,   knowledge,   and
15    expertise relating to the subject matter of this Act.
16        (b)  The  Governor  may  remove any member of the Council
17    for incompetency, neglect of duty, or malfeasance  in  office
18    after  service on him or her of a copy of the written charges
19    against him or her and after an opportunity  to  be  publicly
20    heard  in  person  or by counsel in his or her own defense no
21    earlier than 10 days after the Governor has  provided  notice
22    of  the  opportunity  to  the  Council  member.   Evidence of
23    incompetency, neglect of duty, or malfeasance in  office  may
24    be  provided  to  the  Governor  by the Agency or the Auditor
25    General following the annual audit described in Section 80.
26        (c)  Members of  the  Council  are  entitled  to  receive
27    reimbursement of actual expenses incurred in the discharge of
28    their  duties  within  the limit of funds appropriated to the
29    Council or made available to the Fund.   The  Governor  shall
30    appoint  a  chairperson of the Council from among the members
31    of the Council.
32        (d)  The Attorney General's office or its designee  shall
33    provide legal counsel to  the Council.
34    (Source: P.A. 90-502, eff. 8-19-97.)
 
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 1        (415 ILCS 135/25)
 2        Sec. 25. Powers and duties of the Council.
 3        (a)  The  Council  shall  have  all of the general powers
 4    reasonably necessary and convenient to carry out its purposes
 5    and may perform  the  following  functions,  subject  to  any
 6    express limitations contained in this Act:
 7             (1)  Take   actions   and   enter   into  agreements
 8        necessary to  reimburse claimants for  eligible  remedial
 9        action  expenses,  assist    the  Agency  to  protect the
10        environment from releases, reduce costs  associated  with
11        remedial   actions,   and   establish  and  implement  an
12        insurance program.
13             (2)  Acquire and hold personal property to  be  used
14        for the purpose of  remedial action.
15             (3)  Purchase,  construct,  improve, furnish, equip,
16        lease, option, sell, exchange, or  otherwise  dispose  of
17        one  or more improvements  under the terms it determines.
18        The  Council  may  define  "improvements"  by  rule   for
19        purposes of this Act.
20             (4)  Grant  a  lien,  pledge,  assignment,  or other
21        encumbrance on one or more  revenues,  assets  of  right,
22        accounts,  or funds established or received in connection
23        with the Fund, including revenues derived  from  fees  or
24        taxes collected under this Act.
25             (5)  Contract for the acquisition or construction of
26        one  or  more  improvements  or  parts  of  one  or  more
27        improvements  or  for  the  leasing, subleasing, sale, or
28        other disposition of one or more improvements in a manner
29        the Council determines.
30             (6)  Cooperate with the Agency in the implementation
31        and administration of  this Act to  minimize  unnecessary
32        duplication  of  effort,   reporting, or paperwork and to
33        maximize environmental protection    within  the  funding
34        limits of this Act.
 
SB1000 Enrolled            -7-       LRB093 03184 AMC 03201 b
 1             (7)  Except  as  otherwise  provided by law, inspect
 2        any document in the possession  of  an  owner,  operator,
 3        service  provider, or any other person if the document is
 4        relevant to a claim for reimbursement under this  Section
 5        or  may  inspect a drycleaning facility for which a claim
 6        for benefits under this Act has been submitted.
 7        (b)  The Council shall pre-approve, and  the  contracting
 8    parties  shall seek pre-approval for, a contract entered into
 9    under this Act if the cost of the contract  exceeds  $75,000.
10    The  Council  or  its  designee  shall  review and approve or
11    disapprove   all  contracts  entered  into  under  this  Act.
12    However,  review by the Council or its  designee shall not be
13    required when an emergency situation  exists.  All  contracts
14    entered   into   by   the  Council  shall  be  awarded  on  a
15    competitive basis to the maximum extent practical.  In  those
16    situations  where  it  is  determined  that  bidding  is  not
17    practical,    the    basis    for    the   determination   of
18    impracticability shall be documented by the  Council  or  its
19    designee.
20        (c)  The  Council may prioritize the expenditure of funds
21    from the remedial action account whenever it determines  that
22    there  are not sufficient funds to settle all current claims.
23    In prioritizing, the Council may consider the following:
24             (1)  the degree to which human health is affected by
25        the exposure  posed by the release;
26             (2)  the reduction of risk to human  health  derived
27        from    remedial  action  compared  to  the  cost  of the
28        remedial action;
29             (3)  the present and planned uses  of  the  impacted
30        property; and
31             (4)  other factors as determined by the Council.
32        (d)  The  Council  shall  adopt rules allowing the direct
33    payment  from  the  Fund  to  a   contractor   who   performs
34    remediation.  The  rules  concerning the direct payment shall
 
SB1000 Enrolled            -8-       LRB093 03184 AMC 03201 b
 1    include a provision that any applicable  deductible  must  be
 2    paid  by the drycleaning facility prior to any direct payment
 3    from the Fund.
 4        (e)  The Council may  purchase  reinsurance  coverage  to
 5    reduce  the  Fund's  potential liability for reimbursement of
 6    remedial action costs.
 7    (Source: P.A. 90-502, eff. 8-19-97.)

 8        (415 ILCS 135/30)
 9        Sec. 30.  Independent contractors retained by Council.
10        (a)  A contract entered into to retain a person to act as
11    the administrator of the Fund shall be subject to public bid,
12    provided that no such contract shall be entered into  without
13    the  review  and approval of the Director of the Agency.  The
14    Council may enter into a contract or an agreement  authorized
15    under  this  Act with a person, the Agency, the Department of
16    Revenue,  other  departments,   agencies,   or   governmental
17    subdivisions  of  this  State,  another  state, or the United
18    States,  in  connection  with   its      administration   and
19    implementation of this Act.
20        (b)  The  Council  may  reimburse  a  public  or  private
21    contractor  retained  pursuant  to  this Section for expenses
22    incurred  in  the  execution  of  a  contract  or  agreement.
23    Reimbursable expenses include the costs of performing  duties
24    or powers specifically delegated by the Council.
25    (Source: P.A. 90-502, eff. 8-19-97.)

26        (415 ILCS 135/40)
27        Sec. 40. Remedial action account.
28        (a)  The   remedial  action  account  is  established  to
29    provide reimbursement to eligible claimants  for  drycleaning
30    solvent investigation, remedial action planning, and remedial
31    action    activities   for   existing   drycleaning   solvent
32    contamination discovered at their drycleaning facilities.
 
SB1000 Enrolled            -9-       LRB093 03184 AMC 03201 b
 1        (b)  The following persons are eligible for reimbursement
 2    from the remedial action account:
 3             (1)  In the case of claimant who  is  the  owner  or
 4        operator  of  an active drycleaning  facility licensed by
 5        the Council under this Act at the time of application for
 6        remedial action benefits afforded  under  the  Fund,  the
 7        claimant  is  only eligible for reimbursement of remedial
 8        action costs incurred in connection with a  release  from
 9        that   drycleaning   facility,   subject   to  any  other
10        limitations under this Act.
11             (2)  In the case of a claimant who is the  owner  of
12        an  inactive  drycleaning  facility and  was the owner or
13        operator of the drycleaning facility  when  it  was    an
14        active   drycleaning   facility,  the  claimant  is  only
15        eligible for   reimbursement  of  remedial  action  costs
16        incurred   in   connection   with   a  release  from  the
17        drycleaning facility, subject to  any  other  limitations
18        under this Act.
19        (c)  An  eligible  claimant requesting reimbursement from
20    the remedial action  account shall meet all of the following:
21             (1)  The claimant demonstrates that  the  source  of
22        the release is from  the claimant's drycleaning facility.
23             (2)  At  the  time the release was discovered by the
24        claimant, the claimant and the drycleaning facility  were
25        in  compliance  with  the  Agency reporting and technical
26        operating requirements.
27             (3)  The claimant reported the release in  a  timely
28        manner to  the Agency in accordance with State law.
29             (4)  The claimant applying for reimbursement has not
30        filed  for  bankruptcy on or after the date of his or her
31        discovery of the release.
32             (5)  If the claimant is the owner or operator of  an
33        active drycleaning facility, the claimant has provided to
34        the  Council  proof  of implementation and maintenance of
 
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 1        the following pollution prevention measures:
 2                  (A)  That  all   drycleaning   solvent   wastes
 3             generated  at  a  drycleaning facility be managed in
 4             accordance with applicable  State  waste  management
 5             laws and rules.
 6                  (B)  A   prohibition   on   the   discharge  of
 7             wastewater   from   drycleaning   machines   or   of
 8             drycleaning solvent from drycleaning operations to a
 9             sanitary sewer or septic tank or to the  surface  or
10             in groundwater.
11                  (C)  That every drycleaning facility:
12                       (I)  install  a  containment dike or other
13                  containment structure around each  machine,  or
14                  item  of  equipment,  or the entire drycleaning
15                  area, and portable waste container in which any
16                  drycleaning solvent is utilized, which shall be
17                  capable  of  containing   leaks,   spills,   or
18                  releases   any   leak,  spill,  or  release  of
19                  drycleaning solvent from that machine, item, or
20                  area, or container.  The  containment  dike  or
21                  other containment structure shall be capable of
22                  at   least  the  following:  (i)  containing  a
23                  capacity of 110% of the drycleaning solvent  in
24                  the  largest tank or vessel within the machine;
25                  (ii) containing 100% of the drycleaning solvent
26                  of each item of equipment or drycleaning  area;
27                  and  (iii)  containing  100% of the drycleaning
28                  solvent of the largest portable waste container
29                  or at least 10% of  the  total  volume  of  the
30                  portable  waste  containers  stored  within the
31                  containment dike  or  structure,  whichever  is
32                  greater.
33                       Petroleum underground storage tank systems
34                  that  are  upgraded  in  accordance  with USEPA
 
SB1000 Enrolled            -11-      LRB093 03184 AMC 03201 b
 1                  upgrade standards pursuant to 40 CFR  Part  280
 2                  for  the  tanks  and related piping systems and
 3                  use a leak detection  system  approved  by  the
 4                  USEPA  or  IEPA  are exempt from this secondary
 5                  containment requirement; and
 6                       (II)  seal or otherwise render  impervious
 7                  those portions of diked floor surfaces on which
 8                  a  drycleaning  solvent  may  leak,  spill,  or
 9                  otherwise be released.
10                  (D)  A requirement that all drycleaning solvent
11             shall  be  delivered  to  drycleaning  facilities by
12             means of closed, direct-coupled delivery systems.
13             (6)  An active drycleaning facility  has  maintained
14        continuous    financial   assurance   for   environmental
15        liability coverage in the amount of at least $500,000  at
16        least  since  the  date  of  award of benefits under this
17        Section  or  July  1,  2000,  whichever  is  earlier.  An
18        uninsured  drycleaning  facility  that   has   filed   an
19        application  for  insurance  with  the Fund by January 1,
20        2004, obtained insurance through  that  application,  and
21        maintained  that insurance coverage continuously shall be
22        considered to have conformed  with  the  requirements  of
23        this  subdivision  (6).  To conform with this requirement
24        the applicant  must  pay  the  equivalent  of  the  total
25        premiums  due  for  the  period  beginning  June 30, 2000
26        through the date of application plus a 20% penalty of the
27        total premiums due for that period.
28             (7)  The release was discovered on or after July  1,
29        1997 and before July 1, 2006 2004.
30        (d)  A claimant shall submit a completed application form
31    provided  by  the  Council.   The  application  shall contain
32    documentation  of   activities,   plans,   and   expenditures
33    associated  with the eligible costs incurred in response to a
34    release of drycleaning solvent from a  drycleaning  facility.
 
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 1    Application  for  remedial  action  account  benefits must be
 2    submitted to the Council on or before June 30, 2005 2004.
 3        (e)  Claimants  shall  be  subject   to   the   following
 4    deductible  requirements,  unless  modified  pursuant  to the
 5    Council's authority under Section 75:
 6             (1)  An eligible claimant submitting a claim for  an
 7        active  drycleaning facility is responsible for the first
 8        $5,000 of eligible investigation costs and for the  first
 9        $10,000  of  eligible  remedial  action costs incurred in
10        connection with the release from the drycleaning facility
11        and is only eligible for  reimbursement  for  costs  that
12        exceed those amounts, subject to any other limitations of
13        this Act.
14             (2)  An  eligible claimant submitting a claim for an
15        inactive drycleaning  facility  is  responsible  for  the
16        first $10,000 of eligible investigation costs and for the
17        first  $10,000 of eligible remedial action costs incurred
18        in connection with  the  release  from  that  drycleaning
19        facility,  and  is  only  eligible  for reimbursement for
20        costs that exceed those amounts,  subject  to  any  other
21        limitations of this Act.
22        (f)  Claimants  are  subject to the following limitations
23    on reimbursement:
24             (1)  Subsequent   to    meeting    the    deductible
25        requirements  of  subsection  (e),  and  pursuant  to the
26        requirements  of  Section  75,  reimbursement  shall  not
27        exceed  $300,000  per  active  drycleaning  facility  and
28        $50,000 per inactive drycleaning facility.:
29                  (A)  $160,000 per active  drycleaning  facility
30             for  which an eligible claim is submitted during the
31             program year beginning July 1, 1999;
32                  (B)  $150,000 per active  drycleaning  facility
33             for  which an eligible claim is submitted during the
34             program year beginning July 1, 2000;
 
SB1000 Enrolled            -13-      LRB093 03184 AMC 03201 b
 1                  (C)  $140,000 per active  drycleaning  facility
 2             for  which an eligible claim is submitted during the
 3             program year beginning July 1, 2001;
 4                  (D)  $130,000 per active  drycleaning  facility
 5             for  which an eligible claim is submitted during the
 6             program year beginning July 1, 2002;
 7                  (E)  $120,000 per active  drycleaning  facility
 8             for which an eligible  claim is submitted during the
 9             program year beginning July 1, 2003; or
10                  (F)  $50,000 per inactive drycleaning facility.
11             (2)  A  contract  in which one of the parties to the
12        contract is a claimant, for goods or services that may be
13        payable or reimbursable from the  Council,  is  void  and
14        unenforceable unless and until the Council has found that
15        the  contract  terms  are  within  the range of usual and
16        customary  rates  for  similar  or  equivalent  goods  or
17        services within this State and has found that  the  goods
18        or services are necessary for the claimant to comply with
19        Council   standards   or   other   applicable  regulatory
20        standards.
21             (3)  A claimant may appoint the Council as an  agent
22        for  the purposes of negotiating contracts with suppliers
23        of goods or  services  reimbursable  by  the  Fund.   The
24        Council  may  select  another  contractor  for  goods  or
25        services  other  than  the one offered by the claimant if
26        the scope of the proposed work  or  actual  work  of  the
27        claimant's   offered  contractor  does  not  reflect  the
28        quality of workmanship  required  or  if  the  costs  are
29        determined to be excessive, as determined by the Council.
30             (4)  The  Council  may  require a claimant to obtain
31        and submit 3 bids and  may  require  specific  terms  and
32        conditions in a  contract subject to approval.
33             (5)  The  Council  may  enter  into a contract or an
34        exclusive contract with the supplier of goods or services
 
SB1000 Enrolled            -14-      LRB093 03184 AMC 03201 b
 1        required  by  a  claimant  or  class  of  claimants,   in
 2        connection  with  an  expense reimbursable from the Fund,
 3        for a specified good or service at a gross maximum  price
 4        or fixed rate, and may limit reimbursement accordingly.
 5             (6)  Unless  emergency  conditions  exist, a service
 6        provider shall  obtain  the  Council's  approval  of  the
 7        budget  for  the  remediation  work before commencing the
 8        work.  No expense incurred that  is  above  the  budgeted
 9        amount  shall  be  paid  unless the Council approves  the
10        expense prior to its being incurred.   All  invoices  and
11        bills relating to the remediation work shall be submitted
12        with  appropriate  documentation,  as deemed necessary by
13        the Council, not later than 30 days after  the  work  has
14        been performed.
15             (7)  Neither the Council nor an eligible claimant is
16        responsible  for payment for costs incurred that have not
17        been  previously  approved  by  the  Council,  unless  an
18        emergency exists.
19             (8)  The  Council  may  determine  the   usual   and
20        customary  costs of each item for which reimbursement may
21        be awarded under this Section. The Council may revise the
22        usual and customary costs from time to time as necessary,
23        but costs submitted for reimbursement shall be subject to
24        the rates in effect at the time the costs were incurred.
25             (9)  If a claimant has pollution liability insurance
26        coverage other than coverage provided  by  the  insurance
27        account  under  this Act, that coverage shall be primary.
28        Reimbursement from the remedial account shall be  limited
29        to  the deductible amounts under the primary coverage and
30        the amount that exceeds the policy limits of the  primary
31        coverage,  subject to the deductible amounts of this Act.
32        If there is  a  dispute  between  the  claimant  and  the
33        primary   insurance   provider,  reimbursement  from  the
34        remedial action account may be made to the claimant after
 
SB1000 Enrolled            -15-      LRB093 03184 AMC 03201 b
 1        the claimant  assigns all of his or her interests in  the
 2        insurance coverage to the Council.
 3        (g)  The  source of funds for the remedial action account
 4    shall be moneys allocated  to  the  account  by  the  Council
 5    according to the Fund budget approved by the Council.
 6        (h)  A  drycleaning facility will be classified as active
 7    or inactive for purposes of  determining benefits under  this
 8    Section  based  on  the status of the facility  on the date a
 9    claim is filed.
10        (i)  Eligible claimants shall conduct remedial action  in
11    accordance  with  the  Site  Remediation  Program  under  the
12    Environmental  Protection Act and Part 740 of Title 35 of the
13    Illinois Administrative  Code  and  the  Tiered  Approach  to
14    Cleanup Objectives under Part 742 of Title 35 of the Illinois
15    Administrative Code.
16    (Source: P.A. 90-502, eff. 8-19-97; 91-453, eff. 8-6-99.)

17        (415 ILCS 135/45)
18        Sec. 45. Insurance account.
19        (a)  The   insurance   account   shall   offer  financial
20    assurance for a qualified owner  or operator of a drycleaning
21    facility under the terms and conditions  provided  for  under
22    this Section. Coverage may be provided to either the owner or
23    the  operator  of  a drycleaning facility. The Council is not
24    required to resolve whether the owner or operator,  or  both,
25    are responsible for a release under the terms of an agreement
26    between the owner and operator.
27        (b)  The  source of funds for the insurance account shall
28    be as follows:
29             (1)  Moneys appropriated to the  Council  or  moneys
30        allocated   to  the  insurance  account  by  the  Council
31        according to the Fund budget approved by the Council.
32             (2)  Moneys  collected  as  an  insurance   premium,
33        including service fees, if any.
 
SB1000 Enrolled            -16-      LRB093 03184 AMC 03201 b
 1             (3)  Investment  income  attributed to the insurance
 2        account by the Council.
 3        (c)  An owner or operator may purchase coverage of up  to
 4    $500,000  per  drycleaning  facility subject to the terms and
 5    conditions under  this  Section  and  those  adopted  by  the
 6    Council.  Coverage  shall be limited to remedial action costs
 7    associated with soil and groundwater contamination  resulting
 8    from   a   release  of  drycleaning  solvent  at  an  insured
 9    drycleaning facility,  including  third-party  liability  for
10    soil and groundwater contamination.  Coverage is not provided
11    for a release that occurred before the date of coverage.
12        (d)  An   owner  or  operator,  subject  to  underwriting
13    requirements and terms and conditions  deemed  necessary  and
14    convenient  by  the  Council, may purchase insurance coverage
15    from the insurance  account  provided  that  the  drycleaning
16    facility to be insured meets the following conditions:
17             (1)  a  site investigation designed to identify soil
18        and groundwater contamination resulting from the  release
19        of  a drycleaning solvent has been completed. The Council
20        shall determine if the site  investigation  is  adequate.
21        This  investigation  must  be  completed by June 30, 2006
22        2004.   For  drycleaning  facilities   that   apply   for
23        insurance  coverage  become  active  after  June 30, 2006
24        2004, the site investigation must be completed  prior  to
25        issuance of insurance coverage; and
26             (2)  the  drycleaning  facility  is participating in
27        and meets all requirements of  a  drycleaning  compliance
28        program approved by the Council.
29        (e)  The annual premium for insurance coverage shall be:
30             (1)  For  the  year  July  1,  1999 through June 30,
31        2000, $250 per drycleaning facility.
32             (2)  For the year July  1,  2000  through  June  30,
33        2001, $375 per drycleaning facility.
34             (3)  For  the  year  July  1,  2001 through June 30,
 
SB1000 Enrolled            -17-      LRB093 03184 AMC 03201 b
 1        2002, $500 per drycleaning facility.
 2             (4)  For the year July  1,  2002  through  June  30,
 3        2003, $625 per drycleaning facility.
 4             (5)  For  subsequent  years,  an  owner  or operator
 5        applying   for   coverage    shall    pay    an    annual
 6        actuarially-sound  insurance  premium for coverage by the
 7        insurance account.  The Council may approve Fund coverage
 8        through the  payment  of  a  premium  established  on  an
 9        actuarially-sound  basis,  taking  into consideration the
10        risk to the insurance account presented by  the  insured.
11        Risk    factor    adjustments   utilized   to   determine
12        actuarially-sound insurance premiums should  reflect  the
13        range  of  risk  presented  by the variety of drycleaning
14        systems, monitoring  systems,  drycleaning  volume,  risk
15        management  practices, and other factors as determined by
16        the Council. As used in this item, "actuarially sound" is
17        not limited to Fund premium revenue equaling or exceeding
18        Fund expenditures for the  general  drycleaning  facility
19        population.   Actuarially-determined  premiums  shall  be
20        published  at  least  180  days  prior  to  the  premiums
21        becoming effective.
22        (f)  If coverage is purchased for any part of a year, the
23    purchaser shall pay the full annual premium.   The  insurance
24    premium  is  fully  earned  upon  issuance  of  the insurance
25    policy.
26        (g)  The insurance coverage  shall  be  provided  with  a
27    $10,000 deductible policy.
28        (h)  A  future repeal of this Section shall not terminate
29    the  obligations under this Section or authority necessary to
30    administer  the  obligations  until   the   obligations   are
31    satisfied, including but not limited to the payment of claims
32    filed  prior  to  the  effective  date  of  any future repeal
33    against the insurance account until moneys in the account are
34    exhausted.  Upon exhaustion of the moneys in the account, any
 
SB1000 Enrolled            -18-      LRB093 03184 AMC 03201 b
 1    remaining claims shall be invalid. If moneys  remain  in  the
 2    account  following satisfaction of the obligations under this
 3    Section, the remaining moneys  and  moneys  due  the  account
 4    shall  be  used to assist current insureds to obtain a viable
 5    insuring mechanism as determined by the Council after  public
 6    notice and opportunity for comment.
 7    (Source: P.A. 90-502, eff. 8-19-97; 91-453, eff. 8-6-99.)

 8        (415 ILCS 135/60)
 9        (Section scheduled to be repealed on January 1, 2010)
10        Sec. 60. Drycleaning facility license.
11        (a)  On  and  after  January  1,  1998,  no  person shall
12    operate a  drycleaning  facility  in  this  State  without  a
13    license issued by the Council.
14        (b)  The  Council  shall  issue  an  initial  or  renewal
15    license  to  a  drycleaning  facility  on  submission  by  an
16    applicant  of  a completed form prescribed by the Council and
17    proof of payment of the required fee  to  the  Department  of
18    Revenue.
19        (c)  On  or  after  January  1, 2004, the annual fees for
20    licensure are as follows:
21             (1)  $500 for a facility that uses (i) 50  purchases
22        140   gallons   or   less   of  chlorine-based  or  green
23        drycleaning solvents annually, (ii) 250 or  less  gallons
24        annually  of  hydrocarbon-based drycleaning solvents in a
25        drycleaning machine equipped with a solvent reclaimer, or
26        (iii)   500   1400   gallons   or   less   annually    of
27        hydrocarbon-based  drycleaning  solvents in a drycleaning
28        machine without a solvent reclaimer annually.
29             (2)  $500  $1,000  for  a  facility  that  uses  (i)
30        purchases more than 50 140 gallons but not more than  100
31        less   than   360  gallons  of  chlorine-based  or  green
32        drycleaning solvents annually, (ii) more than 250 gallons
33        but not more 500 gallons  annually  of  hydrocarbon-based
 
SB1000 Enrolled            -19-      LRB093 03184 AMC 03201 b
 1        solvents in a drycleaning machine equipped with a solvent
 2        reclaimer,  or  (iii)  more than 500 1400 gallons but not
 3        more than  1,000  less  than  3600  gallons  annually  of
 4        hydrocarbon-based  drycleaning  solvents in a drycleaning
 5        machine without a solvent reclaimer annually.
 6             (3)  $500 $1,500 for a facility that uses  (i)  more
 7        than  100  purchases  360  gallons  but not more than 150
 8        gallons or more of chlorine-based  or  green  drycleaning
 9        solvents  annually,  (ii)  more  than 500 gallons but not
10        more  than  750  gallons  annually  of  hydrocarbon-based
11        solvents in a drycleaning machine equipped with a solvent
12        reclaimer, or (iii) more than 1,000 gallons but not  more
13        than  1,500  gallons  annually  3600  gallons  or more of
14        hydrocarbon-based drycleaning solvents in  a  drycleaning
15        machine without a solvent reclaimer annually.
16             (4)  $1,000  for  a facility that uses (i) more than
17        150  gallons  but  not   more   than   200   gallons   of
18        chlorine-based  or  green  drycleaning solvents annually,
19        (ii) more than  750  gallons  but  not  more  than  1,000
20        gallons  annually  of  hydrocarbon-based  solvents  in  a
21        drycleaning machine equipped with a solvent reclaimer, or
22        (iii)  more  than  1,500  gallons but not more than 2,000
23        gallons   annually   of   hydrocarbon-based   drycleaning
24        solvents in  a  drycleaning  machine  without  a  solvent
25        reclaimer.
26             (5)  $1,000  for  a facility that uses (i) more than
27        200  gallons  but  not   more   than   250   gallons   of
28        chlorine-based  or  green  drycleaning solvents annually,
29        (ii) more than 1,000 gallons  but  not  more  than  1,250
30        gallons  annually  of  hydrocarbon-based  solvents  in  a
31        drycleaning machine equipped with a solvent reclaimer, or
32        (iii)  more  than  2,000  gallons but not more than 2,500
33        gallons   annually   of   hydrocarbon-based   drycleaning
34        solvents in  a  drycleaning  machine  without  a  solvent
 
SB1000 Enrolled            -20-      LRB093 03184 AMC 03201 b
 1        reclaimer.
 2             (6)  $1,000  for  a facility that uses (i) more than
 3        250  gallons  but  not   more   than   300   gallons   of
 4        chlorine-based  or  green  drycleaning solvents annually,
 5        (ii) more than 1,250 gallons  but  not  more  than  1,500
 6        gallons  annually  of  hydrocarbon-based  solvents  in  a
 7        drycleaning machine equipped with a solvent reclaimer, or
 8        (iii)  more  than  2,500  gallons but not more than 3,000
 9        gallons   annually   of   hydrocarbon-based   drycleaning
10        solvents in  a  drycleaning  machine  without  a  solvent
11        reclaimer.
12             (7)  $1,000  for  a facility that uses (i) more than
13        300  gallons  but  not   more   than   350   gallons   of
14        chlorine-based  or  green  drycleaning solvents annually,
15        (ii) more than 1,500 gallons  but  not  more  than  1,750
16        gallons  annually  of  hydrocarbon-based  solvents  in  a
17        drycleaning machine equipped with a solvent reclaimer, or
18        (iii)  more  than  3,000  gallons but not more than 3,500
19        gallons   annually   of   hydrocarbon-based   drycleaning
20        solvents in  a  drycleaning  machine  without  a  solvent
21        reclaimer.
22             (8)  $1,500  for  a facility that uses (i) more than
23        350  gallons  but  not   more   than   400   gallons   of
24        chlorine-based  or  green  drycleaning solvents annually,
25        (ii) more than 1,750 gallons  but  not  more  than  2,000
26        gallons  annually  of  hydrocarbon-based  solvents  in  a
27        drycleaning machine equipped with a solvent reclaimer, or
28        (iii)  more  than  3,500  gallons but not more than 4,000
29        gallons   annually   of   hydrocarbon-based   drycleaning
30        solvents in  a  drycleaning  machine  without  a  solvent
31        reclaimer.
32             (9)  $1,500  for  a facility that uses (i) more than
33        400  gallons  but  not   more   than   450   gallons   of
34        chlorine-based  or  green  drycleaning solvents annually,
 
SB1000 Enrolled            -21-      LRB093 03184 AMC 03201 b
 1        (ii) more than 2,000 gallons  but  not  more  than  2,250
 2        gallons  annually  of  hydrocarbon-based  solvents  in  a
 3        drycleaning machine equipped with a solvent reclaimer, or
 4        (iii)  more  than  4,000  gallons but not more than 4,500
 5        gallons   annually   of   hydrocarbon-based   drycleaning
 6        solvents in  a  drycleaning  machine  without  a  solvent
 7        reclaimer.
 8             (10)  $1,500  for a facility that uses (i) more than
 9        450  gallons  but  not   more   than   500   gallons   of
10        chlorine-based  or  green  drycleaning solvents annually,
11        (ii) more than 2,250 gallons  but  not  more  than  2,500
12        gallons  annually of hydrocarbon-based solvents used in a
13        drycleaning machine equipped with a solvent reclaimer, or
14        (iii) more than 4,500 gallons but  not  more  than  5,000
15        gallons   annually   of   hydrocarbon-based   drycleaning
16        solvents  in  a  drycleaning  machine  without  a solvent
17        reclaimer.
18             (11)  $1,500 for a facility that uses (i) more  than
19        500   gallons   but   not   more   than  550  gallons  of
20        chlorine-based or green  drycleaning  solvents  annually,
21        (ii)  more  than  2,500  gallons  but not more than 2,750
22        gallons  annually  of  hydrocarbon-based  solvents  in  a
23        drycleaning machine equipped with a solvent reclaimer, or
24        (iii) more than 5,000 gallons but  not  more  than  5,500
25        gallons   annually   of   hydrocarbon-based   drycleaning
26        solvents  in  a  drycleaning  machine  without  a solvent
27        reclaimer.
28             (12)  $1,500 for a facility that uses (i) more  than
29        550   gallons   but   not   more   than  600  gallons  of
30        chlorine-based or green  drycleaning  solvents  annually,
31        (ii)  more  than  2,750  gallons  but not more than 3,000
32        gallons  annually  of  hydrocarbon-based  solvents  in  a
33        drycleaning machine equipped with a solvent reclaimer, or
34        (iii) more than 5,500 gallons but  not  more  than  6,000
 
SB1000 Enrolled            -22-      LRB093 03184 AMC 03201 b
 1        gallons   annually   of   hydrocarbon-based   drycleaning
 2        solvents  in  a  drycleaning  machine  without  a solvent
 3        reclaimer.
 4             (13)  $1,500 for a facility that uses (i) more  than
 5        600   gallons  of  chlorine-based  or  green  drycleaning
 6        solvents annually, (ii) more than 3,000 gallons  but  not
 7        more  than  3,250  gallons  annually of hydrocarbon-based
 8        solvents in a drycleaning machine equipped with a solvent
 9        reclaimer,  or  (iii)  more   than   6,000   gallons   of
10        hydrocarbon-based  drycleaning  solvents  annually  in  a
11        drycleaning machine equipped without a solvent reclaimer.
12             (14)  $1,500  for  a  facility  that  uses more than
13        3,250 gallons but not more than 3,500 gallons annually of
14        hydrocarbon-based  solvents  in  a  drycleaning   machine
15        equipped with a solvent reclaimer.
16             (15)  $1,500  for  a  facility  that  uses more than
17        3,500 gallons but not more than 3,750 gallons annually of
18        hydrocarbon-based solvents used in a drycleaning  machine
19        equipped with a solvent reclaimer.
20             (16)  $1,500  for  a  facility  that  uses more than
21        3,750 gallons but not more than 4,000 gallons annually of
22        hydrocarbon-based  solvents  in  a  drycleaning   machine
23        equipped with a solvent reclaimer.
24             (17)  $1,500  for  a  facility  that  uses more than
25        4,000 gallons annually of hydrocarbon-based solvents in a
26        drycleaning machine equipped with a solvent reclaimer.
27        For  purpose  of  this  subsection,   the   quantity   of
28    drycleaning   solvents   used  purchased  annually  shall  be
29    determined as follows:
30             (1)  in  the  case  of  an  initial  applicant,  the
31        quantity  of  drycleaning  solvents  that  the  applicant
32        estimates will be used during his or her initial  license
33        year.   A  fee assessed under this subdivision is subject
34        to audited adjustment for that year; or
 
SB1000 Enrolled            -23-      LRB093 03184 AMC 03201 b
 1             (2)  in  the  case  of  a  renewal  applicant,   the
 2        quantity  of  drycleaning  solvents  actually used in the
 3        preceding license year.
 4        The Council may adjust licensing fees annually  based  on
 5    the  published  Consumer  Price  Index  - All Urban Consumers
 6    ("CPI-U") or as otherwise determined by the Council.
 7        (d)  A license issued under this Section shall expire one
 8    year after the  date  of  issuance  and  may  be  renewed  on
 9    reapplication  to  the  Council  and  submission  of proof of
10    payment of the appropriate fee to the Department  of  Revenue
11    in accordance with subsections (c) and (e).  At least 30 days
12    before payment of a renewal licensing fee is due, the Council
13    shall attempt to:
14             (1)  notify    the   operator   of   each   licensed
15        drycleaning facility concerning the requirements of  this
16        Section;  and
17             (2)  submit  a  license  fee  payment  form  to  the
18        licensed operator of each drycleaning facility.
19        (e)  An  operator  of a drycleaning facility shall submit
20    the appropriate application form provided by the Council with
21    the license fee in the form of cash or guaranteed  remittance
22    to  the  Department of Revenue.  The license fee payment form
23    and the actual license fee payment shall be  administered  by
24    the  Department  of  Revenue  under  rules  adopted  by  that
25    Department.
26        (f)  The  Department  of  Revenue  shall issue a proof of
27    payment receipt to each operator of  a  drycleaning  facility
28    who  has  paid  the  appropriate fee in cash or by guaranteed
29    remittance.  However, the Department  of  Revenue  shall  not
30    issue  a  proof  of payment receipt to a drycleaning facility
31    that is liable to the Department of Revenue for a tax imposed
32    under this Act.  The original receipt shall be  presented  to
33    the Council by the operator of a drycleaning facility.
34        (g)  An  operator  of  a  dry  cleaning  facility  who is
 
SB1000 Enrolled            -24-      LRB093 03184 AMC 03201 b
 1    required to pay a license fee under this Act and fails to pay
 2    the license fee when the fee is due may shall be  assessed  a
 3    penalty  of  $5 for each day after the license fee is due and
 4    until the license fee is paid. The penalty shall be effective
 5    for license fees due on or after July 1, 1999.
 6        (h)  The Council and the Department of Revenue may  adopt
 7    rules  as  necessary to administer the licensing requirements
 8    of this Act.
 9    (Source: P.A. 90-502, eff. 8-19-97; 91-453, eff. 8-6-99.)

10        (415 ILCS 135/65)
11        (Section scheduled to be repealed on January 1, 2010)
12        Sec. 65. Drycleaning solvent tax.
13        (a)  On and after January 1, 1998, a tax is imposed  upon
14    the  use  of  drycleaning  solvent by a person engaged in the
15    business of operating a drycleaning facility in this State at
16    the rate of $3.50 per gallon of  perchloroethylene  or  other
17    chlorinated   drycleaning   solvents   used   in  drycleaning
18    operations,  and  $0.35   per   gallon   of   petroleum-based
19    drycleaning  solvent, and $1.75 per gallon of green solvents,
20    unless the green solvent is used at  a  virgin  facility,  in
21    which  case  the rate is $0.35 per gallon.  The Council shall
22    determine  by  rule  which    products   are   chlorine-based
23    solvents,  and  which  products are petroleum-based solvents,
24    and which  products  are  green  solvents.   All  drycleaning
25    solvents  shall be considered chlorinated solvents unless the
26    Council determines  that  the  solvents  are  petroleum-based
27    drycleaning  solvents  or green solvents subject to the lower
28    tax.
29        (b)  The tax imposed by this Act shall be collected  from
30    the  purchaser at the time of sale by a seller of drycleaning
31    solvents maintaining a place of business in  this  State  and
32    shall  be  remitted  to  the  Department of Revenue under the
33    provisions of this Act.
 
SB1000 Enrolled            -25-      LRB093 03184 AMC 03201 b
 1        (c)  The tax imposed by this Act that is not collected by
 2    a seller of drycleaning solvents shall be  paid  directly  to
 3    the Department of Revenue by the purchaser or end user who is
 4    subject to the tax imposed by this Act.
 5        (d)  No  tax shall be imposed upon the use of drycleaning
 6    solvent if the drycleaning solvent will  not  be  used  in  a
 7    drycleaning facility or if a floor stock tax has been imposed
 8    and  paid  on the drycleaning solvent.  Prior to the purchase
 9    of the solvent, the purchaser shall  provide  a  written  and
10    signed certificate to the drycleaning solvent seller stating:
11             (1)  the name and address of the purchaser;
12             (2)  the  purchaser's signature and date of signing;
13        and
14             (3)  one of the following:
15                  (A)  that the drycleaning solvent will  not  be
16             used in a drycleaning facility; or
17                  (B)  that  a  floor  stock tax has been imposed
18             and paid on the drycleaning solvent.
19        A person who provides a false  certification  under  this
20    subsection  shall be liable for a civil penalty not to exceed
21    $500 for a first violation and a civil penalty not to  exceed
22    $5,000 for a second or subsequent violation.
23        (e)  On  January  1,  1998,  there  is  imposed  on  each
24    operator  of  a  drycleaning  facility  a  tax on drycleaning
25    solvent held by the operator  on  that  date  for  use  in  a
26    drycleaning  facility.  The tax imposed shall be the tax that
27    would  have  been  imposed  under    subsection  (a)  if  the
28    drycleaning solvent held by the operator  on  that  date  had
29    been  purchased by the operator during the first year of this
30    Act.
31        (f)  On or before the 25th day of the 1st month following
32    the end of the calendar  quarter,  a  seller  of  drycleaning
33    solvents  who  has  collected  a tax pursuant to this Section
34    during the previous calendar quarter, or a purchaser  or  end
 
SB1000 Enrolled            -26-      LRB093 03184 AMC 03201 b
 1    user of drycleaning solvents required under subsection (c) to
 2    submit  the  tax  directly  to  the  Department, shall file a
 3    return with the Department of Revenue.  The return  shall  be
 4    filed  on  a form prescribed by the Department of Revenue and
 5    shall contain information  that  the  Department  of  Revenue
 6    reasonably  requires,  but  at  a  minimum  will  require the
 7    reporting of the volume of drycleaning solvent sold  to  each
 8    licensed  drycleaner.  The Department of Revenue shall report
 9    quarterly to the Council the volume  of  drycleaning  solvent
10    purchased  for the quarter by each licensed drycleaner.  Each
11    seller of drycleaning solvent maintaining a place of business
12    in this State who is required or authorized  to  collect  the
13    tax  imposed  by  this  Act  shall  pay to the Department the
14    amount of the tax at the time when he or she is  required  to
15    file  his  or  her return for the period during which the tax
16    was collected.  Purchasers or end  users  remitting  the  tax
17    directly  to the Department under subsection (c) shall file a
18    return with the Department of Revenue  and  pay  the  tax  so
19    incurred  by  the  purchaser or end user during the preceding
20    calendar quarter.
21        (g)  The tax on drycleaning solvents used in  drycleaning
22    facilities  and  the floor stock tax shall be administered by
23    Department of Revenue under rules adopted by that Department.
24        (h)  On and  after  January  1,  1998,  no  person  shall
25    knowingly sell or transfer drycleaning solvent to an operator
26    of a drycleaning facility that is not licensed by the Council
27    under  Section  60.  A person who violates this subsection is
28    liable for a civil penalty not to exceed  $500  for  a  first
29    violation  and  a  civil  penalty  not to exceed $5,000 for a
30    second or subsequent violation.
31        (i)  The  Department  of  Revenue  may  adopt  rules   as
32    necessary to implement this Section.
33    (Source: P.A. 90-502, eff. 8-19-97.)
 
SB1000 Enrolled            -27-      LRB093 03184 AMC 03201 b
 1        (415 ILCS 135/75)
 2        Sec.  75. Adjustment of fees and taxes. Beginning January
 3    1, 2000, and annually after that date,  the    Council  shall
 4    adjust  the copayment obligation of subsection (e) of Section
 5    40, the drycleaning solvent taxes of Section 65, the  license
 6    fees of Section 60, or any combination of adjustment of each,
 7    after  notice and opportunity for public comment, in a manner
 8    determined necessary and appropriate to ensure  viability  of
 9    the  Fund  and  to  encourage  the  owner  or  operator  of a
10    drycleaning facility to use green solvents.  Viability of the
11    Fund shall consider the  settlement  of  all  current  claims
12    subject to prioritization of benefits under subsection (c) of
13    Section 25, consistent with the purposes of this Act.
14    (Source: P.A. 90-502, eff. 8-19-97; 91-453, eff. 8-6-99.)

15        (415 ILCS 135/85)
16        Sec.  85.  Repeal  of fee and tax provisions. Sections 60
17    and 65 of this Act are repealed on January 1, 2020 2010.
18    (Source: P.A. 90-502, eff. 8-19-97; 91-453, eff. 8-6-99.)