HB2777 EnrolledLRB097 08414 JDS 48541 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Drycleaner Environmental Response Trust
5Fund Act is amended by changing Sections 60 and 69 as follows:
 
6    (415 ILCS 135/60)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 60. Drycleaning facility license.
9    (a) On and after January 1, 1998, no person shall operate a
10drycleaning facility in this State without a license issued by
11the Council.
12    (b) The Council shall issue an initial or renewal license
13to a drycleaning facility on submission by an applicant of a
14completed form prescribed by the Council and proof of payment
15of the required fee to the Department of Revenue.
16    (c) On or after January 1, 2004, the annual fees for
17licensure are as follows:
18        (1) $500 for a facility that uses (i) 50 gallons or
19    less of chlorine-based or green drycleaning solvents
20    annually, (ii) 250 or less gallons annually of
21    hydrocarbon-based drycleaning solvents in a drycleaning
22    machine equipped with a solvent reclaimer, or (iii) 500
23    gallons or less annually of hydrocarbon-based drycleaning

 

 

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1    solvents in a drycleaning machine without a solvent
2    reclaimer.
3        (2) $500 for a facility that uses (i) more than 50
4    gallons but not more than 100 gallons of chlorine-based or
5    green drycleaning solvents annually, (ii) more than 250
6    gallons but not more 500 gallons annually of
7    hydrocarbon-based solvents in a drycleaning machine
8    equipped with a solvent reclaimer, or (iii) more than 500
9    gallons but not more than 1,000 gallons annually of
10    hydrocarbon-based drycleaning solvents in a drycleaning
11    machine without a solvent reclaimer.
12        (3) $500 for a facility that uses (i) more than 100
13    gallons but not more than 150 gallons of chlorine-based or
14    green drycleaning solvents annually, (ii) more than 500
15    gallons but not more than 750 gallons annually of
16    hydrocarbon-based solvents in a drycleaning machine
17    equipped with a solvent reclaimer, or (iii) more than 1,000
18    gallons but not more than 1,500 gallons annually of
19    hydrocarbon-based drycleaning solvents in a drycleaning
20    machine without a solvent reclaimer.
21        (4) $1,000 for a facility that uses (i) more than 150
22    gallons but not more than 200 gallons of chlorine-based or
23    green drycleaning solvents annually, (ii) more than 750
24    gallons but not more than 1,000 gallons annually of
25    hydrocarbon-based solvents in a drycleaning machine
26    equipped with a solvent reclaimer, or (iii) more than 1,500

 

 

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1    gallons but not more than 2,000 gallons annually of
2    hydrocarbon-based drycleaning solvents in a drycleaning
3    machine without a solvent reclaimer.
4        (5) $1,000 for a facility that uses (i) more than 200
5    gallons but not more than 250 gallons of chlorine-based or
6    green drycleaning solvents annually, (ii) more than 1,000
7    gallons but not more than 1,250 gallons annually of
8    hydrocarbon-based solvents in a drycleaning machine
9    equipped with a solvent reclaimer, or (iii) more than 2,000
10    gallons but not more than 2,500 gallons annually of
11    hydrocarbon-based drycleaning solvents in a drycleaning
12    machine without a solvent reclaimer.
13        (6) $1,000 for a facility that uses (i) more than 250
14    gallons but not more than 300 gallons of chlorine-based or
15    green drycleaning solvents annually, (ii) more than 1,250
16    gallons but not more than 1,500 gallons annually of
17    hydrocarbon-based solvents in a drycleaning machine
18    equipped with a solvent reclaimer, or (iii) more than 2,500
19    gallons but not more than 3,000 gallons annually of
20    hydrocarbon-based drycleaning solvents in a drycleaning
21    machine without a solvent reclaimer.
22        (7) $1,000 for a facility that uses (i) more than 300
23    gallons but not more than 350 gallons of chlorine-based or
24    green drycleaning solvents annually, (ii) more than 1,500
25    gallons but not more than 1,750 gallons annually of
26    hydrocarbon-based solvents in a drycleaning machine

 

 

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

 

 

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

 

 

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1    3,250 gallons annually of hydrocarbon-based solvents in a
2    drycleaning machine equipped with a solvent reclaimer, or
3    (iii) more than 6,000 gallons of hydrocarbon-based
4    drycleaning solvents annually in a drycleaning machine
5    equipped without a solvent reclaimer.
6        (14) $1,500 for a facility that uses more than 3,250
7    gallons but not more than 3,500 gallons annually of
8    hydrocarbon-based solvents in a drycleaning machine
9    equipped with a solvent reclaimer.
10        (15) $1,500 for a facility that uses more than 3,500
11    gallons but not more than 3,750 gallons annually of
12    hydrocarbon-based solvents used in a drycleaning machine
13    equipped with a solvent reclaimer.
14        (16) $1,500 for a facility that uses more than 3,750
15    gallons but not more than 4,000 gallons annually of
16    hydrocarbon-based solvents in a drycleaning machine
17    equipped with a solvent reclaimer.
18        (17) $1,500 for a facility that uses more than 4,000
19    gallons annually of hydrocarbon-based solvents in a
20    drycleaning machine equipped with a solvent reclaimer.
21    For purpose of this subsection, the quantity of drycleaning
22solvents used annually shall be determined as follows:
23        (1) in the case of an initial applicant, the quantity
24    of drycleaning solvents that the applicant estimates will
25    be used during his or her initial license year. A fee
26    assessed under this subdivision is subject to audited

 

 

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1    adjustment for that year; or
2        (2) in the case of a renewal applicant, the quantity of
3    drycleaning solvents actually purchased in the preceding
4    license year.
5    The Council may adjust licensing fees annually based on the
6published Consumer Price Index - All Urban Consumers ("CPI-U")
7or as otherwise determined by the Council.
8    (d) A license issued under this Section shall expire one
9year after the date of issuance and may be renewed on
10reapplication to the Council and submission of proof of payment
11of the appropriate fee to the Department of Revenue in
12accordance with subsections (c) and (e). At least 30 days
13before payment of a renewal licensing fee is due, the Council
14shall attempt to:
15        (1) notify the operator of each licensed drycleaning
16    facility concerning the requirements of this Section; and
17        (2) submit a license fee payment form to the licensed
18    operator of each drycleaning facility.
19    (e) An operator of a drycleaning facility shall submit the
20appropriate application form provided by the Council with the
21license fee in the form of cash, credit card, business check,
22or guaranteed remittance to the Department of Revenue. The
23license fee payment form and the actual license fee payment
24shall be administered by the Department of Revenue under rules
25adopted by that Department.
26    (f) The Department of Revenue shall issue a proof of

 

 

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1payment receipt to each operator of a drycleaning facility who
2has paid the appropriate fee in cash or by guaranteed
3remittance, credit card, or business check. However, the
4Department of Revenue shall not issue a proof of payment
5receipt to a drycleaning facility that is liable to the
6Department of Revenue for a tax imposed under this Act. The
7original receipt shall be presented to the Council by the
8operator of a drycleaning facility.
9    (g) (Blank).
10    (h) The Council and the Department of Revenue may adopt
11rules as necessary to administer the licensing requirements of
12this Act.
13(Source: P.A. 96-774, eff. 1-1-10.)
 
14    (415 ILCS 135/69)
15    Sec. 69. Civil penalties.
16    (a) Except as provided in this Section, any person who
17violates any provision of this Act or any regulation adopted by
18the Council, or any license or registration or term or
19condition thereof, or that violates any order of the Council
20under this Act, shall be liable for a civil penalty as provided
21in this Section. The penalties may, upon order of the Council
22or a court of competent jurisdiction, be made payable to the
23Drycleaner Environmental Response Trust Fund, to be used in
24accordance with the provisions of the Drycleaner Environmental
25Response Trust Fund Act.

 

 

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1    (b) Notwithstanding the provisions of subsection (a) of
2this Section:
3        (1) Any person who violates subsection (a) of Section
4    60 Section 60(a) of this Act by failing to pay the license
5    fee when due, may be assessed a civil penalty of $5 per day
6    for each day after the license fee is due until the license
7    fee is paid. The penalty shall be effective for license
8    fees due on or after July 1, 1999 and before June 30, 2011.
9    For license fees due on or after July 1, 2011, any person
10    who violates subsection (a) of Section 60 of this Act by
11    failing to pay the license fee when due may be assessed a
12    civil penalty, beginning on the 31st day after the license
13    fee is due, in the following amounts: (i) beginning on the
14    31st day after the license fee is due and until the 60th
15    day after the license fee is due, $3 for each day during
16    which the license fee is not paid and (ii) beginning on the
17    61st day after the license fee is due and until the license
18    fee is paid, $5 for each day during which the license fee
19    is not paid.
20        (2) Any person who violates subsection (d) or (h) of
21    Section 65 Section 65(d) or 65(h) of this Act shall be
22    liable for a civil penalty not to exceed $500 for the first
23    violation and a civil penalty not to exceed $5,000 for a
24    second or subsequent violation.
25        (3) Any person who violates Section 67 of this Act
26    shall be liable for a civil penalty not to exceed $100 per

 

 

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1    day for each day the person is not registered to sell
2    drycleaning solvents.
3    (c) The Council shall issue an administrative assessment
4setting forth any penalties it imposes under subsection (b) of
5this Section and shall serve notice of the assessment upon the
6party assessed. The Council's determination shall be deemed
7correct and shall serve as evidence of the correctness of the
8Council's determination that a penalty is due. Proof of a
9determination by the Council may be made at any administrative
10hearing or in any legal proceeding by a reproduced copy or
11computer print-out of the Council's record relating thereto in
12the name of the Council under the certificate of the Council.
13    If reproduced copies of the Council's records are offered
14as proof of a penalty assessment, the Council must certify that
15those copies are true and exact copies of records on file with
16the Council. If computer print-outs of the Council's records
17are offered as proof of a determination, the Council Chairman
18must certify that those computer print-outs are true and exact
19representations of records properly entered into standard
20electronic computing equipment, in the regular course of the
21Council's business, at or reasonably near the time of the
22occurrence of the facts recorded, from trustworthy and reliable
23information. A certified reproduced copy or certified computer
24print-out shall, without further proof, be admitted into
25evidence in any administrative or legal proceeding and is prima
26facie proof of the correctness of the Council's determination.

 

 

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1    Whenever notice is required by this Section, the notice may
2be given by United States registered or certified mail,
3addressed to the person concerned at his last known address,
4and proof of mailing shall be sufficient for the purposes of
5this Act. Notice of any hearing provided for by this Act shall
6be given not less than 7 days before the day fixed for the
7hearing. Following the initial contact of a person represented
8by an attorney, the Council shall not contact that person but
9shall only contact the attorney representing that person.
10    (d) The penalties provided for in this Section may be
11recovered in a civil action instituted by the Attorney General
12in the name of the people of the State of Illinois.
13    (e) The Attorney General may also, at the request of the
14Council or on his or her own motion, institute a civil action
15for an injunction, prohibitory or mandatory, to restrain
16violations of this Act, any rule or regulation adopted under
17this Act, any license or registration or term or condition of a
18license or registration, or any Council order, or to require
19other actions as may be necessary to address violations
20thereof.
21    (f) Without limiting any other authority which may exist
22for the awarding of attorney's fees and costs, the Council, or
23a court of competent jurisdiction, may award costs and
24reasonable attorney's fees, including the reasonable costs of
25expert witnesses and consultants, to the Attorney General in a
26case where the Attorney General has prevailed against a person

 

 

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1who has committed a willful, knowing, or repeated violation of
2this Act, any rule or regulation adopted under this Act, any
3license or registration or term or condition of a license or
4registration, or any Council order. Any funds collected under
5this subsection (f) in which the Attorney General has prevailed
6shall be deposited in the Drycleaner Environmental Response
7Trust Fund created in Section 10 of this Act.
8    (g) All final orders imposing civil penalties under this
9Section shall prescribe the time for payment of the penalties.
10If any penalty is not paid within the time prescribed, interest
11on the penalty shall be paid, at the rate set forth in Section
123-2 of the Illinois Uniform Penalty and Interest Act, for the
13period from the date payment is due until the date payment is
14received. However, if the time for payment is stayed during the
15pendency of an appeal, interest shall not accrue during the
16stay.
17(Source: P.A. 96-774, eff. 1-1-10.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.