Rep. Michael W. Tryon

Filed: 4/13/2011

 

 


 

 


 
09700HB2777ham001LRB097 08414 JDS 53457 a

1
AMENDMENT TO HOUSE BILL 2777

2    AMENDMENT NO. ______. Amend House Bill 2777 by replacing
3everything after the enacting clause with the following:
 
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7    (Section scheduled to be repealed on January 1, 2020)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

 

 

09700HB2777ham001- 2 -LRB097 08414 JDS 53457 a

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

 

 

09700HB2777ham001- 3 -LRB097 08414 JDS 53457 a

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

 

 

09700HB2777ham001- 4 -LRB097 08414 JDS 53457 a

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

 

 

09700HB2777ham001- 5 -LRB097 08414 JDS 53457 a

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

 

 

09700HB2777ham001- 6 -LRB097 08414 JDS 53457 a

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

 

 

09700HB2777ham001- 7 -LRB097 08414 JDS 53457 a

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

 

 

09700HB2777ham001- 8 -LRB097 08414 JDS 53457 a

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

 

 

09700HB2777ham001- 9 -LRB097 08414 JDS 53457 a

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

 

 

09700HB2777ham001- 10 -LRB097 08414 JDS 53457 a

1        (2) Any person who violates subsection (d) or (h) of
2    Section 65 Section 65(d) or 65(h) of this Act shall be
3    liable for a civil penalty not to exceed $500 for the first
4    violation and a civil penalty not to exceed $5,000 for a
5    second or subsequent violation.
6        (3) Any person who violates Section 67 of this Act
7    shall be liable for a civil penalty not to exceed $100 per
8    day for each day the person is not registered to sell
9    drycleaning solvents.
10    (c) The Council shall issue an administrative assessment
11setting forth any penalties it imposes under subsection (b) of
12this Section and shall serve notice of the assessment upon the
13party assessed. The Council's determination shall be deemed
14correct and shall serve as evidence of the correctness of the
15Council's determination that a penalty is due. Proof of a
16determination by the Council may be made at any administrative
17hearing or in any legal proceeding by a reproduced copy or
18computer print-out of the Council's record relating thereto in
19the name of the Council under the certificate of the Council.
20    If reproduced copies of the Council's records are offered
21as proof of a penalty assessment, the Council must certify that
22those copies are true and exact copies of records on file with
23the Council. If computer print-outs of the Council's records
24are offered as proof of a determination, the Council Chairman
25must certify that those computer print-outs are true and exact
26representations of records properly entered into standard

 

 

09700HB2777ham001- 11 -LRB097 08414 JDS 53457 a

1electronic computing equipment, in the regular course of the
2Council's business, at or reasonably near the time of the
3occurrence of the facts recorded, from trustworthy and reliable
4information. A certified reproduced copy or certified computer
5print-out shall, without further proof, be admitted into
6evidence in any administrative or legal proceeding and is prima
7facie proof of the correctness of the Council's determination.
8    Whenever notice is required by this Section, the notice may
9be given by United States registered or certified mail,
10addressed to the person concerned at his last known address,
11and proof of mailing shall be sufficient for the purposes of
12this Act. Notice of any hearing provided for by this Act shall
13be given not less than 7 days before the day fixed for the
14hearing. Following the initial contact of a person represented
15by an attorney, the Council shall not contact that person but
16shall only contact the attorney representing that person.
17    (d) The penalties provided for in this Section may be
18recovered in a civil action instituted by the Attorney General
19in the name of the people of the State of Illinois.
20    (e) The Attorney General may also, at the request of the
21Council or on his or her own motion, institute a civil action
22for an injunction, prohibitory or mandatory, to restrain
23violations of this Act, any rule or regulation adopted under
24this Act, any license or registration or term or condition of a
25license or registration, or any Council order, or to require
26other actions as may be necessary to address violations

 

 

09700HB2777ham001- 12 -LRB097 08414 JDS 53457 a

1thereof.
2    (f) Without limiting any other authority which may exist
3for the awarding of attorney's fees and costs, the Council, or
4a court of competent jurisdiction, may award costs and
5reasonable attorney's fees, including the reasonable costs of
6expert witnesses and consultants, to the Attorney General in a
7case where the Attorney General has prevailed against a person
8who has committed a willful, knowing, or repeated violation of
9this Act, any rule or regulation adopted under this Act, any
10license or registration or term or condition of a license or
11registration, or any Council order. Any funds collected under
12this subsection (f) in which the Attorney General has prevailed
13shall be deposited in the Drycleaner Environmental Response
14Trust Fund created in Section 10 of this Act.
15    (g) All final orders imposing civil penalties under this
16Section shall prescribe the time for payment of the penalties.
17If any penalty is not paid within the time prescribed, interest
18on the penalty shall be paid, at the rate set forth in Section
193-2 of the Illinois Uniform Penalty and Interest Act, for the
20period from the date payment is due until the date payment is
21received. However, if the time for payment is stayed during the
22pendency of an appeal, interest shall not accrue during the
23stay.
24(Source: P.A. 96-774, eff. 1-1-10.)
 
25    Section 99. Effective date. This Act takes effect upon

 

 

09700HB2777ham001- 13 -LRB097 08414 JDS 53457 a

1becoming law.".