97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3840

 

Introduced 10/19/2011, by Rep. Michael W. Tryon

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 135/60

    Amends the Drycleaner Environmental Response Trust Fund Act. Provides that the Department of Revenue may accept payment of the license fee required under the Act by credit card only if the Department is not required to pay a discount fee charged by the credit card issuer. Effective immediately.


LRB097 13937 HLH 58532 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3840LRB097 13937 HLH 58532 b

1    AN ACT concerning revenue.
 
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 Section 60 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7    (Section scheduled to be repealed on January 1, 2020)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, proof of payment of
15the required fee to the Department of Revenue, and, if the
16drycleaning facility has previously received or is currently
17receiving reimbursement for the costs of a remedial action, as
18defined in this Act, proof of compliance with subsection (j) of
19Section 40.
20    (c) On or after January 1, 2004, the annual fees for
21licensure are as follows:
22        (1) $500 for a facility that uses (i) 50 gallons or
23    less of chlorine-based or green drycleaning solvents

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB3840- 8 -LRB097 13937 HLH 58532 b

1Revenue. The Department may accept payment of the license fee
2under this Section by credit card only if the Department is not
3required to pay a discount fee charged by the credit card
4issuer. The license fee payment form and the actual license fee
5payment shall be administered by the Department of Revenue
6under rules adopted 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, or 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; 97-332, eff. 8-12-11;
2197-377, eff. 1-1-12; revised 10-4-11.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.