Full Text of HB1953 97th General Assembly
HB1953ham001 97TH GENERAL ASSEMBLY | Rep. Thomas Holbrook Filed: 3/8/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1953
| 2 | | AMENDMENT NO. ______. Amend House Bill 1953 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Drycleaner Environmental Response Trust | 5 | | Fund Act is amended by changing Sections 40 and 60 as follows:
| 6 | | (415 ILCS 135/40)
| 7 | | Sec. 40. Remedial action account.
| 8 | | (a) The remedial action account is established to provide | 9 | | reimbursement to
eligible
claimants for
drycleaning solvent | 10 | | investigation, remedial action planning, and
remedial action | 11 | | activities for existing drycleaning solvent contamination
| 12 | | discovered at their drycleaning facilities.
| 13 | | (b) The following persons are eligible for reimbursement | 14 | | from the remedial
action account:
| 15 | | (1) In the case of claimant who is the owner or | 16 | | operator of an active
drycleaning
facility licensed by the |
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| 1 | | Council under this Act at the time of application for
| 2 | | remedial action benefits afforded under
the Fund, the
| 3 | | claimant is only eligible for reimbursement of remedial
| 4 | | action costs incurred in connection with a release
from | 5 | | that drycleaning facility,
subject to any other | 6 | | limitations under this Act.
| 7 | | (2) In the case of a claimant who is the owner of an | 8 | | inactive drycleaning
facility and
was the owner or operator | 9 | | of the drycleaning facility when it was
an active | 10 | | drycleaning facility, the claimant is only eligible for
| 11 | | reimbursement of remedial action costs incurred in
| 12 | | connection with a release from the drycleaning facility,
| 13 | | subject to any other limitations under
this Act.
| 14 | | (c) An eligible claimant requesting reimbursement from the | 15 | | remedial action
account shall meet all of the following:
| 16 | | (1) The claimant demonstrates that the source of the | 17 | | release is from
the claimant's drycleaning facility.
| 18 | | (2) At the time the release was discovered by the | 19 | | claimant, the claimant
and the drycleaning facility were in | 20 | | compliance with the Agency reporting
and technical | 21 | | operating requirements.
| 22 | | (3) The claimant reported the release in a timely | 23 | | manner to
the Agency in accordance with State law.
| 24 | | (4) (Blank). The claimant applying for reimbursement | 25 | | has not filed for
bankruptcy on or after the date of his or | 26 | | her discovery of the release.
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| 1 | | (5) If the claimant is the owner or operator of an | 2 | | active drycleaning
facility, the claimant has provided to | 3 | | the Council proof of implementation and
maintenance of the | 4 | | following pollution prevention measures:
| 5 | | (A) That all drycleaning solvent wastes generated | 6 | | at a drycleaning
facility be managed in accordance with | 7 | | applicable State
waste management laws and rules.
| 8 | | (B) A prohibition on the discharge of wastewater | 9 | | from drycleaning
machines or of drycleaning solvent | 10 | | from drycleaning
operations to a sanitary sewer or | 11 | | septic tank or to the
surface or in groundwater.
| 12 | | (C) That every drycleaning facility:
| 13 | | (I) install a containment dike or other | 14 | | containment
structure around each machine, item of | 15 | | equipment, drycleaning area, and portable waste | 16 | | container in which
any
drycleaning solvent is | 17 | | utilized, which shall be capable
of containing | 18 | | leaks, spills, or releases of
drycleaning
solvent | 19 | | from that machine, item, area, or container. The | 20 | | containment
dike or other containment structure | 21 | | shall be capable of at least the following:
(i) | 22 | | containing a capacity of 110% of the drycleaning | 23 | | solvent in the largest
tank or vessel within the | 24 | | machine; (ii) containing 100% of the drycleaning
| 25 | | solvent of each item of equipment or drycleaning | 26 | | area; and (iii) containing
100% of the drycleaning |
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| 1 | | solvent of the largest portable waste container or | 2 | | at
least 10% of the total volume of the portable | 3 | | waste containers stored within
the containment | 4 | | dike or structure, whichever is greater.
| 5 | | Petroleum underground storage tank systems | 6 | | that are upgraded in
accordance with USEPA upgrade | 7 | | standards pursuant to 40 CFR Part 280 for the
tanks | 8 | | and
related piping systems and use a leak detection | 9 | | system approved by the USEPA or
IEPA are exempt | 10 | | from this secondary containment requirement; and
| 11 | | (II) seal or otherwise render impervious those | 12 | | portions of
diked floor surfaces on which a | 13 | | drycleaning
solvent may leak, spill, or otherwise | 14 | | be released.
| 15 | | (D) A requirement that all drycleaning solvent | 16 | | shall be delivered
to drycleaning facilities by means | 17 | | of closed, direct-coupled
delivery systems.
| 18 | | (6) An active drycleaning facility has maintained | 19 | | continuous financial
assurance for environmental liability | 20 | | coverage in the amount of at least
$500,000 at least since | 21 | | the date of award of benefits under this Section
or July 1, | 22 | | 2000, whichever is earlier.
An uninsured drycleaning | 23 | | facility that
has filed an application for insurance with | 24 | | the Fund by January 1, 2004,
obtained insurance through | 25 | | that application, and maintained that insurance
coverage | 26 | | continuously shall be considered to have conformed with the
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| 1 | | requirements of this subdivision (6). To conform with this | 2 | | requirement the
applicant must pay the equivalent of the | 3 | | total premiums due for the period
beginning June 30, 2000 | 4 | | through the date of application plus a 20% penalty of
the | 5 | | total premiums due for that period.
| 6 | | (7) The release was discovered on or after July
1, 1997 | 7 | | and before July 1, 2006.
| 8 | | (d) A claimant shall submit a completed application form
| 9 | | provided by the Council. The application shall contain | 10 | | documentation of
activities, plans, and expenditures | 11 | | associated with the eligible costs
incurred in response to a | 12 | | release of drycleaning solvent from a
drycleaning facility. | 13 | | Application for remedial action account benefits must be
| 14 | | submitted to the Council on or before June 30, 2005.
| 15 | | (e) Claimants shall be subject to the following deductible | 16 | | requirements,
unless modified pursuant to the Council's | 17 | | authority under
Section 75:
| 18 | | (1) An eligible claimant submitting a claim
for an | 19 | | active drycleaning facility is responsible for the first | 20 | | $5,000 of
eligible investigation costs and for the first | 21 | | $10,000 of eligible remedial
action costs incurred in | 22 | | connection with the release from the drycleaning
facility | 23 | | and is only eligible for reimbursement for costs that | 24 | | exceed
those amounts, subject to any other limitations of | 25 | | this Act.
| 26 | | (2) An eligible claimant submitting a
claim for an |
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| 1 | | inactive drycleaning facility is responsible for the first | 2 | | $10,000
of eligible investigation costs and for the first | 3 | | $10,000 of eligible remedial
action costs incurred in | 4 | | connection with the release from that drycleaning
| 5 | | facility, and is only eligible for reimbursement for costs | 6 | | that exceed
those amounts, subject to any other limitations | 7 | | of this Act.
| 8 | | (f) Claimants are subject to the following limitations on | 9 | | reimbursement:
| 10 | | (1) Subsequent to meeting the deductible requirements | 11 | | of
subsection (e), and pursuant to the requirements of | 12 | | Section 75,
reimbursement shall not exceed $300,000 per | 13 | | active drycleaning facility and
$50,000 per inactive | 14 | | drycleaning facility.
| 15 | | (2) A contract in which one of the parties to the | 16 | | contract is a claimant,
for goods or services that may be | 17 | | payable or reimbursable from
the Council, is void and | 18 | | unenforceable unless and until the Council has found
that | 19 | | the
contract terms are within the range of usual and | 20 | | customary rates
for similar or equivalent goods or services | 21 | | within this State and
has found that the goods or services | 22 | | are necessary for the claimant to
comply with Council | 23 | | standards or other applicable regulatory standards.
| 24 | | (3) A claimant may appoint the Council as an agent for | 25 | | the purposes of
negotiating contracts with suppliers of | 26 | | goods or services
reimbursable by the Fund. The Council may |
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| 1 | | select another
contractor for goods or services other than | 2 | | the one offered by the
claimant if the scope of the | 3 | | proposed work or actual work of the
claimant's offered | 4 | | contractor does not reflect the quality of workmanship
| 5 | | required or if the costs are determined to be excessive, as | 6 | | determined by the
Council.
| 7 | | (4) The Council may require a claimant to obtain and | 8 | | submit 3 bids
and may require specific terms and conditions | 9 | | in a
contract subject to approval.
| 10 | | (5) The Council may enter into a contract or an | 11 | | exclusive contract with
the supplier of goods or services | 12 | | required by a claimant or class of
claimants, in connection | 13 | | with an expense reimbursable from the
Fund, for a specified | 14 | | good or service at a gross maximum
price or fixed rate, and | 15 | | may limit reimbursement accordingly.
| 16 | | (6) Unless emergency conditions exist, a service | 17 | | provider shall
obtain the Council's approval of the budget | 18 | | for the remediation work
before commencing the work. No | 19 | | expense incurred that is above the budgeted
amount shall be | 20 | | paid unless the Council approves
the expense prior to its | 21 | | being incurred. All invoices and bills relating to
the | 22 | | remediation work shall be submitted with appropriate | 23 | | documentation, as
deemed
necessary by the Council.
| 24 | | (7) Neither the Council nor an eligible claimant is | 25 | | responsible for
payment for
costs incurred that have not | 26 | | been previously approved by the
Council, unless an |
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| 1 | | emergency exists.
| 2 | | (8) The Council may determine the usual and customary | 3 | | costs of each
item for which reimbursement may be awarded | 4 | | under this Section.
The Council may revise the usual and | 5 | | customary costs from time
to time as necessary, but costs | 6 | | submitted for reimbursement shall
be subject to the rates | 7 | | in effect at the time the costs were
incurred.
| 8 | | (9) If a claimant has pollution liability insurance | 9 | | coverage other than
coverage provided by the insurance | 10 | | account under this Act,
that coverage shall be primary. | 11 | | Reimbursement from the remedial
account shall be limited to | 12 | | the deductible amounts under the primary
coverage and the
| 13 | | amount that exceeds the policy limits of the primary | 14 | | coverage,
subject to the deductible amounts of this Act. If | 15 | | there is a
dispute between the claimant and the primary | 16 | | insurance provider,
reimbursement from the remedial action | 17 | | account may be made to the claimant
after the claimant
| 18 | | assigns all of his or her interests in the insurance | 19 | | coverage to the Council.
| 20 | | (g) The source of funds for the remedial action account | 21 | | shall be moneys
allocated to the account by the Council | 22 | | according to the Fund budget
approved by the Council.
| 23 | | (h) A drycleaning facility will be classified as active or | 24 | | inactive for
purposes of
determining benefits under this | 25 | | Section based on the status of the facility
on the date a claim | 26 | | is filed.
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| 1 | | (i) Eligible claimants shall conduct remedial action in | 2 | | accordance with
the
Site Remediation Program under the | 3 | | Environmental Protection Act and Part 740 of
Title 35 of the | 4 | | Illinois Administrative Code and the Tiered Approach to Cleanup
| 5 | | Objectives under Part 742 of Title 35 of the Illinois | 6 | | Administrative Code.
| 7 | | (j) Effective January 1, 2012, an active drycleaning | 8 | | facility that has previously received or is currently receiving | 9 | | reimbursement for the costs of a remedial action, as defined in | 10 | | this Act, shall maintain continuous financial assurance for | 11 | | environmental liability coverage in the amount of at least | 12 | | $500,000 until the earlier of (i) January 1, 2020 or (ii) the | 13 | | date the Council determines the drycleaning facility is an | 14 | | inactive drycleaning facility. Failure to comply with this | 15 | | requirement will result in the revocation of the drycleaning | 16 | | facility's existing license and in the inability of the | 17 | | drycleaning facility to obtain or renew a license under Section | 18 | | 60 of this Act. | 19 | | (Source: P.A. 96-774, eff. 1-1-10.)
| 20 | | (415 ILCS 135/60)
| 21 | | (Section scheduled to be repealed on January 1, 2020)
| 22 | | Sec. 60. Drycleaning facility license.
| 23 | | (a) On and after January 1, 1998, no person shall operate a | 24 | | drycleaning
facility in this State without a license issued by | 25 | | the Council.
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| 1 | | (b) The Council shall issue an initial or renewal license | 2 | | to a drycleaning
facility on submission by an applicant of a | 3 | | completed form prescribed by the
Council , and proof of payment | 4 | | of the required fee to the Department of Revenue , and, if the | 5 | | drycleaning facility has previously received or is currently | 6 | | receiving reimbursement for the costs of a remedial action, as | 7 | | defined in this Act, proof of compliance with subsection (j) of | 8 | | Section 40 .
| 9 | | (c) On or after January 1, 2004, the annual fees for | 10 | | licensure are as
follows:
| 11 | | (1) $500 for a facility that uses (i) 50 gallons or
| 12 | | less of
chlorine-based or green drycleaning solvents | 13 | | annually, (ii) 250 or less
gallons annually of | 14 | | hydrocarbon-based drycleaning solvents in a drycleaning
| 15 | | machine equipped with a solvent reclaimer, or (iii) 500 | 16 | | gallons
or less annually of hydrocarbon-based drycleaning | 17 | | solvents in a
drycleaning machine without a solvent | 18 | | reclaimer.
| 19 | | (2) $500 for a facility that uses (i)
more than 50 | 20 | | gallons but not more than 100
gallons of chlorine-based or | 21 | | green drycleaning solvents annually, (ii)
more than 250 | 22 | | gallons but not more 500 gallons annually of | 23 | | hydrocarbon-based
solvents in
a drycleaning machine | 24 | | equipped with a solvent reclaimer, or (iii) more
than 500 | 25 | | gallons but not more than 1,000 gallons
annually of | 26 | | hydrocarbon-based drycleaning solvents in a drycleaning
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| 1 | | machine without a solvent reclaimer.
| 2 | | (3) $500 for a facility that uses (i) more than 100 | 3 | | gallons but not more than 150 gallons of chlorine-based
or | 4 | | green drycleaning solvents annually, (ii) more than 500 | 5 | | gallons but
not more than 750 gallons annually of | 6 | | hydrocarbon-based solvents in a
drycleaning machine | 7 | | equipped with a solvent reclaimer, or (iii) more than
1,000
| 8 | | gallons but not more than 1,500 gallons annually of
| 9 | | hydrocarbon-based drycleaning solvents in a drycleaning | 10 | | machine without a
solvent reclaimer.
| 11 | | (4) $1,000 for a facility that uses (i) more than 150 | 12 | | gallons but not
more than 200 gallons of chlorine-based or | 13 | | green drycleaning solvents annually,
(ii) more than 750 | 14 | | gallons but not more than 1,000 gallons annually of
| 15 | | hydrocarbon-based solvents in a drycleaning machine | 16 | | equipped with a solvent
reclaimer, or (iii) more than
1,500 | 17 | | gallons but not more than 2,000 gallons annually of | 18 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 19 | | machine without a solvent
reclaimer.
| 20 | | (5) $1,000 for a facility that uses (i) more than 200 | 21 | | gallons but not more
than 250 gallons of chlorine-based or | 22 | | green drycleaning solvents annually, (ii)
more than 1,000 | 23 | | gallons but not more than 1,250 gallons annually of
| 24 | | hydrocarbon-based solvents in a drycleaning machine | 25 | | equipped with a solvent
reclaimer, or (iii) more than
2,000 | 26 | | gallons but not more than 2,500 gallons annually of |
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| 1 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 2 | | machine without a solvent
reclaimer.
| 3 | | (6) $1,000 for a facility that uses (i) more than 250 | 4 | | gallons but not
more than
300 gallons of chlorine-based or | 5 | | green drycleaning solvents annually, (ii) more
than 1,250 | 6 | | gallons but not more than 1,500 gallons annually of
| 7 | | hydrocarbon-based solvents in a drycleaning machine | 8 | | equipped with a solvent
reclaimer, or (iii) more than 2,500 | 9 | | gallons but not more than 3,000 gallons
annually of | 10 | | hydrocarbon-based drycleaning solvents in a drycleaning | 11 | | machine
without
a solvent reclaimer.
| 12 | | (7) $1,000 for a facility that uses (i) more than 300 | 13 | | gallons but not more
than
350 gallons of chlorine-based or | 14 | | green drycleaning solvents annually, (ii) more
than 1,500 | 15 | | gallons but not more than 1,750 gallons annually of
| 16 | | hydrocarbon-based
solvents in a drycleaning machine | 17 | | equipped with a solvent reclaimer, or (iii)
more than 3,000 | 18 | | gallons but not more than 3,500 gallons annually of
| 19 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 20 | | machine without a solvent
reclaimer.
| 21 | | (8) $1,500 for a facility that uses (i) more than 350 | 22 | | gallons but not more
than
400 gallons of chlorine-based or | 23 | | green drycleaning solvents annually, (ii) more
than 1,750 | 24 | | gallons but not more than 2,000 gallons annually of
| 25 | | hydrocarbon-based
solvents in a drycleaning machine | 26 | | equipped with a solvent reclaimer, or (iii)
more than 3,500 |
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| 1 | | gallons but not more than 4,000 gallons annually of
| 2 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 3 | | machine without a solvent
reclaimer.
| 4 | | (9) $1,500 for a facility that uses (i) more than 400 | 5 | | gallons but not more
than 450 gallons of chlorine-based or | 6 | | green drycleaning solvents annually, (ii)
more than 2,000 | 7 | | gallons but not more than 2,250 gallons annually of
| 8 | | hydrocarbon-based
solvents in a drycleaning machine | 9 | | equipped with a solvent reclaimer, or (iii)
more
than
4,000 | 10 | | gallons but not more than 4,500 gallons annually of | 11 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 12 | | machine without a solvent
reclaimer.
| 13 | | (10) $1,500 for a facility that uses (i) more than 450 | 14 | | gallons but not
more than 500
gallons of chlorine-based or | 15 | | green drycleaning solvents annually, (ii) more
than
2,250 | 16 | | gallons but not more than 2,500 gallons annually of | 17 | | hydrocarbon-based
solvents used in a drycleaning machine | 18 | | equipped with a solvent reclaimer, or
(iii) more
than 4,500 | 19 | | gallons but not more than 5,000 gallons annually of
| 20 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 21 | | machine without a solvent reclaimer.
| 22 | | (11) $1,500 for a facility that uses (i) more than 500 | 23 | | gallons but not
more than 550
gallons of chlorine-based or | 24 | | green drycleaning solvents annually, (ii) more
than
2,500 | 25 | | gallons but not more than 2,750 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
5,000 | 2 | | gallons but not more than 5,500 gallons annually of | 3 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 4 | | machine without a solvent
reclaimer.
| 5 | | (12) $1,500 for a facility that uses (i) more than 550 | 6 | | gallons but not
more than 600
gallons of chlorine-based or | 7 | | green drycleaning solvents annually, (ii) more
than 2,750 | 8 | | gallons but not more than 3,000 gallons annually of
| 9 | | hydrocarbon-based
solvents in a drycleaning machine | 10 | | equipped with a solvent reclaimer, or (iii)
more than
5,500 | 11 | | gallons but not more than 6,000 gallons annually of | 12 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 13 | | machine without a solvent
reclaimer.
| 14 | | (13) $1,500 for a facility that uses (i) more than 600 | 15 | | gallons of
chlorine-based or green drycleaning solvents | 16 | | annually, (ii) more than 3,000
gallons but not more than | 17 | | 3,250 gallons annually of hydrocarbon-based solvents
in a | 18 | | drycleaning
machine equipped with a solvent reclaimer, or | 19 | | (iii) more than 6,000 gallons of
hydrocarbon-based | 20 | | drycleaning solvents annually in a drycleaning machine
| 21 | | equipped without a solvent reclaimer.
| 22 | | (14) $1,500 for a facility that uses more than 3,250 | 23 | | gallons but not more
than 3,500 gallons annually of | 24 | | hydrocarbon-based solvents in a drycleaning
machine | 25 | | equipped with a solvent reclaimer.
| 26 | | (15) $1,500 for a facility that uses more than 3,500 |
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| 1 | | gallons but not more
than 3,750 gallons annually of | 2 | | hydrocarbon-based solvents used in a drycleaning
machine | 3 | | equipped with a solvent reclaimer.
| 4 | | (16) $1,500 for a facility that uses more than 3,750 | 5 | | gallons but not more
than 4,000 gallons annually of | 6 | | hydrocarbon-based solvents in a drycleaning
machine | 7 | | equipped with a solvent reclaimer.
| 8 | | (17) $1,500 for a facility that uses more than 4,000 | 9 | | gallons annually of
hydrocarbon-based solvents in a | 10 | | drycleaning machine equipped with a solvent
reclaimer.
| 11 | | For purpose of this subsection, the quantity of drycleaning | 12 | | solvents
used annually shall be determined as follows:
| 13 | | (1) in the case of an initial applicant, the quantity | 14 | | of drycleaning
solvents that the applicant estimates will | 15 | | be used during his or her initial
license year. A fee | 16 | | assessed under this subdivision is subject to audited
| 17 | | adjustment for that year; or
| 18 | | (2) in the case of a renewal applicant, the quantity of | 19 | | drycleaning
solvents actually purchased in the preceding | 20 | | license year.
| 21 | | The Council may adjust licensing fees annually based on the | 22 | | published
Consumer Price Index - All Urban Consumers ("CPI-U") | 23 | | or as otherwise determined
by the Council.
| 24 | | (d) A license issued under this Section shall expire one | 25 | | year after the date
of issuance and may be renewed on | 26 | | reapplication to the Council and submission
of proof of payment |
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| 1 | | of the appropriate fee to the Department of Revenue in
| 2 | | accordance with subsections (c) and (e). At least 30 days | 3 | | before payment of a
renewal licensing fee is due, the Council | 4 | | shall attempt to:
| 5 | | (1) notify the operator of each licensed drycleaning
| 6 | | facility concerning the requirements of this Section;
and
| 7 | | (2) submit a license fee payment form to the licensed
| 8 | | operator of each drycleaning facility.
| 9 | | (e) An operator of a drycleaning facility shall submit the | 10 | | appropriate
application form provided by the Council with the | 11 | | license fee in the form of
cash , or guaranteed remittance , or | 12 | | credit card to the Department of Revenue.
The license fee | 13 | | payment form and the actual license fee payment shall be
| 14 | | administered by the Department of Revenue under rules adopted | 15 | | by that
Department.
| 16 | | (f) The Department of Revenue shall issue a proof of | 17 | | payment receipt to
each operator of a drycleaning facility who | 18 | | has paid the appropriate fee in
cash or by guaranteed | 19 | | remittance or credit card . However, the Department of Revenue | 20 | | shall not
issue a proof of payment receipt to a drycleaning | 21 | | facility that is liable to
the Department of Revenue for a tax | 22 | | imposed under this Act. The original
receipt shall be presented | 23 | | to the Council by the operator of a drycleaning
facility.
| 24 | | (g) (Blank).
| 25 | | (h) The Council and the Department of Revenue may adopt | 26 | | rules as necessary
to administer the licensing
requirements of |
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| 1 | | this Act.
| 2 | | (Source: P.A. 96-774, eff. 1-1-10.)".
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