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Sen. James F. Clayborne, Jr.
Filed: 4/15/2013
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1 | | AMENDMENT TO SENATE BILL 849
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2 | | AMENDMENT NO. ______. Amend Senate Bill 849 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Drycleaner Environmental Response Trust |
5 | | Fund Act is amended by changing Sections 5, 20, 30, 60, 65, 67, |
6 | | 68, 69, 70, and 75 and by adding Section 61 as follows:
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7 | | (415 ILCS 135/5)
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8 | | Sec. 5. Definitions. As used in this Act:
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9 | | (a) "Active drycleaning facility" means a drycleaning |
10 | | facility actively
engaged in drycleaning operations and |
11 | | licensed under Section 60 of this
Act .
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12 | | (b) "Agency" means the Illinois Environmental Protection |
13 | | Agency.
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14 | | (c) "Claimant" means an owner or operator of a drycleaning |
15 | | facility who has
applied for reimbursement from the remedial |
16 | | account or who has
submitted a claim under the insurance |
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1 | | account with respect to a release.
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2 | | (d) "Council" means the Drycleaner Environmental Response |
3 | | Trust Fund
Council.
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4 | | (e) "Drycleaner Environmental Response Trust Fund" or |
5 | | "Fund" means the
fund created under Section 10 of this Act.
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6 | | (f) "Drycleaning facility" means a facility located in this |
7 | | State that is
or has been engaged in drycleaning operations for |
8 | | the general public, other
than a:
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9 | | (1) facility located on a United States military base;
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10 | | (2) industrial laundry, commercial laundry, or linen |
11 | | supply facility;
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12 | | (3) prison
or other penal institution that engages in |
13 | | drycleaning only as part of
a Correctional Industries |
14 | | program to provide drycleaning to persons who are
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15 | | incarcerated in a prison or penal institution or to |
16 | | resident patients of a
State-operated
mental health |
17 | | facility;
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18 | | (4) not-for-profit hospital or other health care |
19 | | facility; or a
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20 | | (5) facility located or formerly located on federal or |
21 | | State property.
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22 | | (g) "Drycleaning operations" means drycleaning of apparel |
23 | | and household
fabrics for the general public, as described in |
24 | | Standard Industrial
Classification Industry No. 7215 and No. |
25 | | 7216 in the Standard Industrial
Classification Manual (SIC) by |
26 | | the Technical Committee on Industrial
Classification.
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1 | | (h) "Drycleaning solvent" means any and all nonaqueous |
2 | | solvents, including
but not limited to a chlorine-based or |
3 | | petroleum-based formulation or
product, including green |
4 | | solvents, that are used as a primary
cleaning agent in |
5 | | drycleaning operations.
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6 | | (i) "Emergency" or "emergency action" means a situation or |
7 | | an
immediate response to a situation to protect public health |
8 | | or safety.
"Emergency" or
"emergency action" does not mean |
9 | | removal of
contaminated soils, recovery of free product, or |
10 | | financial hardship. An
"emergency" or "emergency action" would |
11 | | normally be
expected to be directly related to a sudden event |
12 | | or discovery and would
last until the threat to public health |
13 | | is mitigated.
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14 | | (j) "Groundwater" means underground water that occurs |
15 | | within the saturated
zone and geologic materials where the |
16 | | fluid pressure in the pore space is equal
to or greater than |
17 | | the atmospheric pressure.
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18 | | (k) "Inactive drycleaning facility" means a drycleaning |
19 | | facility that is not
being used for drycleaning operations and |
20 | | is not registered under this Act.
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21 | | (l) "Maintaining a place of business in this State" or any |
22 | | like term means
(1) having or maintaining within this State, |
23 | | directly or through a subsidiary,
an
office, distribution |
24 | | facility, distribution house, sales house, warehouse, or
other |
25 | | place of business or (2) operating within this State as an |
26 | | agent or
representative for a person or a person's subsidiary |
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1 | | engaged in the business
of selling to persons within this |
2 | | State, irrespective of whether the place of
business or agent |
3 | | or other representative is located in this State permanently
or |
4 | | temporary, or whether the person or the person's subsidiary |
5 | | engages in the
business of selling in this State.
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6 | | (m) "No Further Remediation Letter" means a letter provided |
7 | | by the
Agency pursuant to Section 58.10 of Title XVII of the |
8 | | Environmental Protection
Act.
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9 | | (n) "Operator" means a person or entity holding a business |
10 | | license to
operate a licensed drycleaning facility or the |
11 | | business operation of
which the drycleaning facility is a part.
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12 | | (o) "Owner" means (1)
a person who owns or has possession |
13 | | or control of a drycleaning facility at
the time a release is |
14 | | discovered,
regardless of whether
the facility remains in |
15 | | operation or (2)
a parent corporation of the person under item |
16 | | (1) of this subdivision.
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17 | | (p) "Parent corporation" means a business entity or other |
18 | | business
arrangement that has elements of common ownership or |
19 | | control or that
uses a long-term contractual arrangement with a |
20 | | person to avoid direct
responsibility for conditions at a |
21 | | drycleaning facility.
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22 | | (q) "Person" means an individual, trust, firm, joint stock |
23 | | company,
corporation, consortium, joint venture, or other |
24 | | commercial entity.
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25 | | (r) "Program year" means the period beginning on
July 1 and |
26 | | ending on the
following June 30.
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1 | | (s) "Release" means any spilling, leaking, emitting, |
2 | | discharging, escaping,
leaching, or dispersing of drycleaning |
3 | | solvents from a drycleaning facility
to groundwater, surface |
4 | | water, or subsurface soils.
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5 | | (t) "Remedial action" means activities taken to comply with
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6 | | Sections 58.6 and 58.7 of the Environmental Protection Act and
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7 | | rules adopted by the Pollution Control Board under those |
8 | | Sections.
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9 | | (u) "Responsible party" means an owner, operator, or other |
10 | | person
financially responsible for costs of remediation of a |
11 | | release of drycleaning
solvents
from a drycleaning facility.
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12 | | (v) "Service provider" means a consultant, testing |
13 | | laboratory, monitoring
well installer, soil boring contractor, |
14 | | other contractor, lender, or any other
person who provides a |
15 | | product or service for which a claim for reimbursement
has been |
16 | | or will be filed against the remedial account or insurance |
17 | | account, or
a subcontractor of such a person.
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18 | | (w) "Virgin facility" means a drycleaning facility that has |
19 | | never had
chlorine-based or petroleum-based drycleaning |
20 | | solvents
stored or used at the property prior to it becoming a
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21 | | green solvent drycleaning facility.
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22 | | (Source: P.A. 93-201, eff. 1-1-04.)
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23 | | (415 ILCS 135/20)
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24 | | Sec. 20. Council and Agency rules.
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25 | | (a) The Council may adopt rules in accordance with the |
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1 | | emergency rulemaking
provisions of Section 5-45 of the Illinois |
2 | | Administrative Procedure Act for one
year after
the effective |
3 | | date of this Act. Thereafter, the Council shall conduct general
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4 | | rulemaking as provided under the Illinois Administrative |
5 | | Procedure Act.
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6 | | (b) The Council shall adopt rules regarding its practice |
7 | | and procedures for
investigating and settling claims made |
8 | | against the Fund,
determining reimbursement guidelines, |
9 | | coordinating with the Agency, and
otherwise implementing and |
10 | | administering the Fund under this
Act.
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11 | | (c) The Council shall adopt rules regarding its practice |
12 | | and procedures to
develop underwriting standards, establish |
13 | | insurance account coverage
and risk factors, settle claims made |
14 | | against the insurance account of the Fund,
determine |
15 | | appropriate deductibles or retentions in coverages or benefits
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16 | | offered under the insurance account of the Fund, determine |
17 | | reimbursement
guidelines,
and otherwise implement and |
18 | | administer the insurance account under this
Act.
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19 | | (d) The Council shall adopt rules necessary for the |
20 | | implementation and
collection of insurance account premiums |
21 | | prior to offering insurance to an
owner or operator of a |
22 | | drycleaning facility or other person.
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23 | | (e) The Council shall adopt rules prescribing requirements |
24 | | for the retention
of records
by an owner or operator and the |
25 | | periods for which he or she must
retain those records.
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26 | | (f) The Council shall adopt rules describing the manner in |
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1 | | which all
disbursed moneys received from the Agency shall be |
2 | | deposited with a bank or
savings and loan association to be |
3 | | approved by the Council. For purposes of
this subsection, the |
4 | | Council shall be considered a public agency and,
therefore, no |
5 | | bank or savings and loan association shall receive public funds
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6 | | from the Council, and the Council shall not make any |
7 | | investments, unless in
accordance with the Public Funds |
8 | | Investment Act.
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9 | | (f-5) The Council shall review and revise its rules to |
10 | | bring them into compliance with this amendatory Act of the 98th |
11 | | General Assembly. |
12 | | (f-10) The Agency may adopt rules as necessary
or |
13 | | convenient to administer the Fund and perform its duties under |
14 | | this Act. |
15 | | (g) All final Council decisions regarding the Fund or any |
16 | | reimbursement from
the
Fund and any decision concerning the |
17 | | classification of drycleaning solvents
pursuant to subsection |
18 | | (a) of Section 65 of this Act and any notice of the assessment |
19 | | of civil penalties under Section 69 of this Act shall be |
20 | | subject to
appeal to the Administrator of the Council, by the |
21 | | affected
parties, within 60 days after the final decision. The |
22 | | Council shall determine by rule persons who have standing to
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23 | | appeal final Council decisions. Any written decision by the |
24 | | Administrator may be appealed to the Council within 60 days |
25 | | after the Administrator's final decision. Any decision by the |
26 | | Council may be appealed to the Council's administrative law |
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1 | | judge within 60 days after the Council's final decision. Notice |
2 | | of any hearing provided for by this Act shall be given not less |
3 | | than 7 days before the day fixed for the hearing. An appeal of |
4 | | the
administrative law judge's decision will be subject to |
5 | | judicial review in
accordance with the Administrative Review |
6 | | Law.
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7 | | Any decision not timely appealed shall become a final |
8 | | administrative decision without the necessity of a final |
9 | | administrative decision being issued and shall be deemed to be |
10 | | a final administrative decision. |
11 | | The Council shall adopt rules relating to appeal |
12 | | procedures. |
13 | | The Council may designate an attorney, employed by the |
14 | | Council or privately employed, to act as an administrative law |
15 | | judge to preside at any administrative hearing resulting from |
16 | | the appeal of a Council decision. The Council and the |
17 | | Department of Revenue are authorized to enter into an agreement |
18 | | whereby an administrative law judge employed by the Department |
19 | | may be assigned to preside at the administrative hearings. |
20 | | Proof of the Council's administrative decision may be made |
21 | | at any administrative or legal proceeding by a reproduced copy |
22 | | of the Council's record relating to the decision under the |
23 | | certificate of the Council. A reproduced copy shall, without |
24 | | further proof, be admitted into evidence and shall be prima |
25 | | facie proof of the decision. |
26 | | The provisions of the Administrative Review Law, and any |
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1 | | rules adopted under the Administrative Review law by the |
2 | | Council, shall govern all proceedings for the judicial review |
3 | | of final administrative decisions of the Council. The term |
4 | | "administrative decision" has the same meaning as it does in |
5 | | Section 3-101 of the Code of Civil Procedure. |
6 | | Venue for an administrative review action challenging the |
7 | | results of an administrative hearing upholding an |
8 | | administrative decision issued by the Council
shall be proper |
9 | | in the Circuit Court of the county where the plaintiff has its |
10 | | principal place of business, or Sangamon County if the |
11 | | plaintiff's principal place of business is located outside |
12 | | Illinois.
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13 | | (Source: P.A. 96-774, eff. 1-1-10.)
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14 | | (415 ILCS 135/30)
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15 | | Sec. 30. Independent contractors retained by Council.
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16 | | (a) A contract entered into to
retain a person to act as |
17 | | the administrator of the Fund shall be subject to
public bid, |
18 | | provided that no such contract shall be entered into without |
19 | | the
review and approval of the Director of the Agency. Subject |
20 | | to the provisions of subsection (c), the The Council may enter
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21 | | into a contract or an agreement authorized
under this Act with |
22 | | a person, the Agency, the Department of Revenue,
other |
23 | | departments, agencies, or governmental subdivisions of this
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24 | | State, another state, or the United States, in connection with |
25 | | its
administration and implementation of this Act.
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1 | | (b) The Council may reimburse a public or private |
2 | | contractor retained
pursuant to this Section for expenses |
3 | | incurred in the execution of a
contract or agreement. |
4 | | Reimbursable expenses include the costs of
performing duties or |
5 | | powers specifically delegated by the Council.
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6 | | (c) Beginning July 1, 2014, the Illinois Environmental |
7 | | Protection Agency shall be responsible for the administration |
8 | | of the Fund and shall administer and enforce the licensing |
9 | | requirements of this Act. Any contract retaining any other |
10 | | person or entity to act as the administrator of the Fund or to |
11 | | administer or enforce the licensing requirements of this Act |
12 | | shall not extend beyond June 30, 2014 and shall be terminated |
13 | | on or before that date. |
14 | | (Source: P.A. 93-201, eff. 1-1-04.)
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15 | | (415 ILCS 135/60)
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16 | | (Section scheduled to be repealed on January 1, 2020)
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17 | | Sec. 60. Drycleaning facility license.
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18 | | (a) Beginning July 1, 2014, the licensing provisions of |
19 | | this Section are superseded by Section 61. |
20 | | On and after January 1, 1998 and until July 1, 2014 , no |
21 | | person shall operate a drycleaning
facility in this State |
22 | | without a license issued by the Council.
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23 | | (b) The Council shall issue an initial or renewal license |
24 | | to a drycleaning
facility on submission by an applicant of a |
25 | | completed form prescribed by the
Council, proof of payment of |
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1 | | the required fee to the Department of Revenue, and, if the |
2 | | drycleaning facility has previously received or is currently |
3 | | receiving reimbursement for the costs of a remedial action, as |
4 | | defined in this Act, proof of compliance with subsection (j) of |
5 | | Section 40. Beginning January 1, 2013, license renewal |
6 | | application forms must include a certification by the applicant |
7 | | that all hazardous waste stored at the drycleaning facility is |
8 | | stored in accordance with all applicable federal and state laws |
9 | | and regulations, and that all hazardous waste transported from |
10 | | the drycleaning facility is transported in accordance with all |
11 | | applicable federal and state laws and regulations. Also, |
12 | | beginning January 1, 2013, license renewal applications must |
13 | | include copies of all manifests for hazardous waste transported |
14 | | from the drycleaning facility during the previous 12 months or |
15 | | since the last submission of copies of manifests, whichever is |
16 | | longer. If the Council does not receive a copy of a manifest |
17 | | for a drycleaning facility within a 3-year period, or within a |
18 | | shorter period as determined by the Council, the Council shall |
19 | | make appropriate inquiry into the management of hazardous waste |
20 | | at the facility and may share the results of the inquiry with |
21 | | the Agency.
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22 | | (c) On or after January 1, 2004 and except as provided in |
23 | | subsection (c-5) , the annual fees for licensure are as
follows:
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24 | | (1) $500 for a facility that uses (i) 50 gallons or
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25 | | less of
chlorine-based or green drycleaning solvents |
26 | | annually, (ii) 250 or less
gallons annually of |
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1 | | hydrocarbon-based drycleaning solvents in a drycleaning
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2 | | machine equipped with a solvent reclaimer, or (iii) 500 |
3 | | gallons
or less annually of hydrocarbon-based drycleaning |
4 | | solvents in a
drycleaning machine without a solvent |
5 | | reclaimer.
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6 | | (2) $500 for a facility that uses (i)
more than 50 |
7 | | gallons but not more than 100
gallons of chlorine-based or |
8 | | green drycleaning solvents annually, (ii)
more than 250 |
9 | | gallons but not more 500 gallons annually of |
10 | | hydrocarbon-based
solvents in
a drycleaning machine |
11 | | equipped with a solvent reclaimer, or (iii) more
than 500 |
12 | | gallons but not more than 1,000 gallons
annually of |
13 | | hydrocarbon-based drycleaning solvents in a drycleaning
|
14 | | machine without a solvent reclaimer.
|
15 | | (3) $500 for a facility that uses (i) more than 100 |
16 | | gallons but not more than 150 gallons of chlorine-based
or |
17 | | green drycleaning solvents annually, (ii) more than 500 |
18 | | gallons but
not more than 750 gallons annually of |
19 | | hydrocarbon-based solvents in a
drycleaning machine |
20 | | equipped with a solvent reclaimer, or (iii) more than
1,000
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21 | | gallons but not more than 1,500 gallons annually of
|
22 | | hydrocarbon-based drycleaning solvents in a drycleaning |
23 | | machine without a
solvent reclaimer.
|
24 | | (4) $1,000 for a facility that uses (i) more than 150 |
25 | | gallons but not
more than 200 gallons of chlorine-based or |
26 | | green drycleaning solvents annually,
(ii) more than 750 |
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1 | | gallons but not more than 1,000 gallons annually of
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2 | | hydrocarbon-based solvents in a drycleaning machine |
3 | | equipped with a solvent
reclaimer, or (iii) more than
1,500 |
4 | | gallons but not more than 2,000 gallons annually of |
5 | | hydrocarbon-based
drycleaning solvents in a drycleaning |
6 | | machine without a solvent
reclaimer.
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7 | | (5) $1,000 for a facility that uses (i) more than 200 |
8 | | gallons but not more
than 250 gallons of chlorine-based or |
9 | | green drycleaning solvents annually, (ii)
more than 1,000 |
10 | | gallons but not more than 1,250 gallons annually of
|
11 | | hydrocarbon-based solvents in a drycleaning machine |
12 | | equipped with a solvent
reclaimer, or (iii) more than
2,000 |
13 | | gallons but not more than 2,500 gallons annually of |
14 | | hydrocarbon-based
drycleaning solvents in a drycleaning |
15 | | machine without a solvent
reclaimer.
|
16 | | (6) $1,000 for a facility that uses (i) more than 250 |
17 | | gallons but not
more than
300 gallons of chlorine-based or |
18 | | green drycleaning solvents annually, (ii) more
than 1,250 |
19 | | gallons but not more than 1,500 gallons annually of
|
20 | | hydrocarbon-based solvents in a drycleaning machine |
21 | | equipped with a solvent
reclaimer, or (iii) more than 2,500 |
22 | | gallons but not more than 3,000 gallons
annually of |
23 | | hydrocarbon-based drycleaning solvents in a drycleaning |
24 | | machine
without
a solvent reclaimer.
|
25 | | (7) $1,000 for a facility that uses (i) more than 300 |
26 | | gallons but not more
than
350 gallons of chlorine-based or |
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1 | | green drycleaning solvents annually, (ii) more
than 1,500 |
2 | | gallons but not more than 1,750 gallons annually of
|
3 | | hydrocarbon-based
solvents in a drycleaning machine |
4 | | equipped with a solvent reclaimer, or (iii)
more than 3,000 |
5 | | gallons but not more than 3,500 gallons annually of
|
6 | | hydrocarbon-based
drycleaning solvents in a drycleaning |
7 | | machine without a solvent
reclaimer.
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8 | | (8) $1,500 for a facility that uses (i) more than 350 |
9 | | gallons but not more
than
400 gallons of chlorine-based or |
10 | | green drycleaning solvents annually, (ii) more
than 1,750 |
11 | | gallons but not more than 2,000 gallons annually of
|
12 | | hydrocarbon-based
solvents in a drycleaning machine |
13 | | equipped with a solvent reclaimer, or (iii)
more than 3,500 |
14 | | gallons but not more than 4,000 gallons annually of
|
15 | | hydrocarbon-based
drycleaning solvents in a drycleaning |
16 | | machine without a solvent
reclaimer.
|
17 | | (9) $1,500 for a facility that uses (i) more than 400 |
18 | | gallons but not more
than 450 gallons of chlorine-based or |
19 | | green drycleaning solvents annually, (ii)
more than 2,000 |
20 | | gallons but not more than 2,250 gallons annually of
|
21 | | hydrocarbon-based
solvents in a drycleaning machine |
22 | | equipped with a solvent reclaimer, or (iii)
more
than
4,000 |
23 | | gallons but not more than 4,500 gallons annually of |
24 | | hydrocarbon-based
drycleaning solvents in a drycleaning |
25 | | machine without a solvent
reclaimer.
|
26 | | (10) $1,500 for a facility that uses (i) more than 450 |
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1 | | gallons but not
more than 500
gallons of chlorine-based or |
2 | | green drycleaning solvents annually, (ii) more
than
2,250 |
3 | | gallons but not more than 2,500 gallons annually of |
4 | | hydrocarbon-based
solvents used in a drycleaning machine |
5 | | equipped with a solvent reclaimer, or
(iii) more
than 4,500 |
6 | | gallons but not more than 5,000 gallons annually of
|
7 | | hydrocarbon-based
drycleaning solvents in a drycleaning |
8 | | machine without a solvent reclaimer.
|
9 | | (11) $1,500 for a facility that uses (i) more than 500 |
10 | | gallons but not
more than 550
gallons of chlorine-based or |
11 | | green drycleaning solvents annually, (ii) more
than
2,500 |
12 | | gallons but not more than 2,750 gallons annually of |
13 | | hydrocarbon-based
solvents in a drycleaning machine |
14 | | equipped with a solvent reclaimer, or (iii)
more than
5,000 |
15 | | gallons but not more than 5,500 gallons annually of |
16 | | hydrocarbon-based
drycleaning solvents in a drycleaning |
17 | | machine without a solvent
reclaimer.
|
18 | | (12) $1,500 for a facility that uses (i) more than 550 |
19 | | gallons but not
more than 600
gallons of chlorine-based or |
20 | | green drycleaning solvents annually, (ii) more
than 2,750 |
21 | | gallons but not more than 3,000 gallons annually of
|
22 | | hydrocarbon-based
solvents in a drycleaning machine |
23 | | equipped with a solvent reclaimer, or (iii)
more than
5,500 |
24 | | gallons but not more than 6,000 gallons annually of |
25 | | hydrocarbon-based
drycleaning solvents in a drycleaning |
26 | | machine without a solvent
reclaimer.
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1 | | (13) $1,500 for a facility that uses (i) more than 600 |
2 | | gallons of
chlorine-based or green drycleaning solvents |
3 | | annually, (ii) more than 3,000
gallons but not more than |
4 | | 3,250 gallons annually of hydrocarbon-based solvents
in a |
5 | | drycleaning
machine equipped with a solvent reclaimer, or |
6 | | (iii) more than 6,000 gallons of
hydrocarbon-based |
7 | | drycleaning solvents annually in a drycleaning machine
|
8 | | equipped without a solvent reclaimer.
|
9 | | (14) $1,500 for a facility that uses more than 3,250 |
10 | | gallons but not more
than 3,500 gallons annually of |
11 | | hydrocarbon-based solvents in a drycleaning
machine |
12 | | equipped with a solvent reclaimer.
|
13 | | (15) $1,500 for a facility that uses more than 3,500 |
14 | | gallons but not more
than 3,750 gallons annually of |
15 | | hydrocarbon-based solvents used in a drycleaning
machine |
16 | | equipped with a solvent reclaimer.
|
17 | | (16) $1,500 for a facility that uses more than 3,750 |
18 | | gallons but not more
than 4,000 gallons annually of |
19 | | hydrocarbon-based solvents in a drycleaning
machine |
20 | | equipped with a solvent reclaimer.
|
21 | | (17) $1,500 for a facility that uses more than 4,000 |
22 | | gallons annually of
hydrocarbon-based solvents in a |
23 | | drycleaning machine equipped with a solvent
reclaimer.
|
24 | | For purpose of this subsection, the quantity of drycleaning |
25 | | solvents
used annually shall be determined as follows:
|
26 | | (1) in the case of an initial applicant, the quantity |
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1 | | of drycleaning
solvents that the applicant estimates will |
2 | | be used during his or her initial
license year. A fee |
3 | | assessed under this subdivision is subject to audited
|
4 | | adjustment for that year; or
|
5 | | (2) in the case of a renewal applicant, the quantity of |
6 | | drycleaning
solvents actually purchased in the preceding |
7 | | license year.
|
8 | | The Council may adjust licensing fees annually based on the |
9 | | published
Consumer Price Index - All Urban Consumers ("CPI-U") |
10 | | or as otherwise determined
by the Council.
|
11 | | (c-5) Notwithstanding the other provisions of this |
12 | | Section, licenses issued by the Council for the year 2014 shall |
13 | | expire on July 1, 2014, and the fee for those licenses shall be |
14 | | prorated to reflect the shortened licensing period. Subsequent |
15 | | renewal of those licenses shall be in accordance with Section |
16 | | 61 of this Act. |
17 | | (d) Except as provided in subsection (c-5), a A license |
18 | | issued under this Section shall expire one year after the date
|
19 | | of issuance and may be renewed on reapplication to the Council |
20 | | and submission
of proof of payment of the appropriate fee to |
21 | | the Department of Revenue in
accordance with subsections (c) |
22 | | and (e). At least 30 days before payment of a
renewal licensing |
23 | | fee is due, the Council shall attempt to:
|
24 | | (1) notify the operator of each licensed drycleaning
|
25 | | facility concerning the requirements of this Section;
and
|
26 | | (2) submit a license fee payment form to the licensed
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1 | | operator of each drycleaning facility.
|
2 | | (e) An operator of a drycleaning facility shall submit the |
3 | | appropriate
application form provided by the Council with the |
4 | | license fee in the form of
cash, credit card, business check, |
5 | | or guaranteed remittance to the Department of Revenue.
The |
6 | | Department may accept payment of the license fee under this |
7 | | Section by credit card only if the Department is not required |
8 | | to pay a discount fee charged by the credit card issuer. The |
9 | | license fee payment form and the actual license fee payment |
10 | | shall be
administered by the Department of Revenue under rules |
11 | | adopted by that
Department.
|
12 | | (f) The Department of Revenue shall issue a proof of |
13 | | payment receipt to
each operator of a drycleaning facility who |
14 | | has paid the appropriate fee in
cash or by guaranteed |
15 | | remittance, credit card, or business check. However, the |
16 | | Department of Revenue shall not
issue a proof of payment |
17 | | receipt to a drycleaning facility that is liable to
the |
18 | | Department of Revenue for a tax imposed under this Act. The |
19 | | original
receipt shall be presented to the Council by the |
20 | | operator of a drycleaning
facility.
|
21 | | (g) (Blank).
|
22 | | (h) The Council and the Department of Revenue may adopt |
23 | | rules as necessary
to administer the licensing
requirements of |
24 | | this Act.
|
25 | | (Source: P.A. 96-774, eff. 1-1-10; 97-332, eff. 8-12-11; |
26 | | 97-377, eff. 1-1-12; 97-663, eff. 1-13-12; 97-813, eff. |
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1 | | 7-13-12; 97-1057, eff. 1-1-13.)
|
2 | | (415 ILCS 135/61 new) |
3 | | Sec. 61. Drycleaning facility license. |
4 | | (a) Beginning July 1, 2014, the Illinois Environmental |
5 | | Protection Agency shall administer and enforce the licensing |
6 | | provisions of this Act. |
7 | | (b) Beginning July 1, 2014, no person shall operate a |
8 | | drycleaning
facility in this State that uses perchloroethylene |
9 | | or other chlorine-based drycleaning solvents without a license |
10 | | issued by the Agency. Beginning july 1, 2014, drycleaning |
11 | | facilities that do not use perchloroethylene or other |
12 | | chlorine-based drycleaning solvents are no longer subject to |
13 | | licensure under this Act. |
14 | | (c) The Agency shall issue an initial or renewal license to |
15 | | a drycleaning
facility on submission by an applicant of a |
16 | | completed form prescribed by the
Agency, proof of payment of |
17 | | the required fee to the Agency, and, if the drycleaning |
18 | | facility has previously received or is currently receiving |
19 | | reimbursement for the costs of a remedial action, as defined in |
20 | | this Act, proof of compliance with subsection (j) of Section |
21 | | 40. |
22 | | License renewal application forms must include a |
23 | | certification by the applicant of the quantity of |
24 | | chlorine-based drycleaning solvents purchased during the |
25 | | previous calendar year for use in drycleaning operations. This |
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1 | | certification shall be made in the form and manner prescribed |
2 | | by the Agency. The Agency may impose reporting or documentation |
3 | | requirements on licensees for the purpose of verifying such |
4 | | purchases and may investigate any circumstances necessary to |
5 | | verify this certification. |
6 | | License renewal application forms must include a |
7 | | certification by the applicant that all hazardous waste stored |
8 | | at the drycleaning facility is stored in accordance with all |
9 | | applicable federal and state laws and regulations, and that all |
10 | | hazardous waste transported from the drycleaning facility is |
11 | | transported in accordance with all applicable federal and state |
12 | | laws and regulations. |
13 | | License renewal applications must also include copies of |
14 | | all manifests for hazardous waste transported from the |
15 | | drycleaning facility during the previous calendar year or since |
16 | | the last submission of copies of manifests, whichever is |
17 | | longer. If the Agency does not receive a copy of a manifest for |
18 | | a drycleaning facility using perchloroethylene or other |
19 | | chlorine-based drycleaning solvents within a 3-year period, or |
20 | | within a shorter period as determined by the Agency, the Agency |
21 | | shall make appropriate inquiry into the management of hazardous |
22 | | waste at the facility and may share the results of the inquiry |
23 | | with the Council. |
24 | | (d) Beginning July 1, 2014, the annual fee for licensure |
25 | | shall be equal to the sum of the following: |
26 | | (1) an amount equal to (i) $500 for a facility that |
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1 | | uses 300 gallons or
less of
chlorine-based drycleaning |
2 | | solvents annually, (ii) $1,000 for a facility that uses |
3 | | more than 300 gallons but not more
than
600 gallons of |
4 | | chlorine-based drycleaning solvents annually, or (iii) |
5 | | $2,000 for a facility that uses more than 600 gallons of
|
6 | | chlorine-based drycleaning solvents annually; plus |
7 | | (2) an amount equal to $3.50 per gallon of |
8 | | chlorine-based drycleaning solvents purchased during the |
9 | | previous calendar year for use in drycleaning operations. |
10 | | The Council
shall determine by rule which products are
|
11 | | chlorine-based solvents, which products are petroleum-based
|
12 | | solvents, and which products are green solvents. A drycleaning |
13 | | solvent
shall be presumed
to be a chlorine-based drycleaning |
14 | | solvent unless the Council has determined
that the solvent is |
15 | | either a petroleum-based drycleaning solvent or a green
|
16 | | solvent. |
17 | | The Council may adjust licensing fees annually based on the |
18 | | published
Consumer Price Index - All Urban Consumers ("CPI-U") |
19 | | or as otherwise determined
by the Council. |
20 | | (e) A license issued under this Section shall expire on |
21 | | July 1 of the year following the year
of issuance and may be |
22 | | renewed on reapplication to the Agency and payment of the |
23 | | appropriate fee to the Agency. At least 30 days before payment |
24 | | of a
renewal licensing fee is due, the Agency shall attempt to: |
25 | | (1) notify the operator of each licensed drycleaning
|
26 | | facility concerning the requirements of this Section;
and |
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1 | | (2) provide the necessary application forms to the
|
2 | | operator of each licensed drycleaning facility.
|
3 | | (415 ILCS 135/65)
|
4 | | (Section scheduled to be repealed on January 1, 2020)
|
5 | | Sec. 65. Drycleaning solvent tax.
|
6 | | (a) On and after January 1, 1998 and until July 1, 2014 , a |
7 | | tax is imposed upon
the use of drycleaning solvent by a person |
8 | | engaged in the business of operating
a drycleaning facility in |
9 | | this State at the rate of $3.50 per gallon of
perchloroethylene |
10 | | or other chlorinated drycleaning solvents used in
drycleaning |
11 | | operations, $0.35 per gallon of
petroleum-based drycleaning |
12 | | solvent, and $1.75 per gallon of green solvents,
unless the |
13 | | green solvent is used at a virgin facility, in which case the |
14 | | rate
is $0.35 per gallon. The Council
shall determine by rule |
15 | | which products are
chlorine-based solvents, which products are |
16 | | petroleum-based
solvents, and which products are green |
17 | | solvents. All drycleaning solvents
shall be considered
|
18 | | chlorinated solvents unless the Council determines
that the |
19 | | solvents are petroleum-based drycleaning solvents or green
|
20 | | solvents.
|
21 | | On July 1, 2014, the tax imposed by this Section is |
22 | | abolished. |
23 | | (b) The tax imposed by this Act shall be collected from the |
24 | | purchaser at
the time of sale by a seller of drycleaning |
25 | | solvents maintaining a place of
business in this State and |
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1 | | shall be remitted to the Department of Revenue under
the
|
2 | | provisions of this Act.
|
3 | | (c) The tax imposed by this Act that is not collected by a |
4 | | seller of
drycleaning solvents shall be paid directly to the |
5 | | Department of Revenue by the
purchaser or end user who is |
6 | | subject to the tax imposed by this Act.
|
7 | | (d) No tax shall be imposed upon the use of drycleaning |
8 | | solvent if the
drycleaning solvent will not be used in a |
9 | | drycleaning facility or if a floor
stock
tax has been imposed |
10 | | and paid on the drycleaning solvent. Prior to the
purchase of |
11 | | the solvent, the purchaser shall provide a written and signed
|
12 | | certificate to the drycleaning solvent seller stating:
|
13 | | (1) the name and address of the purchaser;
|
14 | | (2) the purchaser's signature and date of signing; and
|
15 | | (3) one of the following:
|
16 | | (A) that the drycleaning solvent will not be used |
17 | | in a drycleaning
facility; or
|
18 | | (B) that a floor stock tax has been imposed and |
19 | | paid on the drycleaning
solvent.
|
20 | | (e) On January 1, 1998, there is imposed on each operator |
21 | | of a
drycleaning facility a tax on drycleaning
solvent held by |
22 | | the operator on that date for use in
a drycleaning facility.
|
23 | | The tax imposed shall be
the tax that would have been imposed |
24 | | under
subsection (a)
if the drycleaning solvent held by the |
25 | | operator on that date had been
purchased
by the operator during
|
26 | | the first year of this Act.
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1 | | (f) On or before the 25th day of the 1st month following |
2 | | the end of the
calendar quarter, a seller of drycleaning |
3 | | solvents who has collected a tax
pursuant to this Section |
4 | | during the previous calendar quarter, or a purchaser
or end |
5 | | user of
drycleaning solvents required under subsection (c) to |
6 | | submit the tax directly
to the Department, shall file a return
|
7 | | with the Department of Revenue. The return shall be filed on a |
8 | | form prescribed
by the Department of Revenue and shall contain |
9 | | information that the Department
of
Revenue reasonably |
10 | | requires, but at a minimum will require the reporting of
the |
11 | | volume of
drycleaning solvent sold to each licensed drycleaner. |
12 | | The Department of Revenue
shall report quarterly to the Council |
13 | | the volume of drycleaning solvent
purchased for the quarter by |
14 | | each licensed drycleaner. Each seller of
drycleaning solvent |
15 | | maintaining a
place of business in this State who is required |
16 | | or authorized to collect the
tax imposed by this Act shall pay |
17 | | to the Department the amount of the tax at
the time when he or |
18 | | she is required to file his or her return for the period
during |
19 | | which the tax was collected. Purchasers or end users remitting |
20 | | the tax
directly to
the Department under subsection (c) shall |
21 | | file a return with
the Department of Revenue and pay the tax so |
22 | | incurred by the purchaser or end
user during
the preceding |
23 | | calendar quarter. |
24 | | Except as otherwise provided in this Section, the seller of |
25 | | drycleaning solvents filing the return under this Section |
26 | | shall, at the time of filing the return, pay to the Department |
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1 | | the amount of tax imposed by this Act less a discount of 1.75%, |
2 | | or $5 per calendar year, whichever is greater. Failure to |
3 | | timely file the returns and provide to the Department the data |
4 | | requested under this Act will result in disallowance of the |
5 | | reimbursement discount.
|
6 | | (g) The tax on drycleaning solvents
used in drycleaning |
7 | | facilities and the floor stock tax shall be administered by
|
8 | | Department of Revenue
under rules adopted by that Department.
|
9 | | (h) On and after January 1, 1998 and until July 1, 2014 , no |
10 | | person shall knowingly sell or transfer
drycleaning solvent to |
11 | | an operator of a drycleaning facility that is not
licensed by |
12 | | the Council under Section 60.
|
13 | | (i) The Department of Revenue may adopt rules
as necessary |
14 | | to implement this Section.
|
15 | | (Source: P.A. 96-774, eff. 1-1-10.)
|
16 | | (415 ILCS 135/67)
|
17 | | Sec. 67. Certification of registration. On and after |
18 | | January 1, 1998 and until July 1, 2014 , no
person shall engage |
19 | | in the business of selling drycleaning solvents in this
State
|
20 | | without a certificate of registration issued by the Department |
21 | | of Revenue. Until July 1, 2014, a A
person, officer or director |
22 | | of a corporation, partner or member of
a partnership, or |
23 | | manager or member of a limited liability company who
engages in |
24 | | the business of selling drycleaning solvents in this State |
25 | | without a
certificate of registration issued by the Department |
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1 | | of Revenue is guilty of a
Class
A misdemeanor. Until July 1, |
2 | | 2014, a A person, manager or member of a limited liability |
3 | | company,
officer or director of a corporation, or partner or |
4 | | member of a
partnership who engages in the business of selling |
5 | | drycleaning solvents in
this State after the certificate of |
6 | | registration
has been revoked is guilty of
a Class A |
7 | | misdemeanor. Each day that the person, officer or director of |
8 | | the
corporation, manager or member of the limited liability
|
9 | | company, or partner or member of the partnership is engaged in |
10 | | business without
a
certificate of
registration, or after the |
11 | | certification of registration
has been revoked,
constitutes a |
12 | | separate offense.
|
13 | | A purchaser who obtains a registration number or resale |
14 | | number from the
Department of Revenue through |
15 | | misrepresentation, who represents to a seller
that the |
16 | | purchaser has a registration number or a resale number from the
|
17 | | Department of Revenue when he or she knows that he or she does |
18 | | not have the
number, or who knowingly uses
his or
her |
19 | | registration number or resale number to make a seller believe |
20 | | that he or
she
is buying drycleaning solvents for resale when |
21 | | the purchaser in fact knows that
is not the purpose of the |
22 | | purchase, is guilty of a Class 4 felony.
|
23 | | (Source: P.A. 90-502, eff. 8-19-97.)
|
24 | | (415 ILCS 135/69) |
25 | | Sec. 69. Civil penalties. |
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1 | | (a) Except as provided in this Section, any person who |
2 | | violates any provision
of this Act or any rule or regulation |
3 | | adopted by the Council or the Agency under this Act , or any |
4 | | license or registration or term or condition thereof, or that |
5 | | violates any order of the Council under this Act, shall be |
6 | | liable for a civil penalty as provided in this Section. The |
7 | | penalties may, upon order of the Council or a court of |
8 | | competent jurisdiction, be made payable to the Drycleaner |
9 | | Environmental Response Trust Fund, to be used in accordance |
10 | | with the provisions of the Drycleaner Environmental Response |
11 | | Trust Fund Act. |
12 | | (b) Notwithstanding the provisions of subsection (a) of |
13 | | this Section: |
14 | | (1) Any person who violates subsection (a) of Section |
15 | | 60 of this Act by failing to pay the license fee when due |
16 | | may be assessed a civil penalty of $5 per day for each day |
17 | | after the license fee is due until the license fee is paid. |
18 | | The penalty shall be effective for license fees due on or |
19 | | after July 1, 1999 and before June 30, 2011. For license |
20 | | fees due on or after July 1, 2011, any person who violates |
21 | | subsection (a) of Section 60 or 61 of this Act by failing |
22 | | to pay the license fee when due may be assessed a civil |
23 | | penalty, beginning on the 31st day after the license fee is |
24 | | due, in the following amounts: (i) beginning on the 31st |
25 | | day after the license fee is due and until the 60th day |
26 | | after the license fee is due, $3 for each day during which |
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1 | | the license fee is not paid and (ii) beginning on the 61st |
2 | | day after the license fee is due and until the license fee |
3 | | is paid, $5 for each day during which the license fee is |
4 | | not paid. Beginning July 1, 2014, civil penalties for |
5 | | failure to obtain a license required under Section 61, to |
6 | | pay a license fee required under that Section, or to comply |
7 | | with any rule of the Agency adopted under this Act may be |
8 | | imposed by the Agency rather than the Council, and in such |
9 | | cases references in this Section to the Council shall be |
10 | | deemed to mean the Agency. |
11 | | (2) Any person who violates subsection (d) or (h) of |
12 | | Section 65 of this Act shall be liable for a civil penalty |
13 | | not to exceed $500 for the first violation and a civil |
14 | | penalty not to exceed $5,000 for a second or subsequent |
15 | | violation. |
16 | | (3) Any person who violates Section 67 of this Act |
17 | | shall be liable for a civil penalty not to exceed $100 per |
18 | | day for each day the person is not registered to sell |
19 | | drycleaning solvents. |
20 | | (c) The Council shall issue an administrative assessment |
21 | | setting forth any penalties it imposes under subsection (b) of |
22 | | this Section and shall serve notice of the assessment upon the |
23 | | party assessed. The Council's determination shall be
deemed |
24 | | correct and shall serve as evidence of the correctness of the |
25 | | Council's determination that a penalty is due. Proof of a |
26 | | determination by the Council may be made at any administrative |
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1 | | hearing or in any legal proceeding by a reproduced copy or |
2 | | computer print-out of the Council's record relating thereto in |
3 | | the name of the Council under the certificate of the Council. |
4 | | If reproduced copies of the Council's records are offered |
5 | | as proof of a penalty assessment, the Council must certify that |
6 | | those copies are true and exact copies of records on file with |
7 | | the Council. If computer print-outs of the Council's records |
8 | | are offered as proof of a determination, the Council Chairman |
9 | | must certify that those computer print-outs are true and exact |
10 | | representations of records properly entered into standard |
11 | | electronic computing equipment, in the regular course of the |
12 | | Council's business, at or reasonably near the time of the |
13 | | occurrence of the facts recorded, from trustworthy and reliable |
14 | | information. A certified reproduced copy or certified computer |
15 | | print-out shall, without further proof, be admitted into |
16 | | evidence in any administrative or legal proceeding and is prima |
17 | | facie proof of the correctness of the Council's determination. |
18 | | Whenever notice is required by this Section, the notice may |
19 | | be given by United States registered or certified mail, |
20 | | addressed to the person concerned at his last known address, |
21 | | and proof of mailing shall be sufficient for the purposes of |
22 | | this Act. Notice of any hearing provided for by this Act shall |
23 | | be given not less than 7 days before the day fixed for the |
24 | | hearing. Following the initial contact of a person represented |
25 | | by an attorney, the Council shall not contact that person but |
26 | | shall only contact the attorney representing that person. |
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1 | | (d) The penalties provided for in this Section may be |
2 | | recovered in a civil action instituted by the Attorney General |
3 | | in the name of the people of the State of Illinois. |
4 | | (e) The Attorney General may also, at the request of the |
5 | | Council or on his or her own motion, institute a civil action |
6 | | for an injunction, prohibitory or mandatory, to restrain |
7 | | violations of this Act, any rule or regulation adopted under |
8 | | this Act, any license or registration or term or condition of a |
9 | | license or registration, or any Council order, or to require |
10 | | other actions as may be necessary to address violations |
11 | | thereof. |
12 | | (f) Without limiting any other authority which may exist |
13 | | for the awarding of attorney's fees and costs, the Council, or |
14 | | a court of competent jurisdiction, may award costs and |
15 | | reasonable attorney's fees, including the reasonable costs of |
16 | | expert witnesses and consultants, to the Attorney General in a |
17 | | case where the Attorney General has prevailed against a person |
18 | | who has committed a willful, knowing, or repeated violation of |
19 | | this Act, any rule or regulation adopted under
this Act, any |
20 | | license or registration or term or condition of a license or |
21 | | registration, or any Council order. Any funds collected under |
22 | | this subsection (f) in which the Attorney General has prevailed |
23 | | shall be deposited in the Drycleaner Environmental Response |
24 | | Trust Fund created in Section 10 of this Act. |
25 | | (g) All final orders imposing civil penalties under this |
26 | | Section shall prescribe the time for payment of the penalties. |
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1 | | If any penalty is not paid within the time prescribed, interest |
2 | | on the penalty shall be paid, at the rate set forth in Section |
3 | | 3-2 of the Illinois Uniform Penalty and Interest Act, for the |
4 | | period from the date payment is due until the date payment is |
5 | | received. However, if the time for payment is stayed during the |
6 | | pendency of an appeal, interest shall not accrue during the |
7 | | stay.
|
8 | | (Source: P.A. 96-774, eff. 1-1-10; 97-332, eff. 8-12-11.)
|
9 | | (415 ILCS 135/70)
|
10 | | Sec. 70. Deposit of fees and taxes. |
11 | | (a) All license fees and taxes collected
by the
Department |
12 | | of Revenue under this Act shall be deposited into the Fund, |
13 | | less 4%
of the moneys collected which shall be deposited by the |
14 | | State Treasurer into
the Tax Compliance and Administration Fund |
15 | | and
shall be used, subject to appropriation, by the Department |
16 | | of Revenue to cover
the
costs of the Department in collecting |
17 | | the license fees and taxes
under this Act, and less an amount |
18 | | sufficient to provide refunds under this
Act.
|
19 | | (b) All license fees collected
by the
Agency under this Act |
20 | | shall be deposited into the Fund, less 4%
of the moneys |
21 | | collected which shall be deposited by the State Treasurer into
|
22 | | the Environmental Protection Permit and Inspection Fund and
|
23 | | shall be used, subject to appropriation, by the Agency to cover
|
24 | | the
costs of the Agency in collecting the license fees and |
25 | | administering licensure under this Act. |
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1 | | (Source: P.A. 90-502, eff. 8-19-97.)
|
2 | | (415 ILCS 135/75)
|
3 | | Sec. 75. Adjustment of fees and taxes. Beginning January 1, |
4 | | 2000, and
annually
after that date, the
Council shall adjust |
5 | | the copayment obligation of subsection (e) of Section 40,
the |
6 | | drycleaning solvent taxes of Section 65, the license
fees of |
7 | | Section 60 or 61 , or any combination of adjustment of
each, |
8 | | after notice and opportunity for public comment, in a
manner |
9 | | determined necessary and appropriate to ensure
viability of the |
10 | | Fund and to encourage the owner or operator of a drycleaning
|
11 | | facility to use green solvents. Viability of the Fund shall |
12 | | consider the
settlement of all current claims subject to |
13 | | prioritization of
benefits under subsection (c) of Section 25, |
14 | | consistent with the purposes of
this Act.
|
15 | | (Source: P.A. 93-201, eff. 1-1-04.)
|
16 | | Section 99. Effective date. This Act takes effect upon |
17 | | becoming law.".
|