Full Text of SB0849 98th General Assembly
SB0849sam001 98TH GENERAL ASSEMBLY | Sen. James F. Clayborne, Jr. Filed: 4/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 849
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 849 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 5, 20, 30, 60, 65, 67, | 6 | | 68, 69, 70, and 75 and by adding Section 61 as follows:
| 7 | | (415 ILCS 135/5)
| 8 | | Sec. 5. Definitions. As used in this Act:
| 9 | | (a) "Active drycleaning facility" means a drycleaning | 10 | | facility actively
engaged in drycleaning operations and | 11 | | licensed under Section 60 of this
Act .
| 12 | | (b) "Agency" means the Illinois Environmental Protection | 13 | | Agency.
| 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.
| 2 | | (d) "Council" means the Drycleaner Environmental Response | 3 | | Trust Fund
Council.
| 4 | | (e) "Drycleaner Environmental Response Trust Fund" or | 5 | | "Fund" means the
fund created under Section 10 of this Act.
| 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:
| 9 | | (1) facility located on a United States military base;
| 10 | | (2) industrial laundry, commercial laundry, or linen | 11 | | supply facility;
| 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
| 15 | | incarcerated in a prison or penal institution or to | 16 | | resident patients of a
State-operated
mental health | 17 | | facility;
| 18 | | (4) not-for-profit hospital or other health care | 19 | | facility; or a
| 20 | | (5) facility located or formerly located on federal or | 21 | | State property.
| 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.
| 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.
| 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.
| 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.
| 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.
| 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.
| 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.
| 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.
| 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.
| 22 | | (q) "Person" means an individual, trust, firm, joint stock | 23 | | company,
corporation, consortium, joint venture, or other | 24 | | commercial entity.
| 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.
| 5 | | (t) "Remedial action" means activities taken to comply with
| 6 | | Sections 58.6 and 58.7 of the Environmental Protection Act and
| 7 | | rules adopted by the Pollution Control Board under those | 8 | | Sections.
| 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.
| 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.
| 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
| 21 | | green solvent drycleaning facility.
| 22 | | (Source: P.A. 93-201, eff. 1-1-04.)
| 23 | | (415 ILCS 135/20)
| 24 | | Sec. 20. Council and Agency rules.
| 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
| 4 | | rulemaking as provided under the Illinois Administrative | 5 | | Procedure Act.
| 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.
| 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
| 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.
| 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.
| 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.
| 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
| 6 | | from the Council, and the Council shall not make any | 7 | | investments, unless in
accordance with the Public Funds | 8 | | Investment Act.
| 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
| 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.
| 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.
| 13 | | (Source: P.A. 96-774, eff. 1-1-10.)
| 14 | | (415 ILCS 135/30)
| 15 | | Sec. 30. Independent contractors retained by Council.
| 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
| 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
| 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.
| 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.)
| 15 | | (415 ILCS 135/60)
| 16 | | (Section scheduled to be repealed on January 1, 2020)
| 17 | | Sec. 60. Drycleaning facility license.
| 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.
| 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.
| 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:
| 24 | | (1) $500 for a facility that uses (i) 50 gallons or
| 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
| 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.
| 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
| 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
| 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.
| 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.
| 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.".
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