Full Text of SB2443 100th General Assembly
SB2443sam002 100TH GENERAL ASSEMBLY | Sen. Laura M. Murphy Filed: 2/27/2018
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| 1 | | AMENDMENT TO SENATE BILL 2443
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2443 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 10, 40, and 85 as | 6 | | follows:
| 7 | | (415 ILCS 135/10)
| 8 | | Sec. 10. Drycleaner Environmental Response Trust Fund.
| 9 | | (a) The Drycleaner Environmental Response Trust Fund is | 10 | | created as a
special fund in the State Treasury.
Moneys | 11 | | deposited into the Fund shall be used solely
for the purposes | 12 | | of
the Council and for other purposes
as provided in
this Act.
| 13 | | The Fund shall include moneys credited to the Fund under this | 14 | | Act
and other moneys that by law may be credited to the Fund.
| 15 | | The State Treasurer may invest Funds deposited into
the Fund at | 16 | | the direction of the Council. Interest, income from the
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| 1 | | investments, and other income earned by the Fund shall be | 2 | | credited to and
deposited into the Fund.
| 3 | | Pursuant to appropriation, all moneys in the Drycleaner | 4 | | Environmental
Response Trust Fund shall be disbursed by the | 5 | | Agency to the Council
for the purpose of making disbursements,
| 6 | | if any, in accordance with this Act and for the purpose of | 7 | | paying
the ordinary and
contingent
expenses of the Council. | 8 | | After June 30, 1999, pursuant to appropriation, all
moneys in | 9 | | the Drycleaner Environmental Response Trust Fund may be used by | 10 | | the
Council for the purpose of making disbursements, if any, in | 11 | | accordance with
this Act and for the purpose of paying the | 12 | | ordinary and contingent expenses of
the Council.
| 13 | | The Fund may be divided into different accounts with | 14 | | different
depositories to fulfill the purposes of the Act as | 15 | | determined by the Council.
| 16 | | Moneys in the Fund at the end of a State fiscal year
shall | 17 | | be carried forward to the next fiscal year and shall not revert | 18 | | to
the General Revenue Fund.
| 19 | | Notwithstanding any other law to the contrary, the | 20 | | Drycleaner Environmental Response Trust Fund is not subject to | 21 | | sweeps, administrative charge-backs, or any other fiscal | 22 | | maneuver that would in any way transfer any amounts from the | 23 | | Drycleaner Environmental Response Trust Fund into any other | 24 | | fund of the State. | 25 | | (b) The specific purposes of the Fund include but are not | 26 | | limited to
the following:
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| 1 | | (1) To establish an account to fund remedial action of | 2 | | drycleaning
solvent releases from drycleaning facilities | 3 | | as provided by
Section 40.
| 4 | | (2) To establish an insurance account for insuring | 5 | | environmental risks
from releases from drycleaning | 6 | | facilities within this State as
provided by Section 45.
| 7 | | (c) The State, the General Revenue Fund, and any other Fund | 8 | | of
the
State, other than the Drycleaner Environmental Response | 9 | | Trust Fund, shall not
be
liable for a claim or cause of action | 10 | | in connection with a drycleaning facility
not owned or operated | 11 | | by the State or an agency of the State. All expenses
incurred | 12 | | by the Fund shall be payable solely from the Fund and
no | 13 | | liability or obligation shall be imposed upon the State. The | 14 | | State is not
liable for a claim presented against the Fund.
| 15 | | (d) The liability of the Fund is limited to the extent of | 16 | | coverage provided
by the account under which a claim is | 17 | | submitted, subject to the terms and
conditions of that | 18 | | coverage. The liability of the Fund is further limited by
the | 19 | | moneys made available to the Fund, and no remedy shall be | 20 | | ordered
that would require the Fund to exceed its then current | 21 | | funding limitations
to satisfy an award or which would restrict | 22 | | the availability of moneys for
higher priority sites.
| 23 | | (e) Nothing in this Act shall be construed to limit, | 24 | | restrict, or affect the
authority and powers of the Agency or | 25 | | another State agency or statute unless
the
State agency or | 26 | | statute is specifically referenced and the limitation is
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| 1 | | clearly set forth in this Act.
| 2 | | (Source: P.A. 90-502, eff. 8-19-97; 91-453, eff. 8-6-99.)
| 3 | | (415 ILCS 135/40)
| 4 | | Sec. 40. Remedial action account.
| 5 | | (a) The remedial action account is established to provide | 6 | | reimbursement to
eligible
claimants for
drycleaning solvent | 7 | | investigation, remedial action planning, and
remedial action | 8 | | activities for existing drycleaning solvent contamination
| 9 | | discovered at their drycleaning facilities.
| 10 | | (b) The following persons are eligible for reimbursement | 11 | | from the remedial
action account:
| 12 | | (1) In the case of claimant who is the owner or | 13 | | operator of an active
drycleaning
facility licensed by the | 14 | | Council under this Act at the time of application for
| 15 | | remedial action benefits afforded under
the Fund, the
| 16 | | claimant is only eligible for reimbursement of remedial
| 17 | | action costs incurred in connection with a release
from | 18 | | that drycleaning facility,
subject to any other | 19 | | limitations under this Act.
| 20 | | (2) In the case of a claimant who is the owner of an | 21 | | inactive drycleaning
facility and
was the owner or operator | 22 | | of the drycleaning facility when it was
an active | 23 | | drycleaning facility, the claimant is only eligible for
| 24 | | reimbursement of remedial action costs incurred in
| 25 | | connection with a release from the drycleaning facility,
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| 1 | | subject to any other limitations under
this Act.
| 2 | | (c) An eligible claimant requesting reimbursement from the | 3 | | remedial action
account shall meet all of the following:
| 4 | | (1) The claimant demonstrates that the source of the | 5 | | release is from
the claimant's drycleaning facility.
| 6 | | (2) At the time the release was discovered by the | 7 | | claimant, the claimant
and the drycleaning facility were in | 8 | | compliance with the Agency reporting
and technical | 9 | | operating requirements.
| 10 | | (3) The claimant reported the release in a timely | 11 | | manner to
the Agency in accordance with State law.
| 12 | | (4) (Blank).
| 13 | | (5) If the claimant is the owner or operator of an | 14 | | active drycleaning
facility, the claimant has provided to | 15 | | the Council proof of implementation and
maintenance of the | 16 | | following pollution prevention measures:
| 17 | | (A) That all drycleaning solvent wastes generated | 18 | | at a drycleaning
facility be managed in accordance with | 19 | | applicable State
waste management laws and rules.
| 20 | | (B) A prohibition on the discharge of wastewater | 21 | | from drycleaning
machines or of drycleaning solvent | 22 | | from drycleaning
operations to a sanitary sewer or | 23 | | septic tank or to the
surface or in groundwater.
| 24 | | (C) That every drycleaning facility:
| 25 | | (I) install a containment dike or other | 26 | | containment
structure around each machine, item of |
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| 1 | | equipment, drycleaning area, and portable waste | 2 | | container in which
any
drycleaning solvent is | 3 | | utilized, which shall be capable
of containing | 4 | | leaks, spills, or releases of
drycleaning
solvent | 5 | | from that machine, item, area, or container. The | 6 | | containment
dike or other containment structure | 7 | | shall be capable of at least the following:
(i) | 8 | | containing a capacity of 110% of the drycleaning | 9 | | solvent in the largest
tank or vessel within the | 10 | | machine; (ii) containing 100% of the drycleaning
| 11 | | solvent of each item of equipment or drycleaning | 12 | | area; and (iii) containing
100% of the drycleaning | 13 | | solvent of the largest portable waste container or | 14 | | at
least 10% of the total volume of the portable | 15 | | waste containers stored within
the containment | 16 | | dike or structure, whichever is greater.
| 17 | | Petroleum underground storage tank systems | 18 | | that are upgraded in
accordance with USEPA upgrade | 19 | | standards pursuant to 40 CFR Part 280 for the
tanks | 20 | | and
related piping systems and use a leak detection | 21 | | system approved by the USEPA or
IEPA are exempt | 22 | | from this secondary containment requirement; and
| 23 | | (II) seal or otherwise render impervious those | 24 | | portions of
diked floor surfaces on which a | 25 | | drycleaning
solvent may leak, spill, or otherwise | 26 | | be released.
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| 1 | | (D) A requirement that all drycleaning solvent | 2 | | shall be delivered
to drycleaning facilities by means | 3 | | of closed, direct-coupled
delivery systems.
| 4 | | (6) An active drycleaning facility has maintained | 5 | | continuous financial
assurance for environmental liability | 6 | | coverage in the amount of at least
$500,000 at least since | 7 | | the date of award of benefits under this Section
or July 1, | 8 | | 2000, whichever is earlier.
An uninsured drycleaning | 9 | | facility that
has filed an application for insurance with | 10 | | the Fund by January 1, 2004,
obtained insurance through | 11 | | that application, and maintained that insurance
coverage | 12 | | continuously shall be considered to have conformed with the
| 13 | | requirements of this subdivision (6). To conform with this | 14 | | requirement the
applicant must pay the equivalent of the | 15 | | total premiums due for the period
beginning June 30, 2000 | 16 | | through the date of application plus a 20% penalty of
the | 17 | | total premiums due for that period.
| 18 | | (7) The release was discovered on or after July
1, 1997 | 19 | | and before July 1, 2006.
| 20 | | (d) A claimant shall submit a completed application form
| 21 | | provided by the Council. The application shall contain | 22 | | documentation of
activities, plans, and expenditures | 23 | | associated with the eligible costs
incurred in response to a | 24 | | release of drycleaning solvent from a
drycleaning facility. | 25 | | Application for remedial action account benefits must be
| 26 | | submitted to the Council on or before June 30, 2005.
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| 1 | | (e) Claimants shall be subject to the following deductible | 2 | | requirements,
unless modified pursuant to the Council's | 3 | | authority under
Section 75:
| 4 | | (1) An eligible claimant submitting a claim
for an | 5 | | active drycleaning facility is responsible for the first | 6 | | $5,000 of
eligible investigation costs and for the first | 7 | | $10,000 of eligible remedial
action costs incurred in | 8 | | connection with the release from the drycleaning
facility | 9 | | and is only eligible for reimbursement for costs that | 10 | | exceed
those amounts, subject to any other limitations of | 11 | | this Act.
| 12 | | (2) An eligible claimant submitting a
claim for an | 13 | | inactive drycleaning facility is responsible for the first | 14 | | $10,000
of eligible investigation costs and for the first | 15 | | $10,000 of eligible remedial
action costs incurred in | 16 | | connection with the release from that drycleaning
| 17 | | facility, and is only eligible for reimbursement for costs | 18 | | that exceed
those amounts, subject to any other limitations | 19 | | of this Act.
| 20 | | (f) Claimants are subject to the following limitations on | 21 | | reimbursement:
| 22 | | (1) Subsequent to meeting the deductible requirements | 23 | | of
subsection (e), and pursuant to the requirements of | 24 | | Section 75,
reimbursement shall not exceed $300,000 per | 25 | | active drycleaning facility and
$50,000 per inactive | 26 | | drycleaning facility.
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| 1 | | (2) A contract in which one of the parties to the | 2 | | contract is a claimant,
for goods or services that may be | 3 | | payable or reimbursable from
the Council, is void and | 4 | | unenforceable unless and until the Council has found
that | 5 | | the
contract terms are within the range of usual and | 6 | | customary rates
for similar or equivalent goods or services | 7 | | within this State and
has found that the goods or services | 8 | | are necessary for the claimant to
comply with Council | 9 | | standards or other applicable regulatory standards.
| 10 | | (3) A claimant may appoint the Council as an agent for | 11 | | the purposes of
negotiating contracts with suppliers of | 12 | | goods or services
reimbursable by the Fund. The Council may | 13 | | select another
contractor for goods or services other than | 14 | | the one offered by the
claimant if the scope of the | 15 | | proposed work or actual work of the
claimant's offered | 16 | | contractor does not reflect the quality of workmanship
| 17 | | required or if the costs are determined to be excessive, as | 18 | | determined by the
Council.
| 19 | | (4) The Council may require a claimant to obtain and | 20 | | submit 3 bids
and may require specific terms and conditions | 21 | | in a
contract subject to approval.
| 22 | | (5) The Council may enter into a contract or an | 23 | | exclusive contract with
the supplier of goods or services | 24 | | required by a claimant or class of
claimants, in connection | 25 | | with an expense reimbursable from the
Fund, for a specified | 26 | | good or service at a gross maximum
price or fixed rate, and |
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| 1 | | may limit reimbursement accordingly.
| 2 | | (6) Unless emergency conditions exist, a service | 3 | | provider shall
obtain the Council's approval of the budget | 4 | | for the remediation work
before commencing the work. No | 5 | | expense incurred that is above the budgeted
amount shall be | 6 | | paid unless the Council approves
the expense prior to its | 7 | | being incurred. All invoices and bills relating to
the | 8 | | remediation work shall be submitted with appropriate | 9 | | documentation, as
deemed
necessary by the Council.
| 10 | | (7) Neither the Council nor an eligible claimant is | 11 | | responsible for
payment for
costs incurred that have not | 12 | | been previously approved by the
Council, unless an | 13 | | emergency exists.
| 14 | | (8) The Council may determine the usual and customary | 15 | | costs of each
item for which reimbursement may be awarded | 16 | | under this Section.
The Council may revise the usual and | 17 | | customary costs from time
to time as necessary, but costs | 18 | | submitted for reimbursement shall
be subject to the rates | 19 | | in effect at the time the costs were
incurred.
| 20 | | (9) If a claimant has pollution liability insurance | 21 | | coverage other than
coverage provided by the insurance | 22 | | account under this Act,
that coverage shall be primary. | 23 | | Reimbursement from the remedial
account shall be limited to | 24 | | the deductible amounts under the primary
coverage and the
| 25 | | amount that exceeds the policy limits of the primary | 26 | | coverage,
subject to the deductible amounts of this Act. If |
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| 1 | | there is a
dispute between the claimant and the primary | 2 | | insurance provider,
reimbursement from the remedial action | 3 | | account may be made to the claimant
after the claimant
| 4 | | assigns all of his or her interests in the insurance | 5 | | coverage to the Council.
| 6 | | (g) The source of funds for the remedial action account | 7 | | shall be moneys
allocated to the account by the Council | 8 | | according to the Fund budget
approved by the Council.
| 9 | | (h) A drycleaning facility will be classified as active or | 10 | | inactive for
purposes of
determining benefits under this | 11 | | Section based on the status of the facility
on the date a claim | 12 | | is filed.
| 13 | | (i) Eligible claimants shall conduct remedial action in | 14 | | accordance with
the
Site Remediation Program under the | 15 | | Environmental Protection Act and Part 740 of
Title 35 of the | 16 | | Illinois Administrative Code and the Tiered Approach to Cleanup
| 17 | | Objectives under Part 742 of Title 35 of the Illinois | 18 | | Administrative Code.
| 19 | | (j) Effective January 1, 2012, an active drycleaning | 20 | | facility that has previously received or is currently receiving | 21 | | reimbursement for the costs of a remedial action, as defined in | 22 | | this Act, shall maintain continuous financial assurance for | 23 | | environmental liability coverage in the amount of at least | 24 | | $500,000 until the earlier of (i) January 1, 2030 2020 or (ii) | 25 | | the date the Council determines the drycleaning facility is an | 26 | | inactive drycleaning facility. Failure to comply with this |
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| 1 | | requirement will result in the revocation of the drycleaning | 2 | | facility's existing license and in the inability of the | 3 | | drycleaning facility to obtain or renew a license under Section | 4 | | 60 of this Act. | 5 | | (Source: P.A. 96-774, eff. 1-1-10; 97-377, eff. 1-1-12.)
| 6 | | (415 ILCS 135/85)
| 7 | | Sec. 85. Repeal of fee and tax provisions. Sections 60 and | 8 | | 65 of this Act
are repealed on January 1, 2030 2020 .
| 9 | | (Source: P.A. 93-201, eff. 1-1-04.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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