Illinois General Assembly - Full Text of SB0171
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Full Text of SB0171  101st General Assembly

SB0171sam001 101ST GENERAL ASSEMBLY

Sen. Iris Y. Martinez

Filed: 4/26/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 171

2    AMENDMENT NO. ______. Amend Senate Bill 171 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Environmental Protection Act is amended by
5changing Section 22.57 as follows:
 
6    (415 ILCS 5/22.57)
7    Sec. 22.57. Perchloroethylene in drycleaning.
8    (a) For the purposes of this Section:
9    "Drycleaning" means the process of cleaning clothing,
10garments, textiles, fabrics, leather goods, or other like
11articles using a nonaqueous solvent.
12    "Drycleaning machine" means any machine, device, or other
13equipment used in drycleaning.
14    "Drycleaning solvents" means solvents used in drycleaning.
15    "Perchloroethylene drycleaning machine" means a
16drycleaning machine that uses perchloroethylene.

 

 

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1    "Primary control system" means a refrigerated condenser or
2an equivalent closed-loop vapor recovery system that reduces
3the concentration of perchloroethylene in the recirculating
4air of a perchloroethylene drycleaning machine.
5    "Refrigerated condenser" means a closed-loop vapor
6recovery system into which perchloroethylene vapors are
7introduced and trapped by cooling below the dew point of the
8perchloroethylene.
9    "Secondary control system" means a device or apparatus that
10reduces the concentration of perchloroethylene in the
11recirculating air of a perchloroethylene drycleaning machine
12at the end of the drying cycle beyond the level achievable with
13a refrigerated condenser alone.
14    (b) Beginning January 1, 2013:
15        (1) Perchloroethylene drycleaning machines in
16    operation on the effective date of this Section that have a
17    primary control system but not a secondary control system
18    can continue to be used until the end of their useful life,
19    provided that perchloroethylene drycleaning machines that
20    do not have a secondary control system cannot be operated
21    at a facility other than the facility at which they were
22    located on the effective date of this Section.
23        (2) Except as allowed under paragraph (1) of subsection
24    (b) of this Section, no person shall install or operate a
25    perchloroethylene drycleaning machine unless the machine
26    has a primary control system and a secondary control

 

 

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1    system.
2    (c) No Beginning January 1, 2014, no person shall operate a
3drycleaning machine unless all of the following are met:
4        (1) During the operation of any perchloroethylene
5    drycleaning machine, a person who has successfully
6    completed all continuing education requirements adopted by
7    the Board pursuant to Section 12 of the Drycleaner
8    Environmental Response Trust Fund Act with the following
9    training is present at the facility where the machine is
10    located. :
11            (A) Successful completion of an initial
12        environmental training course that is approved by the
13        Dry Cleaner Environmental Response Trust Fund Council,
14        in consultation with the Agency and representatives of
15        the drycleaning industry, as providing appropriate
16        training on drycleaning best management practices,
17        including, but not limited to, reducing solvent air
18        emissions, reducing solvent spills and leaks,
19        protecting groundwater, and promoting the efficient
20        use of solvents.
21            (B) Once every 4 years after completion of the
22        initial environmental training course, successful
23        completion of a refresher environmental training
24        course that is approved by the Dry Cleaner
25        Environmental Response Trust Fund Council, in
26        consultation with the Agency and representatives of

 

 

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1        the drycleaning industry, as providing (i) appropriate
2        review and updates on drycleaning best management
3        practices, including, but not limited to, reducing
4        solvent air emissions, reducing solvent spills and
5        leaks, protecting groundwater, and promoting the
6        efficient use of solvents, and (ii) information on
7        drycleaning solvents, technologies, and alternatives
8        that do not utilize perchloroethylene.
9        (2) For drycleaning facilities where one or more
10    perchloroethylene drycleaning machines are used, proof of
11    successful completion of all the training required by the
12    Board pursuant to Section 12 of the Drycleaner
13    Environmental Response Trust Fund Act under paragraph (1)
14    of subsection (c) of this Section is maintained at the
15    drycleaning facility. Proof of successful completion of
16    the training must be made available for inspection and
17    copying by the Agency or units of local government during
18    normal business hours. Training used to satisfy paragraph
19    (3) (2) of subsection (b) (d) of Section 60 45 of the
20    Drycleaner Environmental Response Trust Fund Act may also
21    be used to satisfy training requirements under paragraph
22    (1) of subsection (c) of this Section to the extent that
23    the training it meets the requirements of the Board rules
24    paragraph (1) of subsection (c) of this Section.
25        (3) All of the following secondary containment
26    measures are in place:

 

 

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1            (A) There is a containment dike or other
2        containment structure around each machine, item of
3        equipment, drycleaning area, and portable waste
4        container in which any drycleaning solvent is
5        utilized, which shall be capable of containing leaks,
6        spills, or releases of drycleaning solvent from that
7        machine, item, area, or container. The containment
8        dike or other containment structure shall be capable of
9        at least the following: (i) containing a capacity of
10        110% of the drycleaning solvent in the largest tank or
11        vessel within the machine; (ii) containing 100% of the
12        drycleaning solvent of each item of equipment or
13        drycleaning area; and (iii) containing 100% of the
14        drycleaning solvent of the largest portable waste
15        container or at least 10% of the total volume of the
16        portable waste containers stored within the
17        containment dike or structure, whichever is greater.
18        Petroleum underground storage tank systems that are
19        upgraded in accordance with USEPA upgrade standards
20        pursuant to 40 CFR Part 280 for the tanks and related
21        piping systems and use a leak detection system approved
22        by the USEPA or the Agency are exempt from this
23        subparagraph (A).
24            (B) Those portions of diked floor surfaces on which
25        a drycleaning solvent may leak, spill, or otherwise be
26        released have been sealed or otherwise rendered

 

 

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1        impervious.
2            (C) All chlorine-based drycleaning solvent is
3        delivered to the drycleaning facility by means of
4        closed, direct-coupled delivery systems. The Dry
5        Cleaner Environmental Response Trust Fund Council may
6        adopt rules specifying methods of delivery of solvents
7        other than chlorine-based solvents to drycleaning
8        facilities. Solvents other than chlorine-based
9        solvents must be delivered to drycleaning facilities
10        in accordance with rules adopted by the Dry Cleaner
11        Environmental Response Trust Fund Council.
12    (d) (Blank). Manufacturers of drycleaning solvents or
13other cleaning agents used as alternatives to
14perchloroethylene drycleaning that are sold or offered for sale
15in Illinois must, in accordance with Agency rules, provide to
16the Agency sufficient information to allow the Agency to
17determine whether the drycleaning solvents or cleaning agents
18may pose negative impacts to human health or the environment.
19These alternatives shall include, but are not limited to,
20drycleaning solvents or other cleaning agents used in
21solvent-based cleaning, carbon-dioxide based cleaning, and
22professional wet cleaning methods. The information shall
23include, but is not limited to, information regarding the
24physical and chemical properties of the drycleaning solvents or
25cleaning agents and toxicity data. No later than July 1, 2015,
26the Agency shall adopt in accordance with the Illinois

 

 

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1Administrative Procedure Act rules specifying the information
2that manufacturers must submit under this subsection (d). The
3rules must include, but shall not be limited to, a deadline for
4submission of the information to the Agency. No later than July
51, 2018, the Agency shall post information resulting from its
6review of the drycleaning solvents and cleaning agents on the
7Agency's website.
8    (e) (Blank). No later than January 1, 2016, the Agency
9shall submit to the General Assembly a report on the impact to
10groundwater from newly discovered releases of
11perchloroethylene from any source in this State. Depending on
12the nature and scope of any releases that have impacted
13groundwater, the report may include, but shall not be limited
14to, recommendations for reducing or eliminating impacts to
15groundwater from future releases.
16(Source: P.A. 97-1057, eff. 1-1-13.)
 
17    Section 10. The Drycleaner Environmental Response Trust
18Fund Act is amended by changing Sections 5, 10, 25, 40, 50, 55,
1960, 65, and 69, and by adding Sections 69.5 and 77 as follows:
 
20    (415 ILCS 135/5)
21    Sec. 5. Definitions. As used in this Act:
22    (a) "Active drycleaning facility" means a drycleaning
23facility actively engaged in drycleaning operations and
24licensed under Section 60 of this Act.

 

 

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1    (b) "Agency" means the Illinois Environmental Protection
2Agency.
3    "Board" means the Illinois Pollution Control Board.
4    (c) "Claimant" means an owner or operator of a drycleaning
5facility who has applied for reimbursement from the remedial
6account or who has submitted a claim under the insurance
7account with respect to a release.
8    (d) "Council" means the Drycleaner Environmental Response
9Trust Fund Council.
10    (e) "Drycleaner Environmental Response Trust Fund" or
11"Fund" means the fund created under Section 10 of this Act.
12    (f) "Drycleaning facility" means a facility located in this
13State that is or has been engaged in drycleaning operations for
14the general public, other than a:
15        (1) a facility located on a United States military
16    base;
17        (2) an industrial laundry, commercial laundry, or
18    linen supply facility;
19        (3) a prison or other penal institution that engages in
20    drycleaning only as part of a Correctional Industries
21    program to provide drycleaning to persons who are
22    incarcerated in a prison or penal institution or to
23    resident patients of a State-operated mental health
24    facility;
25        (4) a not-for-profit hospital or other health care
26    facility; or a

 

 

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1        (5) a facility located or formerly located on federal
2    or State property.
3    (g) "Drycleaning operations" means drycleaning of apparel
4and household fabrics for the general public, as described in
5Standard Industrial Classification Industry No. 7215 and No.
67216 in the Standard Industrial Classification Manual (SIC) by
7the Technical Committee on Industrial Classification.
8    (h) "Drycleaning solvent" means any and all nonaqueous
9solvents, including but not limited to a chlorine-based or
10petroleum-based formulation or product, including green
11solvents, that are used as a primary cleaning agent in
12drycleaning operations.
13    (i) "Emergency" or "emergency action" means a situation or
14an immediate response to a situation to protect public health
15or safety. "Emergency" or "emergency action" does not mean
16removal of contaminated soils, recovery of free product, or
17financial hardship. An "emergency" or "emergency action" would
18normally be expected to be directly related to a sudden event
19or discovery and would last until the threat to public health
20is mitigated.
21    (j) "Groundwater" means underground water that occurs
22within the saturated zone and geologic materials where the
23fluid pressure in the pore space is equal to or greater than
24the atmospheric pressure.
25    (k) "Inactive drycleaning facility" means a drycleaning
26facility that is not being used for drycleaning operations and

 

 

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1is not registered under this Act.
2    (l) "Maintaining a place of business in this State" or any
3like term means (1) having or maintaining within this State,
4directly or through a subsidiary, an office, distribution
5facility, distribution house, sales house, warehouse, or other
6place of business or (2) operating within this State as an
7agent or representative for a person or a person's subsidiary
8engaged in the business of selling to persons within this
9State, irrespective of whether the place of business or agent
10or other representative is located in this State permanently or
11temporary, or whether the person or the person's subsidiary
12engages in the business of selling in this State.
13    (m) "No Further Remediation Letter" means a letter provided
14by the Agency pursuant to Section 58.10 of Title XVII of the
15Environmental Protection Act.
16    (n) "Operator" means a person or entity holding a business
17license to operate a licensed drycleaning facility or the
18business operation of which the drycleaning facility is a part.
19    (o) "Owner" means (1) a person who owns or has possession
20or control of a drycleaning facility at the time a release is
21discovered, regardless of whether the facility remains in
22operation or (2) a parent corporation of the person under item
23(1) of this subdivision.
24    (p) "Parent corporation" means a business entity or other
25business arrangement that has elements of common ownership or
26control or that uses a long-term contractual arrangement with a

 

 

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1person to avoid direct responsibility for conditions at a
2drycleaning facility.
3    (q) "Person" means an individual, trust, firm, joint stock
4company, corporation, consortium, joint venture, or other
5commercial entity.
6    (r) "Program year" means the period beginning on July 1 and
7ending on the following June 30.
8    (s) "Release" means any spilling, leaking, emitting,
9discharging, escaping, leaching, or dispersing of drycleaning
10solvents from a drycleaning facility to groundwater, surface
11water, or subsurface soils.
12    (t) "Remedial action" means activities taken to comply with
13Title XVII Sections 58.6 and 58.7 of the Environmental
14Protection Act and rules adopted by the Pollution Control Board
15to administer that Title under those Sections.
16    (u) "Responsible party" means an owner, operator, or other
17person financially responsible for costs of remediation of a
18release of drycleaning solvents from a drycleaning facility.
19    (v) "Service provider" means a consultant, testing
20laboratory, monitoring well installer, soil boring contractor,
21other contractor, lender, or any other person who provides a
22product or service for which a claim for reimbursement has been
23or will be filed against the Fund remedial account or insurance
24account, or a subcontractor of such a person.
25    (w) "Virgin facility" means a drycleaning facility that has
26never had chlorine-based or petroleum-based drycleaning

 

 

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1solvents stored or used at the property prior to it becoming a
2green solvent drycleaning facility.
3(Source: P.A. 93-201, eff. 1-1-04.)
 
4    (415 ILCS 135/10)
5    Sec. 10. Drycleaner Environmental Response Trust Fund.
6    (a) The Drycleaner Environmental Response Trust Fund is
7created as a special fund in the State Treasury. Moneys
8deposited into the Fund shall be used by the Agency solely for
9the purposes of the Council and for other purposes as provided
10in this Act. The Fund shall include moneys credited to the Fund
11under this Act and other moneys that by law may be credited to
12the Fund. The State Treasurer may invest moneys Funds deposited
13into the Fund at the direction of the Council. Interest, income
14from the investments, and other income earned by the Fund shall
15be credited to and deposited into the Fund.
16    Pursuant to appropriation, all moneys in the Drycleaner
17Environmental Response Trust Fund shall be disbursed by the
18Agency to the Council for the purpose of making disbursements,
19if any, in accordance with this Act and for the purpose of
20paying the ordinary and contingent expenses of the Council.
21After June 30, 1999, pursuant to appropriation, all moneys in
22the Drycleaner Environmental Response Trust Fund may be used by
23the Council for the purpose of making disbursements, if any, in
24accordance with this Act and for the purpose of paying the
25ordinary and contingent expenses of the Council.

 

 

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1    The Fund may be divided into different accounts with
2different depositories to fulfill the purposes of the Act as
3determined by the Council.
4    Moneys in the Fund at the end of a State fiscal year shall
5be carried forward to the next fiscal year and shall not revert
6to the General Revenue Fund.
7    (b) The specific purposes of the Fund include, but are not
8limited to, the following:
9        (1) To establish an account to fund remedial action of
10    drycleaning solvent releases from drycleaning facilities
11    as provided by Section 40.
12        (2) To establish an insurance account for insuring
13    environmental risks from releases from drycleaning
14    facilities within this State as provided by Section 45.
15    (c) The State, the General Revenue Fund, and any other Fund
16of the State, other than the Drycleaner Environmental Response
17Trust Fund, shall not be liable for a claim or cause of action
18in connection with a drycleaning facility not owned or operated
19by the State or an agency of the State. All expenses incurred
20by the Fund shall be payable solely from the Fund and no
21liability or obligation shall be imposed upon the State. The
22State is not liable for a claim presented against the Fund.
23    (d) The liability of the Fund is limited to the extent of
24coverage provided by the account under which a claim is
25submitted, subject to the terms and conditions of that
26coverage. The liability of the Fund is further limited by the

 

 

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1moneys made available to the Fund, and no remedy shall be
2ordered that would require the Fund to exceed its then current
3funding limitations to satisfy an award or which would restrict
4the availability of moneys for higher priority sites.
5    (e) Nothing in this Act shall be construed to limit,
6restrict, or affect the authority and powers of the Agency or
7another State agency or statute unless the State agency or
8statute is specifically referenced and the limitation is
9clearly set forth in this Act.
10    (f) During each fiscal year, the Agency shall limit its
11administration of the Fund to no more $600,000 in
12administrative expenses. The limitation in this subsection (f)
13does not apply to costs incurred by the Agency in:
14        (1) reviewing remedial action under Title XVII of the
15    Environmental Protection Act; or
16        (2) performing investigative or remedial actions.
17(Source: P.A. 90-502, eff. 8-19-97; 91-453, eff. 8-6-99.)
 
18    (415 ILCS 135/25)
19    Sec. 25. Powers and duties of the Agency Council.
20    (a) The Agency Council shall have all of the general powers
21reasonably necessary and convenient to carry out its purposes
22and may perform the following functions, subject to any express
23limitations contained in this Act, including, but not limited
24to, the power to:
25        (1) Take actions and enter into agreements necessary

 

 

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1    to:
2            (A) reimburse claimants for eligible remedial
3        action expenses; , assist the Agency
4            (B) to protect the environment from releases for
5        which claimants are eligible for reimbursement under
6        this Act by, among other things, performing
7        investigative, remedial, or other appropriate actions
8        in response to those releases; and
9            (C) reduce costs associated with remedial actions.
10        , and establish and implement an insurance program.
11        (2) Acquire and hold personal property to be used for
12    the purpose of remedial action.
13        (3) (Blank). Purchase, construct, improve, furnish,
14    equip, lease, option, sell, exchange, or otherwise dispose
15    of one or more improvements under the terms it determines.
16    The Council may define "improvements" by rule for purposes
17    of this Act.
18        (4) (Blank). Grant a lien, pledge, assignment, or other
19    encumbrance on one or more revenues, assets of right,
20    accounts, or funds established or received in connection
21    with the Fund, including revenues derived from fees or
22    taxes collected under this Act.
23        (5) (Blank). Contract for the acquisition or
24    construction of one or more improvements or parts of one or
25    more improvements or for the leasing, subleasing, sale, or
26    other disposition of one or more improvements in a manner

 

 

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1    the Council determines.
2        (6) (Blank). Cooperate with the Agency in the
3    implementation and administration of this Act to minimize
4    unnecessary duplication of effort, reporting, or paperwork
5    and to maximize environmental protection within the
6    funding limits of this Act.
7        (7) Except as otherwise provided by law, inspect any
8    document in the possession of an owner, operator, service
9    provider, or any other person if the document is relevant
10    to a claim for reimbursement under this Section or may
11    inspect a drycleaning facility for which a claim for
12    benefits under this Act has been submitted.
13    (b) (Blank). The Council shall pre-approve, and the
14contracting parties shall seek pre-approval for, a contract
15entered into under this Act if the cost of the contract exceeds
16$75,000. The Council or its designee shall review and approve
17or disapprove all contracts entered into under this Act.
18However, review by the Council or its designee shall not be
19required when an emergency situation exists. All contracts
20entered into by the Council shall be awarded on a competitive
21basis to the maximum extent practical. In those situations
22where it is determined that bidding is not practical, the basis
23for the determination of impracticability shall be documented
24by the Council or its designee.
25    (c) The Agency shall, in accordance with Board rules,
26Council may prioritize the expenditure of funds from the

 

 

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1remedial action account whenever it determines that there are
2not sufficient funds to settle all current claims. In
3prioritizing, the Agency shall Council may consider, among
4other things, the following:
5        (1) the degree to which human health is affected by the
6    exposure posed by the release;
7        (2) the reduction of risk to human health derived from
8    remedial action compared to the cost of the remedial
9    action;
10        (3) the present and planned uses of the impacted
11    property; and
12        (4) whether the claimant is currently licensed,
13    insured, and has paid all fees and premiums due under this
14    Act; and
15        (5) (4) other factors as determined by the Board
16    Council.
17    (d) The Board may Council shall adopt rules allowing the
18direct payment from the Fund to a contractor who performs
19remediation. The rules concerning the direct payment shall
20include a provision that any applicable deductible must be paid
21by the drycleaning facility prior to any direct payment from
22the Fund.
23    (e) (Blank). The Council may purchase reinsurance coverage
24to reduce the Fund's potential liability for reimbursement of
25remedial action costs.
26    (f) The Agency may, in accordance with constitutional

 

 

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1limitations, enter at all reasonable times upon any private or
2public property for the purpose of inspecting and investigating
3to ascertain possible violations of this Act, any rule adopted
4under this Act, or any order entered pursuant to this Act.
5    (g) If the Agency becomes aware of a violation of this Act
6or any rule adopted under this Act, it may refer the matter to
7the Attorney General for enforcement.
8    (h) In calendar years 2021 and 2022 and as deemed necessary
9by the Director of the Agency thereafter, the Agency shall
10prepare a report on the status of the Fund and convene a public
11meeting for purposes of disseminating the information in the
12report and accepting questions from members of the public on
13its contents. The reports prepared by the Agency under this
14subsection shall, at a minimum, describe the current financial
15status of the Fund, identify administrative expenses incurred
16by the Agency in its administration of the Fund, identify
17amounts from the Fund that have been applied toward remedial
18action and insurance claims under the Act, and list the
19drycleaning facilities in the State eligible for reimbursement
20from the Fund that have completed remedial action. The Agency
21shall make available on its website an electronic copy of the
22reports required under this subsection.
23(Source: P.A. 93-201, eff. 1-1-04.)
 
24    (415 ILCS 135/40)
25    Sec. 40. Remedial action account.

 

 

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1    (a) The remedial action account is established to provide
2reimbursement to eligible claimants for drycleaning solvent
3investigation, remedial action planning, and remedial action
4activities for existing drycleaning solvent contamination
5discovered at their drycleaning facilities.
6    (b) The following persons are eligible for reimbursement
7from the remedial action account:
8        (1) In the case of claimant who is the owner or
9    operator of an active drycleaning facility licensed by the
10    Council under this Act at the time of application for
11    remedial action benefits afforded under the Fund, the
12    claimant is only eligible for reimbursement of remedial
13    action costs incurred in connection with a release from
14    that drycleaning facility, subject to any other
15    limitations under this Act.
16        (2) In the case of a claimant who is the owner of an
17    inactive drycleaning facility and was the owner or operator
18    of the drycleaning facility when it was an active
19    drycleaning facility, the claimant is only eligible for
20    reimbursement of remedial action costs incurred in
21    connection with a release from the drycleaning facility,
22    subject to any other limitations under this Act.
23    (c) An eligible claimant requesting reimbursement from the
24remedial action account shall meet all of the following:
25        (1) The claimant demonstrates that the source of the
26    release is from the claimant's drycleaning facility.

 

 

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1        (2) At the time the release was discovered by the
2    claimant, the claimant and the drycleaning facility were in
3    compliance with the Agency reporting and technical
4    operating requirements.
5        (3) The claimant reported the release in a timely
6    manner to the Agency in accordance with State law.
7        (4) The drycleaning facility site is enrolled in the
8    Site Remediation Program established under Title XVII of
9    the Environmental Protection Act. (Blank).
10        (5) If the claimant is the owner or operator of an
11    active drycleaning facility, the claimant must ensure that
12    has provided to the Council proof of implementation and
13    maintenance of the following pollution prevention
14    measures:
15            (A) All That all drycleaning solvent wastes
16        generated at the a drycleaning facility are be managed
17        in accordance with applicable State waste management
18        laws and rules.
19            (B) There is no A prohibition on the discharge of
20        wastewater from drycleaning machines, or of
21        drycleaning solvent from drycleaning operations, to a
22        sanitary sewer or septic tank or to the surface or in
23        groundwater.
24            (C) The That every drycleaning facility has : (I)
25        install a containment dike or other containment
26        structure around each machine, item of equipment,

 

 

10100SB0171sam001- 21 -LRB101 07423 LNS 59941 a

1        drycleaning area, and portable waste container in
2        which any drycleaning solvent is utilized, which is
3        shall be capable of containing leaks, spills, or
4        releases of drycleaning solvent from that machine,
5        item, area, or container. The containment dike or other
6        containment structure shall be capable of at least the
7        following: (i) containing a capacity of 110% of the
8        drycleaning solvent in the largest tank or vessel
9        within the machine; (ii) containing 100% of the
10        drycleaning solvent of each item of equipment or
11        drycleaning area; and (iii) containing 100% of the
12        drycleaning solvent of the largest portable waste
13        container or at least 10% of the total volume of the
14        portable waste containers stored within the
15        containment dike or structure, whichever is greater.
16            Petroleum underground storage tank systems that
17        are upgraded in compliance accordance with USEPA and
18        State Fire Marshal rules, including, but not limited
19        to, leak detection system rules, upgrade standards
20        pursuant to 40 CFR Part 280 for the tanks and related
21        piping systems and use a leak detection system approved
22        by the USEPA or IEPA are exempt from this secondary
23        containment requirement. ; and
24            (D) Those (II) seal or otherwise render impervious
25        those portions of diked floor surfaces on which a
26        drycleaning solvent may leak, spill, or otherwise be

 

 

10100SB0171sam001- 22 -LRB101 07423 LNS 59941 a

1        released are sealed or otherwise impervious.
2            (E) All (D) A requirement that all drycleaning
3        solvent is shall be delivered to drycleaning
4        facilities by means of closed, direct-coupled delivery
5        systems.
6        (6) An active drycleaning facility has maintained
7    continuous financial assurance for environmental liability
8    coverage in the amount of at least $500,000 at least since
9    the date of award of benefits under this Section or July 1,
10    2000, whichever is earlier. An uninsured drycleaning
11    facility that has filed an application for insurance with
12    the Fund by January 1, 2004, obtained insurance through
13    that application, and maintained that insurance coverage
14    continuously shall be considered to have conformed with the
15    requirements of this subdivision (6). To conform with this
16    requirement the applicant must pay the equivalent of the
17    total premiums due for the period beginning June 30, 2000
18    through the date of application plus a 20% penalty of the
19    total premiums due for that period.
20        (7) The release was discovered on or after July 1, 1997
21    and before July 1, 2006.
22    (d) A claimant must have submitted shall submit a completed
23application form provided by the Council. The application shall
24contain documentation of activities, plans, and expenditures
25associated with the eligible costs incurred in response to a
26release of drycleaning solvent from a drycleaning facility.

 

 

10100SB0171sam001- 23 -LRB101 07423 LNS 59941 a

1Application for remedial action account benefits must have been
2be submitted to the Council on or before June 30, 2005.
3    (e) Claimants shall be subject to the following deductible
4requirements, unless modified pursuant to the Council's
5authority under Section 75:
6        (1) If, by January 1, 2008, an eligible claimant
7    submitting a claim for an active drycleaning facility
8    completed site investigation and submitted to the Council a
9    complete remedial action plan for the site, then the An
10    eligible claimant submitting a claim for an active
11    drycleaning facility is responsible for the first $5,000 of
12    eligible investigation costs and for the first $10,000 of
13    eligible remedial action costs incurred in connection with
14    the release from the drycleaning facility and is only
15    eligible for reimbursement for costs that exceed those
16    amounts, subject to any other limitations of this Act. Any
17    eligible claimant submitting any other claim for an active
18    drycleaning facility is responsible for the first $5,000 of
19    eligible investigation costs and for the first $15,000 of
20    eligible remedial action costs incurred in connection with
21    the release from the drycleaning facility, and is only
22    eligible for reimbursement for costs that exceed those
23    amounts, subject to any other limitations of this Act.
24        (2) If, by January 1, 2008, an eligible claimant
25    submitting a claim for an inactive drycleaning facility
26    completed site investigation and submitted to the Council a

 

 

10100SB0171sam001- 24 -LRB101 07423 LNS 59941 a

1    complete remedial action plan for the site, then the An
2    eligible claimant submitting a claim for an inactive
3    drycleaning facility is responsible for the first $10,000
4    of eligible investigation costs and for the first $10,000
5    of eligible remedial action costs incurred in connection
6    with the release from that drycleaning facility, and is
7    only eligible for reimbursement for costs that exceed those
8    amounts, subject to any other limitations of this Act. Any
9    eligible claimant submitting any other claim for an
10    inactive drycleaning facility is responsible for the first
11    $15,000 of eligible investigation costs and for the first
12    $15,000 of eligible remedial action costs incurred in
13    connection with the release from the drycleaning facility,
14    and is only eligible for reimbursement for costs that
15    exceed those amounts, subject to any other limitations of
16    this Act.
17    (f) Claimants are subject to the following limitations on
18reimbursement:
19        (1) Subsequent to meeting the deductible requirements
20    of subsection (e), and pursuant to the requirements of
21    Section 75, reimbursement shall not exceed $300,000 per
22    active drycleaning facility and $50,000 per inactive
23    drycleaning facility.
24        (2) (Blank). A contract in which one of the parties to
25    the contract is a claimant, for goods or services that may
26    be payable or reimbursable from the Council, is void and

 

 

10100SB0171sam001- 25 -LRB101 07423 LNS 59941 a

1    unenforceable unless and until the Council has found that
2    the contract terms are within the range of usual and
3    customary rates for similar or equivalent goods or services
4    within this State and has found that the goods or services
5    are necessary for the claimant to comply with Council
6    standards or other applicable regulatory standards.
7        (3) (Blank). A claimant may appoint the Council as an
8    agent for the purposes of negotiating contracts with
9    suppliers of goods or services reimbursable by the Fund.
10    The Council may select another contractor for goods or
11    services other than the one offered by the claimant if the
12    scope of the proposed work or actual work of the claimant's
13    offered contractor does not reflect the quality of
14    workmanship required or if the costs are determined to be
15    excessive, as determined by the Council.
16        (4) The Agency Council may require a claimant to obtain
17    and submit 3 bids and may require specific terms and
18    conditions in a contract subject to approval.
19        (5) The Agency Council may enter into a contract or an
20    exclusive contract with the supplier of goods or services
21    required by a claimant or class of claimants, in connection
22    with an expense reimbursable from the Fund, for a specified
23    good or service at a gross maximum price or fixed rate, and
24    may limit reimbursement accordingly.
25        (6) Unless emergency conditions exist, a service
26    provider shall obtain the Agency's Council's approval of

 

 

10100SB0171sam001- 26 -LRB101 07423 LNS 59941 a

1    all remediation work to be reimbursed from the Fund and a
2    the budget for the remediation work before commencing the
3    work. No expense incurred that is above the budgeted amount
4    shall be paid unless the Agency Council approves the
5    expense prior to its being incurred. All invoices and bills
6    relating to the remediation work shall be submitted with
7    appropriate documentation, as deemed necessary by the
8    Agency Council.
9        (7) Neither the Council, nor the Agency, nor an
10    eligible claimant is responsible for payment for costs
11    incurred that have not been previously approved by the
12    Council, or Agency, unless an emergency exists.
13        (8) To be eligible for reimbursement from the Fund,
14    costs must be within the range of usual and customary rates
15    for similar or equivalent goods or services, incurred in
16    performance of remediation work approved by the Agency, and
17    necessary to respond to the release for which the claimant
18    is seeking reimbursement from the Fund. The Council may
19    determine the usual and customary costs of each item for
20    which reimbursement may be awarded under this Section. The
21    Council may revise the usual and customary costs from time
22    to time as necessary, but costs submitted for reimbursement
23    shall be subject to the rates in effect at the time the
24    costs were incurred.
25        (9) If a claimant has pollution liability insurance
26    coverage other than coverage provided by the insurance

 

 

10100SB0171sam001- 27 -LRB101 07423 LNS 59941 a

1    account under this Act, that coverage shall be primary.
2    Reimbursement from the remedial account shall be limited to
3    the deductible amounts under the primary coverage and the
4    amount that exceeds the policy limits of the primary
5    coverage, subject to the deductible amounts established
6    pursuant to of this Act. If there is a dispute between the
7    claimant and the primary insurance provider, reimbursement
8    from the remedial action account may be made to the
9    claimant after the claimant assigns all of his or her
10    interests in the insurance coverage to the Council.
11    (f-5) Costs of corrective action or indemnification
12incurred by a claimant which have been paid to a claimant under
13a policy of insurance other than the insurance provided under
14this Act, another written agreement, or a court order are not
15eligible for reimbursement. A claimant who receives payment
16under such a policy, written agreement, or court order shall
17reimburse the State to the extent such payment covers costs for
18which payment was received from the Fund. Any moneys received
19by the State under this subsection shall be deposited into the
20Fund.
21    (g) The source of funds for the remedial action account
22shall be moneys allocated to the account by the Agency Council
23according to the Fund budget approved by the Council.
24    (h) A drycleaning facility will be classified as active or
25inactive for purposes of determining benefits under this
26Section based on the status of the facility on the date a claim

 

 

10100SB0171sam001- 28 -LRB101 07423 LNS 59941 a

1is filed.
2    (i) Eligible claimants shall conduct remedial action in
3accordance with Title XVII of the Site Remediation Program
4under the Environmental Protection Act and rules adopted under
5that Act. Part 740 of Title 35 of the Illinois Administrative
6Code and the Tiered Approach to Cleanup Objectives under Part
7742 of Title 35 of the Illinois Administrative Code.
8    (j) Effective January 1, 2012, the owner or operator of an
9active drycleaning facility that has previously received or is
10currently receiving reimbursement for the costs of a remedial
11action, as defined in this Act, shall maintain continuous
12financial assurance for environmental liability coverage in
13the amount of at least $500,000 for that facility until the
14earlier of (i) January 1, 2030 2020 or (ii) the date the
15Council determines the drycleaning facility is an inactive
16drycleaning facility. Failure to comply with this requirement
17will result in the revocation of the drycleaning facility's
18existing license and in the inability of the drycleaning
19facility to obtain or renew a license under Section 60 of this
20Act.
21    (k) Effective January 1, 2020, owners and operators of
22inactive drycleaning facilities that are eligible for
23reimbursement from the Fund on that date shall, until January
241, 2030, pay an annual $3,000 administrative assessment to the
25Agency for the facility. Administrative assessments collected
26by the Agency under this subsection (k) shall be deposited into

 

 

10100SB0171sam001- 29 -LRB101 07423 LNS 59941 a

1the Fund.
2(Source: P.A. 96-774, eff. 1-1-10; 97-377, eff. 1-1-12.)
 
3    (415 ILCS 135/50)
4    Sec. 50. Cost recovery; enforcement.
5    (a) The Agency Council may seek recovery from a potentially
6responsible party liable for a release that is the subject of a
7remedial action and for which the Fund has expended moneys for
8remedial action. The amount of recovery sought by the Agency
9Council shall be equal to all moneys expended by the Fund for
10and in connection with the remediation, including, but not
11limited to, reasonable attorney's attorneys fees and costs of
12litigation expended by the Fund in connection with the release.
13    (b) Except as provided in subsections (c) and (d):
14        (1) The Agency Council shall not seek recovery for
15    expenses in connection with remedial action for a release
16    from a claimant eligible for reimbursement except for any
17    unpaid portion of the deductible.
18        (2) A claimant's liability for a release for which
19    coverage is admitted under the insurance account shall not
20    exceed the amount of the deductible, subject to the limits
21    of insurance coverage.
22    (c) Notwithstanding subsection (b), the liability of a
23claimant to the Fund shall be the total costs of remedial
24action incurred by the Fund, as specified in subsection (a), if
25the claimant has not complied with the Environmental Protection

 

 

10100SB0171sam001- 30 -LRB101 07423 LNS 59941 a

1Act, and its rules or with this Act, or and its rules adopted
2under either Act.
3    (d) Notwithstanding subsection (b), the liability of a
4claimant to the Fund shall be the total costs of remedial
5action incurred by the Fund, as specified in subsection (a), if
6the claimant received reimbursement from the Fund through
7misrepresentation or fraud, and the claimant shall be liable
8for the amount of the reimbursement.
9    (e) Upon reimbursement by the Fund for remedial action
10under this Act, the rights of the claimant to recover payment
11from a potentially responsible party are assumed by the Agency
12Council to the extent the remedial action was paid by the Fund.
13A claimant is precluded from receiving double compensation for
14the same injury. A claimant may elect to permit the Agency
15Council to pursue the claimant's cause of action for an injury
16not compensated by the Fund against a potentially responsible
17party, provided the Attorney General or his or her designee
18determines the representation would not be a conflict of
19interest.
20    (f) This Section does not preclude, limit, or in any way
21affect any of the provisions of or causes of action pursuant to
22Section 22.2 of the Environmental Protection Act.
23    (g) Any cost recovery action commenced before July 1, 2020,
24by the Council, pursuant to this Section, may be prosecuted or
25continued by the Attorney General on and after that date.
26    (h) All costs recovered under this Section shall be

 

 

10100SB0171sam001- 31 -LRB101 07423 LNS 59941 a

1deposited into the Fund.
2(Source: P.A. 90-502, eff. 8-19-97.)
 
3    (415 ILCS 135/55)
4    Sec. 55. Limitation on actions; admissions.
5    (a) An award or reimbursement made from the Fund by the
6Council under this Act shall be the claimant's exclusive method
7for the recovery of the costs of drycleaning facility
8remediation.
9    (b) If a person conducts a remedial action activity for a
10release at a drycleaning facility site, whether or not the
11person files a claim under this Act, the claim and remedial
12action activity conducted are not evidence of liability or an
13admission of liability for any potential or actual
14environmental pollution or damage.
15(Source: P.A. 90-502, eff. 8-19-97.)
 
16    (415 ILCS 135/60)
17    (Section scheduled to be repealed on January 1, 2020)
18    Sec. 60. Drycleaning facility license.
19    (a) No On and after January 1, 1998, no person shall
20operate a drycleaning facility in this State without a license
21issued by the Council or Agency. Until July 1, 2020, the
22license required under this subsection shall be issued by the
23Council. On and after July 1, 2020, the license required under
24this subsection shall be issued by the Agency.

 

 

10100SB0171sam001- 32 -LRB101 07423 LNS 59941 a

1    (b) Beginning July 1, 2020, The Council shall issue an
2initial or renewal license shall be issued to a drycleaning
3facility on submission by an applicant of a completed form
4prescribed by the Agency and Council, proof of payment of the
5required fee to the Department of Revenue, and, if the
6drycleaning facility has previously received or is currently
7receiving reimbursement for the costs of a remedial action, as
8defined in this Act, proof of compliance with subsection (j) of
9Section 40. The Agency shall make available on its website an
10electronic copy of the required license and license renewal
11applications. License Beginning January 1, 2013, license
12renewal application forms must include a certification by the
13applicant:
14        (1) that all hazardous waste stored at the drycleaning
15    facility is stored in accordance with all applicable
16    federal and state laws and regulations; , and
17        (2) that all hazardous waste transported from the
18    drycleaning facility is transported in accordance with all
19    applicable federal and state laws and regulations; and
20         (3) that the applicant has successfully completed all
21    continuing education requirements adopted by the Board
22    pursuant to Section 12 of the Drycleaner Environmental
23    Response Trust Fund Act. Also, beginning January 1, 2013,
24    license renewal applications must include copies of all
25    manifests for hazardous waste transported from the
26    drycleaning facility during the previous 12 months or since

 

 

10100SB0171sam001- 33 -LRB101 07423 LNS 59941 a

1    the last submission of copies of manifests, whichever is
2    longer. If the Council does not receive a copy of a
3    manifest for a drycleaning facility within a 3-year period,
4    or within a shorter period as determined by the Council,
5    the Council shall make appropriate inquiry into the
6    management of hazardous waste at the facility and may share
7    the results of the inquiry with the Agency.
8    (c) The On or after January 1, 2004, the annual fees for
9licensure are as follows:
10        (1) $1,500 $500 for a facility that uses (i) 50 gallons
11    or less of chlorine-based or green drycleaning solvents
12    annually, (ii) 250 or less gallons annually of
13    hydrocarbon-based drycleaning solvents in a drycleaning
14    machine equipped with a solvent reclaimer, or (iii) 500
15    gallons or less annually of hydrocarbon-based drycleaning
16    solvents in a drycleaning machine without a solvent
17    reclaimer.
18        (2) $2,250 $500 for a facility that uses (i) more than
19    50 gallons but not more than 100 gallons of chlorine-based
20    or green drycleaning solvents annually, (ii) more than 250
21    gallons but not more 500 gallons annually of
22    hydrocarbon-based solvents in a drycleaning machine
23    equipped with a solvent reclaimer, or (iii) more than 500
24    gallons but not more than 1,000 gallons annually of
25    hydrocarbon-based drycleaning solvents in a drycleaning
26    machine without a solvent reclaimer.

 

 

10100SB0171sam001- 34 -LRB101 07423 LNS 59941 a

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

 

 

10100SB0171sam001- 35 -LRB101 07423 LNS 59941 a

1    in a drycleaning machine without a solvent reclaimer.
2        (6) $5,000 $1,000 for a facility that uses (i) more
3    than 250 gallons but not more than 300 gallons of
4    chlorine-based or green drycleaning solvents annually,
5    (ii) more than 1,250 gallons but not more than 1,500
6    gallons annually of hydrocarbon-based solvents in a
7    drycleaning machine equipped with a solvent reclaimer, or
8    (iii) more than 2,500 gallons but not more than 3,000
9    gallons annually of hydrocarbon-based drycleaning solvents
10    in a drycleaning machine without a solvent reclaimer.
11        (7) $5,000 $1,000 for a facility that uses (i) more
12    than 300 gallons but not more than 350 gallons of
13    chlorine-based or green drycleaning solvents annually,
14    (ii) more than 1,500 gallons but not more than 1,750
15    gallons annually of hydrocarbon-based solvents in a
16    drycleaning machine equipped with a solvent reclaimer, or
17    (iii) more than 3,000 gallons but not more than 3,500
18    gallons annually of hydrocarbon-based drycleaning solvents
19    in a drycleaning machine without a solvent reclaimer.
20        (8) $5,000 $1,500 for a facility that uses (i) more
21    than 350 gallons but not more than 400 gallons of
22    chlorine-based or green drycleaning solvents annually,
23    (ii) more than 1,750 gallons but not more than 2,000
24    gallons annually of hydrocarbon-based solvents in a
25    drycleaning machine equipped with a solvent reclaimer, or
26    (iii) more than 3,500 gallons but not more than 4,000

 

 

10100SB0171sam001- 36 -LRB101 07423 LNS 59941 a

1    gallons annually of hydrocarbon-based drycleaning solvents
2    in a drycleaning machine without a solvent reclaimer.
3        (9) $5,000 $1,500 for a facility that uses (i) more
4    than 400 gallons but not more than 450 gallons of
5    chlorine-based or green drycleaning solvents annually,
6    (ii) more than 2,000 gallons but not more than 2,250
7    gallons annually of hydrocarbon-based solvents in a
8    drycleaning machine equipped with a solvent reclaimer, or
9    (iii) more than 4,000 gallons but not more than 4,500
10    gallons annually of hydrocarbon-based drycleaning solvents
11    in a drycleaning machine without a solvent reclaimer.
12        (10) $5,000 $1,500 for a facility that uses (i) more
13    than 450 gallons but not more than 500 gallons of
14    chlorine-based or green drycleaning solvents annually,
15    (ii) more than 2,250 gallons but not more than 2,500
16    gallons annually of hydrocarbon-based solvents used in a
17    drycleaning machine equipped with a solvent reclaimer, or
18    (iii) more than 4,500 gallons but not more than 5,000
19    gallons annually of hydrocarbon-based drycleaning solvents
20    in a drycleaning machine without a solvent reclaimer.
21        (11) $5,000 $1,500 for a facility that uses (i) more
22    than 500 gallons but not more than 550 gallons of
23    chlorine-based or green drycleaning solvents annually,
24    (ii) more than 2,500 gallons but not more than 2,750
25    gallons annually of hydrocarbon-based solvents in a
26    drycleaning machine equipped with a solvent reclaimer, or

 

 

10100SB0171sam001- 37 -LRB101 07423 LNS 59941 a

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

 

 

10100SB0171sam001- 38 -LRB101 07423 LNS 59941 a

1    hydrocarbon-based solvents used in a drycleaning machine
2    equipped with a solvent reclaimer.
3        (16) $5,000 $1,500 for a facility that uses more than
4    3,750 gallons but not more than 4,000 gallons annually of
5    hydrocarbon-based solvents in a drycleaning machine
6    equipped with a solvent reclaimer.
7        (17) $5,000 $1,500 for a facility that uses more than
8    4,000 gallons annually of hydrocarbon-based solvents in a
9    drycleaning machine equipped with a solvent reclaimer.
10    For purpose of this subsection, the quantity of drycleaning
11solvents used annually shall be determined as follows:
12        (1) in the case of an initial applicant, the quantity
13    of drycleaning solvents that the applicant estimates will
14    be used during his or her initial license year. A fee
15    assessed under this subdivision is subject to audited
16    adjustment for that year; or
17        (2) in the case of a renewal applicant, the quantity of
18    drycleaning solvents actually purchased in the preceding
19    license year.
20    The Council may adjust licensing fees annually based on the
21published Consumer Price Index - All Urban Consumers ("CPI-U")
22or as otherwise determined by the Council.
23    (d) A license issued under this Section shall expire one
24year after the date of issuance and may be renewed on
25reapplication to the Council and submission of proof of payment
26of the appropriate fee to the Department of Revenue in

 

 

10100SB0171sam001- 39 -LRB101 07423 LNS 59941 a

1accordance with subsections (c) and (e). At least 30 days
2before payment of a renewal licensing fee is due, the Council
3shall attempt to:
4        (1) notify the operator of each licensed drycleaning
5    facility concerning the requirements of this Section; and
6        (2) submit a license fee payment form to the licensed
7    operator of each drycleaning facility.
8    (e) An operator of a drycleaning facility shall submit the
9appropriate application form provided by the Agency Council
10with the license fee in the form of cash, credit card, business
11check, or guaranteed remittance to the Department of Revenue.
12The Department may accept payment of the license fee under this
13Section by credit card only if the Department is not required
14to pay a discount fee charged by the credit card issuer. The
15license fee payment form and the actual license fee payment
16shall be administered by the Department of Revenue under rules
17adopted by that Department.
18    (f) The Department of Revenue shall issue a proof of
19payment receipt to each operator of a drycleaning facility who
20has paid the appropriate fee in cash or by guaranteed
21remittance, credit card, or business check. However, the
22Department of Revenue shall not issue a proof of payment
23receipt to a drycleaning facility that is liable to the
24Department of Revenue for a tax imposed under this Act. The
25original receipt shall be presented to the Council by the
26operator of a drycleaning facility.

 

 

10100SB0171sam001- 40 -LRB101 07423 LNS 59941 a

1    (g) (Blank).
2    (h) The Board Council and the Department of Revenue may
3adopt rules as necessary to administer the licensing
4requirements of this Act.
5(Source: P.A. 96-774, eff. 1-1-10; 97-332, eff. 8-12-11;
697-377, eff. 1-1-12; 97-663, eff. 1-13-12; 97-813, eff.
77-13-12; 97-1057, eff. 1-1-13.)
 
8    (415 ILCS 135/65)
9    (Section scheduled to be repealed on January 1, 2020)
10    Sec. 65. Drycleaning solvent tax.
11    (a) A On and after January 1, 1998, a tax is imposed upon
12the use of drycleaning solvent by a person engaged in the
13business of operating a drycleaning facility in this State at
14the rate of $10 $3.50 per gallon of perchloroethylene or other
15chlorinated drycleaning solvents used in drycleaning
16operations, $2 $0.35 per gallon of petroleum-based drycleaning
17solvent, and $1.75 per gallon of green solvents, unless the
18green solvent is used at a virgin facility, in which case the
19rate is $0.35 per gallon. The Board may Council shall determine
20by rule which products are chlorine-based solvents, which
21products are petroleum-based solvents, and which products are
22green solvents. All drycleaning solvents shall be considered
23chlorinated solvents unless the Board Council determines that
24the solvents are petroleum-based drycleaning solvents or green
25solvents.

 

 

10100SB0171sam001- 41 -LRB101 07423 LNS 59941 a

1    (b) The tax imposed by this Act shall be collected from the
2purchaser at the time of sale by a seller of drycleaning
3solvents maintaining a place of business in this State and
4shall be remitted to the Department of Revenue under the
5provisions of this Act.
6    (c) The tax imposed by this Act that is not collected by a
7seller of drycleaning solvents shall be paid directly to the
8Department of Revenue by the purchaser or end user who is
9subject to the tax imposed by this Act.
10    (d) No tax shall be imposed upon the use of drycleaning
11solvent if the drycleaning solvent will not be used in a
12drycleaning facility or if a floor stock tax has been imposed
13and paid on the drycleaning solvent. Prior to the purchase of
14the solvent, the purchaser shall provide a written and signed
15certificate to the drycleaning solvent seller stating:
16        (1) the name and address of the purchaser;
17        (2) the purchaser's signature and date of signing; and
18        (3) one of the following:
19            (A) that the drycleaning solvent will not be used
20        in a drycleaning facility; or
21            (B) that a floor stock tax has been imposed and
22        paid on the drycleaning solvent.
23    (e) On January 1, 1998, there is imposed on each operator
24of a drycleaning facility a tax on drycleaning solvent held by
25the operator on that date for use in a drycleaning facility.
26The tax imposed shall be the tax that would have been imposed

 

 

10100SB0171sam001- 42 -LRB101 07423 LNS 59941 a

1under subsection (a) if the drycleaning solvent held by the
2operator on that date had been purchased by the operator during
3the first year of this Act.
4    (f) On or before the 25th day of the 1st month following
5the end of the calendar quarter, a seller of drycleaning
6solvents who has collected a tax pursuant to this Section
7during the previous calendar quarter, or a purchaser or end
8user of drycleaning solvents required under subsection (c) to
9submit the tax directly to the Department, shall file a return
10with the Department of Revenue. The return shall be filed on a
11form prescribed by the Department of Revenue and shall contain
12information that the Department of Revenue reasonably
13requires, but at a minimum will require the reporting of the
14volume of drycleaning solvent sold to each licensed drycleaner.
15The Department of Revenue shall report quarterly to the Agency
16Council the volume of drycleaning solvent purchased for the
17quarter by each licensed drycleaner. Each seller of drycleaning
18solvent maintaining a place of business in this State who is
19required or authorized to collect the tax imposed by this Act
20shall pay to the Department the amount of the tax at the time
21when he or she is required to file his or her return for the
22period during which the tax was collected. Purchasers or end
23users remitting the tax directly to the Department under
24subsection (c) shall file a return with the Department of
25Revenue and pay the tax so incurred by the purchaser or end
26user during the preceding calendar quarter.

 

 

10100SB0171sam001- 43 -LRB101 07423 LNS 59941 a

1    Except as provided in this Section, the seller of
2drycleaning solvents filing the return under this Section
3shall, at the time of filing the return, pay to the Department
4the amount of tax imposed by this Act less a discount of 1.75%,
5or $5 per calendar year, whichever is greater. Failure to
6timely file the returns and provide to the Department the data
7requested under this Act will result in disallowance of the
8reimbursement discount.
9    (g) The tax on drycleaning solvents used in drycleaning
10facilities and the floor stock tax shall be administered by
11Department of Revenue under rules adopted by that Department.
12    (h) No On and after January 1, 1998, no person shall
13knowingly sell or transfer drycleaning solvent to an operator
14of a drycleaning facility that is not licensed by the Agency
15Council under Section 60.
16    (i) The Department of Revenue may adopt rules as necessary
17to implement this Section.
18    (j) If any payment provided for in this Section exceeds the
19seller's liabilities under this Act, as shown on an original
20return, the seller may credit such excess payment against
21liability subsequently to be remitted to the Department under
22this Act, in accordance with reasonable rules adopted by the
23Department. If the Department subsequently determines that all
24or any part of the credit taken was not actually due to the
25seller, the seller's discount shall be reduced by an amount
26equal to the difference between the discount as applied to the

 

 

10100SB0171sam001- 44 -LRB101 07423 LNS 59941 a

1credit taken and that actually due, and the seller shall be
2liable for penalties and interest on such difference.
3(Source: P.A. 100-1171, eff. 1-4-19.)
 
4    (415 ILCS 135/69)
5    Sec. 69. Civil penalties.
6    (a) Except as otherwise provided in this Section, any
7person who violates any provision of this Act, or any rule
8adopted under this Act regulation adopted by the Council, or
9any license or registration or term or condition thereof, or
10that violates any Council, Board, or court order entered of the
11Council under this Act, shall be liable for a civil penalty as
12provided in this Section. The penalties may, upon order of the
13Board the Council or a court of competent jurisdiction, be made
14payable to the Drycleaner Environmental Response Trust Fund, to
15be used in accordance with the provisions of this the
16Drycleaner Environmental Response Trust Fund Act.
17    (b) Notwithstanding the provisions of subsection (a) of
18this Section:
19        (1) Any person who violates subsection (a) of Section
20    60 of this Act by failing to pay the license fee when due
21    may be assessed a civil penalty of $5 per day for each day
22    after the license fee is due until the license fee is paid.
23    The penalty shall be effective for license fees due on or
24    after July 1, 1999 and before June 30, 2011. For license
25    fees due on or after July 1, 2011, any person who violates

 

 

10100SB0171sam001- 45 -LRB101 07423 LNS 59941 a

1    subsection (a) of Section 60 of this Act by failing to pay
2    the license fee when due may be assessed a civil penalty,
3    beginning on the 31st day after the license fee is due, in
4    the following amounts: (i) beginning on the 31st day after
5    the license fee is due and until the 60th day after the
6    license fee is due, $3 for each day during which the
7    license fee is not paid and (ii) beginning on the 61st day
8    after the license fee is due and until the license fee is
9    paid, $5 for each day during which the license fee is not
10    paid.
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        (4) Any person that violates subsection (k) of Section
21    40 of this Act may be assessed a civil penalty in an amount
22    equal to 3 times the total in administrative assessments
23    owed by that person under that subsection.
24    (c) (Blank). The Council shall issue an administrative
25assessment setting forth any penalties it imposes under
26subsection (b) of this Section and shall serve notice of the

 

 

10100SB0171sam001- 46 -LRB101 07423 LNS 59941 a

1assessment upon the party assessed. The Council's
2determination shall be deemed correct and shall serve as
3evidence of the correctness of the Council's determination that
4a penalty is due. Proof of a determination by the Council may
5be made at any administrative hearing or in any legal
6proceeding by a reproduced copy or computer print-out of the
7Council's record relating thereto in the name of the Council
8under the certificate of the Council.
9    If reproduced copies of the Council's records are offered
10as proof of a penalty assessment, the Council must certify that
11those copies are true and exact copies of records on file with
12the Council. If computer print-outs of the Council's records
13are offered as proof of a determination, the Council Chairman
14must certify that those computer print-outs are true and exact
15representations of records properly entered into standard
16electronic computing equipment, in the regular course of the
17Council's business, at or reasonably near the time of the
18occurrence of the facts recorded, from trustworthy and reliable
19information. A certified reproduced copy or certified computer
20print-out shall, without further proof, be admitted into
21evidence in any administrative or legal proceeding and is prima
22facie proof of the correctness of the Council's determination.
23    Whenever notice is required by this Section, the notice may
24be given by United States registered or certified mail,
25addressed to the person concerned at his last known address,
26and proof of mailing shall be sufficient for the purposes of

 

 

10100SB0171sam001- 47 -LRB101 07423 LNS 59941 a

1this Act. Notice of any hearing provided for by this Act shall
2be given not less than 7 days before the day fixed for the
3hearing. Following the initial contact of a person represented
4by an attorney, the Council shall not contact that person but
5shall only contact the attorney representing that person.
6    (d) The penalties provided for in this Section may be
7recovered in a civil action instituted by the Attorney General
8in the name of the people of the State of Illinois.
9    (e) The Attorney General may also, at the request of the
10Agency or the Department of Revenue, Council or on his or her
11own motion, institute a civil action for an injunction,
12prohibitory or mandatory, to restrain violations of this Act,
13any rule or regulation adopted under this Act, any license or
14registration or term or condition of a license or registration,
15or any Council, Board, or court order entered pursuant to this
16Act, or to require other actions as may be necessary to address
17violations thereof.
18    (f) Without limiting any other authority which may exist
19for the awarding of attorney's fees and costs, the Board the
20Council, or a court of competent jurisdiction, may award costs
21and reasonable attorney's fees, including the reasonable costs
22of expert witnesses and consultants, to the Attorney General in
23a case where the Attorney General has prevailed against a
24person who has committed a willful, knowing, or repeated
25violation of this Act, any rule or regulation adopted under
26this Act, or any license or registration or term or condition

 

 

10100SB0171sam001- 48 -LRB101 07423 LNS 59941 a

1of a license or registration, or any Council, Board, or court
2order entered pursuant to this Act. Any funds collected under
3this subsection (f) in which the Attorney General has prevailed
4shall be deposited in the Drycleaner Environmental Response
5Trust Fund created in Section 10 of this Act.
6    (g) All final orders imposing civil penalties under this
7Section shall prescribe the time for payment of the penalties.
8If any penalty is not paid within the time prescribed, interest
9on the penalty shall be paid, at the rate set forth in Section
103-2 of the Illinois Uniform Penalty and Interest Act, for the
11period from the date payment is due until the date payment is
12received. However, if the time for payment is stayed during the
13pendency of an appeal, interest shall not accrue during the
14stay.
15(Source: P.A. 96-774, eff. 1-1-10; 97-332, eff. 8-12-11.)
 
16    (415 ILCS 135/69.5 new)
17    Sec. 69.5. Criminal penalties. In addition to all other
18civil and criminal penalties provided by law, any person who
19knowingly makes to the Agency or Department of Revenue an oral
20or written statement that is false, fictitious, or fraudulent
21and that is materially related to or required by this Act or a
22rule adopted under this Act commits a Class 4 felony, and each
23such statement or writing shall be considered a separate Class
244 felony. A person who, after being convicted under this
25Section, violates this Section a second or subsequent time

 

 

10100SB0171sam001- 49 -LRB101 07423 LNS 59941 a

1commits a Class 3 felony.
 
2    (415 ILCS 135/77 new)
3    Sec. 77. Review of final decisions.
4    (a) All final Agency decisions made pursuant to this Act
5shall be subject to review in the manner provided for the
6review of permit decisions under Section 40 of the
7Environmental Protection Act.
8    (b) Final administrative decisions made under this Act on
9or before the effective date of this Section by the Council,
10the Administrator of the Fund, or an administrative law judge
11of the Council are subject to review in accordance with the law
12in effect at the time of the decision, except that (i) the
13Director of the Agency shall conduct reviews to be performed by
14the Administrator of the Fund and (ii) the review of decisions
15of the Council and decisions of administrative law judges of
16the Council shall be conducted in accordance with the
17Administrative Review Law.
 
18    Section 15. The Drycleaner Environmental Response Trust
19Fund Act is amended by adding Sections 12 and 31 and changing
20Sections 45 and 85 as follows:
 
21    (415 ILCS 135/12 new)
22    Sec. 12. Transfer of Council functions to the Agency.
23    (a) On July 1, 2020, the Council is abolished, and, except

 

 

10100SB0171sam001- 50 -LRB101 07423 LNS 59941 a

1as otherwise provided in this Section, all powers, duties,
2rights, and responsibilities of the Council are transferred to
3the Agency. On and after that date, all of the general powers
4necessary and convenient to implement and administer this Act
5are, except as otherwise provided in this Section, hereby
6vested in and may be exercised by the Agency, including, but
7not limited to, the powers described in Section 25 of this Act.
8    (b) No later than June 30, 2020, the Administrator of the
9Fund shall prepare on behalf of the Council and deliver to the
10Agency a report that lists:
11        (1) the name, address, and telephone number of each
12    claimant who timely filed an application for remedial
13    action account benefits by June 30, 2005, and is eligible
14    for reimbursement from the Fund under Section 40 of this
15    Act for costs of remediation of a release of drycleaning
16    solvents from a drycleaning facility;
17        (2) the address of the drycleaning facility where the
18    release occurred and the names, addresses, and telephone
19    numbers of the owners and operators of the facility, as
20    well as whether the drycleaning facility was an active or
21    inactive drycleaning facility at the time that person
22    applied for remedial action benefits under Section 40 of
23    this Act;
24        (3) the deductible that applies with respect to the
25    release at the facility and the amount of the deductible
26    that has been satisfied;

 

 

10100SB0171sam001- 51 -LRB101 07423 LNS 59941 a

1        (4) the total amount that has been reimbursed from the
2    Fund for the release at the facility;
3        (5) costs approved for reimbursement from the Fund on
4    or before June 30, 2020, but which have not been reimbursed
5    from the Fund, for the release at the facility;
6        (6) for each year during which insurance coverage was
7    provided under this Act, the name, address, and telephone
8    number of each person who obtained coverage and the names
9    and addresses of the drycleaning facilities for which that
10    person obtained coverage;
11        (7) the sites for which site investigations required
12    under subsection (d) of Section 45 have been deemed
13    adequate by the Council;
14        (8) the insurance claims under Section 45 of this Act
15    that are pending; and
16        (9) the appeals under this Act that are pending.
17    (c) No later than June 30, 2020, all books, records,
18papers, documents, property (real and personal), contracts,
19causes of action, and pending business pertaining to the
20powers, duties, rights, and responsibilities transferred by
21this amendatory Act, including, but not limited to, material in
22electronic or magnetic format and necessary computer hardware
23and software, shall be transferred to the Agency, regardless of
24whether they are in the possession of the Council, an
25independent contractor who serves as Administrator of the Fund,
26or any other person.

 

 

10100SB0171sam001- 52 -LRB101 07423 LNS 59941 a

1    (d) At the direction of the Governor or on July 1, 2020,
2whichever is earlier, all unexpended appropriations and
3balances and other funds available for use by the Council, as
4determined by the Director of the Governor's Office of
5Management and Budget, shall be transferred for use by the
6Agency in accordance with this Act, regardless of whether they
7are in the possession of the Council, an independent contractor
8who serves as Administrator of the Fund, or any other person.
9Unexpended balances so transferred shall be expended by the
10Agency only for the purpose for which the appropriations were
11originally made.
12    (e) The transfer of powers, duties, rights, and
13responsibilities pursuant to this amendatory Act of the 101st
14General Assembly does not affect any act done, ratified, or
15canceled or any right accruing or established or any action or
16proceeding had or commenced by the Council or the Administrator
17of the Fund before July 1, 2020; such actions may be prosecuted
18and continued by the Attorney General.
19    (f) Whenever reports or notices are required to be made or
20given or papers or documents furnished or served by any person
21to or upon the Council or the Administrator of the Fund in
22connection with any of the powers, duties, rights, or
23responsibilities transferred by this amendatory Act of the
24101st General Assembly to the Agency, the same shall be made,
25given, furnished, or served in the same manner to or upon the
26Agency.

 

 

10100SB0171sam001- 53 -LRB101 07423 LNS 59941 a

1    (g) All rules duly adopted by the Council before July 1,
22020 shall become rules of the Board on July 1, 2020, and
3beginning on that date, the Agency is authorized to propose to
4the Board for adoption, and the Board may adopt, amendments to
5the transferred rules, as well as new rules, for carrying out,
6administering, and enforcing the provisions of this Act.
7    (h) In addition to the rules described above, the Board is
8hereby authorized to adopt rules establishing minimum
9continuing education and compliance program requirements for
10owners and operators of active drycleaning facilities. Board
11rules establishing minimum continuing education requirements
12shall, among other things, identify the minimum number of
13continuing education credits that must be obtained and describe
14the specific subjects to be covered in continuing education
15programs. Board rules establishing minimum compliance program
16requirements shall, among other things, identify the type of
17inspections that must be conducted. The rules adopted by the
18Board under this subsection (h) may also provide an exemption
19from continuing education requirements for persons who have,
20for at least 10 consecutive years on or after January 1, 2009,
21owned or operated a drying facility licensed under this Act.
22    (i) For the purposes of the Successor Agency Act and
23Section 9b of the State Finance Act, the Agency is the
24successor to the Council beginning July 1, 2020.
 
25    (415 ILCS 135/31 new)

 

 

10100SB0171sam001- 54 -LRB101 07423 LNS 59941 a

1    Sec. 31. Prohibition on renewal of contract with Fund
2Administrator. On and after the effective date of this
3amendatory Act of the 101st General Assembly, the Council shall
4not enter into or renew any contract or agreement with a person
5to act as the Administrator of the Fund for a term that extends
6beyond June 30, 2020.
 
7    (415 ILCS 135/45)
8    Sec. 45. Insurance account.
9    (a) The insurance account shall offer financial assurance
10for a qualified owner or operator of a drycleaning facility
11under the terms and conditions provided for under this Section.
12Coverage may be provided to either the owner or the operator of
13a drycleaning facility. Neither the Agency nor the The Council
14is not required to resolve whether the owner or operator, or
15both, are responsible for a release under the terms of an
16agreement between the owner and operator.
17    (b) The source of funds for the insurance account shall be
18as follows:
19        (1) Moneys appropriated to the Council or moneys
20    allocated to the insurance account; by the Council
21    according to the Fund budget approved by the Council.
22        (2) moneys Moneys collected as an insurance premium,
23    including service fees, if any; and .
24        (3) investment Investment income attributed to the
25    insurance account by the Council.

 

 

10100SB0171sam001- 55 -LRB101 07423 LNS 59941 a

1    (c) An owner or operator may purchase coverage of up to
2$500,000 per drycleaning facility subject to the terms and
3conditions under this Section and those adopted by the Council
4before July 1, 2020 or by the Board on or after that date.
5Coverage shall be limited to remedial action costs associated
6with soil and groundwater contamination resulting from a
7release of drycleaning solvent at an insured drycleaning
8facility, including third-party liability for soil and
9groundwater contamination. Coverage is not provided for a
10release that occurred before the date of coverage.
11    (d) An owner or operator, subject to underwriting
12requirements and terms and conditions deemed necessary and
13convenient by the Council for periods before July 1, 2020 and
14subject to terms and conditions deemed necessary and convenient
15by the Board for periods on or after that date, may purchase
16insurance coverage from the insurance account provided that the
17drycleaning facility to be insured meets the following
18conditions:
19        (1) a site investigation designed to identify soil and
20    groundwater contamination resulting from the release of a
21    drycleaning solvent has been completed for the drycleaning
22    facility to be insured and the site investigation has been
23    found adequate by the Council before July 1, 2020 or by the
24    Agency on or after that date . The Council shall determine
25    if the site investigation is adequate. This investigation
26    must be completed by June 30, 2006. For drycleaning

 

 

10100SB0171sam001- 56 -LRB101 07423 LNS 59941 a

1    facilities that apply for insurance coverage after June 30,
2    2006, the site investigation must be completed prior to
3    issuance of insurance coverage; and
4        (2) the drycleaning facility is participating in and
5    meets all requirements of a drycleaning compliance program
6    requirements adopted by the Board pursuant Section 12 of
7    the Drycleaner Environmental Response Trust Fund Act
8    approved by the Council.
9        (3) the drycleaning facility to be insured is licensed
10    under Section 60 of this Act and all fees due under that
11    Section have been paid;
12        (4) the owner or operator of the drycleaning facility
13    to be insured provides proof to the Agency or Council that:
14            (A) all drycleaning solvent wastes generated at
15        the facility are managed in accordance with applicable
16        State waste management laws and rules;
17            (B) there is no discharge of wastewater from
18        drycleaning machines, or of drycleaning solvent from
19        drycleaning operations, to a sanitary sewer or septic
20        tank, to the surface, or in groundwater;
21            (C) the facility has a containment dike or other
22        containment structure around each machine, item of
23        equipment, drycleaning area, and portable waste
24        container in which any drycleaning solvent is
25        utilized, that is capable of containing leaks, spills,
26        or releases of drycleaning solvent from that machine,

 

 

10100SB0171sam001- 57 -LRB101 07423 LNS 59941 a

1        item, area, or container, including: (i) 100% of the
2        drycleaning solvent in the largest tank or vessel; (ii)
3        100% of the drycleaning solvent of each item of
4        drycleaning equipment; and (iii) 100% of the
5        drycleaning solvent of the largest portable waste
6        container or at least 10% of the total volume of the
7        portable waste containers stored within the
8        containment dike or structure, whichever is greater;
9            (D) those portions of diked floor surfaces at the
10        facility on which a drycleaning solvent may leak,
11        spill, or otherwise be released are sealed or otherwise
12        rendered impervious;
13            (E) all drycleaning solvent is delivered to the
14        facility by means of closed, direct-coupled delivery
15        systems; and
16            (F) the drycleaning facility is in compliance with
17        paragraph (2) of subsection (d) of this Section; and
18        (5) the owner or operator of the drycleaning facility
19    to be insured has paid all insurance premiums for insurance
20    coverage provided under this Section.
21        Petroleum underground storage tank systems that are in
22    compliance with applicable USEPA and State Fire Marshal
23    rules, including, but not limited to, leak detection system
24    rules, are exempt from the secondary containment
25    requirement in subparagraph (C) of paragraph (3) of this
26    subsection (d).

 

 

10100SB0171sam001- 58 -LRB101 07423 LNS 59941 a

1    (e) The annual premium for insurance coverage shall be:
2        (1) For the year July 1, 1999 through June 30, 2000,
3    $250 per drycleaning facility.
4        (2) For the year July 1, 2000 through June 30, 2001,
5    $375 per drycleaning facility.
6        (3) For the year July 1, 2001 through June 30, 2002,
7    $500 per drycleaning facility.
8        (4) For the year July 1, 2002 through June 30, 2003,
9    $625 per drycleaning facility.
10        (5) For subsequent years, an owner or operator applying
11    for coverage shall pay an annual actuarially-sound
12    insurance premium for coverage by the insurance account.
13    The Council may approve Fund coverage through the payment
14    of a premium established on an actuarially-sound basis,
15    taking into consideration the risk to the insurance account
16    presented by the insured. Risk factor adjustments utilized
17    to determine actuarially-sound insurance premiums should
18    reflect the range of risk presented by the variety of
19    drycleaning systems, monitoring systems, drycleaning
20    volume, risk management practices, and other factors as
21    determined by the Council. As used in this item,
22    "actuarially sound" is not limited to Fund premium revenue
23    equaling or exceeding Fund expenditures for the general
24    drycleaning facility population. Actuarially-determined
25    premiums shall be published at least 180 days prior to the
26    premiums becoming effective.

 

 

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1        (6) For the year July 1, 2020 through June 30, 2021,
2    and for subsequent years through June 30, 2029, $1,500 per
3    drycleaning facility per year.
4        (7) For July 1, 2029 through January 1, 2030, $750 per
5    drycleaning facility.
6    (e-5) (Blank). If an insurer sends a second notice to an
7owner or operator demanding immediate payment of a past-due
8premium for insurance services provided pursuant to this Act,
9the demand for payment must offer a grace period of not less
10than 30 days during which the owner or operator shall be
11allowed to pay any premiums due. If payment is made during that
12period, coverage under this Act shall not be terminated for
13non-payment by the insurer.
14    (e-6) (Blank). If an insurer terminates an owner or
15operator's coverage under this Act, the insurer must send a
16written notice to the owner or operator to inform him or her of
17the termination of that coverage, and that notice must include
18instructions on how to seek reinstatement of coverage, as well
19as information concerning any premiums or penalties that might
20be due.
21    (f) If coverage is purchased for any part of a year, the
22purchaser shall pay the full annual premium. The insurance
23premium is fully earned upon issuance of the insurance policy.
24    (g) Any The insurance coverage provided under this Section
25shall be subject to provided with a $10,000 deductible policy.
26    (h) A future repeal of this Section shall not terminate the

 

 

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1obligations under this Section or authority necessary to
2administer the obligations until the obligations are
3satisfied, including but not limited to the payment of claims
4filed prior to the effective date of any future repeal against
5the insurance account until moneys in the account are
6exhausted. Upon exhaustion of the moneys in the account, any
7remaining claims shall be invalid. If moneys remain in the
8account following satisfaction of the obligations under this
9Section, the remaining moneys and moneys due the account shall
10be deposited in the remedial action account used to assist
11current insureds to obtain a viable insuring mechanism as
12determined by the Council after public notice and opportunity
13for comment.
14(Source: P.A. 98-327, eff. 8-13-13.)
 
15    (415 ILCS 135/85)
16    Sec. 85. Repeal of fee and tax provisions. Sections 60 and
1765 of this Act are repealed on January 1, 2030 2020.
18(Source: P.A. 93-201, eff. 1-1-04.)
 
19    (415 ILCS 135/15 rep.)
20    (415 ILCS 135/20 rep.)
21    (415 ILCS 135/30 rep.)
22    (415 ILCS 135/75 rep.)
23    (415 ILCS 135/80 rep.)
24    Section 20. The Drycleaner Environmental Response Trust

 

 

10100SB0171sam001- 61 -LRB101 07423 LNS 59941 a

1Fund Act is amended by repealing Sections 15, 20, 30, 75, and
280.
 
3    Section 99. Effective date. This Act takes effect July 1,
42020.".