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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | changing 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, | 10 | | garments, textiles, fabrics, leather goods, or other like | 11 | | articles using a nonaqueous solvent. | 12 | | "Drycleaning machine" means any machine, device, or other | 13 | | equipment used in drycleaning. | 14 | | "Drycleaning solvents" means solvents used in drycleaning. | 15 | | "Perchloroethylene drycleaning machine" means a | 16 | | drycleaning machine that uses perchloroethylene. |
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| 1 | | "Primary control system" means a refrigerated condenser or | 2 | | an equivalent closed-loop vapor recovery system that reduces | 3 | | the concentration of perchloroethylene in the recirculating | 4 | | air of a perchloroethylene drycleaning machine. | 5 | | "Refrigerated condenser" means a closed-loop vapor | 6 | | recovery system into which perchloroethylene vapors are | 7 | | introduced and trapped by cooling below the dew point of the | 8 | | perchloroethylene. | 9 | | "Secondary control system" means a device or apparatus that | 10 | | reduces the concentration of perchloroethylene in the | 11 | | recirculating air of a perchloroethylene drycleaning machine | 12 | | at the end of the drying cycle beyond the level achievable with | 13 | | a 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 | 3 | | drycleaning 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 | 13 | | other cleaning agents used as alternatives to | 14 | | perchloroethylene drycleaning that are sold or offered for sale | 15 | | in Illinois must, in accordance with Agency rules, provide to | 16 | | the Agency sufficient information to allow the Agency to | 17 | | determine whether the drycleaning solvents or cleaning agents | 18 | | may pose negative impacts to human health or the environment. | 19 | | These alternatives shall include, but are not limited to, | 20 | | drycleaning solvents or other cleaning agents used in | 21 | | solvent-based cleaning, carbon-dioxide based cleaning, and | 22 | | professional wet cleaning methods. The information shall | 23 | | include, but is not limited to, information regarding the | 24 | | physical and chemical properties of the drycleaning solvents or | 25 | | cleaning agents and toxicity data. No later than July 1, 2015, | 26 | | the Agency shall adopt in accordance with the Illinois |
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| 1 | | Administrative Procedure Act rules specifying the information | 2 | | that manufacturers must submit under this subsection (d). The | 3 | | rules must include, but shall not be limited to, a deadline for | 4 | | submission of the information to the Agency. No later than July | 5 | | 1, 2018, the Agency shall post information resulting from its | 6 | | review of the drycleaning solvents and cleaning agents on the | 7 | | Agency's website. | 8 | | (e) (Blank). No later than January 1, 2016, the Agency | 9 | | shall submit to the General Assembly a report on the impact to | 10 | | groundwater from newly discovered releases of | 11 | | perchloroethylene from any source in this State. Depending on | 12 | | the nature and scope of any releases that have impacted | 13 | | groundwater, the report may include, but shall not be limited | 14 | | to, recommendations for reducing or eliminating impacts to | 15 | | groundwater from future releases.
| 16 | | (Source: P.A. 97-1057, eff. 1-1-13.) | 17 | | Section 10. The Drycleaner Environmental Response Trust | 18 | | Fund Act is amended by changing Sections 5, 10, 25, 40, 50, 55, | 19 | | 60, 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 | 23 | | facility actively
engaged in drycleaning operations and | 24 | | licensed under Section 60 of this
Act.
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| 1 | | (b) "Agency" means the Illinois Environmental Protection | 2 | | Agency.
| 3 | | "Board" means the Illinois Pollution Control Board. | 4 | | (c) "Claimant" means an owner or operator of a drycleaning | 5 | | facility who has
applied for reimbursement from the remedial | 6 | | account or who has
submitted a claim under the insurance | 7 | | account with respect to a release.
| 8 | | (d) "Council" means the Drycleaner Environmental Response | 9 | | Trust 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 | 13 | | State that is
or has been engaged in drycleaning operations for | 14 | | the 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 | 4 | | and household
fabrics for the general public, as described in | 5 | | Standard Industrial
Classification Industry No. 7215 and No. | 6 | | 7216 in the Standard Industrial
Classification Manual (SIC) by | 7 | | the Technical Committee on Industrial
Classification.
| 8 | | (h) "Drycleaning solvent" means any and all nonaqueous | 9 | | solvents, including
but not limited to a chlorine-based or | 10 | | petroleum-based formulation or
product, including green | 11 | | solvents, that are used as a primary
cleaning agent in | 12 | | drycleaning operations.
| 13 | | (i) "Emergency" or "emergency action" means a situation or | 14 | | an
immediate response to a situation to protect public health | 15 | | or safety.
"Emergency" or
"emergency action" does not mean | 16 | | removal of
contaminated soils, recovery of free product, or | 17 | | financial hardship. An
"emergency" or "emergency action" would | 18 | | normally be
expected to be directly related to a sudden event | 19 | | or discovery and would
last until the threat to public health | 20 | | is mitigated.
| 21 | | (j) "Groundwater" means underground water that occurs | 22 | | within the saturated
zone and geologic materials where the | 23 | | fluid pressure in the pore space is equal
to or greater than | 24 | | the atmospheric pressure.
| 25 | | (k) "Inactive drycleaning facility" means a drycleaning | 26 | | facility that is not
being used for drycleaning operations and |
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| 1 | | is not registered under this Act.
| 2 | | (l) "Maintaining a place of business in this State" or any | 3 | | like term means
(1) having or maintaining within this State, | 4 | | directly or through a subsidiary,
an
office, distribution | 5 | | facility, distribution house, sales house, warehouse, or
other | 6 | | place of business or (2) operating within this State as an | 7 | | agent or
representative for a person or a person's subsidiary | 8 | | engaged in the business
of selling to persons within this | 9 | | State, irrespective of whether the place of
business or agent | 10 | | or other representative is located in this State permanently
or | 11 | | temporary, or whether the person or the person's subsidiary | 12 | | engages in the
business of selling in this State.
| 13 | | (m) "No Further Remediation Letter" means a letter provided | 14 | | by the
Agency pursuant to Section 58.10 of Title XVII of the | 15 | | Environmental Protection
Act.
| 16 | | (n) "Operator" means a person or entity holding a business | 17 | | license to
operate a licensed drycleaning facility or the | 18 | | business operation of
which the drycleaning facility is a part.
| 19 | | (o) "Owner" means (1)
a person who owns or has possession | 20 | | or control of a drycleaning facility at
the time a release is | 21 | | discovered,
regardless of whether
the facility remains in | 22 | | operation 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 | 25 | | business
arrangement that has elements of common ownership or | 26 | | control or that
uses a long-term contractual arrangement with a |
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| 1 | | person to avoid direct
responsibility for conditions at a | 2 | | drycleaning facility.
| 3 | | (q) "Person" means an individual, trust, firm, joint stock | 4 | | company,
corporation, consortium, joint venture, or other | 5 | | commercial entity.
| 6 | | (r) "Program year" means the period beginning on
July 1 and | 7 | | ending on the
following June 30.
| 8 | | (s) "Release" means any spilling, leaking, emitting, | 9 | | discharging, escaping,
leaching, or dispersing of drycleaning | 10 | | solvents from a drycleaning facility
to groundwater, surface | 11 | | water, or subsurface soils.
| 12 | | (t) "Remedial action" means activities taken to comply with | 13 | | Title XVII
Sections 58.6 and 58.7 of the Environmental | 14 | | Protection Act and
rules adopted by the Pollution Control Board | 15 | | to administer that Title under those Sections .
| 16 | | (u) "Responsible party" means an owner, operator, or other | 17 | | person
financially responsible for costs of remediation of a | 18 | | release of drycleaning
solvents
from a drycleaning facility.
| 19 | | (v) "Service provider" means a consultant, testing | 20 | | laboratory, monitoring
well installer, soil boring contractor, | 21 | | other contractor, lender, or any other
person who provides a | 22 | | product or service for which a claim for reimbursement
has been | 23 | | or will be filed against the Fund remedial account or insurance | 24 | | account , or
a subcontractor of such a person.
| 25 | | (w) "Virgin facility" means a drycleaning facility that has | 26 | | never had
chlorine-based or petroleum-based drycleaning |
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| 1 | | solvents
stored or used at the property prior to it becoming a
| 2 | | green 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 | 7 | | created as a
special fund in the State Treasury.
Moneys | 8 | | deposited into the Fund shall be used by the Agency solely
for | 9 | | the purposes of
the Council and for other purposes
as provided | 10 | | in
this Act.
The Fund shall include moneys credited to the Fund | 11 | | under this Act
and other moneys that by law may be credited to | 12 | | the Fund.
The State Treasurer may invest moneys Funds deposited | 13 | | into
the Fund at the direction of the Council . Interest, income | 14 | | from the
investments, and other income earned by the Fund shall | 15 | | be credited to and
deposited into the Fund.
| 16 | | Pursuant to appropriation, all moneys in the Drycleaner | 17 | | Environmental
Response Trust Fund shall be disbursed by the | 18 | | Agency to the Council
for the purpose of making disbursements,
| 19 | | if any, in accordance with this Act and for the purpose of | 20 | | paying
the ordinary and
contingent
expenses of the Council. | 21 | | After June 30, 1999, pursuant to appropriation, all
moneys in | 22 | | the Drycleaner Environmental Response Trust Fund may be used by | 23 | | the
Council for the purpose of making disbursements, if any, in | 24 | | accordance with
this Act and for the purpose of paying the | 25 | | ordinary and contingent expenses of
the Council.
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| 1 | | The Fund may be divided into different accounts with | 2 | | different
depositories to fulfill the purposes of the Act as | 3 | | determined by the Council .
| 4 | | Moneys in the Fund at the end of a State fiscal year
shall | 5 | | be carried forward to the next fiscal year and shall not revert | 6 | | to
the General Revenue Fund.
| 7 | | (b) The specific purposes of the Fund include , but are not | 8 | | limited 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 | 16 | | of
the
State, other than the Drycleaner Environmental Response | 17 | | Trust Fund, shall not
be
liable for a claim or cause of action | 18 | | in connection with a drycleaning facility
not owned or operated | 19 | | by the State or an agency of the State. All expenses
incurred | 20 | | by the Fund shall be payable solely from the Fund and
no | 21 | | liability or obligation shall be imposed upon the State. The | 22 | | State is not
liable for a claim presented against the Fund.
| 23 | | (d) The liability of the Fund is limited to the extent of | 24 | | coverage provided
by the account under which a claim is | 25 | | submitted, subject to the terms and
conditions of that | 26 | | coverage. The liability of the Fund is further limited by
the |
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| 1 | | moneys made available to the Fund, and no remedy shall be | 2 | | ordered
that would require the Fund to exceed its then current | 3 | | funding limitations
to satisfy an award or which would restrict | 4 | | the availability of moneys for
higher priority sites.
| 5 | | (e) Nothing in this Act shall be construed to limit, | 6 | | restrict, or affect the
authority and powers of the Agency or | 7 | | another State agency or statute unless
the
State agency or | 8 | | statute is specifically referenced and the limitation is
| 9 | | clearly set forth in this Act.
| 10 | | (f) During each fiscal year, the Agency shall limit its | 11 | | administration of the Fund to no more $600,000 in | 12 | | administrative expenses. The limitation in this subsection (f) | 13 | | does 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 | 21 | | reasonably necessary and convenient to carry out its purposes
| 22 | | and may perform the following functions, subject to any express
| 23 | | limitations contained
in
this Act , including, but not limited | 24 | | to, 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 | 14 | | contracting parties shall seek
pre-approval for, a contract | 15 | | entered into under
this Act if the cost of the contract exceeds | 16 | | $75,000.
The
Council or its designee shall review and approve | 17 | | or disapprove
all contracts entered into under this Act. | 18 | | However, review by the Council or
its
designee shall not be | 19 | | required when an emergency situation exists.
All contracts | 20 | | entered into by the Council shall be awarded on a
competitive | 21 | | basis to the maximum extent practical. In those
situations | 22 | | where it is determined that bidding is not practical, the
basis | 23 | | for the determination of impracticability shall be documented
| 24 | | by the Council or its designee.
| 25 | | (c) The Agency shall, in accordance with Board rules, | 26 | | Council may prioritize the expenditure of funds from the
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| 1 | | remedial action account whenever it determines that there are | 2 | | not
sufficient funds to settle all current claims. In | 3 | | prioritizing, the Agency shall Council may
consider , among | 4 | | other 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 | 18 | | direct payment from
the Fund to a contractor who performs | 19 | | remediation. The rules concerning the
direct payment shall | 20 | | include a provision that any applicable deductible must be
paid | 21 | | by the drycleaning facility prior to any direct payment from | 22 | | the Fund.
| 23 | | (e) (Blank). The Council may purchase reinsurance coverage | 24 | | to reduce the
Fund's potential liability for reimbursement of | 25 | | remedial action costs.
| 26 | | (f) The Agency may, in accordance with constitutional |
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| 1 | | limitations, enter at all reasonable times upon any private or | 2 | | public property for the purpose of inspecting and investigating | 3 | | to ascertain possible violations of this Act, any rule adopted | 4 | | under this Act, or any order entered pursuant to this Act. | 5 | | (g) If the Agency becomes aware of a violation of this Act | 6 | | or any rule adopted under this Act, it may refer the matter to | 7 | | the Attorney General for enforcement. | 8 | | (h) In calendar years 2021 and 2022 and as deemed necessary | 9 | | by the Director of the Agency thereafter, the Agency shall | 10 | | prepare a report on the status of the Fund and convene a public | 11 | | meeting for purposes of disseminating the information in the | 12 | | report and accepting questions from members of the public on | 13 | | its contents. The reports prepared by the Agency under this | 14 | | subsection shall, at a minimum, describe the current financial | 15 | | status of the Fund, identify administrative expenses incurred | 16 | | by the Agency in its administration of the Fund, identify | 17 | | amounts from the Fund that have been applied toward remedial | 18 | | action and insurance claims under the Act, and list the | 19 | | drycleaning facilities in the State eligible for reimbursement | 20 | | from the Fund that have completed remedial action. The Agency | 21 | | shall make available on its website an electronic copy of the | 22 | | reports 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 | 2 | | reimbursement to
eligible
claimants for
drycleaning solvent | 3 | | investigation, remedial action planning, and
remedial action | 4 | | activities for existing drycleaning solvent contamination
| 5 | | discovered at their drycleaning facilities.
| 6 | | (b) The following persons are eligible for reimbursement | 7 | | from 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 | 24 | | remedial 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, |
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| 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 |
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| 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 | 23 | | application form
provided by the Council. The application shall | 24 | | contain documentation of
activities, plans, and expenditures | 25 | | associated with the eligible costs
incurred in response to a | 26 | | release of drycleaning solvent from a
drycleaning facility. |
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| 1 | | Application for remedial action account benefits must have been | 2 | | be
submitted to the Council on or before June 30, 2005.
| 3 | | (e) Claimants shall be subject to the following deductible | 4 | | requirements ,
unless modified pursuant to the Council's | 5 | | authority 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 |
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| 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 | 18 | | reimbursement:
| 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 |
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| 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 |
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| 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 |
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| 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 | 12 | | incurred by a claimant which have been paid to a claimant under | 13 | | a policy of insurance other than the insurance provided under | 14 | | this Act, another written agreement, or a court order are not | 15 | | eligible for reimbursement. A claimant who receives payment | 16 | | under such a policy, written agreement, or court order shall | 17 | | reimburse the State to the extent such payment covers costs for | 18 | | which payment was received from the Fund. Any moneys received | 19 | | by the State under this subsection shall be deposited into the | 20 | | Fund. | 21 | | (g) The source of funds for the remedial action account | 22 | | shall be moneys
allocated to the account by the Agency Council | 23 | | according to the Fund budget
approved by the Council .
| 24 | | (h) A drycleaning facility will be classified as active or | 25 | | inactive for
purposes of
determining benefits under this | 26 | | Section based on the status of the facility
on the date a claim |
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| 1 | | is filed.
| 2 | | (i) Eligible claimants shall conduct remedial action in | 3 | | accordance with Title XVII of
the
Site Remediation Program | 4 | | under the Environmental Protection Act and rules adopted under | 5 | | that Act. Part 740 of
Title 35 of the Illinois Administrative | 6 | | Code and the Tiered Approach to Cleanup
Objectives under Part | 7 | | 742 of Title 35 of the Illinois Administrative Code.
| 8 | | (j) Effective January 1, 2012, the owner or operator of an | 9 | | active drycleaning facility that has previously received or is | 10 | | currently receiving reimbursement for the costs of a remedial | 11 | | action, as defined in this Act, shall maintain continuous | 12 | | financial assurance for environmental liability coverage in | 13 | | the amount of at least $500,000 for that facility until the | 14 | | earlier of (i) January 1, 2030 2020 or (ii) the date the | 15 | | Council determines the drycleaning facility is an inactive | 16 | | drycleaning facility . Failure to comply with this requirement | 17 | | will result in the revocation of the drycleaning facility's | 18 | | existing license and in the inability of the drycleaning | 19 | | facility to obtain or renew a license under Section 60 of this | 20 | | Act. | 21 | | (k) Effective January 1, 2020, owners and operators of | 22 | | inactive drycleaning facilities that are eligible for | 23 | | reimbursement from the Fund on that date shall, until January | 24 | | 1, 2030, pay an annual $3,000 administrative assessment to the | 25 | | Agency for the facility. Administrative assessments collected | 26 | | by the Agency under this subsection (k) shall be deposited into |
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| 1 | | the 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 | 6 | | responsible party
liable for a release that is the subject of a | 7 | | remedial action and for which
the Fund has expended moneys for | 8 | | remedial action.
The amount of recovery sought by the Agency | 9 | | Council shall be equal to all moneys
expended by the Fund for | 10 | | and in connection with the remediation,
including , but
not | 11 | | limited to , reasonable attorney's attorneys fees and costs of | 12 | | litigation 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 | 23 | | claimant
to the Fund shall be the
total costs of remedial | 24 | | action incurred by the Fund, as specified in subsection
(a), if | 25 | | the
claimant has not complied with the Environmental Protection |
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| 1 | | Act , and its rules
or
with this Act , or and its rules adopted | 2 | | under either Act .
| 3 | | (d) Notwithstanding subsection (b), the liability of a
| 4 | | claimant to the Fund shall be the total costs of remedial | 5 | | action incurred by
the Fund, as
specified in
subsection (a), if | 6 | | the claimant received reimbursement from the Fund through
| 7 | | misrepresentation or fraud, and the claimant shall be liable | 8 | | for the amount of
the reimbursement.
| 9 | | (e) Upon reimbursement by
the Fund for remedial action | 10 | | under this Act, the rights of the claimant to
recover payment | 11 | | from a potentially responsible party are assumed by
the Agency | 12 | | Council to the extent the remedial action was paid by the Fund. | 13 | | A claimant
is precluded from
receiving double compensation for | 14 | | the same injury. A claimant may elect
to permit the Agency | 15 | | Council to pursue the claimant's cause of action for
an injury
| 16 | | not compensated by the Fund against a potentially responsible | 17 | | party,
provided the Attorney General or his or her designee | 18 | | determines the
representation would not be a conflict of | 19 | | interest.
| 20 | | (f) This Section does not preclude, limit, or in any way | 21 | | affect any of the
provisions of or causes of action pursuant to | 22 | | Section 22.2 of the Environmental
Protection Act.
| 23 | | (g) Any cost recovery action commenced before July 1, 2020, | 24 | | by the Council, pursuant to this Section, may be prosecuted or | 25 | | continued by the Attorney General on and after that date. | 26 | | (h) All costs recovered under this Section shall be |
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| 1 | | deposited 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 | 6 | | Council under this Act shall be
the claimant's
exclusive method | 7 | | for the recovery of the costs of drycleaning facility
| 8 | | remediation.
| 9 | | (b) If a person conducts a remedial action activity for a | 10 | | release at a
drycleaning facility site, whether or not the | 11 | | person files a claim
under this Act, the claim and remedial | 12 | | action activity conducted are
not evidence of liability or an | 13 | | admission of liability for any potential or
actual | 14 | | environmental 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 | 20 | | operate a drycleaning
facility in this State without a license | 21 | | issued by the Council or Agency . Until July 1, 2020, the | 22 | | license required under this subsection shall be issued by the | 23 | | Council. On and after July 1, 2020, the license required under | 24 | | this subsection shall be issued by the Agency.
|
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| 1 | | (b) Beginning July 1, 2020, The Council shall issue an | 2 | | initial or renewal license shall be issued to a drycleaning
| 3 | | facility on submission by an applicant of a completed form | 4 | | prescribed by the Agency and
Council, proof of payment of the | 5 | | required fee to the Department of Revenue, and, if the | 6 | | drycleaning facility has previously received or is currently | 7 | | receiving reimbursement for the costs of a remedial action, as | 8 | | defined in this Act, proof of compliance with subsection (j) of | 9 | | Section 40. The Agency shall make available on its website an | 10 | | electronic copy of the required license and license renewal | 11 | | applications. License Beginning January 1, 2013, license | 12 | | renewal application forms must include a certification by the | 13 | | applicant : | 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 |
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| 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 | 9 | | licensure 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.
|
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 | 11 | | solvents
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 | 21 | | published
Consumer Price Index - All Urban Consumers ("CPI-U") | 22 | | or as otherwise determined
by the Council.
| 23 | | (d) A license issued under this Section shall expire one | 24 | | year after the date
of issuance and may be renewed on | 25 | | reapplication to the Council and submission
of proof of payment | 26 | | of the appropriate fee to the Department of Revenue in
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| 1 | | accordance with subsections (c) and (e). At least 30 days | 2 | | before payment of a
renewal licensing fee is due, the Council | 3 | | shall 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 | 9 | | appropriate
application form provided by the Agency Council | 10 | | with the license fee in the form of
cash, credit card, business | 11 | | check, or guaranteed remittance to the Department of Revenue.
| 12 | | The Department may accept payment of the license fee under this | 13 | | Section by credit card only if the Department is not required | 14 | | to pay a discount fee charged by the credit card issuer. The | 15 | | license fee payment form and the actual license fee payment | 16 | | shall be
administered by the Department of Revenue under rules | 17 | | adopted by that
Department.
| 18 | | (f) The Department of Revenue shall issue a proof of | 19 | | payment receipt to
each operator of a drycleaning facility who | 20 | | has paid the appropriate fee in
cash or by guaranteed | 21 | | remittance, credit card, or business check. However, the | 22 | | Department of Revenue shall not
issue a proof of payment | 23 | | receipt to a drycleaning facility that is liable to
the | 24 | | Department of Revenue for a tax imposed under this Act. The | 25 | | original
receipt shall be presented to the Council by the | 26 | | operator of a drycleaning
facility.
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| 1 | | (g) (Blank).
| 2 | | (h) The Board Council and the Department of Revenue may | 3 | | adopt rules as necessary
to administer the licensing
| 4 | | requirements of this Act.
| 5 | | (Source: P.A. 96-774, eff. 1-1-10; 97-332, eff. 8-12-11; | 6 | | 97-377, eff. 1-1-12; 97-663, eff. 1-13-12; 97-813, eff. | 7 | | 7-13-12; 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
| 12 | | the use of drycleaning solvent by a person engaged in the | 13 | | business of operating
a drycleaning facility in this State at | 14 | | the rate of $10 $3.50 per gallon of
perchloroethylene or other | 15 | | chlorinated drycleaning solvents used in
drycleaning | 16 | | operations, $2 $0.35 per gallon of
petroleum-based drycleaning | 17 | | solvent, and $1.75 per gallon of green solvents,
unless the | 18 | | green solvent is used at a virgin facility, in which case the | 19 | | rate
is $0.35 per gallon. The Board may Council
shall determine | 20 | | by rule which products are
chlorine-based solvents, which | 21 | | products are petroleum-based
solvents, and which products are | 22 | | green solvents. All drycleaning solvents
shall be considered
| 23 | | chlorinated solvents unless the Board Council determines
that | 24 | | the solvents are petroleum-based drycleaning solvents or green
| 25 | | solvents.
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| 1 | | (b) The tax imposed by this Act shall be collected from the | 2 | | purchaser at
the time of sale by a seller of drycleaning | 3 | | solvents maintaining a place of
business in this State and | 4 | | shall be remitted to the Department of Revenue under
the
| 5 | | provisions of this Act.
| 6 | | (c) The tax imposed by this Act that is not collected by a | 7 | | seller of
drycleaning solvents shall be paid directly to the | 8 | | Department of Revenue by the
purchaser or end user who is | 9 | | subject to the tax imposed by this Act.
| 10 | | (d) No tax shall be imposed upon the use of drycleaning | 11 | | solvent if the
drycleaning solvent will not be used in a | 12 | | drycleaning facility or if a floor
stock
tax has been imposed | 13 | | and paid on the drycleaning solvent. Prior to the
purchase of | 14 | | the solvent, the purchaser shall provide a written and signed
| 15 | | certificate 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 | 24 | | of a
drycleaning facility a tax on drycleaning
solvent held by | 25 | | the operator on that date for use in
a drycleaning facility.
| 26 | | The tax imposed shall be
the tax that would have been imposed |
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| 1 | | under
subsection (a)
if the drycleaning solvent held by the | 2 | | operator on that date had been
purchased
by the operator during
| 3 | | the first year of this Act.
| 4 | | (f) On or before the 25th day of the 1st month following | 5 | | the end of the
calendar quarter, a seller of drycleaning | 6 | | solvents who has collected a tax
pursuant to this Section | 7 | | during the previous calendar quarter, or a purchaser
or end | 8 | | user of
drycleaning solvents required under subsection (c) to | 9 | | submit the tax directly
to the Department, shall file a return
| 10 | | with the Department of Revenue. The return shall be filed on a | 11 | | form prescribed
by the Department of Revenue and shall contain | 12 | | information that the Department
of
Revenue reasonably | 13 | | requires, but at a minimum will require the reporting of
the | 14 | | volume of
drycleaning solvent sold to each licensed drycleaner. | 15 | | The Department of Revenue
shall report quarterly to the Agency | 16 | | Council the volume of drycleaning solvent
purchased for the | 17 | | quarter by each licensed drycleaner. Each seller of
drycleaning | 18 | | solvent maintaining a
place of business in this State who is | 19 | | required or authorized to collect the
tax imposed by this Act | 20 | | shall pay to the Department the amount of the tax at
the time | 21 | | when he or she is required to file his or her return for the | 22 | | period
during which the tax was collected. Purchasers or end | 23 | | users remitting the tax
directly to
the Department under | 24 | | subsection (c) shall file a return with
the Department of | 25 | | Revenue and pay the tax so incurred by the purchaser or end
| 26 | | user during
the preceding calendar quarter. |
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| 1 | | Except as provided in this Section, the seller of | 2 | | drycleaning solvents filing the return under this Section | 3 | | shall, at the time of filing the return, pay to the Department | 4 | | the amount of tax imposed by this Act less a discount of 1.75%, | 5 | | or $5 per calendar year, whichever is greater. Failure to | 6 | | timely file the returns and provide to the Department the data | 7 | | requested under this Act will result in disallowance of the | 8 | | reimbursement discount.
| 9 | | (g) The tax on drycleaning solvents
used in drycleaning | 10 | | facilities and the floor stock tax shall be administered by
| 11 | | Department of Revenue
under rules adopted by that Department.
| 12 | | (h) No On and after January 1, 1998, no person shall | 13 | | knowingly sell or transfer
drycleaning solvent to an operator | 14 | | of a drycleaning facility that is not
licensed by the Agency | 15 | | Council under Section 60.
| 16 | | (i) The Department of Revenue may adopt rules
as necessary | 17 | | to implement this Section.
| 18 | | (j) If any payment provided for in this Section exceeds the | 19 | | seller's liabilities under this Act, as shown on an original | 20 | | return, the seller may credit such excess payment against | 21 | | liability subsequently to be remitted to the Department under | 22 | | this Act, in accordance with reasonable rules adopted by the | 23 | | Department. If the Department subsequently determines that all | 24 | | or any part of the credit taken was not actually due to the | 25 | | seller, the seller's discount shall be reduced by an amount | 26 | | equal to the difference between the discount as applied to the |
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| 1 | | credit taken and that actually due, and the seller shall be | 2 | | liable 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 | 7 | | person who violates any provision
of this Act , or any rule
| 8 | | adopted under this Act regulation adopted by the Council , or | 9 | | any license or registration or term or condition thereof, or | 10 | | that violates any Council, Board, or court order entered of the | 11 | | Council under this Act, shall be liable for a civil penalty as | 12 | | provided in this Section. The penalties may, upon order of the | 13 | | Board the Council or a court of competent jurisdiction, be made | 14 | | payable to the Drycleaner Environmental Response Trust Fund, to | 15 | | be used in accordance with the provisions of this the | 16 | | Drycleaner Environmental Response Trust Fund Act. | 17 | | (b) Notwithstanding the provisions of subsection (a) of | 18 | | this 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 |
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| 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 | 25 | | assessment setting forth any penalties it imposes under | 26 | | subsection (b) of this Section and shall serve notice of the |
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| 1 | | assessment upon the party assessed. The Council's | 2 | | determination shall be
deemed correct and shall serve as | 3 | | evidence of the correctness of the Council's determination that | 4 | | a penalty is due. Proof of a determination by the Council may | 5 | | be made at any administrative hearing or in any legal | 6 | | proceeding by a reproduced copy or computer print-out of the | 7 | | Council's record relating thereto in the name of the Council | 8 | | under the certificate of the Council. | 9 | | If reproduced copies of the Council's records are offered | 10 | | as proof of a penalty assessment, the Council must certify that | 11 | | those copies are true and exact copies of records on file with | 12 | | the Council. If computer print-outs of the Council's records | 13 | | are offered as proof of a determination, the Council Chairman | 14 | | must certify that those computer print-outs are true and exact | 15 | | representations of records properly entered into standard | 16 | | electronic computing equipment, in the regular course of the | 17 | | Council's business, at or reasonably near the time of the | 18 | | occurrence of the facts recorded, from trustworthy and reliable | 19 | | information. A certified reproduced copy or certified computer | 20 | | print-out shall, without further proof, be admitted into | 21 | | evidence in any administrative or legal proceeding and is prima | 22 | | facie proof of the correctness of the Council's determination. | 23 | | Whenever notice is required by this Section, the notice may | 24 | | be given by United States registered or certified mail, | 25 | | addressed to the person concerned at his last known address, | 26 | | and proof of mailing shall be sufficient for the purposes of |
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| 1 | | this Act. Notice of any hearing provided for by this Act shall | 2 | | be given not less than 7 days before the day fixed for the | 3 | | hearing. Following the initial contact of a person represented | 4 | | by an attorney, the Council shall not contact that person but | 5 | | shall only contact the attorney representing that person. | 6 | | (d) The penalties provided for in this Section may be | 7 | | recovered in a civil action instituted by the Attorney General | 8 | | in the name of the people of the State of Illinois. | 9 | | (e) The Attorney General may also, at the request of the | 10 | | Agency or the Department of Revenue, Council or on his or her | 11 | | own motion, institute a civil action for an injunction, | 12 | | prohibitory or mandatory, to restrain violations of this Act, | 13 | | any rule or regulation adopted under this Act, any license or | 14 | | registration or term or condition of a license or registration, | 15 | | or any Council , Board, or court order entered pursuant to this | 16 | | Act , or to require other actions as may be necessary to address | 17 | | violations thereof. | 18 | | (f) Without limiting any other authority which may exist | 19 | | for the awarding of attorney's fees and costs, the Board the | 20 | | Council, or a court of competent jurisdiction , may award costs | 21 | | and reasonable attorney's fees, including the reasonable costs | 22 | | of expert witnesses and consultants, to the Attorney General in | 23 | | a case where the Attorney General has prevailed against a | 24 | | person who has committed a willful, knowing, or repeated | 25 | | violation of this Act, any rule or regulation adopted under
| 26 | | this Act, or any license or registration or term or condition |
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| 1 | | of a license or registration, or any Council , Board, or court | 2 | | order entered pursuant to this Act . Any funds collected under | 3 | | this subsection (f) in which the Attorney General has prevailed | 4 | | shall be deposited in the Drycleaner Environmental Response | 5 | | Trust Fund created in Section 10 of this Act. | 6 | | (g) All final orders imposing civil penalties under this | 7 | | Section shall prescribe the time for payment of the penalties. | 8 | | If any penalty is not paid within the time prescribed, interest | 9 | | on the penalty shall be paid, at the rate set forth in Section | 10 | | 3-2 of the Illinois Uniform Penalty and Interest Act, for the | 11 | | period from the date payment is due until the date payment is | 12 | | received. However, if the time for payment is stayed during the | 13 | | pendency of an appeal, interest shall not accrue during the | 14 | | stay.
| 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 | 18 | | civil and criminal penalties provided by law, any person who | 19 | | knowingly makes to the Agency or Department of Revenue an oral | 20 | | or written statement that is false, fictitious, or fraudulent | 21 | | and that is materially related to or required by this Act or a | 22 | | rule adopted under this Act commits a Class 4 felony, and each | 23 | | such statement or writing shall be considered a separate Class | 24 | | 4 felony. A person who, after being convicted under this | 25 | | Section, violates this Section a second or subsequent time |
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| 1 | | commits 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 | 5 | | shall be subject to review in the manner provided for the | 6 | | review of permit decisions under Section 40 of the | 7 | | Environmental Protection Act. | 8 | | (b) Final administrative decisions made under this Act on | 9 | | or before the effective date of this Section by the Council, | 10 | | the Administrator of the Fund, or an administrative law judge | 11 | | of the Council are subject to review in accordance with the law | 12 | | in effect at the time of the decision, except that (i) the | 13 | | Director of the Agency shall conduct reviews to be performed by | 14 | | the Administrator of the Fund and (ii) the review of decisions | 15 | | of the Council and decisions of administrative law judges of | 16 | | the Council shall be conducted in accordance with the | 17 | | Administrative Review Law. | 18 | | Section 15. The Drycleaner Environmental Response Trust | 19 | | Fund Act is amended by adding Sections 12 and 31 and changing | 20 | | Sections 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 |
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| 1 | | as otherwise provided in this Section, all powers, duties, | 2 | | rights, and responsibilities of the Council are transferred to | 3 | | the Agency. On and after that date, all of the general powers | 4 | | necessary and convenient to implement and administer this Act | 5 | | are, except as otherwise provided in this Section, hereby | 6 | | vested in and may be exercised by the Agency, including, but | 7 | | not limited to, the powers described in Section 25 of this Act. | 8 | | (b) No later than June 30, 2020, the Administrator of the | 9 | | Fund shall prepare on behalf of the Council and deliver to the
| 10 | | Agency 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; |
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| 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, | 18 | | papers, documents, property (real and personal), contracts, | 19 | | causes of action, and pending business pertaining to the | 20 | | powers, duties, rights, and responsibilities transferred by | 21 | | this amendatory Act, including, but not limited to, material in | 22 | | electronic or magnetic format and necessary computer hardware | 23 | | and software, shall be transferred to the Agency, regardless of | 24 | | whether they are in the possession of the Council, an | 25 | | independent contractor who serves as Administrator of the Fund, | 26 | | or any other person. |
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| 1 | | (d) At the direction of the Governor or on July 1, 2020, | 2 | | whichever is earlier, all unexpended appropriations and | 3 | | balances and other funds available for use by the Council, as | 4 | | determined by the Director of the Governor's Office of | 5 | | Management and Budget, shall be transferred for use by the | 6 | | Agency in accordance with this Act, regardless of whether they | 7 | | are in the possession of the Council, an independent contractor | 8 | | who serves as Administrator of the Fund, or any other person. | 9 | | Unexpended balances so transferred shall be expended by the | 10 | | Agency only for the purpose for which the appropriations were | 11 | | originally made. | 12 | | (e) The transfer of powers, duties, rights, and | 13 | | responsibilities pursuant to this amendatory Act of the 101st | 14 | | General Assembly does not affect any act done, ratified, or | 15 | | canceled or any right
accruing or established or any action or | 16 | | proceeding had or commenced by the Council or the Administrator | 17 | | of the Fund before July 1, 2020; such actions may be prosecuted | 18 | | and continued by the Attorney General. | 19 | | (f) Whenever reports or notices are required to be made or | 20 | | given or papers or documents furnished or served by any person | 21 | | to or upon the Council or the Administrator of the Fund in | 22 | | connection with any of the powers, duties, rights, or | 23 | | responsibilities transferred by this amendatory Act of the | 24 | | 101st General Assembly to the Agency, the same shall be made, | 25 | | given, furnished, or served in the same manner to or upon the | 26 | | Agency. |
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| 1 | | (g) All rules duly adopted by the Council before July 1, | 2 | | 2020 shall become rules of the Board on July 1, 2020, and | 3 | | beginning on that date, the Agency is authorized to propose to | 4 | | the Board for adoption, and the Board may adopt, amendments to | 5 | | the transferred rules, as well as new rules, for carrying out, | 6 | | administering, and enforcing the provisions of this Act. | 7 | | (h) In addition to the rules described above, the Board is | 8 | | hereby authorized to adopt rules establishing minimum | 9 | | continuing education and compliance program requirements for | 10 | | owners and operators of active drycleaning facilities. Board | 11 | | rules establishing minimum continuing education requirements | 12 | | shall, among other things, identify the minimum number of | 13 | | continuing education credits that must be obtained and describe | 14 | | the specific subjects to be covered in continuing education | 15 | | programs. Board rules establishing minimum compliance program | 16 | | requirements shall, among other things, identify the type of | 17 | | inspections that must be conducted. The rules adopted by the | 18 | | Board under this subsection (h) may also provide an exemption | 19 | | from continuing education requirements for persons who have, | 20 | | for at least 10 consecutive years on or after January 1, 2009, | 21 | | owned or operated a drying facility licensed under this Act. | 22 | | (i) For the purposes of the Successor Agency Act and | 23 | | Section 9b of the State Finance Act, the Agency is the | 24 | | successor to the Council beginning July 1, 2020. | 25 | | (415 ILCS 135/31 new) |
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| 1 | | Sec. 31. Prohibition on renewal of contract with Fund | 2 | | Administrator. On and after the effective date of this | 3 | | amendatory Act of the 101st General Assembly, the Council shall | 4 | | not enter into or renew any contract or agreement with a person | 5 | | to act as the Administrator of the Fund for a term that extends | 6 | | beyond June 30, 2020.
| 7 | | (415 ILCS 135/45)
| 8 | | Sec. 45. Insurance account.
| 9 | | (a) The insurance account shall offer financial assurance | 10 | | for a qualified
owner
or operator of a drycleaning facility | 11 | | under the terms and conditions provided
for under this Section. | 12 | | Coverage may be provided to either the owner or the
operator of | 13 | | a drycleaning facility. Neither the Agency nor the The
Council | 14 | | is not required to resolve whether the owner or operator, or | 15 | | both,
are responsible for a release under the terms of an | 16 | | agreement between
the owner and operator.
| 17 | | (b) The source of funds for the insurance account shall be | 18 | | as 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 .
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| 1 | | (c) An owner or operator may purchase
coverage of up to | 2 | | $500,000 per drycleaning facility subject to the terms and
| 3 | | conditions under this Section and those adopted by the Council | 4 | | before July 1, 2020 or by the Board on or after that date . | 5 | | Coverage
shall be limited to remedial action costs associated | 6 | | with soil and
groundwater contamination resulting from a | 7 | | release of drycleaning solvent
at an insured drycleaning | 8 | | facility, including third-party liability for soil
and | 9 | | groundwater contamination. Coverage is not provided for a | 10 | | release
that occurred before the date of coverage.
| 11 | | (d) An
owner or operator, subject to underwriting | 12 | | requirements and terms
and conditions deemed necessary and | 13 | | convenient by the Council for periods before July 1, 2020 and | 14 | | subject to terms and conditions deemed necessary and convenient | 15 | | by the Board for periods on or after that date , may
purchase | 16 | | insurance coverage from the insurance account provided that
the | 17 | | drycleaning facility to be insured meets the following | 18 | | conditions :
| 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 |
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| 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, |
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| 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). |
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| 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 | 7 | | owner or operator demanding immediate payment of a past-due | 8 | | premium for insurance services provided pursuant to this Act, | 9 | | the demand for payment must offer a grace period of not less | 10 | | than 30 days during which the owner or operator shall be | 11 | | allowed to pay any premiums due. If payment is made during that | 12 | | period, coverage under this Act shall not be terminated for | 13 | | non-payment by the insurer. | 14 | | (e-6) (Blank). If an insurer terminates an owner or | 15 | | operator's coverage under this Act, the insurer must send a | 16 | | written notice to the owner or operator to inform him or her of | 17 | | the termination of that coverage, and that notice must include | 18 | | instructions on how to seek reinstatement of coverage, as well | 19 | | as information concerning any premiums or penalties that might | 20 | | be due. | 21 | | (f) If coverage is purchased for any part of a year, the | 22 | | purchaser shall pay
the full annual premium. The insurance | 23 | | premium is fully earned upon issuance
of the insurance policy.
| 24 | | (g) Any The insurance coverage provided under this Section | 25 | | shall 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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| 1 | | obligations under this Section or authority necessary to | 2 | | administer the
obligations until the obligations are | 3 | | satisfied, including but not limited to
the payment of claims | 4 | | filed prior
to the effective date of any future repeal against | 5 | | the insurance account until
moneys in the account are | 6 | | exhausted. Upon exhaustion of the
moneys in the account, any | 7 | | remaining claims shall be invalid. If moneys remain
in the | 8 | | account following
satisfaction of the obligations under this | 9 | | Section,
the remaining moneys and moneys due the account shall | 10 | | be deposited in the remedial action account
used to assist | 11 | | current insureds to obtain a viable insuring mechanism as
| 12 | | determined by the Council after public notice and opportunity | 13 | | for
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 | 17 | | 65 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 |
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| 1 | | Fund Act is amended by repealing Sections 15, 20, 30, 75, and | 2 | | 80.
| 3 | | Section 99. Effective date. This Act takes effect July 1, | 4 | | 2020.".
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