Full Text of HB2491 96th General Assembly
HB2491enr 96TH GENERAL ASSEMBLY
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HB2491 Enrolled |
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LRB096 10484 JDS 20656 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Drycleaner Environmental Response Trust | 5 |
| Fund Act is amended by changing Sections 20, 40, 60, and 65 and | 6 |
| by adding Section 69 as follows:
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| (415 ILCS 135/20)
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| Sec. 20. Council rules.
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| (a) The Council may adopt rules in accordance with the | 10 |
| emergency rulemaking
provisions of Section 5-45 of the Illinois | 11 |
| Administrative Procedure Act for one
year after
the effective | 12 |
| date of this Act. Thereafter, the Council shall conduct general
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| rulemaking as provided under the Illinois Administrative | 14 |
| Procedure Act.
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| (b) The Council shall adopt rules regarding its practice | 16 |
| and procedures for
investigating and settling claims made | 17 |
| against the Fund,
determining reimbursement guidelines, | 18 |
| coordinating with the Agency, and
otherwise implementing and | 19 |
| administering the Fund under this
Act.
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| (c) The Council shall adopt rules regarding its practice | 21 |
| and procedures to
develop underwriting standards, establish | 22 |
| insurance account coverage
and risk factors, settle claims made | 23 |
| against the insurance account of the Fund,
determine |
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| appropriate deductibles or retentions in coverages or benefits
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| offered under the insurance account of the Fund, determine | 3 |
| reimbursement
guidelines,
and otherwise implement and | 4 |
| administer the insurance account under this
Act.
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| (d) The Council shall adopt rules necessary for the | 6 |
| implementation and
collection of insurance account premiums | 7 |
| prior to offering insurance to an
owner or operator of a | 8 |
| drycleaning facility or other person.
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| (e) The Council shall adopt rules prescribing requirements | 10 |
| for the retention
of records
by an owner or operator and the | 11 |
| periods for which he or she must
retain those records.
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| (f) The Council shall adopt rules describing the manner in | 13 |
| which all
disbursed moneys received from the Agency shall be | 14 |
| deposited with a bank or
savings and loan association to be | 15 |
| approved by the Council. For purposes of
this subsection, the | 16 |
| Council shall be considered a public agency and,
therefore, no | 17 |
| bank or savings and loan association shall receive public funds
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| from the Council, and the Council shall not make any | 19 |
| investments, unless in
accordance with the Public Funds | 20 |
| Investment Act.
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| (g) All final Council decisions regarding the Fund or any | 22 |
| reimbursement from
the
Fund and any decision concerning the | 23 |
| classification of drycleaning solvents
pursuant to subsection | 24 |
| (a) of Section 65 of this Act and any notice of the assessment | 25 |
| of civil penalties under Section 69 of this Act shall be | 26 |
| subject to
appeal to the Administrator of the Council, by the |
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| affected
parties , within 60 days after the final decision . The | 2 |
| Council shall determine by rule persons who have standing to
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| appeal final Council decisions. Any written decision by the | 4 |
| Administrator may be appealed to the Council within 60 days | 5 |
| after the Administrator's final decision. Any decision by the | 6 |
| Council may be appealed to the Council's administrative law | 7 |
| judge within 60 days after the Council's final decision. Notice | 8 |
| of any hearing provided for by this Act shall be given not less | 9 |
| than 7 days before the day fixed for the hearing All appeals of | 10 |
| final Council decisions shall be
presented to and
reviewed by | 11 |
| the Council's administrative hearing officer . An appeal of the
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| administrative law judge's hearing officer's decision will be | 13 |
| subject to judicial review in
accordance with the | 14 |
| Administrative Review Law.
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| Any decision not timely appealed shall become a final | 16 |
| administrative decision without the necessity of a final | 17 |
| administrative decision being issued and shall be deemed to be | 18 |
| a final administrative decision. | 19 |
| The Council shall adopt rules relating to appeal | 20 |
| procedures . | 21 |
| The Council may designate an attorney, employed by the | 22 |
| Council or privately employed, to act as an administrative law | 23 |
| judge to preside at any administrative hearing resulting from | 24 |
| the appeal of a Council decision. The Council and the | 25 |
| Department of Revenue are authorized to enter into an agreement | 26 |
| whereby an administrative law judge employed by the Department |
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| may be assigned to preside at the administrative hearings. | 2 |
| Proof of the Council's administrative decision may be made | 3 |
| at any administrative or legal proceeding by a reproduced copy | 4 |
| of the Council's record relating to the decision under the | 5 |
| certificate of the Council. A reproduced copy shall, without | 6 |
| further proof, be admitted into evidence and shall be prima | 7 |
| facie proof of the decision. | 8 |
| The provisions of the Administrative Review Law, and any | 9 |
| rules adopted under the Administrative Review law by the | 10 |
| Council, shall govern all proceedings for the judicial review | 11 |
| of final administrative decisions of the Council. The term | 12 |
| "administrative decision" has the same meaning as it does in | 13 |
| Section 3-101 of the Code of Civil Procedure. | 14 |
| Venue for an administrative review action challenging the | 15 |
| results of an administrative hearing upholding an | 16 |
| administrative decision issued by the Council
shall be proper | 17 |
| in the Circuit Court of the county where the plaintiff has its | 18 |
| principal place of business, or Sangamon County if the | 19 |
| plaintiff's principal place of business is located outside | 20 |
| Illinois. that shall
require the Council to deliver notice of | 21 |
| appeal to the affected parties within
30 days of receipt of | 22 |
| notice, require that the hearing be held within 180
days of the | 23 |
| filing of the petition unless good cause is shown for the | 24 |
| delay,
and require that a final decision be issued no later | 25 |
| than 120
days following the close of the hearing. The time | 26 |
| restrictions in this
subsection may be waived by mutual |
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| agreement of the parties.
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| (Source: P.A. 90-502, eff. 8-19-97.)
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| (415 ILCS 135/40)
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| Sec. 40. Remedial action account.
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| (a) The remedial action account is established to provide | 6 |
| reimbursement to
eligible
claimants for
drycleaning solvent | 7 |
| investigation, remedial action planning, and
remedial action | 8 |
| activities for existing drycleaning solvent contamination
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| discovered at their drycleaning facilities.
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| (b) The following persons are eligible for reimbursement | 11 |
| from the remedial
action account:
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| (1) In the case of claimant who is the owner or | 13 |
| operator of an active
drycleaning
facility licensed by the | 14 |
| Council under this Act at the time of application for
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| remedial action benefits afforded under
the Fund, the
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| claimant is only eligible for reimbursement of remedial
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| action costs incurred in connection with a release
from | 18 |
| that drycleaning facility,
subject to any other | 19 |
| limitations under this Act.
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| (2) In the case of a claimant who is the owner of an | 21 |
| inactive drycleaning
facility and
was the owner or operator | 22 |
| of the drycleaning facility when it was
an active | 23 |
| drycleaning facility, the claimant is only eligible for
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| reimbursement of remedial action costs incurred in
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| connection with a release from the drycleaning facility,
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| subject to any other limitations under
this Act.
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| (c) An eligible claimant requesting reimbursement from the | 3 |
| remedial action
account shall meet all of the following:
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| (1) The claimant demonstrates that the source of the | 5 |
| release is from
the claimant's drycleaning facility.
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| (2) At the time the release was discovered by the | 7 |
| claimant, the claimant
and the drycleaning facility were in | 8 |
| compliance with the Agency reporting
and technical | 9 |
| operating requirements.
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| (3) The claimant reported the release in a timely | 11 |
| manner to
the Agency in accordance with State law.
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| (4) The claimant applying for reimbursement has not | 13 |
| filed for
bankruptcy on or after the date of his or her | 14 |
| discovery of the release.
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| (5) If the claimant is the owner or operator of an | 16 |
| active drycleaning
facility, the claimant has provided to | 17 |
| the Council proof of implementation and
maintenance of the | 18 |
| following pollution prevention measures:
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| (A) That all drycleaning solvent wastes generated | 20 |
| at a drycleaning
facility be managed in accordance with | 21 |
| applicable State
waste management laws and rules.
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| (B) A prohibition on the discharge of wastewater | 23 |
| from drycleaning
machines or of drycleaning solvent | 24 |
| from drycleaning
operations to a sanitary sewer or | 25 |
| septic tank or to the
surface or in groundwater.
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| (C) That every drycleaning facility:
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| (I) install 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 | 6 |
| leaks, spills, or releases of
drycleaning
solvent | 7 |
| from that machine, item, area, or container. The | 8 |
| containment
dike or other containment structure | 9 |
| shall be capable of at least the following:
(i) | 10 |
| containing a capacity of 110% of the drycleaning | 11 |
| solvent in the largest
tank or vessel within the | 12 |
| machine; (ii) containing 100% of the drycleaning
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| solvent of each item of equipment or drycleaning | 14 |
| area; and (iii) containing
100% of the drycleaning | 15 |
| solvent of the largest portable waste container or | 16 |
| at
least 10% of the total volume of the portable | 17 |
| waste containers stored within
the containment | 18 |
| dike or structure, whichever is greater.
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| Petroleum underground storage tank systems | 20 |
| that are upgraded in
accordance with USEPA upgrade | 21 |
| standards pursuant to 40 CFR Part 280 for the
tanks | 22 |
| and
related piping systems and use a leak detection | 23 |
| system approved by the USEPA or
IEPA are exempt | 24 |
| from this secondary containment requirement; and
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| (II) seal or otherwise render impervious those | 26 |
| portions of
diked floor surfaces on which a |
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| drycleaning
solvent may leak, spill, or otherwise | 2 |
| be released.
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| (D) A requirement that all drycleaning solvent | 4 |
| shall be delivered
to drycleaning facilities by means | 5 |
| of closed, direct-coupled
delivery systems.
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| (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
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| 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.
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| (7) The release was discovered on or after July
1, 1997 | 21 |
| and before July 1, 2006.
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| (d) A claimant shall submit a completed application form
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| provided by the Council. The application shall contain | 24 |
| 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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| Application for remedial action account benefits must be
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| submitted to the Council on or before June 30, 2005.
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| (e) Claimants shall be subject to the following deductible | 4 |
| requirements,
unless modified pursuant to the Council's | 5 |
| authority under
Section 75:
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| (1) An eligible claimant submitting a claim
for an | 7 |
| active drycleaning facility is responsible for the first | 8 |
| $5,000 of
eligible investigation costs and for the first | 9 |
| $10,000 of eligible remedial
action costs incurred in | 10 |
| connection with the release from the drycleaning
facility | 11 |
| and is only eligible for reimbursement for costs that | 12 |
| exceed
those amounts, subject to any other limitations of | 13 |
| this Act.
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| (2) An eligible claimant submitting a
claim for an | 15 |
| inactive drycleaning facility is responsible for the first | 16 |
| $10,000
of eligible investigation costs and for the first | 17 |
| $10,000 of eligible remedial
action costs incurred in | 18 |
| connection with the release from that drycleaning
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| facility, and is only eligible for reimbursement for costs | 20 |
| that exceed
those amounts, subject to any other limitations | 21 |
| of this Act.
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| (f) Claimants are subject to the following limitations on | 23 |
| reimbursement:
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| (1) Subsequent to meeting the deductible requirements | 25 |
| of
subsection (e), and pursuant to the requirements of | 26 |
| Section 75,
reimbursement shall not exceed $300,000 per |
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| active drycleaning facility and
$50,000 per inactive | 2 |
| drycleaning facility.
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| (2) A contract in which one of the parties to the | 4 |
| contract is a claimant,
for goods or services that may be | 5 |
| payable or reimbursable from
the Council, is void and | 6 |
| unenforceable unless and until the Council has found
that | 7 |
| the
contract terms are within the range of usual and | 8 |
| customary rates
for similar or equivalent goods or services | 9 |
| within this State and
has found that the goods or services | 10 |
| are necessary for the claimant to
comply with Council | 11 |
| standards or other applicable regulatory standards.
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| (3) A claimant may appoint the Council as an agent for | 13 |
| the purposes of
negotiating contracts with suppliers of | 14 |
| goods or services
reimbursable by the Fund. The Council may | 15 |
| select another
contractor for goods or services other than | 16 |
| the one offered by the
claimant if the scope of the | 17 |
| proposed work or actual work of the
claimant's offered | 18 |
| contractor does not reflect the quality of workmanship
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| required or if the costs are determined to be excessive, as | 20 |
| determined by the
Council.
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| (4) The Council may require a claimant to obtain and | 22 |
| submit 3 bids
and may require specific terms and conditions | 23 |
| in a
contract subject to approval.
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| (5) The Council may enter into a contract or an | 25 |
| exclusive contract with
the supplier of goods or services | 26 |
| required by a claimant or class of
claimants, in connection |
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| with an expense reimbursable from the
Fund, for a specified | 2 |
| good or service at a gross maximum
price or fixed rate, and | 3 |
| may limit reimbursement accordingly.
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| (6) Unless emergency conditions exist, a service | 5 |
| provider shall
obtain the Council's approval of the budget | 6 |
| for the remediation work
before commencing the work. No | 7 |
| expense incurred that is above the budgeted
amount shall be | 8 |
| paid unless the Council approves
the expense prior to its | 9 |
| being incurred. All invoices and bills relating to
the | 10 |
| remediation work shall be submitted with appropriate | 11 |
| documentation, as
deemed
necessary by the Council , not | 12 |
| later than 30 days after the work has
been performed .
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| (7) Neither the Council nor an eligible claimant is | 14 |
| responsible for
payment for
costs incurred that have not | 15 |
| been previously approved by the
Council, unless an | 16 |
| emergency exists.
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| (8) The Council may determine the usual and customary | 18 |
| costs of each
item for which reimbursement may be awarded | 19 |
| under this Section.
The Council may revise the usual and | 20 |
| customary costs from time
to time as necessary, but costs | 21 |
| submitted for reimbursement shall
be subject to the rates | 22 |
| in effect at the time the costs were
incurred.
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| (9) If a claimant has pollution liability insurance | 24 |
| coverage other than
coverage provided by the insurance | 25 |
| account under this Act,
that coverage shall be primary. | 26 |
| Reimbursement from the remedial
account shall be limited to |
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| the deductible amounts under the primary
coverage and the
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| amount that exceeds the policy limits of the primary | 3 |
| coverage,
subject to the deductible amounts of this Act. If | 4 |
| there is a
dispute between the claimant and the primary | 5 |
| insurance provider,
reimbursement from the remedial action | 6 |
| account may be made to the claimant
after the claimant
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| assigns all of his or her interests in the insurance | 8 |
| coverage to the Council.
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| (g) The source of funds for the remedial action account | 10 |
| shall be moneys
allocated to the account by the Council | 11 |
| according to the Fund budget
approved by the Council.
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| (h) A drycleaning facility will be classified as active or | 13 |
| inactive for
purposes of
determining benefits under this | 14 |
| Section based on the status of the facility
on the date a claim | 15 |
| is filed.
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| (i) Eligible claimants shall conduct remedial action in | 17 |
| accordance with
the
Site Remediation Program under the | 18 |
| Environmental Protection Act and Part 740 of
Title 35 of the | 19 |
| Illinois Administrative Code and the Tiered Approach to Cleanup
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| Objectives under Part 742 of Title 35 of the Illinois | 21 |
| Administrative Code.
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| (Source: P.A. 93-201, eff. 1-1-04.)
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| (415 ILCS 135/60)
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| (Section scheduled to be repealed on January 1, 2020)
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| Sec. 60. Drycleaning facility license.
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| (a) On and after January 1, 1998, no person shall operate a | 2 |
| drycleaning
facility in this State without a license issued by | 3 |
| the Council.
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| (b) The Council shall issue an initial or renewal license | 5 |
| to a drycleaning
facility on submission by an applicant of a | 6 |
| completed form prescribed by the
Council and proof of payment | 7 |
| of the required fee to the Department of Revenue.
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| (c) On or after January 1, 2004, the annual fees for | 9 |
| licensure are as
follows:
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| (1) $500 for a facility that uses (i) 50 gallons or
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| 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
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| 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.
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| (2) $500 for a facility that uses (i)
more than 50 | 19 |
| gallons but not more than 100
gallons of chlorine-based or | 20 |
| 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
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| machine without a solvent reclaimer.
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| (3) $500 for a facility that uses (i) more than 100 | 2 |
| gallons but not more than 150 gallons of chlorine-based
or | 3 |
| 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
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| gallons but not more than 1,500 gallons annually of
| 8 |
| hydrocarbon-based drycleaning solvents in a drycleaning | 9 |
| machine without a
solvent reclaimer.
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| (4) $1,000 for a facility that uses (i) more than 150 | 11 |
| gallons but not
more than 200 gallons of chlorine-based or | 12 |
| green drycleaning solvents annually,
(ii) more than 750 | 13 |
| gallons but not more than 1,000 gallons annually of
| 14 |
| hydrocarbon-based solvents in a drycleaning machine | 15 |
| equipped with a solvent
reclaimer, or (iii) more than
1,500 | 16 |
| gallons but not more than 2,000 gallons annually of | 17 |
| hydrocarbon-based
drycleaning solvents in a drycleaning | 18 |
| machine without a solvent
reclaimer.
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| (5) $1,000 for a facility that uses (i) more than 200 | 20 |
| gallons but not more
than 250 gallons of chlorine-based or | 21 |
| green drycleaning solvents annually, (ii)
more than 1,000 | 22 |
| gallons but not more than 1,250 gallons annually of
| 23 |
| hydrocarbon-based solvents in a drycleaning machine | 24 |
| equipped with a solvent
reclaimer, or (iii) more than
2,000 | 25 |
| gallons but not more than 2,500 gallons annually of | 26 |
| hydrocarbon-based
drycleaning solvents in a drycleaning |
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HB2491 Enrolled |
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| machine without a solvent
reclaimer.
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| (6) $1,000 for a facility that uses (i) more than 250 | 3 |
| gallons but not
more than
300 gallons of chlorine-based or | 4 |
| green drycleaning solvents annually, (ii) more
than 1,250 | 5 |
| gallons but not more than 1,500 gallons annually of
| 6 |
| hydrocarbon-based solvents in a drycleaning machine | 7 |
| equipped with a solvent
reclaimer, or (iii) more than 2,500 | 8 |
| gallons but not more than 3,000 gallons
annually of | 9 |
| hydrocarbon-based drycleaning solvents in a drycleaning | 10 |
| machine
without
a solvent reclaimer.
| 11 |
| (7) $1,000 for a facility that uses (i) more than 300 | 12 |
| gallons but not more
than
350 gallons of chlorine-based or | 13 |
| green drycleaning solvents annually, (ii) more
than 1,500 | 14 |
| gallons but not more than 1,750 gallons annually of
| 15 |
| hydrocarbon-based
solvents in a drycleaning machine | 16 |
| equipped with a solvent reclaimer, or (iii)
more than 3,000 | 17 |
| gallons but not more than 3,500 gallons annually of
| 18 |
| hydrocarbon-based
drycleaning solvents in a drycleaning | 19 |
| machine without a solvent
reclaimer.
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| (8) $1,500 for a facility that uses (i) more than 350 | 21 |
| gallons but not more
than
400 gallons of chlorine-based or | 22 |
| green drycleaning solvents annually, (ii) more
than 1,750 | 23 |
| gallons but not more than 2,000 gallons annually of
| 24 |
| hydrocarbon-based
solvents in a drycleaning machine | 25 |
| equipped with a solvent reclaimer, or (iii)
more than 3,500 | 26 |
| gallons but not more than 4,000 gallons annually of
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HB2491 Enrolled |
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LRB096 10484 JDS 20656 b |
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| hydrocarbon-based
drycleaning solvents in a drycleaning | 2 |
| machine without a solvent
reclaimer.
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| (9) $1,500 for a facility that uses (i) more than 400 | 4 |
| gallons but not more
than 450 gallons of chlorine-based or | 5 |
| green drycleaning solvents annually, (ii)
more than 2,000 | 6 |
| gallons but not more than 2,250 gallons annually of
| 7 |
| hydrocarbon-based
solvents in a drycleaning machine | 8 |
| equipped with a solvent reclaimer, or (iii)
more
than
4,000 | 9 |
| gallons but not more than 4,500 gallons annually of | 10 |
| hydrocarbon-based
drycleaning solvents in a drycleaning | 11 |
| machine without a solvent
reclaimer.
| 12 |
| (10) $1,500 for a facility that uses (i) more than 450 | 13 |
| gallons but not
more than 500
gallons of chlorine-based or | 14 |
| green drycleaning solvents annually, (ii) more
than
2,250 | 15 |
| gallons but not more than 2,500 gallons annually of | 16 |
| hydrocarbon-based
solvents used in a drycleaning machine | 17 |
| equipped with a solvent reclaimer, or
(iii) more
than 4,500 | 18 |
| gallons but not more than 5,000 gallons annually of
| 19 |
| hydrocarbon-based
drycleaning solvents in a drycleaning | 20 |
| machine without a solvent reclaimer.
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| (11) $1,500 for a facility that uses (i) more than 500 | 22 |
| gallons but not
more than 550
gallons of chlorine-based or | 23 |
| green drycleaning solvents annually, (ii) more
than
2,500 | 24 |
| gallons but not more than 2,750 gallons annually of | 25 |
| hydrocarbon-based
solvents in a drycleaning machine | 26 |
| equipped with a solvent reclaimer, or (iii)
more than
5,000 |
|
|
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HB2491 Enrolled |
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LRB096 10484 JDS 20656 b |
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| 1 |
| gallons but not more than 5,500 gallons annually of | 2 |
| hydrocarbon-based
drycleaning solvents in a drycleaning | 3 |
| machine without a solvent
reclaimer.
| 4 |
| (12) $1,500 for a facility that uses (i) more than 550 | 5 |
| gallons but not
more than 600
gallons of chlorine-based or | 6 |
| green drycleaning solvents annually, (ii) more
than 2,750 | 7 |
| gallons but not more than 3,000 gallons annually of
| 8 |
| hydrocarbon-based
solvents in a drycleaning machine | 9 |
| equipped with a solvent reclaimer, or (iii)
more than
5,500 | 10 |
| gallons but not more than 6,000 gallons annually of | 11 |
| hydrocarbon-based
drycleaning solvents in a drycleaning | 12 |
| machine without a solvent
reclaimer.
| 13 |
| (13) $1,500 for a facility that uses (i) more than 600 | 14 |
| gallons of
chlorine-based or green drycleaning solvents | 15 |
| annually, (ii) more than 3,000
gallons but not more than | 16 |
| 3,250 gallons annually of hydrocarbon-based solvents
in a | 17 |
| drycleaning
machine equipped with a solvent reclaimer, or | 18 |
| (iii) more than 6,000 gallons of
hydrocarbon-based | 19 |
| drycleaning solvents annually in a drycleaning machine
| 20 |
| equipped without a solvent reclaimer.
| 21 |
| (14) $1,500 for a facility that uses more than 3,250 | 22 |
| 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) $1,500 for a facility that uses more than 3,500 | 26 |
| gallons but not more
than 3,750 gallons annually of |
|
|
|
HB2491 Enrolled |
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LRB096 10484 JDS 20656 b |
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| 1 |
| hydrocarbon-based solvents used in a drycleaning
machine | 2 |
| equipped with a solvent reclaimer.
| 3 |
| (16) $1,500 for a facility that uses more than 3,750 | 4 |
| 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) $1,500 for a facility that uses more than 4,000 | 8 |
| 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 used in the | 19 |
| preceding 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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|
|
HB2491 Enrolled |
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LRB096 10484 JDS 20656 b |
|
| 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 Council with the | 10 |
| license fee in the form of
cash or guaranteed remittance to the | 11 |
| Department of Revenue.
The license fee payment form and the | 12 |
| actual license fee payment shall be
administered by the | 13 |
| Department of Revenue under rules adopted by that
Department.
| 14 |
| (f) The Department of Revenue shall issue a proof of | 15 |
| payment receipt to
each operator of a drycleaning facility who | 16 |
| has paid the appropriate fee in
cash or by guaranteed | 17 |
| remittance. However, the Department of Revenue shall not
issue | 18 |
| a proof of payment receipt to a drycleaning facility that is | 19 |
| liable to
the Department of Revenue for a tax imposed under | 20 |
| this Act. The original
receipt shall be presented to the | 21 |
| Council by the operator of a drycleaning
facility.
| 22 |
| (g) (Blank). An operator of a dry cleaning facility who is | 23 |
| required to pay a license
fee under this Act and fails to pay | 24 |
| the license fee when the fee is due may be assessed a penalty | 25 |
| of $5 for each day after the license fee is due
and until the | 26 |
| license fee is paid. The penalty shall be effective for license
|
|
|
|
HB2491 Enrolled |
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LRB096 10484 JDS 20656 b |
|
| 1 |
| fees due on or after July 1, 1999.
| 2 |
| (h) The Council and the Department of Revenue may adopt | 3 |
| rules as necessary
to administer the licensing
requirements of | 4 |
| this Act.
| 5 |
| (Source: P.A. 93-201, eff. 1-1-04.)
| 6 |
| (415 ILCS 135/65)
| 7 |
| (Section scheduled to be repealed on January 1, 2020)
| 8 |
| Sec. 65. Drycleaning solvent tax.
| 9 |
| (a) On and after January 1, 1998, a tax is imposed upon
the | 10 |
| use of drycleaning solvent by a person engaged in the business | 11 |
| of operating
a drycleaning facility in this State at the rate | 12 |
| of $3.50 per gallon of
perchloroethylene or other chlorinated | 13 |
| drycleaning solvents used in
drycleaning operations, $0.35 per | 14 |
| gallon of
petroleum-based drycleaning solvent, and $1.75 per | 15 |
| gallon of green solvents,
unless the green solvent is used at a | 16 |
| virgin facility, in which case the rate
is $0.35 per gallon. | 17 |
| The Council
shall determine by rule which products are
| 18 |
| chlorine-based solvents, which products are petroleum-based
| 19 |
| solvents, and which products are green solvents. All | 20 |
| drycleaning solvents
shall be considered
chlorinated solvents | 21 |
| unless the Council determines
that the solvents are | 22 |
| petroleum-based drycleaning solvents or green
solvents.
| 23 |
| (b) The tax imposed by this Act shall be collected from the | 24 |
| purchaser at
the time of sale by a seller of drycleaning | 25 |
| solvents maintaining a place of
business in this State and |
|
|
|
HB2491 Enrolled |
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LRB096 10484 JDS 20656 b |
|
| 1 |
| shall be remitted to the Department of Revenue under
the
| 2 |
| provisions of this Act.
| 3 |
| (c) The tax imposed by this Act that is not collected by a | 4 |
| seller of
drycleaning solvents shall be paid directly to the | 5 |
| Department of Revenue by the
purchaser or end user who is | 6 |
| subject to the tax imposed by this Act.
| 7 |
| (d) No tax shall be imposed upon the use of drycleaning | 8 |
| solvent if the
drycleaning solvent will not be used in a | 9 |
| drycleaning facility or if a floor
stock
tax has been imposed | 10 |
| and paid on the drycleaning solvent. Prior to the
purchase of | 11 |
| the solvent, the purchaser shall provide a written and signed
| 12 |
| certificate to the drycleaning solvent seller stating:
| 13 |
| (1) the name and address of the purchaser;
| 14 |
| (2) the purchaser's signature and date of signing; and
| 15 |
| (3) one of the following:
| 16 |
| (A) that the drycleaning solvent will not be used | 17 |
| in a drycleaning
facility; or
| 18 |
| (B) that a floor stock tax has been imposed and | 19 |
| paid on the drycleaning
solvent.
| 20 |
| A person who provides a false certification under this | 21 |
| subsection shall be
liable for a
civil penalty not to exceed | 22 |
| $500 for a first violation and a civil penalty not
to exceed | 23 |
| $5,000 for a second or subsequent violation.
| 24 |
| (e) On January 1, 1998, there is imposed on each operator | 25 |
| of a
drycleaning facility a tax on drycleaning
solvent held by | 26 |
| the operator on that date for use in
a drycleaning facility.
|
|
|
|
HB2491 Enrolled |
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LRB096 10484 JDS 20656 b |
|
| 1 |
| The tax imposed shall be
the tax that would have been imposed | 2 |
| under
subsection (a)
if the drycleaning solvent held by the | 3 |
| operator on that date had been
purchased
by the operator during
| 4 |
| the first year of this Act.
| 5 |
| (f) On or before the 25th day of the 1st month following | 6 |
| the end of the
calendar quarter, a seller of drycleaning | 7 |
| solvents who has collected a tax
pursuant to this Section | 8 |
| during the previous calendar quarter, or a purchaser
or end | 9 |
| user of
drycleaning solvents required under subsection (c) to | 10 |
| submit the tax directly
to the Department, shall file a return
| 11 |
| with the Department of Revenue. The return shall be filed on a | 12 |
| form prescribed
by the Department of Revenue and shall contain | 13 |
| information that the Department
of
Revenue reasonably | 14 |
| requires, but at a minimum will require the reporting of
the | 15 |
| volume of
drycleaning solvent sold to each licensed drycleaner. | 16 |
| The Department of Revenue
shall report quarterly to the Council | 17 |
| the volume of drycleaning solvent
purchased for the quarter by | 18 |
| each licensed drycleaner. Each seller of
drycleaning solvent | 19 |
| maintaining a
place of business in this State who is required | 20 |
| or authorized to collect the
tax imposed by this Act shall pay | 21 |
| to the Department the amount of the tax at
the time when he or | 22 |
| she is required to file his or her return for the period
during | 23 |
| which the tax was collected. Purchasers or end users remitting | 24 |
| the tax
directly to
the Department under subsection (c) shall | 25 |
| file a return with
the Department of Revenue and pay the tax so | 26 |
| incurred by the purchaser or end
user during
the preceding |
|
|
|
HB2491 Enrolled |
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LRB096 10484 JDS 20656 b |
|
| 1 |
| calendar quarter. | 2 |
| Except as provided in this Section, the seller of | 3 |
| drycleaning solvents filing the return under this Section | 4 |
| shall, at the time of filing the return, pay to the Department | 5 |
| the amount of tax imposed by this Act less a discount of 1.75%, | 6 |
| or $5 per calendar year, whichever is greater. Failure to | 7 |
| timely file the returns and provide to the Department the data | 8 |
| requested under this Act will result in disallowance of the | 9 |
| reimbursement discount.
| 10 |
| (g) The tax on drycleaning solvents
used in drycleaning | 11 |
| facilities and the floor stock tax shall be administered by
| 12 |
| Department of Revenue
under rules adopted by that Department.
| 13 |
| (h) On and after January 1, 1998, no person shall knowingly | 14 |
| sell or transfer
drycleaning solvent to an operator of a | 15 |
| drycleaning facility that is not
licensed by the Council under | 16 |
| Section 60. A person who violates this subsection
is liable for | 17 |
| a civil penalty not to exceed $500 for a first violation and a
| 18 |
| civil penalty not to exceed $5,000 for a second or subsequent | 19 |
| violation.
| 20 |
| (i) The Department of Revenue may adopt rules
as necessary | 21 |
| to implement this Section.
| 22 |
| (Source: P.A. 93-201, eff. 1-1-04.)
| 23 |
| (415 ILCS 135/69 new) | 24 |
| Sec. 69. Civil penalties. | 25 |
| (a) Except as provided in this Section, any person who |
|
|
|
HB2491 Enrolled |
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LRB096 10484 JDS 20656 b |
|
| 1 |
| violates any provision
of this Act or any regulation adopted by | 2 |
| the Council, or any license or registration or term or | 3 |
| condition thereof, or that violates any order of the Council | 4 |
| under this Act, shall be liable for a civil penalty as provided | 5 |
| in this Section. The penalties may, upon order of the Council | 6 |
| or a court of competent jurisdiction, be made payable to the | 7 |
| Drycleaner Environmental Response Trust Fund, to be used in | 8 |
| accordance with the provisions of the Drycleaner Environmental | 9 |
| Response Trust Fund Act. | 10 |
| (b) Notwithstanding the provisions of subsection (a) of | 11 |
| this Section: | 12 |
| (1) Any person who violates Section 60(a) of this Act | 13 |
| by failing to pay the license fee when due, may be assessed | 14 |
| a civil penalty of $5 per day for each day after the | 15 |
| license fee is due until the license fee is paid. The | 16 |
| penalty shall be effective for license fees due on or after | 17 |
| July 1, 1999. | 18 |
| (2) Any person who violates Section 65(d) or 65(h) of | 19 |
| this Act shall be liable for a civil penalty not to exceed | 20 |
| $500 for the first violation and a civil penalty not to | 21 |
| exceed $5,000 for a second or subsequent violation. | 22 |
| (3) Any person who violates Section 67 of this Act | 23 |
| shall be liable for a civil penalty not to exceed $100 per | 24 |
| day for each day the person is not registered to sell | 25 |
| drycleaning solvents. | 26 |
| (c) The Council shall issue an administrative assessment |
|
|
|
HB2491 Enrolled |
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LRB096 10484 JDS 20656 b |
|
| 1 |
| setting forth any penalties it imposes under subsection (b) of | 2 |
| this Section and shall serve notice of the assessment upon the | 3 |
| party assessed. The Council's determination shall be
deemed | 4 |
| correct and shall serve as evidence of the correctness of the | 5 |
| Council's determination that a penalty is due. Proof of a | 6 |
| determination by the Council may be made at any administrative | 7 |
| hearing or in any legal proceeding by a reproduced copy or | 8 |
| computer print-out of the Council's record relating thereto in | 9 |
| the name of the Council under the certificate of the Council. | 10 |
| If reproduced copies of the Council's records are offered | 11 |
| as proof of a penalty assessment, the Council must certify that | 12 |
| those copies are true and exact copies of records on file with | 13 |
| the Council. If computer print-outs of the Council's records | 14 |
| are offered as proof of a determination, the Council Chairman | 15 |
| must certify that those computer print-outs are true and exact | 16 |
| representations of records properly entered into standard | 17 |
| electronic computing equipment, in the regular course of the | 18 |
| Council's business, at or reasonably near the time of the | 19 |
| occurrence of the facts recorded, from trustworthy and reliable | 20 |
| information. A certified reproduced copy or certified computer | 21 |
| print-out shall, without further proof, be admitted into | 22 |
| evidence in any administrative or legal proceeding and is prima | 23 |
| facie proof of the correctness of the Council's determination. | 24 |
| Whenever notice is required by this Section, the notice may | 25 |
| be given by United States registered or certified mail, | 26 |
| addressed to the person concerned at his last known address, |
|
|
|
HB2491 Enrolled |
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LRB096 10484 JDS 20656 b |
|
| 1 |
| and proof of mailing shall be sufficient for the purposes of | 2 |
| this Act. Notice of any hearing provided for by this Act shall | 3 |
| be given not less than 7 days before the day fixed for the | 4 |
| hearing. Following the initial contact of a person represented | 5 |
| by an attorney, the Council shall not contact that person but | 6 |
| shall only contact the attorney representing that person. | 7 |
| (d) The penalties provided for in this Section may be | 8 |
| recovered in a civil action instituted by the Attorney General | 9 |
| in the name of the people of the State of Illinois. | 10 |
| (e) The Attorney General may also, at the request of the | 11 |
| Council or on his or her own motion, institute a civil action | 12 |
| for an injunction, prohibitory or mandatory, to restrain | 13 |
| violations of this Act, any rule or regulation adopted under | 14 |
| this Act, any license or registration or term or condition of a | 15 |
| license or registration, or any Council order, or to require | 16 |
| other actions as may be necessary to address violations | 17 |
| thereof. | 18 |
| (f) Without limiting any other authority which may exist | 19 |
| for the awarding of attorney's fees and costs, the Council, or | 20 |
| a court of competent jurisdiction, may award costs and | 21 |
| reasonable attorney's fees, including the reasonable costs of | 22 |
| expert witnesses and consultants, to the Attorney General in a | 23 |
| case where the Attorney General has prevailed against a person | 24 |
| who has committed a willful, knowing, or repeated violation of | 25 |
| this Act, any rule or regulation adopted under
this Act, any | 26 |
| license or registration or term or condition of a license or |
|
|
|
HB2491 Enrolled |
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LRB096 10484 JDS 20656 b |
|
| 1 |
| registration, or any Council order. Any funds collected under | 2 |
| this subsection (f) in which the Attorney General has prevailed | 3 |
| shall be deposited in the Drycleaner Environmental Response | 4 |
| Trust Fund created in Section 10 of this Act. | 5 |
| (g) All final orders imposing civil penalties under this | 6 |
| Section shall prescribe the time for payment of the penalties. | 7 |
| If any penalty is not paid within the time prescribed, interest | 8 |
| on the penalty shall be paid, at the rate set forth in Section | 9 |
| 3-2 of the Illinois Uniform Penalty and Interest Act, for the | 10 |
| period from the date payment is due until the date payment is | 11 |
| received. However, if the time for payment is stayed during the | 12 |
| pendency of an appeal, interest shall not accrue during the | 13 |
| stay.
|
|