Full Text of HB3840 97th General Assembly
HB3840enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning revenue.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Drycleaner Environmental Response Trust | 5 | | Fund Act is amended by changing Section 60 as follows:
| 6 | | (415 ILCS 135/60)
| 7 | | (Section scheduled to be repealed on January 1, 2020)
| 8 | | Sec. 60. Drycleaning facility license.
| 9 | | (a) On and after January 1, 1998, no person shall operate a | 10 | | drycleaning
facility in this State without a license issued by | 11 | | the Council.
| 12 | | (b) The Council shall issue an initial or renewal license | 13 | | to a drycleaning
facility on submission by an applicant of a | 14 | | completed form prescribed by the
Council, proof of payment of | 15 | | the required fee to the Department of Revenue, and, if the | 16 | | drycleaning facility has previously received or is currently | 17 | | receiving reimbursement for the costs of a remedial action, as | 18 | | defined in this Act, proof of compliance with subsection (j) of | 19 | | Section 40.
| 20 | | (c) On or after January 1, 2004, the annual fees for | 21 | | licensure are as
follows:
| 22 | | (1) $500 for a facility that uses (i) 50 gallons or
| 23 | | less of
chlorine-based or green drycleaning solvents |
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| 1 | | annually, (ii) 250 or less
gallons annually of | 2 | | hydrocarbon-based drycleaning solvents in a drycleaning
| 3 | | machine equipped with a solvent reclaimer, or (iii) 500 | 4 | | gallons
or less annually of hydrocarbon-based drycleaning | 5 | | solvents in a
drycleaning machine without a solvent | 6 | | reclaimer.
| 7 | | (2) $500 for a facility that uses (i)
more than 50 | 8 | | gallons but not more than 100
gallons of chlorine-based or | 9 | | green drycleaning solvents annually, (ii)
more than 250 | 10 | | gallons but not more 500 gallons annually of | 11 | | hydrocarbon-based
solvents in
a drycleaning machine | 12 | | equipped with a solvent reclaimer, or (iii) more
than 500 | 13 | | gallons but not more than 1,000 gallons
annually of | 14 | | hydrocarbon-based drycleaning solvents in a drycleaning
| 15 | | machine without a solvent reclaimer.
| 16 | | (3) $500 for a facility that uses (i) more than 100 | 17 | | gallons but not more than 150 gallons of chlorine-based
or | 18 | | green drycleaning solvents annually, (ii) more than 500 | 19 | | gallons but
not more than 750 gallons annually of | 20 | | hydrocarbon-based solvents in a
drycleaning machine | 21 | | equipped with a solvent reclaimer, or (iii) more than
1,000
| 22 | | gallons but not more than 1,500 gallons annually of
| 23 | | hydrocarbon-based drycleaning solvents in a drycleaning | 24 | | machine without a
solvent reclaimer.
| 25 | | (4) $1,000 for a facility that uses (i) more than 150 | 26 | | gallons but not
more than 200 gallons of chlorine-based or |
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| 1 | | green drycleaning solvents annually,
(ii) more than 750 | 2 | | gallons but not more than 1,000 gallons annually of
| 3 | | hydrocarbon-based solvents in a drycleaning machine | 4 | | equipped with a solvent
reclaimer, or (iii) more than
1,500 | 5 | | gallons but not more than 2,000 gallons annually of | 6 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 7 | | machine without a solvent
reclaimer.
| 8 | | (5) $1,000 for a facility that uses (i) more than 200 | 9 | | gallons but not more
than 250 gallons of chlorine-based or | 10 | | green drycleaning solvents annually, (ii)
more than 1,000 | 11 | | gallons but not more than 1,250 gallons annually of
| 12 | | hydrocarbon-based solvents in a drycleaning machine | 13 | | equipped with a solvent
reclaimer, or (iii) more than
2,000 | 14 | | gallons but not more than 2,500 gallons annually of | 15 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 16 | | machine without a solvent
reclaimer.
| 17 | | (6) $1,000 for a facility that uses (i) more than 250 | 18 | | gallons but not
more than
300 gallons of chlorine-based or | 19 | | green drycleaning solvents annually, (ii) more
than 1,250 | 20 | | gallons but not more than 1,500 gallons annually of
| 21 | | hydrocarbon-based solvents in a drycleaning machine | 22 | | equipped with a solvent
reclaimer, or (iii) more than 2,500 | 23 | | gallons but not more than 3,000 gallons
annually of | 24 | | hydrocarbon-based drycleaning solvents in a drycleaning | 25 | | machine
without
a solvent reclaimer.
| 26 | | (7) $1,000 for a facility that uses (i) more than 300 |
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| 1 | | gallons but not more
than
350 gallons of chlorine-based or | 2 | | green drycleaning solvents annually, (ii) more
than 1,500 | 3 | | gallons but not more than 1,750 gallons annually of
| 4 | | hydrocarbon-based
solvents in a drycleaning machine | 5 | | equipped with a solvent reclaimer, or (iii)
more than 3,000 | 6 | | gallons but not more than 3,500 gallons annually of
| 7 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 8 | | machine without a solvent
reclaimer.
| 9 | | (8) $1,500 for a facility that uses (i) more than 350 | 10 | | gallons but not more
than
400 gallons of chlorine-based or | 11 | | green drycleaning solvents annually, (ii) more
than 1,750 | 12 | | gallons but not more than 2,000 gallons annually of
| 13 | | hydrocarbon-based
solvents in a drycleaning machine | 14 | | equipped with a solvent reclaimer, or (iii)
more than 3,500 | 15 | | gallons but not more than 4,000 gallons annually of
| 16 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 17 | | machine without a solvent
reclaimer.
| 18 | | (9) $1,500 for a facility that uses (i) more than 400 | 19 | | gallons but not more
than 450 gallons of chlorine-based or | 20 | | green drycleaning solvents annually, (ii)
more than 2,000 | 21 | | gallons but not more than 2,250 gallons annually of
| 22 | | hydrocarbon-based
solvents in a drycleaning machine | 23 | | equipped with a solvent reclaimer, or (iii)
more
than
4,000 | 24 | | gallons but not more than 4,500 gallons annually of | 25 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 26 | | machine without a solvent
reclaimer.
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| 1 | | (10) $1,500 for a facility that uses (i) more than 450 | 2 | | gallons but not
more than 500
gallons of chlorine-based or | 3 | | green drycleaning solvents annually, (ii) more
than
2,250 | 4 | | gallons but not more than 2,500 gallons annually of | 5 | | hydrocarbon-based
solvents used in a drycleaning machine | 6 | | equipped with a solvent reclaimer, or
(iii) more
than 4,500 | 7 | | gallons but not more than 5,000 gallons annually of
| 8 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 9 | | machine without a solvent reclaimer.
| 10 | | (11) $1,500 for a facility that uses (i) more than 500 | 11 | | gallons but not
more than 550
gallons of chlorine-based or | 12 | | green drycleaning solvents annually, (ii) more
than
2,500 | 13 | | gallons but not more than 2,750 gallons annually of | 14 | | hydrocarbon-based
solvents in a drycleaning machine | 15 | | equipped with a solvent reclaimer, or (iii)
more than
5,000 | 16 | | gallons but not more than 5,500 gallons annually of | 17 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 18 | | machine without a solvent
reclaimer.
| 19 | | (12) $1,500 for a facility that uses (i) more than 550 | 20 | | gallons but not
more than 600
gallons of chlorine-based or | 21 | | green drycleaning solvents annually, (ii) more
than 2,750 | 22 | | gallons but not more than 3,000 gallons annually of
| 23 | | hydrocarbon-based
solvents in a drycleaning machine | 24 | | equipped with a solvent reclaimer, or (iii)
more than
5,500 | 25 | | gallons but not more than 6,000 gallons annually of | 26 | | hydrocarbon-based
drycleaning solvents in a drycleaning |
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| 1 | | machine without a solvent
reclaimer.
| 2 | | (13) $1,500 for a facility that uses (i) more than 600 | 3 | | gallons of
chlorine-based or green drycleaning solvents | 4 | | annually, (ii) more than 3,000
gallons but not more than | 5 | | 3,250 gallons annually of hydrocarbon-based solvents
in a | 6 | | drycleaning
machine equipped with a solvent reclaimer, or | 7 | | (iii) more than 6,000 gallons of
hydrocarbon-based | 8 | | drycleaning solvents annually in a drycleaning machine
| 9 | | equipped without a solvent reclaimer.
| 10 | | (14) $1,500 for a facility that uses more than 3,250 | 11 | | gallons but not more
than 3,500 gallons annually of | 12 | | hydrocarbon-based solvents in a drycleaning
machine | 13 | | equipped with a solvent reclaimer.
| 14 | | (15) $1,500 for a facility that uses more than 3,500 | 15 | | gallons but not more
than 3,750 gallons annually of | 16 | | hydrocarbon-based solvents used in a drycleaning
machine | 17 | | equipped with a solvent reclaimer.
| 18 | | (16) $1,500 for a facility that uses more than 3,750 | 19 | | gallons but not more
than 4,000 gallons annually of | 20 | | hydrocarbon-based solvents in a drycleaning
machine | 21 | | equipped with a solvent reclaimer.
| 22 | | (17) $1,500 for a facility that uses more than 4,000 | 23 | | gallons annually of
hydrocarbon-based solvents in a | 24 | | drycleaning machine equipped with a solvent
reclaimer.
| 25 | | For purpose of this subsection, the quantity of drycleaning | 26 | | solvents
used annually shall be determined as follows:
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| 1 | | (1) in the case of an initial applicant, the quantity | 2 | | of drycleaning
solvents that the applicant estimates will | 3 | | be used during his or her initial
license year. A fee | 4 | | assessed under this subdivision is subject to audited
| 5 | | adjustment for that year; or
| 6 | | (2) in the case of a renewal applicant, the quantity of | 7 | | drycleaning
solvents actually purchased in the preceding | 8 | | license year.
| 9 | | The Council may adjust licensing fees annually based on the | 10 | | published
Consumer Price Index - All Urban Consumers ("CPI-U") | 11 | | or as otherwise determined
by the Council.
| 12 | | (d) A license issued under this Section shall expire one | 13 | | year after the date
of issuance and may be renewed on | 14 | | reapplication to the Council and submission
of proof of payment | 15 | | of the appropriate fee to the Department of Revenue in
| 16 | | accordance with subsections (c) and (e). At least 30 days | 17 | | before payment of a
renewal licensing fee is due, the Council | 18 | | shall attempt to:
| 19 | | (1) notify the operator of each licensed drycleaning
| 20 | | facility concerning the requirements of this Section;
and
| 21 | | (2) submit a license fee payment form to the licensed
| 22 | | operator of each drycleaning facility.
| 23 | | (e) An operator of a drycleaning facility shall submit the | 24 | | appropriate
application form provided by the Council with the | 25 | | license fee in the form of
cash, credit card, business check, | 26 | | or guaranteed remittance , or credit card to the Department of |
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| 1 | | Revenue.
The Department may accept payment of the license fee | 2 | | under this Section by credit card only if the Department is not | 3 | | required to pay a discount fee charged by the credit card | 4 | | issuer. The license fee payment form and the actual license fee | 5 | | payment shall be
administered by the Department of Revenue | 6 | | under rules adopted by that
Department.
| 7 | | (f) The Department of Revenue shall issue a proof of | 8 | | payment receipt to
each operator of a drycleaning facility who | 9 | | has paid the appropriate fee in
cash or by guaranteed | 10 | | remittance, or credit card, or business check. However, the | 11 | | Department of Revenue shall not
issue a proof of payment | 12 | | receipt to a drycleaning facility that is liable to
the | 13 | | Department of Revenue for a tax imposed under this Act. The | 14 | | original
receipt shall be presented to the Council by the | 15 | | operator of a drycleaning
facility.
| 16 | | (g) (Blank).
| 17 | | (h) The Council and the Department of Revenue may adopt | 18 | | rules as necessary
to administer the licensing
requirements of | 19 | | this Act.
| 20 | | (Source: P.A. 96-774, eff. 1-1-10; 97-332, eff. 8-12-11; | 21 | | 97-377, eff. 1-1-12; revised 10-4-11.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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