Full Text of SB0718 101st General Assembly
SB0718enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. "AN ACT concerning safety", Public Act 101-400, | 5 | | approved August 16, 2019, is amended by changing Section 99 as | 6 | | follows:
| 7 | | (P.A. 101-400, Sec. 99)
| 8 | | Sec. 99. Effective date. This Act takes effect on December | 9 | | 31, 2019, except that Sections 5, 10, and 20 take effect on | 10 | | July 1, 2020. | 11 | | (Source: P.A. 101-400, eff. 7-1-20.)
| 12 | | Section 10. The Drycleaner Environmental Response Trust | 13 | | Fund Act is amended by changing Sections 12, 31, and 45, as | 14 | | follows: | 15 | | (415 ILCS 135/12) | 16 | | (This Section may contain text from a Public Act with a | 17 | | delayed effective date ) | 18 | | Sec. 12. Transfer of Council functions to the Agency. | 19 | | (a) On July 1, 2020, the Council is abolished, and, except | 20 | | as otherwise provided in this Act Section , all powers, duties, | 21 | | rights, and responsibilities of the Council are transferred to |
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| 1 | | the Agency. On and after that date, all of the general powers | 2 | | necessary and convenient to implement and administer this Act | 3 | | are, except as otherwise provided in this Act Section , hereby | 4 | | vested in and may be exercised by the Agency, including, but | 5 | | not limited to, the powers described in Section 25 of this Act. | 6 | | (b) No later than June 30, 2020, the Administrator of the | 7 | | Fund shall prepare on behalf of the Council and deliver to the
| 8 | | Agency a report that lists: | 9 | | (1) the name, address, and telephone number of each | 10 | | claimant who timely filed an application for remedial | 11 | | action account benefits by June 30, 2005, and is eligible | 12 | | for reimbursement from the Fund under Section 40 of this | 13 | | Act for costs of remediation of a release of drycleaning | 14 | | solvents from a drycleaning facility; | 15 | | (2) the address of the drycleaning facility where the | 16 | | release occurred and the names, addresses, and telephone | 17 | | numbers of the owners and operators of the facility, as | 18 | | well as whether the drycleaning facility was an active or | 19 | | inactive drycleaning facility at the time that person | 20 | | applied for remedial action benefits under Section 40 of | 21 | | this Act; | 22 | | (3) the deductible that applies with respect to the | 23 | | release at the facility and the amount of the deductible | 24 | | that has been satisfied; | 25 | | (4) the total amount that has been reimbursed from the | 26 | | Fund for the release at the facility; |
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| 1 | | (5) costs approved for reimbursement from the Fund on | 2 | | or before June 30, 2020, but which have not been reimbursed | 3 | | from the Fund, for the release at the facility; | 4 | | (6) for each year during which insurance coverage was | 5 | | provided under this Act, the name, address, and telephone | 6 | | number of each person who obtained coverage and the names | 7 | | and addresses of the drycleaning facilities for which that | 8 | | person obtained coverage; | 9 | | (7) the sites for which site investigations required | 10 | | under subsection (d) of Section 45 have been deemed | 11 | | adequate by the Council; | 12 | | (8) the insurance claims under Section 45 of this Act | 13 | | that are pending; and | 14 | | (9) the appeals under this Act that are pending. | 15 | | (c) No later than June 30, 2020, all books, records, | 16 | | papers, documents, property (real and personal), contracts, | 17 | | causes of action, and pending business pertaining to the | 18 | | powers, duties, rights, and responsibilities transferred by | 19 | | Public Act 101-400 and this amendatory Act of the 101st General | 20 | | Assembly , including, but not limited to, material in electronic | 21 | | or magnetic format and necessary computer hardware and | 22 | | software, shall be transferred to the Agency, regardless of | 23 | | whether they are in the possession of the Council, an | 24 | | independent contractor who serves as Administrator of the Fund, | 25 | | or any other person. | 26 | | (d) At the direction of the Governor or on July 1, 2020, |
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| 1 | | whichever is earlier, all unexpended appropriations and | 2 | | balances and other funds available for use by the Council, as | 3 | | determined by the Director of the Governor's Office of | 4 | | Management and Budget, shall be transferred for use by the | 5 | | Agency in accordance with this Act, regardless of whether they | 6 | | are in the possession of the Council, an independent contractor | 7 | | who serves as Administrator of the Fund, or any other person. | 8 | | Unexpended balances so transferred shall be expended by the | 9 | | Agency only for the purpose for which the appropriations were | 10 | | originally made. | 11 | | (e) The transfer of powers, duties, rights, and | 12 | | responsibilities pursuant to Public Act 101-400 and this | 13 | | amendatory Act of the 101st General Assembly does not affect | 14 | | any act done, ratified, or canceled or any right
accruing or | 15 | | established or any action or proceeding had or commenced by the | 16 | | Council or the Administrator of the Fund before July 1, 2020; | 17 | | such actions may be prosecuted and continued by the Attorney | 18 | | 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 Public Act 101-400 and this | 24 | | amendatory Act of the 101st General Assembly to the Agency, the | 25 | | same shall be made, given, furnished, or served in the same | 26 | | manner to or upon the 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 . The , 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 | | those the transferred rules, as well as new rules, for carrying | 6 | | out, 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 | | (Source: P.A. 101-400, eff. 7-1-20.) |
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| 1 | | (415 ILCS 135/31) | 2 | | (This Section may contain text from a Public Act with a | 3 | | delayed effective date ) | 4 | | Sec. 31. Prohibition on renewal of contract with Fund | 5 | | Administrator. The On and after the effective date of this | 6 | | amendatory Act of the 101st General Assembly, the Council shall | 7 | | not enter into or renew any contract or agreement with a person | 8 | | to act as the Administrator of the Fund for a term that extends | 9 | | beyond June 30, 2020.
| 10 | | (Source: P.A. 101-400, eff. 7-1-20.)
| 11 | | (415 ILCS 135/45)
| 12 | | (Text of Section before amendment by P.A. 101-400 )
| 13 | | Sec. 45. Insurance account.
| 14 | | (a) The insurance account shall offer financial assurance | 15 | | for a qualified
owner
or operator of a drycleaning facility | 16 | | under the terms and conditions provided
for under this Section. | 17 | | Coverage may be provided to either the owner or the
operator of | 18 | | a drycleaning facility. The
Council is not required to resolve | 19 | | whether the owner or operator, or both,
are responsible for a | 20 | | release under the terms of an agreement between
the owner and | 21 | | operator.
| 22 | | (b) The source of funds for the insurance account shall be | 23 | | as follows:
| 24 | | (1) Moneys appropriated to the Council or moneys | 25 | | allocated to the
insurance
account by the Council according |
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| 1 | | to the Fund budget approved by the
Council.
| 2 | | (2) Moneys collected as an insurance premium, | 3 | | including service fees, if
any.
| 4 | | (3) Investment income attributed to the insurance | 5 | | account by the Council.
| 6 | | (c) An owner or operator may purchase
coverage of up to | 7 | | $500,000 per drycleaning facility subject to the terms and
| 8 | | conditions under this Section and those adopted by the Council. | 9 | | Coverage
shall be limited to remedial action costs associated | 10 | | with soil and
groundwater contamination resulting from a | 11 | | release of drycleaning solvent
at an insured drycleaning | 12 | | facility, including third-party liability for soil
and | 13 | | groundwater contamination. Coverage is not provided for a | 14 | | release
that occurred before the date of coverage.
| 15 | | (d) An
owner or operator, subject to underwriting | 16 | | requirements and terms
and conditions deemed necessary and | 17 | | convenient by the Council, may
purchase insurance coverage from | 18 | | the insurance account provided that
the drycleaning facility to | 19 | | be insured meets the following conditions:
| 20 | | (1) a site investigation designed to identify soil and
| 21 | | groundwater contamination resulting from the release
of a | 22 | | drycleaning solvent has been completed. The Council shall | 23 | | determine if the
site
investigation is adequate. This | 24 | | investigation must be completed by
June 30, 2006. For | 25 | | drycleaning facilities that
apply for insurance coverage | 26 | | after
June 30, 2006, the site investigation must be
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| 1 | | completed prior to
issuance of insurance coverage; and
| 2 | | (2) the drycleaning facility
is participating in and | 3 | | meets all requirements of a
drycleaning compliance program | 4 | | approved by the Council.
| 5 | | (e) The annual premium for insurance coverage shall be:
| 6 | | (1) For the year July 1, 1999 through June 30,
2000, | 7 | | $250
per drycleaning facility.
| 8 | | (2) For the year July 1, 2000 through
June 30, 2001, | 9 | | $375
per drycleaning facility.
| 10 | | (3) For the year July 1, 2001 through
June 30, 2002, | 11 | | $500
per drycleaning facility.
| 12 | | (4) For the year July 1, 2002 through
June 30, 2003, | 13 | | $625
per drycleaning facility.
| 14 | | (5) For subsequent years, an owner or operator applying | 15 | | for
coverage shall pay an annual actuarially-sound | 16 | | insurance premium
for coverage by the insurance account. | 17 | | The Council may approve
Fund coverage through the payment | 18 | | of a premium established on
an actuarially-sound basis, | 19 | | taking into consideration the risk to the
insurance account | 20 | | presented by the insured.
Risk factor adjustments utilized | 21 | | to determine actuarially-sound
insurance premiums should | 22 | | reflect the range of risk presented by
the variety of | 23 | | drycleaning systems, monitoring systems, drycleaning
| 24 | | volume, risk management practices, and other factors as
| 25 | | determined by the Council. As used in this item, | 26 | | "actuarially sound" is not
limited to Fund premium revenue |
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| 1 | | equaling or exceeding Fund
expenditures for the general | 2 | | drycleaning facility population.
Actuarially-determined | 3 | | premiums shall be published at least 180
days prior to the | 4 | | premiums becoming effective.
| 5 | | (e-5) If an insurer sends a second notice to an owner or | 6 | | operator demanding immediate payment of a past-due premium for | 7 | | insurance services provided pursuant to this Act, the demand | 8 | | for payment must offer a grace period of not less than 30 days | 9 | | during which the owner or operator shall be allowed to pay any | 10 | | premiums due. If payment is made during that period, coverage | 11 | | under this Act shall not be terminated for non-payment by the | 12 | | insurer. | 13 | | (e-6) If an insurer terminates an owner or operator's | 14 | | coverage under this Act, the insurer must send a written notice | 15 | | to the owner or operator to inform him or her of the | 16 | | termination of that coverage, and that notice must include | 17 | | instructions on how to seek reinstatement of coverage, as well | 18 | | as information concerning any premiums or penalties that might | 19 | | be due. | 20 | | (f) If coverage is purchased for any part of a year, the | 21 | | purchaser shall pay
the full annual premium. The insurance | 22 | | premium is fully earned upon issuance
of the insurance policy.
| 23 | | (g) The insurance coverage shall be provided with a
$10,000 | 24 | | deductible policy.
| 25 | | (h) A future repeal of this Section shall not terminate
the
| 26 | | obligations under this Section or authority necessary to |
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| 1 | | administer the
obligations until the obligations are | 2 | | satisfied, including but not limited to
the payment of claims | 3 | | filed prior
to the effective date of any future repeal against | 4 | | the insurance account until
moneys in the account are | 5 | | exhausted. Upon exhaustion of the
moneys in the account, any | 6 | | remaining claims shall be invalid. If moneys remain
in the | 7 | | account following
satisfaction of the obligations under this | 8 | | Section,
the remaining moneys and moneys due the account shall | 9 | | be
used to assist current insureds to obtain a viable insuring | 10 | | mechanism as
determined by the Council after public notice and | 11 | | opportunity for
comment.
| 12 | | (Source: P.A. 98-327, eff. 8-13-13.)
| 13 | | (Text of Section after amendment by P.A. 101-400 )
| 14 | | Sec. 45. Insurance account.
| 15 | | (a) The insurance account shall offer financial assurance | 16 | | for a qualified
owner
or operator of a drycleaning facility | 17 | | under the terms and conditions provided
for under this Section. | 18 | | Coverage may be provided to either the owner or the
operator of | 19 | | a drycleaning facility. Neither the Agency nor the
Council is | 20 | | required to resolve whether the owner or operator, or both,
are | 21 | | responsible for a release under the terms of an agreement | 22 | | between
the owner and operator.
| 23 | | (b) The source of funds for the insurance account shall be | 24 | | as follows:
| 25 | | (1) moneys allocated to the
insurance
account;
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| 1 | | (2) moneys collected as an insurance premium, | 2 | | including service fees, if
any; and
| 3 | | (3) investment income attributed to the insurance | 4 | | account.
| 5 | | (c) An owner or operator may purchase
coverage of up to | 6 | | $500,000 per drycleaning facility subject to the terms and
| 7 | | conditions under this Section and those adopted by the Council | 8 | | before July 1, 2020 or by the Board on or after that date. | 9 | | Coverage
shall be limited to remedial action costs associated | 10 | | with soil and
groundwater contamination resulting from a | 11 | | release of drycleaning solvent
at an insured drycleaning | 12 | | facility, including third-party liability for soil
and | 13 | | groundwater contamination. Coverage is not provided for a | 14 | | release
that occurred before the date of coverage.
| 15 | | (d) An
owner or operator, subject to underwriting | 16 | | requirements and terms
and conditions deemed necessary and | 17 | | convenient by the Council for periods before July 1, 2020 and | 18 | | subject to terms and conditions deemed necessary and convenient | 19 | | by the Board for periods on or after that date, may
purchase | 20 | | insurance coverage from the insurance account provided that:
| 21 | | (1) a site investigation designed to identify soil and
| 22 | | groundwater contamination resulting from the release
of a | 23 | | drycleaning solvent has been completed for the drycleaning | 24 | | facility to be insured and the site investigation has been | 25 | | found adequate by the Council before July 1, 2020 or by the | 26 | | Agency on or after that date; and
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| 1 | | (2) the drycleaning facility
is participating in and | 2 | | meets all
drycleaning compliance program requirements | 3 | | adopted by the Board pursuant Section 12 of this Act; the | 4 | | Drycleaner Environmental Response Trust Fund Act.
| 5 | | (3) the drycleaning facility to be insured is licensed | 6 | | under Section 60 of this Act and all fees due under that | 7 | | Section have been paid; | 8 | | (4) the owner or operator of the drycleaning facility | 9 | | to be insured provides proof to the Agency or Council that: | 10 | | (A) all drycleaning solvent wastes generated at | 11 | | the facility are managed in accordance with applicable | 12 | | State waste management laws and rules; | 13 | | (B) there is no discharge of wastewater from | 14 | | drycleaning machines, or of drycleaning solvent from | 15 | | drycleaning operations, to a sanitary sewer or septic | 16 | | tank, to the surface, or in groundwater; | 17 | | (C) the facility has a containment dike or other | 18 | | containment structure around each machine, item of | 19 | | equipment, drycleaning area, and portable waste | 20 | | container in which any drycleaning solvent is | 21 | | utilized, that is capable of containing leaks, spills, | 22 | | or releases of drycleaning solvent from that machine, | 23 | | item, area, or container, including: (i) 100% of the | 24 | | drycleaning solvent in the largest tank or vessel; (ii) | 25 | | 100% of the drycleaning solvent of each item of | 26 | | drycleaning equipment; and (iii) 100% of the |
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| 1 | | drycleaning solvent of the largest portable waste | 2 | | container or at least 10% of the total volume of the | 3 | | portable waste containers stored within the | 4 | | containment dike or structure, whichever is greater; | 5 | | (D) those portions of diked floor surfaces at the | 6 | | facility on which a drycleaning solvent may leak, | 7 | | spill, or otherwise be released are sealed or otherwise | 8 | | rendered impervious; | 9 | | (E) all drycleaning solvent is delivered to the | 10 | | facility by means of closed, direct-coupled delivery | 11 | | systems; and | 12 | | (F) the drycleaning facility is in compliance with | 13 | | paragraph (2) of subsection (d) of this Section; and | 14 | | (5) the owner or operator of the drycleaning facility | 15 | | to be insured has paid all insurance premiums for insurance | 16 | | coverage provided under this Section. | 17 | | Petroleum underground storage tank systems that are in | 18 | | compliance with applicable USEPA and State Fire Marshal | 19 | | rules, including, but not limited to, leak detection system | 20 | | rules, are exempt from the secondary containment | 21 | | requirement in subparagraph (C) of paragraph (3) of this | 22 | | subsection (d). | 23 | | (e) The annual premium for insurance coverage shall be:
| 24 | | (1) For the year July 1, 1999 through June 30,
2000, | 25 | | $250
per drycleaning facility.
| 26 | | (2) For the year July 1, 2000 through
June 30, 2001, |
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| 1 | | $375
per drycleaning facility.
| 2 | | (3) For the year July 1, 2001 through
June 30, 2002, | 3 | | $500
per drycleaning facility.
| 4 | | (4) For the year July 1, 2002 through
June 30, 2003, | 5 | | $625
per drycleaning facility.
| 6 | | (5) For each subsequent program year through the | 7 | | program year ending June 30, 2019 For subsequent years , an | 8 | | owner or operator applying for
coverage shall pay an annual | 9 | | actuarially-sound insurance premium
for coverage by the | 10 | | insurance account. The Council may approve
Fund coverage | 11 | | through the payment of a premium established on
an | 12 | | actuarially-sound basis, taking into consideration the | 13 | | risk to the
insurance account presented by the insured.
| 14 | | Risk factor adjustments utilized to determine | 15 | | actuarially-sound
insurance premiums should reflect the | 16 | | range of risk presented by
the variety of drycleaning | 17 | | systems, monitoring systems, drycleaning
volume, risk | 18 | | management practices, and other factors as
determined by | 19 | | the Council. As used in this item, "actuarially sound" is | 20 | | not
limited to Fund premium revenue equaling or exceeding | 21 | | Fund
expenditures for the general drycleaning facility | 22 | | population.
Actuarially-determined premiums shall be | 23 | | published at least 180
days prior to the premiums becoming | 24 | | effective.
| 25 | | (6) For the year July 1, 2020 through June 30, 2021, | 26 | | and for subsequent years through June 30, 2029, $1,500 per |
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| 1 | | drycleaning facility per year. | 2 | | (7) For July 1, 2029 through January 1, 2030, $750 per | 3 | | drycleaning facility. | 4 | | (e-5) (Blank). | 5 | | (e-6) (Blank). | 6 | | (f) If coverage is purchased for any part of a year, the | 7 | | purchaser shall pay
the full annual premium. Until July 1, | 8 | | 2020, the The insurance premium is fully earned upon issuance
| 9 | | of the insurance policy. Beginning July 1, 2020, coverage first | 10 | | commences for a purchaser only after payment of the full annual | 11 | | premium due for the applicable program year.
| 12 | | (g) Any insurance coverage provided under this Section | 13 | | shall be subject to a
$10,000 deductible.
| 14 | | (h) A future repeal of this Section shall not terminate
the
| 15 | | obligations under this Section or authority necessary to | 16 | | administer the
obligations until the obligations are | 17 | | satisfied, including but not limited to
the payment of claims | 18 | | filed prior
to the effective date of any future repeal against | 19 | | the insurance account until
moneys in the account are | 20 | | exhausted. Upon exhaustion of the
moneys in the account, any | 21 | | remaining claims shall be invalid. If moneys remain
in the | 22 | | account following
satisfaction of the obligations under this | 23 | | Section,
the remaining moneys and moneys due the account shall | 24 | | be deposited in the remedial action account.
| 25 | | (Source: P.A. 101-400, eff. 7-1-20.)
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| 1 | | Section 15. The Drycleaner Environmental Response Trust | 2 | | Fund Act is amended by changing Sections 5, 25, 40, and 60 as | 3 | | follows:
| 4 | | (415 ILCS 135/5)
| 5 | | (Text of Section before amendment by P.A. 101-400 )
| 6 | | Sec. 5. Definitions. As used in this Act:
| 7 | | (a) "Active drycleaning facility" means a drycleaning | 8 | | facility actively
engaged in drycleaning operations and | 9 | | licensed under Section 60 of this
Act.
| 10 | | (b) "Agency" means the Illinois Environmental Protection | 11 | | Agency.
| 12 | | (c) "Claimant" means an owner or operator of a drycleaning | 13 | | facility who has
applied for reimbursement from the remedial | 14 | | account or who has
submitted a claim under the insurance | 15 | | account with respect to a release.
| 16 | | (d) "Council" means the Drycleaner Environmental Response | 17 | | Trust Fund
Council.
| 18 | | (e) "Drycleaner Environmental Response Trust Fund" or | 19 | | "Fund" means the
fund created under Section 10 of this Act.
| 20 | | (f) "Drycleaning facility" means a facility located in this | 21 | | State that is
or has been engaged in drycleaning operations for | 22 | | the general public, other
than a:
| 23 | | (1) facility located on a United States military base;
| 24 | | (2) industrial laundry, commercial laundry, or linen | 25 | | supply facility;
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| 1 | | (3) prison
or other penal institution that engages in | 2 | | drycleaning only as part of
a Correctional Industries | 3 | | program to provide drycleaning to persons who are
| 4 | | incarcerated in a prison or penal institution or to | 5 | | resident patients of a
State-operated
mental health | 6 | | facility;
| 7 | | (4) not-for-profit hospital or other health care | 8 | | facility; or a
| 9 | | (5) facility located or formerly located on federal or | 10 | | State property.
| 11 | | (g) "Drycleaning operations" means drycleaning of apparel | 12 | | and household
fabrics for the general public, as described in | 13 | | Standard Industrial
Classification Industry No. 7215 and No. | 14 | | 7216 in the Standard Industrial
Classification Manual (SIC) by | 15 | | the Technical Committee on Industrial
Classification.
| 16 | | (h) "Drycleaning solvent" means any and all nonaqueous | 17 | | solvents, including
but not limited to a chlorine-based or | 18 | | petroleum-based formulation or
product, including green | 19 | | solvents, that are used as a primary
cleaning agent in | 20 | | drycleaning operations.
| 21 | | (i) "Emergency" or "emergency action" means a situation or | 22 | | an
immediate response to a situation to protect public health | 23 | | or safety.
"Emergency" or
"emergency action" does not mean | 24 | | removal of
contaminated soils, recovery of free product, or | 25 | | financial hardship. An
"emergency" or "emergency action" would | 26 | | normally be
expected to be directly related to a sudden event |
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| 1 | | or discovery and would
last until the threat to public health | 2 | | is mitigated.
| 3 | | (j) "Groundwater" means underground water that occurs | 4 | | within the saturated
zone and geologic materials where the | 5 | | fluid pressure in the pore space is equal
to or greater than | 6 | | the atmospheric pressure.
| 7 | | (k) "Inactive drycleaning facility" means a drycleaning | 8 | | facility that is not
being used for drycleaning operations and | 9 | | is not registered under this Act.
| 10 | | (l) "Maintaining a place of business in this State" or any | 11 | | like term means
(1) having or maintaining within this State, | 12 | | directly or through a subsidiary,
an
office, distribution | 13 | | facility, distribution house, sales house, warehouse, or
other | 14 | | place of business or (2) operating within this State as an | 15 | | agent or
representative for a person or a person's subsidiary | 16 | | engaged in the business
of selling to persons within this | 17 | | State, irrespective of whether the place of
business or agent | 18 | | or other representative is located in this State permanently
or | 19 | | temporary, or whether the person or the person's subsidiary | 20 | | engages in the
business of selling in this State.
| 21 | | (m) "No Further Remediation Letter" means a letter provided | 22 | | by the
Agency pursuant to Section 58.10 of Title XVII of the | 23 | | Environmental Protection
Act.
| 24 | | (n) "Operator" means a person or entity holding a business | 25 | | license to
operate a licensed drycleaning facility or the | 26 | | business operation of
which the drycleaning facility is a part.
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| 1 | | (o) "Owner" means (1)
a person who owns or has possession | 2 | | or control of a drycleaning facility at
the time a release is | 3 | | discovered,
regardless of whether
the facility remains in | 4 | | operation or (2)
a parent corporation of the person under item | 5 | | (1) of this subdivision.
| 6 | | (p) "Parent corporation" means a business entity or other | 7 | | business
arrangement that has elements of common ownership or | 8 | | control or that
uses a long-term contractual arrangement with a | 9 | | person to avoid direct
responsibility for conditions at a | 10 | | drycleaning facility.
| 11 | | (q) "Person" means an individual, trust, firm, joint stock | 12 | | company,
corporation, consortium, joint venture, or other | 13 | | commercial entity.
| 14 | | (r) "Program year" means the period beginning on
July 1 and | 15 | | ending on the
following June 30.
| 16 | | (s) "Release" means any spilling, leaking, emitting, | 17 | | discharging, escaping,
leaching, or dispersing of drycleaning | 18 | | solvents from a drycleaning facility
to groundwater, surface | 19 | | water, or subsurface soils.
| 20 | | (t) "Remedial action" means activities taken to comply with
| 21 | | Sections 58.6 and 58.7 of the Environmental Protection Act and
| 22 | | rules adopted by the Pollution Control Board under those | 23 | | Sections.
| 24 | | (u) "Responsible party" means an owner, operator, or other | 25 | | person
financially responsible for costs of remediation of a | 26 | | release of drycleaning
solvents
from a drycleaning facility.
|
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| 1 | | (v) "Service provider" means a consultant, testing | 2 | | laboratory, monitoring
well installer, soil boring contractor, | 3 | | other contractor, lender, or any other
person who provides a | 4 | | product or service for which a claim for reimbursement
has been | 5 | | or will be filed against the remedial account or insurance | 6 | | account, or
a subcontractor of such a person.
| 7 | | (w) "Virgin facility" means a drycleaning facility that has | 8 | | never had
chlorine-based or petroleum-based drycleaning | 9 | | solvents
stored or used at the property prior to it becoming a
| 10 | | green solvent drycleaning facility.
| 11 | | (Source: P.A. 93-201, eff. 1-1-04.)
| 12 | | (Text of Section after amendment by P.A. 101-400 )
| 13 | | Sec. 5. Definitions. As used in this Act:
| 14 | | "Active drycleaning facility" means a drycleaning facility | 15 | | actively
engaged in drycleaning operations and licensed under | 16 | | Section 60 of this
Act.
| 17 | | "Agency" means the Illinois Environmental Protection | 18 | | Agency.
| 19 | | "Board" means the Illinois Pollution Control Board. | 20 | | "Claimant" means an owner or operator of a drycleaning | 21 | | facility who has
applied for reimbursement from the remedial | 22 | | account or who has
submitted a claim under the insurance | 23 | | account with respect to a release.
| 24 | | "Council" means the Drycleaner Environmental Response | 25 | | Trust Fund
Council.
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| 1 | | "Drycleaner Environmental Response Trust Fund" or "Fund" | 2 | | means the
fund created under Section 10 of this Act.
| 3 | | "Drycleaning facility" means a facility located in this | 4 | | State that is
or has been engaged in drycleaning operations for | 5 | | the general public, other
than:
| 6 | | (1) a facility located on a United States military | 7 | | base;
| 8 | | (2) an industrial laundry, commercial laundry, or | 9 | | linen supply facility;
| 10 | | (3) a prison
or other penal institution that engages in | 11 | | drycleaning only as part of
a Correctional Industries | 12 | | program to provide drycleaning to persons who are
| 13 | | incarcerated in a prison or penal institution or to | 14 | | resident patients of a
State-operated
mental health | 15 | | facility;
| 16 | | (4) a not-for-profit hospital or other health care | 17 | | facility; or a
| 18 | | (5) a facility located or formerly located on federal | 19 | | or State property.
| 20 | | "Drycleaning operations" means drycleaning of apparel and | 21 | | household
fabrics for the general public, as described in | 22 | | Standard Industrial
Classification Industry No. 7215 and No. | 23 | | 7216 in the Standard Industrial
Classification Manual (SIC) by | 24 | | the Technical Committee on Industrial
Classification.
| 25 | | "Drycleaning solvent" means any and all nonaqueous | 26 | | solvents, including
but not limited to a chlorine-based or |
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| 1 | | petroleum-based formulation or
product, including green | 2 | | solvents, that are used as a primary
cleaning agent in | 3 | | drycleaning operations.
| 4 | | "Emergency" or "emergency action" means a situation or an
| 5 | | immediate response to a situation to protect public health or | 6 | | safety.
"Emergency" or
"emergency action" does not mean removal | 7 | | of
contaminated soils, recovery of free product, or financial | 8 | | hardship. An
"emergency" or "emergency action" would normally | 9 | | be
expected to be directly related to a sudden event or | 10 | | discovery and would
last until the threat to public health is | 11 | | mitigated.
| 12 | | "Groundwater" means underground water that occurs within | 13 | | the saturated
zone and geologic materials where the fluid | 14 | | pressure in the pore space is equal
to or greater than the | 15 | | atmospheric pressure.
| 16 | | "Inactive drycleaning facility" means a drycleaning | 17 | | facility that is not
being used for drycleaning operations and | 18 | | is not registered under this Act.
| 19 | | "Maintaining a place of business in this State" or any like | 20 | | term means
(1) having or maintaining within this State, | 21 | | directly or through a subsidiary,
an
office, distribution | 22 | | facility, distribution house, sales house, warehouse, or
other | 23 | | place of business or (2) operating within this State as an | 24 | | agent or
representative for a person or a person's subsidiary | 25 | | engaged in the business
of selling to persons within this | 26 | | State, irrespective of whether the place of
business or agent |
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| 1 | | or other representative is located in this State permanently
or | 2 | | temporary, or whether the person or the person's subsidiary | 3 | | engages in the
business of selling in this State.
| 4 | | "No Further Remediation Letter" means a letter provided by | 5 | | the
Agency pursuant to Section 58.10 of Title XVII of the | 6 | | Environmental Protection
Act.
| 7 | | "Operator" means a person or entity holding a business | 8 | | license to
operate a licensed drycleaning facility or the | 9 | | business operation of
which the drycleaning facility is a part.
| 10 | | "Owner" means (1)
a person who owns or has possession or | 11 | | control of a drycleaning facility at
the time a release is | 12 | | discovered,
regardless of whether
the facility remains in | 13 | | operation or (2)
a parent corporation of the person under item | 14 | | (1) of this subdivision.
| 15 | | "Parent corporation" means a business entity or other | 16 | | business
arrangement that has elements of common ownership or | 17 | | control or that
uses a long-term contractual arrangement with a | 18 | | person to avoid direct
responsibility for conditions at a | 19 | | drycleaning facility.
| 20 | | "Person" means an individual, trust, firm, joint stock | 21 | | company,
corporation, consortium, joint venture, or other | 22 | | commercial entity.
| 23 | | "Program year" means the period beginning on
July 1 and | 24 | | ending on the
following June 30.
| 25 | | "Release" means any spilling, leaking, emitting, | 26 | | discharging, escaping,
leaching, or dispersing of drycleaning |
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| 1 | | solvents from a drycleaning facility
to groundwater, surface | 2 | | water, or subsurface soils.
| 3 | | "Remedial action" means activities taken to comply with | 4 | | Title XVII
of the Environmental Protection Act and
rules | 5 | | adopted by the Board to administer that Title.
| 6 | | "Responsible party" means an owner, operator, or other | 7 | | person
financially responsible for costs of remediation of a | 8 | | release of drycleaning
solvents
from a drycleaning facility.
| 9 | | "Service provider" means a consultant, testing laboratory, | 10 | | monitoring
well installer, soil boring contractor, other | 11 | | contractor, lender, or any other
person who provides a product | 12 | | or service for which a claim for reimbursement
has been or will | 13 | | be filed against the Fund, or
a subcontractor of such a person.
| 14 | | "Virgin facility" means a drycleaning facility that has | 15 | | never had
chlorine-based or petroleum-based drycleaning | 16 | | solvents
stored or used at the property prior to it becoming a
| 17 | | green solvent drycleaning facility.
| 18 | | (Source: P.A. 101-400, eff. 7-1-20.)
| 19 | | (415 ILCS 135/25)
| 20 | | (Text of Section before amendment by P.A. 101-400 )
| 21 | | Sec. 25. Powers and duties of the Council.
| 22 | | (a) The Council shall have all of the general
powers | 23 | | reasonably necessary and convenient to carry out its purposes
| 24 | | and may perform the following functions, subject to any express
| 25 | | limitations contained
in
this Act:
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| 1 | | (1) Take actions and enter into agreements necessary to
| 2 | | reimburse claimants for eligible remedial action expenses, | 3 | | assist
the Agency to protect the environment from releases, | 4 | | reduce costs
associated with remedial actions, and | 5 | | establish and implement an
insurance program.
| 6 | | (2) Acquire and hold personal property to be used for | 7 | | the purpose of
remedial action.
| 8 | | (3) Purchase, construct, improve, furnish, equip, | 9 | | lease, option, sell,
exchange, or otherwise dispose of one | 10 | | or more improvements
under the terms it determines.
The | 11 | | Council may define "improvements" by rule for purposes of | 12 | | this Act.
| 13 | | (4) Grant a lien, pledge, assignment, or other | 14 | | encumbrance on one or
more revenues, assets of right, | 15 | | accounts, or funds established or
received in connection | 16 | | with the Fund, including revenues derived
from fees or | 17 | | taxes collected under this Act.
| 18 | | (5) Contract for the acquisition or construction of one | 19 | | or more
improvements or parts of one or more improvements | 20 | | or for the
leasing, subleasing, sale, or other disposition | 21 | | of one or more
improvements in a manner the Council | 22 | | determines.
| 23 | | (6) Cooperate with the Agency in the implementation and | 24 | | administration of
this Act to minimize unnecessary | 25 | | duplication of effort,
reporting, or paperwork and to | 26 | | maximize environmental protection
within the funding |
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| 1 | | limits of this Act.
| 2 | | (7) Except as otherwise provided by law, inspect any | 3 | | document in the
possession of an owner, operator,
service | 4 | | provider, or any other person if the document is relevant | 5 | | to
a claim for reimbursement under this Section or may | 6 | | inspect a
drycleaning facility for which a claim for | 7 | | benefits under this Act
has been submitted.
| 8 | | (b) The Council shall pre-approve, and the contracting | 9 | | parties shall seek
pre-approval for, a contract entered into | 10 | | under
this Act if the cost of the contract exceeds $75,000.
The
| 11 | | Council or its designee shall review and approve or disapprove
| 12 | | all contracts entered into under this Act. However, review by | 13 | | the Council or
its
designee shall not be required when an | 14 | | emergency situation exists.
All contracts entered into by the | 15 | | Council shall be awarded on a
competitive basis to the maximum | 16 | | extent practical. In those
situations where it is determined | 17 | | that bidding is not practical, the
basis for the determination | 18 | | of impracticability shall be documented
by the Council or its | 19 | | designee.
| 20 | | (c) The Council may prioritize the expenditure of funds | 21 | | from the
remedial action account whenever it determines that | 22 | | there are not
sufficient funds to settle all current claims. In | 23 | | prioritizing, the Council may
consider the
following:
| 24 | | (1) the degree to which human health is affected by the | 25 | | exposure
posed by the release;
| 26 | | (2) the reduction of risk to human health derived from
|
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| 1 | | remedial action compared to the cost of the remedial | 2 | | action;
| 3 | | (3) the present and planned uses of the impacted | 4 | | property; and
| 5 | | (4) other factors as determined by the Council.
| 6 | | (d) The Council shall adopt rules allowing the direct | 7 | | payment from
the Fund to a contractor who performs remediation. | 8 | | The rules concerning the
direct payment shall include a | 9 | | provision that any applicable deductible must be
paid by the | 10 | | drycleaning facility prior to any direct payment from the Fund.
| 11 | | (e) The Council may purchase reinsurance coverage to reduce | 12 | | the
Fund's potential liability for reimbursement of remedial | 13 | | action costs.
| 14 | | (Source: P.A. 93-201, eff. 1-1-04.)
| 15 | | (Text of Section after amendment by P.A. 101-400 )
| 16 | | Sec. 25. Powers and duties of the Agency and Board .
| 17 | | (a) The Agency shall have all of the general
powers | 18 | | reasonably necessary and convenient to carry out
this Act, | 19 | | including, but not limited to, the power to:
| 20 | | (1) Take actions and enter into agreements necessary | 21 | | to: | 22 | | (A)
reimburse claimants for eligible remedial | 23 | | action expenses; | 24 | | (B) protect the environment from releases for | 25 | | which claimants are eligible for reimbursement under |
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| 1 | | this Act by, among other things, performing | 2 | | investigative, remedial, or other appropriate actions | 3 | | in response to those releases; and | 4 | | (C) reduce costs
associated with remedial actions ; | 5 | | and . | 6 | | (D) pay eligible claims in accordance with | 7 | | coverage provided under Section 45 of this Act.
| 8 | | (2) Acquire and hold personal property to be used for | 9 | | the purpose of
remedial action.
| 10 | | (3) (Blank).
| 11 | | (4) (Blank).
| 12 | | (5) (Blank).
| 13 | | (6) (Blank).
| 14 | | (7) Except as otherwise provided by law, inspect any | 15 | | document in the
possession of an owner, operator,
service | 16 | | provider, or any other person if the document is relevant | 17 | | to
a claim for reimbursement under this Section or may | 18 | | inspect a
drycleaning facility for which a claim for | 19 | | benefits under this Act
has been submitted.
| 20 | | (b) (Blank).
| 21 | | (c) The Agency shall, in accordance with Board rules, | 22 | | prioritize the expenditure of funds from the
remedial action | 23 | | account whenever it determines that there are not
sufficient | 24 | | funds to settle all current claims. In prioritizing, the Agency | 25 | | shall
consider, among other things, the
following:
| 26 | | (1) the degree to which human health is affected by the |
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| 1 | | exposure
posed by the release;
| 2 | | (2) the reduction of risk to human health derived from
| 3 | | remedial action compared to the cost of the remedial | 4 | | action;
| 5 | | (3) the present and planned uses of the impacted | 6 | | property; | 7 | | (4) whether the claimant is currently licensed, | 8 | | insured, and has paid all fees and premiums due under this | 9 | | Act; and
| 10 | | (5) other factors as determined by the Board.
| 11 | | (d) The Board may adopt rules allowing the direct payment | 12 | | from
the Fund to a contractor who performs remediation. The | 13 | | rules concerning the
direct payment shall include a provision | 14 | | that any applicable deductible must be
paid by the drycleaning | 15 | | facility prior to any direct payment from the Fund.
| 16 | | (e) (Blank).
| 17 | | (f) The Agency may, in accordance with constitutional | 18 | | limitations, enter at all reasonable times upon any private or | 19 | | public property for the purpose of inspecting and investigating | 20 | | to ascertain possible violations of this Act, any rule adopted | 21 | | under this Act, or any order entered pursuant to this Act. | 22 | | (g) If the Agency becomes aware of a violation of this Act | 23 | | or any rule adopted under this Act, it may refer the matter to | 24 | | the Attorney General for enforcement. | 25 | | (h) In calendar years 2021 and 2022 and as deemed necessary | 26 | | by the Director of the Agency thereafter, the Agency shall |
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| 1 | | prepare a report on the status of the Fund and convene a public | 2 | | meeting for purposes of disseminating the information in the | 3 | | report and accepting questions from members of the public on | 4 | | its contents. The reports prepared by the Agency under this | 5 | | subsection shall, at a minimum, describe the current financial | 6 | | status of the Fund, identify administrative expenses incurred | 7 | | by the Agency in its administration of the Fund, identify | 8 | | amounts from the Fund that have been applied toward remedial | 9 | | action and insurance claims under the Act, and list the | 10 | | drycleaning facilities in the State eligible for reimbursement | 11 | | from the Fund that have completed remedial action. The Agency | 12 | | shall make available on its website an electronic copy of the | 13 | | reports required under this subsection. | 14 | | (Source: P.A. 101-400, eff. 7-1-20.)
| 15 | | (415 ILCS 135/40)
| 16 | | (Text of Section before amendment by P.A. 101-400 )
| 17 | | Sec. 40. Remedial action account.
| 18 | | (a) The remedial action account is established to provide | 19 | | reimbursement to
eligible
claimants for
drycleaning solvent | 20 | | investigation, remedial action planning, and
remedial action | 21 | | activities for existing drycleaning solvent contamination
| 22 | | discovered at their drycleaning facilities.
| 23 | | (b) The following persons are eligible for reimbursement | 24 | | from the remedial
action account:
| 25 | | (1) In the case of claimant who is the owner or |
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| 1 | | operator of an active
drycleaning
facility licensed by the | 2 | | Council under this Act at the time of application for
| 3 | | remedial action benefits afforded under
the Fund, the
| 4 | | claimant is only eligible for reimbursement of remedial
| 5 | | action costs incurred in connection with a release
from | 6 | | that drycleaning facility,
subject to any other | 7 | | limitations under this Act.
| 8 | | (2) In the case of a claimant who is the owner of an | 9 | | inactive drycleaning
facility and
was the owner or operator | 10 | | of the drycleaning facility when it was
an active | 11 | | drycleaning facility, the claimant is only eligible for
| 12 | | reimbursement of remedial action costs incurred in
| 13 | | connection with a release from the drycleaning facility,
| 14 | | subject to any other limitations under
this Act.
| 15 | | (c) An eligible claimant requesting reimbursement from the | 16 | | remedial action
account shall meet all of the following:
| 17 | | (1) The claimant demonstrates that the source of the | 18 | | release is from
the claimant's drycleaning facility.
| 19 | | (2) At the time the release was discovered by the | 20 | | claimant, the claimant
and the drycleaning facility were in | 21 | | compliance with the Agency reporting
and technical | 22 | | operating requirements.
| 23 | | (3) The claimant reported the release in a timely | 24 | | manner to
the Agency in accordance with State law.
| 25 | | (4) (Blank).
| 26 | | (5) If the claimant is the owner or operator of an |
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| 1 | | active drycleaning
facility, the claimant has provided to | 2 | | the Council proof of implementation and
maintenance of the | 3 | | following pollution prevention measures:
| 4 | | (A) That all drycleaning solvent wastes generated | 5 | | at a drycleaning
facility be managed in accordance with | 6 | | applicable State
waste management laws and rules.
| 7 | | (B) A prohibition on the discharge of wastewater | 8 | | from drycleaning
machines or of drycleaning solvent | 9 | | from drycleaning
operations to a sanitary sewer or | 10 | | septic tank or to the
surface or in groundwater.
| 11 | | (C) That every drycleaning facility:
| 12 | | (I) install a containment dike or other | 13 | | containment
structure around each machine, item of | 14 | | equipment, drycleaning area, and portable waste | 15 | | container in which
any
drycleaning solvent is | 16 | | utilized, which shall be capable
of containing | 17 | | leaks, spills, or releases of
drycleaning
solvent | 18 | | from that machine, item, area, or container. The | 19 | | containment
dike or other containment structure | 20 | | shall be capable of at least the following:
(i) | 21 | | containing a capacity of 110% of the drycleaning | 22 | | solvent in the largest
tank or vessel within the | 23 | | machine; (ii) containing 100% of the drycleaning
| 24 | | solvent of each item of equipment or drycleaning | 25 | | area; and (iii) containing
100% of the drycleaning | 26 | | solvent of the largest portable waste container or |
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| 1 | | at
least 10% of the total volume of the portable | 2 | | waste containers stored within
the containment | 3 | | dike or structure, whichever is greater.
| 4 | | Petroleum underground storage tank systems | 5 | | that are upgraded in
accordance with USEPA upgrade | 6 | | standards pursuant to 40 CFR Part 280 for the
tanks | 7 | | and
related piping systems and use a leak detection | 8 | | system approved by the USEPA or
IEPA are exempt | 9 | | from this secondary containment requirement; and
| 10 | | (II) seal or otherwise render impervious those | 11 | | portions of
diked floor surfaces on which a | 12 | | drycleaning
solvent may leak, spill, or otherwise | 13 | | be released.
| 14 | | (D) A requirement that all drycleaning solvent | 15 | | shall be delivered
to drycleaning facilities by means | 16 | | of closed, direct-coupled
delivery systems.
| 17 | | (6) An active drycleaning facility has maintained | 18 | | continuous financial
assurance for environmental liability | 19 | | coverage in the amount of at least
$500,000 at least since | 20 | | the date of award of benefits under this Section
or July 1, | 21 | | 2000, whichever is earlier.
An uninsured drycleaning | 22 | | facility that
has filed an application for insurance with | 23 | | the Fund by January 1, 2004,
obtained insurance through | 24 | | that application, and maintained that insurance
coverage | 25 | | continuously shall be considered to have conformed with the
| 26 | | requirements of this subdivision (6). To conform with this |
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| 1 | | requirement the
applicant must pay the equivalent of the | 2 | | total premiums due for the period
beginning June 30, 2000 | 3 | | through the date of application plus a 20% penalty of
the | 4 | | total premiums due for that period.
| 5 | | (7) The release was discovered on or after July
1, 1997 | 6 | | and before July 1, 2006.
| 7 | | (d) A claimant shall submit a completed application form
| 8 | | provided by the Council. The application shall contain | 9 | | documentation of
activities, plans, and expenditures | 10 | | associated with the eligible costs
incurred in response to a | 11 | | release of drycleaning solvent from a
drycleaning facility. | 12 | | Application for remedial action account benefits must be
| 13 | | submitted to the Council on or before June 30, 2005.
| 14 | | (e) Claimants shall be subject to the following deductible | 15 | | requirements,
unless modified pursuant to the Council's | 16 | | authority under
Section 75:
| 17 | | (1) An eligible claimant submitting a claim
for an | 18 | | active drycleaning facility is responsible for the first | 19 | | $5,000 of
eligible investigation costs and for the first | 20 | | $10,000 of eligible remedial
action costs incurred in | 21 | | connection with the release from the drycleaning
facility | 22 | | and is only eligible for reimbursement for costs that | 23 | | exceed
those amounts, subject to any other limitations of | 24 | | this Act.
| 25 | | (2) An eligible claimant submitting a
claim for an | 26 | | inactive drycleaning facility is responsible for the first |
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| 1 | | $10,000
of eligible investigation costs and for the first | 2 | | $10,000 of eligible remedial
action costs incurred in | 3 | | connection with the release from that drycleaning
| 4 | | facility, and is only eligible for reimbursement for costs | 5 | | that exceed
those amounts, subject to any other limitations | 6 | | of this Act.
| 7 | | (f) Claimants are subject to the following limitations on | 8 | | reimbursement:
| 9 | | (1) Subsequent to meeting the deductible requirements | 10 | | of
subsection (e), and pursuant to the requirements of | 11 | | Section 75,
reimbursement shall not exceed $300,000 per | 12 | | active drycleaning facility and
$50,000 per inactive | 13 | | drycleaning facility.
| 14 | | (2) A contract in which one of the parties to the | 15 | | contract is a claimant,
for goods or services that may be | 16 | | payable or reimbursable from
the Council, is void and | 17 | | unenforceable unless and until the Council has found
that | 18 | | the
contract terms are within the range of usual and | 19 | | customary rates
for similar or equivalent goods or services | 20 | | within this State and
has found that the goods or services | 21 | | are necessary for the claimant to
comply with Council | 22 | | standards or other applicable regulatory standards.
| 23 | | (3) A claimant may appoint the Council as an agent for | 24 | | the purposes of
negotiating contracts with suppliers of | 25 | | goods or services
reimbursable by the Fund. The Council may | 26 | | select another
contractor for goods or services other than |
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| 1 | | the one offered by the
claimant if the scope of the | 2 | | proposed work or actual work of the
claimant's offered | 3 | | contractor does not reflect the quality of workmanship
| 4 | | required or if the costs are determined to be excessive, as | 5 | | determined by the
Council.
| 6 | | (4) The Council may require a claimant to obtain and | 7 | | submit 3 bids
and may require specific terms and conditions | 8 | | in a
contract subject to approval.
| 9 | | (5) The Council may enter into a contract or an | 10 | | exclusive contract with
the supplier of goods or services | 11 | | required by a claimant or class of
claimants, in connection | 12 | | with an expense reimbursable from the
Fund, for a specified | 13 | | good or service at a gross maximum
price or fixed rate, and | 14 | | may limit reimbursement accordingly.
| 15 | | (6) Unless emergency conditions exist, a service | 16 | | provider shall
obtain the Council's approval of the budget | 17 | | for the remediation work
before commencing the work. No | 18 | | expense incurred that is above the budgeted
amount shall be | 19 | | paid unless the Council approves
the expense prior to its | 20 | | being incurred. All invoices and bills relating to
the | 21 | | remediation work shall be submitted with appropriate | 22 | | documentation, as
deemed
necessary by the Council.
| 23 | | (7) Neither the Council nor an eligible claimant is | 24 | | responsible for
payment for
costs incurred that have not | 25 | | been previously approved by the
Council, unless an | 26 | | emergency exists.
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| 1 | | (8) The Council may determine the usual and customary | 2 | | costs of each
item for which reimbursement may be awarded | 3 | | under this Section.
The Council may revise the usual and | 4 | | customary costs from time
to time as necessary, but costs | 5 | | submitted for reimbursement shall
be subject to the rates | 6 | | in effect at the time the costs were
incurred.
| 7 | | (9) If a claimant has pollution liability insurance | 8 | | coverage other than
coverage provided by the insurance | 9 | | account under this Act,
that coverage shall be primary. | 10 | | Reimbursement from the remedial
account shall be limited to | 11 | | the deductible amounts under the primary
coverage and the
| 12 | | amount that exceeds the policy limits of the primary | 13 | | coverage,
subject to the deductible amounts of this Act. If | 14 | | there is a
dispute between the claimant and the primary | 15 | | insurance provider,
reimbursement from the remedial action | 16 | | account may be made to the claimant
after the claimant
| 17 | | assigns all of his or her interests in the insurance | 18 | | coverage to the Council.
| 19 | | (g) The source of funds for the remedial action account | 20 | | shall be moneys
allocated to the account by the Council | 21 | | according to the Fund budget
approved by the Council.
| 22 | | (h) A drycleaning facility will be classified as active or | 23 | | inactive for
purposes of
determining benefits under this | 24 | | Section based on the status of the facility
on the date a claim | 25 | | is filed.
| 26 | | (i) Eligible claimants shall conduct remedial action in |
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| 1 | | accordance with
the
Site Remediation Program under the | 2 | | Environmental Protection Act and Part 740 of
Title 35 of the | 3 | | Illinois Administrative Code and the Tiered Approach to Cleanup
| 4 | | Objectives under Part 742 of Title 35 of the Illinois | 5 | | Administrative Code.
| 6 | | (j) Effective January 1, 2012, an active drycleaning | 7 | | facility that has previously received or is currently receiving | 8 | | reimbursement for the costs of a remedial action, as defined in | 9 | | this Act, shall maintain continuous financial assurance for | 10 | | environmental liability coverage in the amount of at least | 11 | | $500,000 until the earlier of (i) January 1, 2020 or (ii) the | 12 | | date the Council determines the drycleaning facility is an | 13 | | inactive drycleaning facility. Failure to comply with this | 14 | | requirement will result in the revocation of the drycleaning | 15 | | facility's existing license and in the inability of the | 16 | | drycleaning facility to obtain or renew a license under Section | 17 | | 60 of this Act. | 18 | | (Source: P.A. 96-774, eff. 1-1-10; 97-377, eff. 1-1-12.)
| 19 | | (Text of Section after amendment by P.A. 101-400 )
| 20 | | Sec. 40. Remedial action account.
| 21 | | (a) The remedial action account is established to provide | 22 | | reimbursement to
eligible
claimants for
drycleaning solvent | 23 | | investigation, remedial action planning, and
remedial action | 24 | | activities for existing drycleaning solvent contamination
| 25 | | discovered at their drycleaning facilities.
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| 1 | | (b) The following persons are eligible for reimbursement | 2 | | from the remedial
action account:
| 3 | | (1) In the case of a claimant who is the owner or | 4 | | operator of an active
drycleaning
facility licensed under | 5 | | this Act at the time of application for
remedial action | 6 | | benefits afforded under
the Fund, the
claimant is only | 7 | | eligible for reimbursement of remedial
action costs | 8 | | incurred in connection with a release
from that drycleaning | 9 | | facility,
subject to any other limitations under this Act.
| 10 | | (2) In the case of a claimant who is the owner of an | 11 | | inactive drycleaning
facility and
was the owner or operator | 12 | | of the drycleaning facility when it was
an active | 13 | | drycleaning facility, the claimant is only eligible for
| 14 | | reimbursement of remedial action costs incurred in
| 15 | | connection with a release from the drycleaning facility,
| 16 | | subject to any other limitations under
this Act.
| 17 | | (c) An eligible claimant requesting reimbursement from the | 18 | | remedial action
account shall meet all of the following:
| 19 | | (1) The claimant demonstrates that the source of the | 20 | | release is from
the claimant's drycleaning facility.
| 21 | | (2) At the time the release was discovered by the | 22 | | claimant, the claimant
and the drycleaning facility were in | 23 | | compliance with the Agency reporting
and technical | 24 | | operating requirements.
| 25 | | (3) The claimant reported the release in a timely | 26 | | manner in accordance with State law.
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| 1 | | (4) The drycleaning facility site is enrolled in the | 2 | | Site Remediation Program established under Title XVII of | 3 | | the Environmental Protection Act.
| 4 | | (5) If the claimant is the owner or operator of an | 5 | | active drycleaning
facility, the claimant must ensure | 6 | | that:
| 7 | | (A) All drycleaning solvent wastes generated at | 8 | | the drycleaning
facility are managed in accordance | 9 | | with applicable State
waste management laws and rules.
| 10 | | (B) There is no discharge of wastewater from | 11 | | drycleaning
machines, or of drycleaning solvent from | 12 | | drycleaning
operations, to a sanitary sewer or septic | 13 | | tank or to the
surface or in groundwater.
| 14 | | (C) The drycleaning facility has a containment | 15 | | dike or other containment
structure around each | 16 | | machine, item of equipment, drycleaning area, and | 17 | | portable waste container in which
any
drycleaning | 18 | | solvent is utilized, which is capable
of containing | 19 | | leaks, spills, or releases of
drycleaning
solvent from | 20 | | that machine, item, area, or container. The | 21 | | containment
dike or other containment structure shall | 22 | | be capable of at least the following:
(i) containing a | 23 | | capacity of 110% of the drycleaning solvent in the | 24 | | largest
tank or vessel within the machine; (ii) | 25 | | containing 100% of the drycleaning
solvent of each item | 26 | | of equipment or drycleaning area; and (iii) containing
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| 1 | | 100% of the drycleaning solvent of the largest portable | 2 | | waste container or at
least 10% of the total volume of | 3 | | the portable waste containers stored within
the | 4 | | containment dike or structure, whichever is greater.
| 5 | | Petroleum underground storage tank systems that | 6 | | are in compliance
with USEPA and State Fire Marshal | 7 | | rules, including, but not limited to, leak detection | 8 | | system rules, are exempt from this secondary | 9 | | containment requirement.
| 10 | | (D) Those portions of
diked floor surfaces on which | 11 | | a drycleaning
solvent may leak, spill, or otherwise be | 12 | | released are sealed or otherwise impervious.
| 13 | | (E) All drycleaning solvent is delivered
to | 14 | | drycleaning facilities by means of closed, | 15 | | direct-coupled
delivery systems.
| 16 | | (6) An active drycleaning facility has maintained | 17 | | continuous financial
assurance for environmental liability | 18 | | coverage in the amount of at least
$500,000 at least since | 19 | | the date of award of benefits under this Section
or July 1, | 20 | | 2000, whichever is earlier.
An uninsured drycleaning | 21 | | facility that
has filed an application for insurance with | 22 | | the Fund by January 1, 2004,
obtained insurance through | 23 | | that application, and maintained that insurance
coverage | 24 | | continuously shall be considered to have conformed with the
| 25 | | requirements of this subdivision (6). To conform with this | 26 | | requirement the
applicant must pay the equivalent of the |
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| 1 | | total premiums due for the period
beginning June 30, 2000 | 2 | | through the date of application plus a 20% penalty of
the | 3 | | total premiums due for that period.
| 4 | | (7) The release was discovered on or after July
1, 1997 | 5 | | and before July 1, 2006.
| 6 | | (d) A claimant must have submitted a completed application | 7 | | form
provided by the Council. The application shall contain | 8 | | documentation of
activities, plans, and expenditures | 9 | | associated with the eligible costs
incurred in response to a | 10 | | release of drycleaning solvent from a
drycleaning facility. | 11 | | Application for remedial action account benefits must have been
| 12 | | submitted to the Council on or before June 30, 2005.
| 13 | | (e) Claimants shall be subject to the following deductible | 14 | | requirements:
| 15 | | (1) If, by January 1, 2008, an eligible claimant | 16 | | submitting a claim for an active drycleaning facility | 17 | | completed site investigation and submitted to the Council a | 18 | | complete remedial action plan for the site, then the | 19 | | eligible claimant is responsible for the first $5,000 of
| 20 | | eligible investigation costs and for the first $10,000 of | 21 | | eligible remedial
action costs incurred in connection with | 22 | | the release from the drycleaning
facility and is only | 23 | | eligible for reimbursement for costs that exceed
those | 24 | | amounts, subject to any other limitations of this Act. Any | 25 | | eligible claimant submitting any other claim for an active | 26 | | drycleaning facility is responsible for the first $5,000 of |
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| 1 | | eligible investigation costs and for the first $15,000 of | 2 | | eligible remedial action costs incurred in connection with | 3 | | the release from the drycleaning facility, and is only | 4 | | eligible for reimbursement for costs that exceed those | 5 | | amounts, subject to any other limitations of this Act.
| 6 | | (2) If, by January 1, 2008, an eligible claimant | 7 | | submitting a claim for an inactive drycleaning facility | 8 | | completed site investigation and submitted to the Council a | 9 | | complete remedial action plan for the site, then the | 10 | | claimant is responsible for the first $10,000
of eligible | 11 | | investigation costs and for the first $10,000 of eligible | 12 | | remedial
action costs incurred in connection with the | 13 | | release from that drycleaning
facility, and is only | 14 | | eligible for reimbursement for costs that exceed
those | 15 | | amounts, subject to any other limitations of this Act. Any | 16 | | eligible claimant submitting any other claim for an | 17 | | inactive drycleaning facility is responsible for the first | 18 | | $15,000 of eligible investigation costs and for the first | 19 | | $15,000 of eligible remedial action costs incurred in | 20 | | connection with the release from the drycleaning facility, | 21 | | and is only eligible for reimbursement for costs that | 22 | | exceed those amounts, subject to any other limitations of | 23 | | this Act.
| 24 | | (f) Claimants are subject to the following limitations on | 25 | | reimbursement:
| 26 | | (1) Subsequent to meeting the deductible requirements |
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| 1 | | of
subsection (e),
reimbursement shall not exceed $300,000 | 2 | | per active drycleaning facility and
$50,000 per inactive | 3 | | drycleaning facility.
| 4 | | (2) (Blank).
| 5 | | (3) (Blank).
| 6 | | (4) The Agency may require a claimant to obtain and | 7 | | submit 3 bids
and may require specific terms and conditions | 8 | | in a
contract subject to approval.
| 9 | | (5) The Agency may enter into a contract or an | 10 | | exclusive contract with
the supplier of goods or services | 11 | | required by a claimant or class of
claimants, in connection | 12 | | with an expense reimbursable from the
Fund, for a specified | 13 | | good or service at a gross maximum
price or fixed rate, and | 14 | | may limit reimbursement accordingly.
| 15 | | (6) Unless emergency conditions exist, a service | 16 | | provider shall
obtain the Agency's approval of all | 17 | | remediation work to be reimbursed from the Fund and a | 18 | | budget for the remediation work
before commencing the work. | 19 | | No expense incurred that is above the budgeted
amount shall | 20 | | be paid unless the Agency approves
the expense. All | 21 | | invoices and bills relating to
the remediation work shall | 22 | | be submitted with appropriate documentation, as
deemed
| 23 | | necessary by the Agency.
| 24 | | (7) Neither the Council, nor the Agency, nor an | 25 | | eligible claimant is responsible for
payment for
costs | 26 | | incurred that have not been previously approved by the
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| 1 | | Council, or Agency, unless an emergency exists.
| 2 | | (8) To be eligible for reimbursement from the Fund, | 3 | | costs must be within the range of usual and customary rates | 4 | | for similar or equivalent goods or services, incurred in | 5 | | performance of remediation work approved by the Agency, and | 6 | | necessary to respond to the release for which the claimant | 7 | | is seeking
reimbursement from the Fund.
| 8 | | (9) If a claimant has pollution liability insurance | 9 | | coverage other than
coverage provided by the insurance | 10 | | account under this Act,
that coverage shall be primary. | 11 | | Reimbursement from the remedial
account shall be limited to | 12 | | the deductible amounts under the primary
coverage and the
| 13 | | amount that exceeds the policy limits of the primary | 14 | | coverage,
subject to the deductible amounts established | 15 | | pursuant to this Act.
| 16 | | (f-5) Costs of corrective action or indemnification | 17 | | incurred by a claimant which have been paid to a claimant under | 18 | | a policy of insurance other than the insurance provided under | 19 | | this Act, another written agreement, or a court order are not | 20 | | eligible for reimbursement. A claimant who receives payment | 21 | | under such a policy, written agreement, or court order shall | 22 | | reimburse the State to the extent such payment covers costs for | 23 | | which payment was received from the Fund. Any moneys received | 24 | | by the State under this subsection shall be deposited into the | 25 | | Fund. | 26 | | (g) The source of funds for the remedial action account |
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| 1 | | shall be moneys
allocated to the account by the Agency.
| 2 | | (h) A drycleaning facility will be classified as active or | 3 | | inactive for
purposes of
determining benefits under this | 4 | | Section based on the status of the facility
on the date a claim | 5 | | is filed.
| 6 | | (i) Eligible claimants shall conduct remedial action in | 7 | | accordance with Title XVII of
the Environmental Protection Act | 8 | | and rules adopted under that Act.
| 9 | | (j) Effective January 1, 2012, the owner or operator of an | 10 | | active drycleaning facility that has previously received or is | 11 | | currently receiving reimbursement for the costs of a remedial | 12 | | action, as defined in this Act, shall maintain continuous | 13 | | financial assurance for environmental liability coverage in | 14 | | the amount of at least $500,000 for that facility until January | 15 | | 1, 2030. Failure to comply with this requirement will result in | 16 | | the revocation of the drycleaning facility's existing license | 17 | | and in the inability of the drycleaning facility to obtain or | 18 | | renew a license under Section 60 of this Act. | 19 | | (k) Owners Effective January 1, 2020, owners and operators | 20 | | of inactive drycleaning facilities that are eligible for | 21 | | reimbursement from the Fund on that date shall, through | 22 | | calendar year 2029 until January 1, 2030 , pay an annual $3,000 | 23 | | administrative assessment each calendar year to the Agency for | 24 | | the facility. For calendar year 2020, the annual assessment | 25 | | described in this subsection (k) is due on or before October 1, | 26 | | 2020. For each subsequent calendar year, the annual assessment |
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| 1 | | described in this subsection (k) is due on or before February 1 | 2 | | of the applicable calendar year. Administrative assessments | 3 | | collected by the Agency under this subsection (k) shall be | 4 | | deposited into the Fund. | 5 | | (Source: P.A. 101-400, eff. 7-1-20.)
| 6 | | (415 ILCS 135/60)
| 7 | | (Text of Section before amendment by P.A. 101-400 )
| 8 | | (Section scheduled to be repealed on January 1, 2020; | 9 | | Public Act 101-400 contains language changing the repeal date | 10 | | of this Section from January 1, 2020 to January 1, 2030, but | 11 | | the repeal of this Section takes place before Public Act | 12 | | 101-400 takes effect on July 1, 2020)
| 13 | | Sec. 60. Drycleaning facility license.
| 14 | | (a) On and after January 1, 1998, no person shall operate a | 15 | | drycleaning
facility in this State without a license issued by | 16 | | the Council.
| 17 | | (b) The Council shall issue an initial or renewal license | 18 | | to a drycleaning
facility on submission by an applicant of a | 19 | | completed form prescribed by the
Council, proof of payment of | 20 | | the required fee to the Department of Revenue, and, if the | 21 | | drycleaning facility has previously received or is currently | 22 | | receiving reimbursement for the costs of a remedial action, as | 23 | | defined in this Act, proof of compliance with subsection (j) of | 24 | | Section 40. Beginning January 1, 2013, license renewal | 25 | | application forms must include a certification by the applicant |
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| 1 | | that all hazardous waste stored at the drycleaning facility is | 2 | | stored in accordance with all applicable federal and state laws | 3 | | and regulations, and that all hazardous waste transported from | 4 | | the drycleaning facility is transported in accordance with all | 5 | | applicable federal and state laws and regulations. Also, | 6 | | beginning January 1, 2013, license renewal applications must | 7 | | include copies of all manifests for hazardous waste transported | 8 | | from the drycleaning facility during the previous 12 months or | 9 | | since the last submission of copies of manifests, whichever is | 10 | | longer. If the Council does not receive a copy of a manifest | 11 | | for a drycleaning facility within a 3-year period, or within a | 12 | | shorter period as determined by the Council, the Council shall | 13 | | make appropriate inquiry into the management of hazardous waste | 14 | | at the facility and may share the results of the inquiry with | 15 | | the Agency.
| 16 | | (c) On or after January 1, 2004, the annual fees for | 17 | | licensure are as
follows:
| 18 | | (1) $500 for a facility that uses (i) 50 gallons or
| 19 | | less of
chlorine-based or green drycleaning solvents | 20 | | annually, (ii) 250 or less
gallons annually of | 21 | | hydrocarbon-based drycleaning solvents in a drycleaning
| 22 | | machine equipped with a solvent reclaimer, or (iii) 500 | 23 | | gallons
or less annually of hydrocarbon-based drycleaning | 24 | | solvents in a
drycleaning machine without a solvent | 25 | | reclaimer.
| 26 | | (2) $500 for a facility that uses (i)
more than 50 |
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| 1 | | gallons but not more than 100
gallons of chlorine-based or | 2 | | green drycleaning solvents annually, (ii)
more than 250 | 3 | | gallons but not more 500 gallons annually of | 4 | | hydrocarbon-based
solvents in
a drycleaning machine | 5 | | equipped with a solvent reclaimer, or (iii) more
than 500 | 6 | | gallons but not more than 1,000 gallons
annually of | 7 | | hydrocarbon-based drycleaning solvents in a drycleaning
| 8 | | machine without a solvent reclaimer.
| 9 | | (3) $500 for a facility that uses (i) more than 100 | 10 | | gallons but not more than 150 gallons of chlorine-based
or | 11 | | green drycleaning solvents annually, (ii) more than 500 | 12 | | gallons but
not more than 750 gallons annually of | 13 | | hydrocarbon-based solvents in a
drycleaning machine | 14 | | equipped with a solvent reclaimer, or (iii) more than
1,000
| 15 | | gallons but not more than 1,500 gallons annually of
| 16 | | hydrocarbon-based drycleaning solvents in a drycleaning | 17 | | machine without a
solvent reclaimer.
| 18 | | (4) $1,000 for a facility that uses (i) more than 150 | 19 | | gallons but not
more than 200 gallons of chlorine-based or | 20 | | green drycleaning solvents annually,
(ii) more than 750 | 21 | | gallons but not more than 1,000 gallons annually of
| 22 | | hydrocarbon-based solvents in a drycleaning machine | 23 | | equipped with a solvent
reclaimer, or (iii) more than
1,500 | 24 | | gallons but not more than 2,000 gallons annually of | 25 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 26 | | machine without a solvent
reclaimer.
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| 1 | | (5) $1,000 for a facility that uses (i) more than 200 | 2 | | gallons but not more
than 250 gallons of chlorine-based or | 3 | | green drycleaning solvents annually, (ii)
more than 1,000 | 4 | | gallons but not more than 1,250 gallons annually of
| 5 | | hydrocarbon-based solvents in a drycleaning machine | 6 | | equipped with a solvent
reclaimer, or (iii) more than
2,000 | 7 | | gallons but not more than 2,500 gallons annually of | 8 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 9 | | machine without a solvent
reclaimer.
| 10 | | (6) $1,000 for a facility that uses (i) more than 250 | 11 | | gallons but not
more than
300 gallons of chlorine-based or | 12 | | green drycleaning solvents annually, (ii) more
than 1,250 | 13 | | gallons but not more than 1,500 gallons annually of
| 14 | | hydrocarbon-based solvents in a drycleaning machine | 15 | | equipped with a solvent
reclaimer, or (iii) more than 2,500 | 16 | | gallons but not more than 3,000 gallons
annually of | 17 | | hydrocarbon-based drycleaning solvents in a drycleaning | 18 | | machine
without
a solvent reclaimer.
| 19 | | (7) $1,000 for a facility that uses (i) more than 300 | 20 | | gallons but not more
than
350 gallons of chlorine-based or | 21 | | green drycleaning solvents annually, (ii) more
than 1,500 | 22 | | gallons but not more than 1,750 gallons annually of
| 23 | | hydrocarbon-based
solvents in a drycleaning machine | 24 | | equipped with a solvent reclaimer, or (iii)
more than 3,000 | 25 | | gallons but not more than 3,500 gallons annually of
| 26 | | hydrocarbon-based
drycleaning solvents in a drycleaning |
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| 1 | | machine without a solvent
reclaimer.
| 2 | | (8) $1,500 for a facility that uses (i) more than 350 | 3 | | gallons but not more
than
400 gallons of chlorine-based or | 4 | | green drycleaning solvents annually, (ii) more
than 1,750 | 5 | | gallons but not more than 2,000 gallons annually of
| 6 | | hydrocarbon-based
solvents in a drycleaning machine | 7 | | equipped with a solvent reclaimer, or (iii)
more than 3,500 | 8 | | gallons but not more than 4,000 gallons annually of
| 9 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 10 | | machine without a solvent
reclaimer.
| 11 | | (9) $1,500 for a facility that uses (i) more than 400 | 12 | | gallons but not more
than 450 gallons of chlorine-based or | 13 | | green drycleaning solvents annually, (ii)
more than 2,000 | 14 | | gallons but not more than 2,250 gallons annually of
| 15 | | hydrocarbon-based
solvents in a drycleaning machine | 16 | | equipped with a solvent reclaimer, or (iii)
more
than
4,000 | 17 | | gallons but not more than 4,500 gallons annually of | 18 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 19 | | machine without a solvent
reclaimer.
| 20 | | (10) $1,500 for a facility that uses (i) more than 450 | 21 | | gallons but not
more than 500
gallons of chlorine-based or | 22 | | green drycleaning solvents annually, (ii) more
than
2,250 | 23 | | gallons but not more than 2,500 gallons annually of | 24 | | hydrocarbon-based
solvents used in a drycleaning machine | 25 | | equipped with a solvent reclaimer, or
(iii) more
than 4,500 | 26 | | gallons but not more than 5,000 gallons annually of
|
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| 1 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 2 | | machine without a solvent reclaimer.
| 3 | | (11) $1,500 for a facility that uses (i) more than 500 | 4 | | gallons but not
more than 550
gallons of chlorine-based or | 5 | | green drycleaning solvents annually, (ii) more
than
2,500 | 6 | | gallons but not more than 2,750 gallons annually of | 7 | | hydrocarbon-based
solvents in a drycleaning machine | 8 | | equipped with a solvent reclaimer, or (iii)
more than
5,000 | 9 | | gallons but not more than 5,500 gallons annually of | 10 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 11 | | machine without a solvent
reclaimer.
| 12 | | (12) $1,500 for a facility that uses (i) more than 550 | 13 | | gallons but not
more than 600
gallons of chlorine-based or | 14 | | green drycleaning solvents annually, (ii) more
than 2,750 | 15 | | gallons but not more than 3,000 gallons annually of
| 16 | | hydrocarbon-based
solvents in a drycleaning machine | 17 | | equipped with a solvent reclaimer, or (iii)
more than
5,500 | 18 | | gallons but not more than 6,000 gallons annually of | 19 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 20 | | machine without a solvent
reclaimer.
| 21 | | (13) $1,500 for a facility that uses (i) more than 600 | 22 | | gallons of
chlorine-based or green drycleaning solvents | 23 | | annually, (ii) more than 3,000
gallons but not more than | 24 | | 3,250 gallons annually of hydrocarbon-based solvents
in a | 25 | | drycleaning
machine equipped with a solvent reclaimer, or | 26 | | (iii) more than 6,000 gallons of
hydrocarbon-based |
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| 1 | | drycleaning solvents annually in a drycleaning machine
| 2 | | equipped without a solvent reclaimer.
| 3 | | (14) $1,500 for a facility that uses more than 3,250 | 4 | | gallons but not more
than 3,500 gallons annually of | 5 | | hydrocarbon-based solvents in a drycleaning
machine | 6 | | equipped with a solvent reclaimer.
| 7 | | (15) $1,500 for a facility that uses more than 3,500 | 8 | | gallons but not more
than 3,750 gallons annually of | 9 | | hydrocarbon-based solvents used in a drycleaning
machine | 10 | | equipped with a solvent reclaimer.
| 11 | | (16) $1,500 for a facility that uses more than 3,750 | 12 | | gallons but not more
than 4,000 gallons annually of | 13 | | hydrocarbon-based solvents in a drycleaning
machine | 14 | | equipped with a solvent reclaimer.
| 15 | | (17) $1,500 for a facility that uses more than 4,000 | 16 | | gallons annually of
hydrocarbon-based solvents in a | 17 | | drycleaning machine equipped with a solvent
reclaimer.
| 18 | | For purpose of this subsection, the quantity of drycleaning | 19 | | solvents
used annually shall be determined as follows:
| 20 | | (1) in the case of an initial applicant, the quantity | 21 | | of drycleaning
solvents that the applicant estimates will | 22 | | be used during his or her initial
license year. A fee | 23 | | assessed under this subdivision is subject to audited
| 24 | | adjustment for that year; or
| 25 | | (2) in the case of a renewal applicant, the quantity of | 26 | | drycleaning
solvents actually purchased in the preceding |
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| 1 | | license year.
| 2 | | The Council may adjust licensing fees annually based on the | 3 | | published
Consumer Price Index - All Urban Consumers ("CPI-U") | 4 | | or as otherwise determined
by the Council.
| 5 | | (d) A license issued under this Section shall expire one | 6 | | year after the date
of issuance and may be renewed on | 7 | | reapplication to the Council and submission
of proof of payment | 8 | | of the appropriate fee to the Department of Revenue in
| 9 | | accordance with subsections (c) and (e). At least 30 days | 10 | | before payment of a
renewal licensing fee is due, the Council | 11 | | shall attempt to:
| 12 | | (1) notify the operator of each licensed drycleaning
| 13 | | facility concerning the requirements of this Section;
and
| 14 | | (2) submit a license fee payment form to the licensed
| 15 | | operator of each drycleaning facility.
| 16 | | (e) An operator of a drycleaning facility shall submit the | 17 | | appropriate
application form provided by the Council with the | 18 | | license fee in the form of
cash, credit card, business check, | 19 | | or guaranteed remittance to the Department of Revenue.
The | 20 | | Department may accept payment of the license fee under this | 21 | | Section by credit card only if the Department is not required | 22 | | to pay a discount fee charged by the credit card issuer. The | 23 | | license fee payment form and the actual license fee payment | 24 | | shall be
administered by the Department of Revenue under rules | 25 | | adopted by that
Department.
| 26 | | (f) The Department of Revenue shall issue a proof of |
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| 1 | | payment receipt to
each operator of a drycleaning facility who | 2 | | has paid the appropriate fee in
cash or by guaranteed | 3 | | remittance, credit card, or business check. However, the | 4 | | Department of Revenue shall not
issue a proof of payment | 5 | | receipt to a drycleaning facility that is liable to
the | 6 | | Department of Revenue for a tax imposed under this Act. The | 7 | | original
receipt shall be presented to the Council by the | 8 | | operator of a drycleaning
facility.
| 9 | | (g) (Blank).
| 10 | | (h) The Council and the Department of Revenue may adopt | 11 | | rules as necessary
to administer the licensing
requirements of | 12 | | this Act.
| 13 | | (Source: P.A. 96-774, eff. 1-1-10; 97-332, eff. 8-12-11; | 14 | | 97-377, eff. 1-1-12; 97-663, eff. 1-13-12; 97-813, eff. | 15 | | 7-13-12; 97-1057, eff. 1-1-13.)
| 16 | | (Text of Section after amendment by P.A. 101-400 )
| 17 | | (Section scheduled to be repealed on January 1, 2020; | 18 | | Public Act 101-400 contains language changing the repeal date | 19 | | of this Section from January 1, 2020 to January 1, 2030, but | 20 | | the repeal of this Section takes place before Public Act | 21 | | 101-400 takes effect on July 1, 2020))
| 22 | | Sec. 60. Drycleaning facility license.
| 23 | | (a) No person shall operate a drycleaning
facility in this | 24 | | State without a license issued by the Council or Agency. Until | 25 | | July 1, 2020, the license required under this subsection shall |
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| 1 | | be issued by the Council. On and after July 1, 2020, the | 2 | | license required under this subsection shall be issued by the | 3 | | Agency.
| 4 | | (b) Beginning July 1, 2020, an initial or renewal license | 5 | | shall be issued to a drycleaning
facility on submission by an | 6 | | applicant of a completed form prescribed by the Agency and
| 7 | | proof of payment of the required fee to the Department of | 8 | | Revenue, and, if the drycleaning facility has previously | 9 | | received or is currently receiving reimbursement for the costs | 10 | | of a remedial action, as defined in this Act, proof of | 11 | | compliance with subsection (j) of Section 40. The Agency shall | 12 | | make available on its website an electronic copy of the | 13 | | required license and license renewal applications. License | 14 | | renewal application forms must include a certification by the | 15 | | applicant: | 16 | | (1) that all hazardous waste stored at the drycleaning | 17 | | facility is stored in accordance with all applicable | 18 | | federal and state laws and regulations; | 19 | | (2) that all hazardous waste transported from the | 20 | | drycleaning facility is transported in accordance with all | 21 | | applicable federal and state laws and regulations; and | 22 | | (3) that the applicant has successfully completed all | 23 | | continuing education requirements adopted by the Board | 24 | | pursuant to Section 12 of this the Drycleaner Environmental | 25 | | Response Trust Fund Act.
| 26 | | (c) The annual fees for licensure are as
follows:
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| 1 | | (1) $1,500 for a facility that uses (i) 50 gallons or
| 2 | | less of
chlorine-based or green drycleaning solvents | 3 | | annually, (ii) 250 or less
gallons annually of | 4 | | hydrocarbon-based drycleaning solvents in a drycleaning
| 5 | | machine equipped with a solvent reclaimer, or (iii) 500 | 6 | | gallons
or less annually of hydrocarbon-based drycleaning | 7 | | solvents in a
drycleaning machine without a solvent | 8 | | reclaimer.
| 9 | | (2) $2,250 for a facility that uses (i)
more than 50 | 10 | | gallons but not more than 100
gallons of chlorine-based or | 11 | | green drycleaning solvents annually, (ii)
more than 250 | 12 | | gallons but not more 500 gallons annually of | 13 | | hydrocarbon-based
solvents in
a drycleaning machine | 14 | | equipped with a solvent reclaimer, or (iii) more
than 500 | 15 | | gallons but not more than 1,000 gallons
annually of | 16 | | hydrocarbon-based drycleaning solvents in a drycleaning
| 17 | | machine without a solvent reclaimer.
| 18 | | (3) $3,000 for a facility that uses (i) more than 100 | 19 | | gallons but not more than 150 gallons of chlorine-based
or | 20 | | green drycleaning solvents annually, (ii) more than 500 | 21 | | gallons but
not more than 750 gallons annually of | 22 | | hydrocarbon-based solvents in a
drycleaning machine | 23 | | equipped with a solvent reclaimer, or (iii) more than
1,000
| 24 | | gallons but not more than 1,500 gallons annually of
| 25 | | hydrocarbon-based drycleaning solvents in a drycleaning | 26 | | machine without a
solvent reclaimer.
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| 1 | | (4) $3,750 for a facility that uses (i) more than 150 | 2 | | gallons but not
more than 200 gallons of chlorine-based or | 3 | | green drycleaning solvents annually,
(ii) more than 750 | 4 | | gallons but not more than 1,000 gallons annually of
| 5 | | hydrocarbon-based solvents in a drycleaning machine | 6 | | equipped with a solvent
reclaimer, or (iii) more than
1,500 | 7 | | gallons but not more than 2,000 gallons annually of | 8 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 9 | | machine without a solvent
reclaimer.
| 10 | | (5) $4,500 for a facility that uses (i) more than 200 | 11 | | gallons but not more
than 250 gallons of chlorine-based or | 12 | | green drycleaning solvents annually, (ii)
more than 1,000 | 13 | | gallons but not more than 1,250 gallons annually of
| 14 | | hydrocarbon-based solvents in a drycleaning machine | 15 | | equipped with a solvent
reclaimer, or (iii) more than
2,000 | 16 | | gallons but not more than 2,500 gallons annually of | 17 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 18 | | machine without a solvent
reclaimer.
| 19 | | (6) $5,000 for a facility that uses (i) more than 250 | 20 | | gallons but not
more than
300 gallons of chlorine-based or | 21 | | green drycleaning solvents annually, (ii) more
than 1,250 | 22 | | gallons but not more than 1,500 gallons annually of
| 23 | | hydrocarbon-based solvents in a drycleaning machine | 24 | | equipped with a solvent
reclaimer, or (iii) more than 2,500 | 25 | | gallons but not more than 3,000 gallons
annually of | 26 | | hydrocarbon-based drycleaning solvents in a drycleaning |
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| 1 | | machine
without
a solvent reclaimer.
| 2 | | (7) $5,000 for a facility that uses (i) more than 300 | 3 | | gallons but not more
than
350 gallons of chlorine-based or | 4 | | green drycleaning solvents annually, (ii) more
than 1,500 | 5 | | gallons but not more than 1,750 gallons annually of
| 6 | | hydrocarbon-based
solvents in a drycleaning machine | 7 | | equipped with a solvent reclaimer, or (iii)
more than 3,000 | 8 | | gallons but not more than 3,500 gallons annually of
| 9 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 10 | | machine without a solvent
reclaimer.
| 11 | | (8) $5,000 for a facility that uses (i) more than 350 | 12 | | gallons but not more
than
400 gallons of chlorine-based or | 13 | | green drycleaning solvents annually, (ii) more
than 1,750 | 14 | | gallons but not more than 2,000 gallons annually of
| 15 | | hydrocarbon-based
solvents in a drycleaning machine | 16 | | equipped with a solvent reclaimer, or (iii)
more than 3,500 | 17 | | gallons but not more than 4,000 gallons annually of
| 18 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 19 | | machine without a solvent
reclaimer.
| 20 | | (9) $5,000 for a facility that uses (i) more than 400 | 21 | | gallons but not more
than 450 gallons of chlorine-based or | 22 | | green drycleaning solvents annually, (ii)
more than 2,000 | 23 | | gallons but not more than 2,250 gallons annually of
| 24 | | hydrocarbon-based
solvents in a drycleaning machine | 25 | | equipped with a solvent reclaimer, or (iii)
more
than
4,000 | 26 | | gallons but not more than 4,500 gallons annually of |
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| 1 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 2 | | machine without a solvent
reclaimer.
| 3 | | (10) $5,000 for a facility that uses (i) more than 450 | 4 | | gallons but not
more than 500
gallons of chlorine-based or | 5 | | green drycleaning solvents annually, (ii) more
than
2,250 | 6 | | gallons but not more than 2,500 gallons annually of | 7 | | hydrocarbon-based
solvents used in a drycleaning machine | 8 | | equipped with a solvent reclaimer, or
(iii) more
than 4,500 | 9 | | gallons but not more than 5,000 gallons annually of
| 10 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 11 | | machine without a solvent reclaimer.
| 12 | | (11) $5,000 for a facility that uses (i) more than 500 | 13 | | gallons but not
more than 550
gallons of chlorine-based or | 14 | | green drycleaning solvents annually, (ii) more
than
2,500 | 15 | | gallons but not more than 2,750 gallons annually of | 16 | | hydrocarbon-based
solvents in a drycleaning machine | 17 | | equipped with a solvent reclaimer, or (iii)
more than
5,000 | 18 | | gallons but not more than 5,500 gallons annually of | 19 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 20 | | machine without a solvent
reclaimer.
| 21 | | (12) $5,000 for a facility that uses (i) more than 550 | 22 | | gallons but not
more than 600
gallons of chlorine-based or | 23 | | green drycleaning solvents annually, (ii) more
than 2,750 | 24 | | gallons but not more than 3,000 gallons annually of
| 25 | | hydrocarbon-based
solvents in a drycleaning machine | 26 | | equipped with a solvent reclaimer, or (iii)
more than
5,500 |
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| 1 | | gallons but not more than 6,000 gallons annually of | 2 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 3 | | machine without a solvent
reclaimer.
| 4 | | (13) $5,000 for a facility that uses (i) more than 600 | 5 | | gallons of
chlorine-based or green drycleaning solvents | 6 | | annually, (ii) more than 3,000
gallons but not more than | 7 | | 3,250 gallons annually of hydrocarbon-based solvents
in a | 8 | | drycleaning
machine equipped with a solvent reclaimer, or | 9 | | (iii) more than 6,000 gallons of
hydrocarbon-based | 10 | | drycleaning solvents annually in a drycleaning machine
| 11 | | equipped without a solvent reclaimer.
| 12 | | (14) $5,000 for a facility that uses more than 3,250 | 13 | | gallons but not more
than 3,500 gallons annually of | 14 | | hydrocarbon-based solvents in a drycleaning
machine | 15 | | equipped with a solvent reclaimer.
| 16 | | (15) $5,000 for a facility that uses more than 3,500 | 17 | | gallons but not more
than 3,750 gallons annually of | 18 | | hydrocarbon-based solvents used in a drycleaning
machine | 19 | | equipped with a solvent reclaimer.
| 20 | | (16) $5,000 for a facility that uses more than 3,750 | 21 | | gallons but not more
than 4,000 gallons annually of | 22 | | hydrocarbon-based solvents in a drycleaning
machine | 23 | | equipped with a solvent reclaimer.
| 24 | | (17) $5,000 for a facility that uses more than 4,000 | 25 | | gallons annually of
hydrocarbon-based solvents in a | 26 | | drycleaning machine equipped with a solvent
reclaimer.
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| 1 | | For purpose of this subsection, the quantity of drycleaning | 2 | | solvents
used annually shall be determined as follows:
| 3 | | (1) in the case of an initial applicant, the quantity | 4 | | of drycleaning
solvents that the applicant estimates will | 5 | | be used during his or her initial
license year. A fee | 6 | | assessed under this subdivision is subject to audited
| 7 | | adjustment for that year; or
| 8 | | (2) in the case of a renewal applicant, the quantity of | 9 | | drycleaning
solvents actually purchased in the preceding | 10 | | license year.
| 11 | | (d) A license issued under this Section shall expire one | 12 | | year after the date
of issuance and may be renewed on | 13 | | reapplication to the Agency Council and submission
of proof of | 14 | | payment of the appropriate fee to the Department of Revenue in
| 15 | | accordance with subsections (c) and (e).
| 16 | | (e) An operator of a drycleaning facility shall submit the | 17 | | appropriate
application form provided by the Agency with the | 18 | | license fee in the form of
cash, credit card, business check, | 19 | | or guaranteed remittance to the Department of Revenue.
The | 20 | | Department may accept payment of the license fee under this | 21 | | Section by credit card only if the Department is not required | 22 | | to pay a discount fee charged by the credit card issuer. The | 23 | | license fee payment form and the actual license fee payment | 24 | | shall be
administered by the Department of Revenue under rules | 25 | | adopted by that
Department.
| 26 | | (f) The Department of Revenue shall issue a proof of |
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| 1 | | payment receipt to
each operator of a drycleaning facility who | 2 | | has paid the appropriate fee in
cash or by guaranteed | 3 | | remittance, credit card, or business check. However, the | 4 | | Department of Revenue shall not
issue a proof of payment | 5 | | receipt to a drycleaning facility that is liable to
the | 6 | | Department of Revenue for a tax imposed under this Act. The | 7 | | original
receipt shall be presented to the Agency Council by | 8 | | the operator of a drycleaning
facility.
| 9 | | (g) (Blank).
| 10 | | (h) The Board and the Department of Revenue may adopt rules | 11 | | as necessary
to administer the licensing
requirements of this | 12 | | Act.
| 13 | | (Source: P.A. 101-400, eff. 7-1-20.)
| 14 | | Section 99. Effective date. This Act takes effect December | 15 | | 31, 2019, except that Section 15 takes effect on July 1, 2020. |
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