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90_HB2164enr
415 ILCS 5/22.23a
Amends the Environmental Protection Act to provide that,
until the Pollution Control Board adopts rules designating
fluorescent and high intensity discharge lamps as universal
waste, used fluorescent and high intensity discharge lamps
may be managed under alternative, specified conditions.
Requires the Illinois Environmental Protection Agency to seek
authorization from the United States Environmental Protection
Agency to implement the provisions of the Universal Waste
Rule. Effective immediately.
LRB9003592DPmgB
HB2164 Enrolled LRB9003592DPmgB
1 AN ACT to create the Drycleaner Environmental Response
2 Trust Fund Act, concerning environmental protection, and
3 amending named Acts.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 1. Short title. This Act may be cited as the
7 Drycleaner Environmental Response Trust Fund Act.
8 Section 5. Definitions. As used in this Act:
9 (a) "Active drycleaning facility" means a drycleaning
10 facility actively engaged in drycleaning operations and
11 licensed under Section 60 of this Act.
12 (b) "Agency" means the Illinois Environmental Protection
13 Agency.
14 (c) "Claimant" means an owner or operator of a
15 drycleaning facility who has applied for reimbursement from
16 the remedial account or who has submitted a claim under the
17 insurance account with respect to a release.
18 (d) "Council" means the Drycleaner Environmental
19 Response Trust Fund Council.
20 (e) "Drycleaner Environmental Response Trust Fund" or
21 "Fund" means the fund created under Section 10 of this Act.
22 (f) "Drycleaning facility" means a facility located in
23 this State that is or has been engaged in drycleaning
24 operations for the general public, other than a:
25 (1) facility located on a United States military
26 base;
27 (2) industrial laundry, commercial laundry, or
28 linen supply facility;
29 (3) prison or other penal institution that engages
30 in drycleaning only as part of a Correctional Industries
31 program to provide drycleaning to persons who are
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1 incarcerated in a prison or penal institution or to
2 resident patients of a State-operated mental health
3 facility;
4 (4) not-for-profit hospital or other health care
5 facility; or a
6 (5) facility located or formerly located on federal
7 or State property.
8 (g) "Drycleaning operations" means drycleaning of
9 apparel and household fabrics for the general public, as
10 described in Standard Industrial Classification Industry No.
11 7215 and No. 7216 in the Standard Industrial Classification
12 Manual (SIC) by the Technical Committee on Industrial
13 Classification.
14 (h) "Drycleaning solvent" means a chlorine-based or
15 hydrocarbon-based formulation or product that is used as a
16 primary cleaning agent in drycleaning operations.
17 (i) "Emergency" or "emergency action" means a situation
18 or an immediate response to a situation to protect public
19 health or safety. "Emergency" or "emergency action" does not
20 mean removal of contaminated soils, recovery of free
21 product, or financial hardship. An "emergency" or "emergency
22 action" would normally be expected to be directly related to
23 a sudden event or discovery and would last until the threat
24 to public health is mitigated.
25 (j) "Groundwater" means underground water that occurs
26 within the saturated zone and geologic materials where the
27 fluid pressure in the pore space is equal to or greater than
28 the atmospheric pressure.
29 (k) "Inactive drycleaning facility" means a drycleaning
30 facility that is not being used for drycleaning operations
31 and is not registered under this Act.
32 (l) "Maintaining a place of business in this State" or
33 any like term means (1) having or maintaining within this
34 State, directly or through a subsidiary, an office,
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1 distribution facility, distribution house, sales house,
2 warehouse, or other place of business or (2) operating within
3 this State as an agent or representative for a person or a
4 person's subsidiary engaged in the business of selling to
5 persons within this State, irrespective of whether the place
6 of business or agent or other representative is located in
7 this State permanently or temporary, or whether the person or
8 the person's subsidiary engages in the business of selling in
9 this State.
10 (m) "No Further Remediation Letter" means a letter
11 provided by the Agency pursuant to Section 58.10 of Title
12 XVII of the Environmental Protection Act.
13 (n) "Operator" means a person or entity holding a
14 business license to operate a licensed drycleaning facility
15 or the business operation of which the drycleaning facility
16 is a part.
17 (o) "Owner" means (1) a person who owns or has
18 possession or control of a drycleaning facility at the time a
19 release is discovered, regardless of whether the facility
20 remains in operation or (2) a parent corporation of the
21 person under item (1) of this subdivision.
22 (p) "Parent corporation" means a business entity or
23 other business arrangement that has elements of common
24 ownership or control or that uses a long-term contractual
25 arrangement with a person to avoid direct responsibility for
26 conditions at a drycleaning facility.
27 (q) "Person" means an individual, trust, firm, joint
28 stock company, corporation, consortium, joint venture, or
29 other commercial entity.
30 (r) "Program year" means the period beginning on July 1
31 and ending on the following June 30, except that the initial
32 "program year" means the period beginning on July 1, 1997 or
33 on the effective date of this Act and ending on June 30,
34 1998.
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1 (s) "Release" means any spilling, leaking, emitting,
2 discharging, escaping, leaching, or dispersing of drycleaning
3 solvents from a drycleaning facility to groundwater, surface
4 water, or subsurface soils.
5 (t) "Remedial action" means activities taken to comply
6 with Sections 58.6 and 58.7 of the Environmental Protection
7 Act and rules adopted by the Pollution Control Board under
8 those Sections.
9 (u) "Responsible party" means an owner, operator, or
10 other person financially responsible for costs of remediation
11 of a release of drycleaning solvents from a drycleaning
12 facility.
13 (v) "Service provider" means a consultant, testing
14 laboratory, monitoring well installer, soil boring
15 contractor, other contractor, lender, or any other person who
16 provides a product or service for which a claim for
17 reimbursement has been or will be filed against the remedial
18 account or insurance account, or a subcontractor of such a
19 person.
20 Section 10. Drycleaner Environmental Response Trust Fund.
21 (a) The Drycleaner Environmental Response Trust Fund is
22 created as a special fund in the State Treasury. Moneys
23 deposited into the Fund shall be used solely for the purposes
24 of the Council, for the retention by the Agency of a firm of
25 certified public accountants to annually examine and audit
26 the Council's activities as described in Section 80, and for
27 other purposes provided in this Act. The Fund shall include
28 moneys credited to the Fund under this Act and other moneys
29 that by law may be credited to the Fund. The State Treasurer
30 may invest Funds deposited into the Fund at the direction of
31 the Council. Interest, income from the investments, and other
32 income earned by the Fund shall be credited to and deposited
33 into the Fund.
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1 Pursuant to appropriation, all moneys in the Drycleaner
2 Environmental Response Trust Fund shall be disbursed by the
3 Agency to the Council for the purpose of making
4 disbursements, if any, in accordance with this Act and for
5 the purpose of paying the ordinary and contingent expenses of
6 the Council. As soon as may be practicable after June 30,
7 1997, the Comptroller shall order transferred and the
8 Treasurer shall transfer from the General Revenue Fund to the
9 Drycleaner Environmental Response Trust Fund $375,000 for the
10 ordinary and contingent expenses of the Council. As soon as
11 may be practicable after December 31, 1997, the Comptroller
12 shall order transferred and the Treasurer shall transfer from
13 the Drycleaner Environmental Response Trust Fund to the
14 General Revenue Fund $375,000 plus interest at the rate of 6%
15 per annum.
16 The Fund may be divided into different accounts with
17 different depositories to fulfill the purposes of the Act as
18 determined by the Council.
19 Moneys in the Fund at the end of a State fiscal year
20 shall be carried forward to the next fiscal year and shall
21 not revert to the General Revenue Fund.
22 (b) The specific purposes of the Fund include but are
23 not limited to the following:
24 (1) To establish an account to fund remedial action
25 of drycleaning solvent releases from drycleaning
26 facilities as provided by Section 40.
27 (2) To establish an insurance account for insuring
28 environmental risks from releases from drycleaning
29 facilities within this State as provided by Section 45.
30 (c) The State, the General Revenue Fund, and any other
31 Fund of the State, other than the Drycleaner Environmental
32 Response Trust Fund, shall not be liable for a claim or cause
33 of action in connection with a drycleaning facility not owned
34 or operated by the State or an agency of the State. All
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1 expenses incurred by the Fund shall be payable solely from
2 the Fund and no liability or obligation shall be imposed upon
3 the State. The State is not liable for a claim presented
4 against the Fund.
5 (d) The liability of the Fund is limited to the extent
6 of coverage provided by the account under which a claim is
7 submitted, subject to the terms and conditions of that
8 coverage. The liability of the Fund is further limited by
9 the moneys made available to the Fund, and no remedy shall be
10 ordered that would require the Fund to exceed its then
11 current funding limitations to satisfy an award or which
12 would restrict the availability of moneys for higher priority
13 sites.
14 (e) Nothing in this Act shall be construed to limit,
15 restrict, or affect the authority and powers of the Agency or
16 another State agency or statute unless the State agency or
17 statute is specifically referenced and the limitation is
18 clearly set forth in this Act.
19 Section 15. Creation of Council.
20 (a) The Drycleaner Environmental Response Trust Fund
21 Council is established and shall consist of the following
22 voting members to be appointed by the Governor:
23 (1) Three members who own or operate a drycleaning
24 facility. Two of these members must be members of the
25 Illinois State Fabricare Association. These members shall
26 serve 3 year terms, except that of the initial members
27 appointed, one shall be appointed for a term of one year,
28 one for a term of 2 years, and one for a term of 3 years.
29 (2) One member who represents wholesale
30 distributors of drycleaning solvents. This member shall
31 serve for a term of 3 years.
32 (3) One member who represents the drycleaning
33 equipment manufacturers and vendor community. This
HB2164 Enrolled -7- LRB9003592DPmgB
1 member shall serve for a term of 3 years.
2 (4) Two members with experience in financial
3 markets or the insurance industry. These members shall
4 serve 3-year terms, except that of the initial
5 appointments, one shall be appointed for a term of 2
6 years, and one for a term of 3 years.
7 Each member shall have experience, knowledge, and
8 expertise relating to the subject matter of this Act.
9 (b) The Governor may remove any member of the Council
10 for incompetency, neglect of duty, or malfeasance in office
11 after service on him or her of a copy of the written charges
12 against him or her and after an opportunity to be publicly
13 heard in person or by counsel in his or her own defense no
14 earlier than 10 days after the Governor has provided notice
15 of the opportunity to the Council member. Evidence of
16 incompetency, neglect of duty, or malfeasance in office may
17 be provided to the Governor by the Agency or the Auditor
18 General following the annual audit described in Section 80.
19 (c) Members of the Council are entitled to receive
20 reimbursement of actual expenses incurred in the discharge of
21 their duties within the limit of funds appropriated to the
22 Council or made available to the Fund. The Governor shall
23 appoint a chairperson of the Council from among the members
24 of the Council.
25 (d) The Attorney General's office or its designee shall
26 provide legal counsel to the Council.
27 Section 20. Council rules.
28 (a) The Council may adopt rules in accordance with the
29 emergency rulemaking provisions of Section 5-45 of the
30 Illinois Administrative Procedure Act for one year after the
31 effective date of this Act. Thereafter, the Council shall
32 conduct general rulemaking as provided under the Illinois
33 Administrative Procedure Act.
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1 (b) The Council shall adopt rules regarding its practice
2 and procedures for investigating and settling claims made
3 against the Fund, determining reimbursement guidelines,
4 coordinating with the Agency, and otherwise implementing and
5 administering the Fund under this Act.
6 (c) The Council shall adopt rules regarding its practice
7 and procedures to develop underwriting standards, establish
8 insurance account coverage and risk factors, settle claims
9 made against the insurance account of the Fund, determine
10 appropriate deductibles or retentions in coverages or
11 benefits offered under the insurance account of the Fund,
12 determine reimbursement guidelines, and otherwise implement
13 and administer the insurance account under this Act.
14 (d) The Council shall adopt rules necessary for the
15 implementation and collection of insurance account premiums
16 prior to offering insurance to an owner or operator of a
17 drycleaning facility or other person.
18 (e) The Council shall adopt rules prescribing
19 requirements for the retention of records by an owner or
20 operator and the periods for which he or she must retain
21 those records.
22 (f) The Council shall adopt rules describing the manner
23 in which all disbursed moneys received from the Agency shall
24 be deposited with a bank or savings and loan association to
25 be approved by the Council. For purposes of this subsection,
26 the Council shall be considered a public agency and,
27 therefore, no bank or savings and loan association shall
28 receive public funds from the Council, and the Council shall
29 not make any investments, unless in accordance with the
30 Public Funds Investment Act.
31 (g) All final Council decisions regarding the Fund or
32 any reimbursement from the Fund and any decision concerning
33 the classification of drycleaning solvents pursuant to
34 subsection (a) of Section 65 of this Act shall be subject to
HB2164 Enrolled -9- LRB9003592DPmgB
1 appeal by the affected parties. The Council shall determine
2 by rule persons who have standing to appeal final Council
3 decisions. All appeals of final Council decisions shall be
4 presented to and reviewed by the Council's administrative
5 hearing officer. An appeal of the administrative hearing
6 officer's decision will be subject to judicial review in
7 accordance with the Administrative Review Law.
8 The Council shall adopt rules relating to appeal
9 procedures that shall require the Council to deliver notice
10 of appeal to the affected parties within 30 days of receipt
11 of notice, require that the hearing be held within 180 days
12 of the filing of the petition unless good cause is shown for
13 the delay, and require that a final decision be issued no
14 later than 120 days following the close of the hearing. The
15 time restrictions in this subsection may be waived by mutual
16 agreement of the parties.
17 Section 25. Powers and duties of the Council.
18 (a) The Council shall have all of the general powers
19 reasonably necessary and convenient to carry out its purposes
20 and may perform the following functions, subject to any
21 express limitations contained in this Act:
22 (1) Take actions and enter into agreements
23 necessary to reimburse claimants for eligible remedial
24 action expenses, assist the Agency to protect the
25 environment from releases, reduce costs associated with
26 remedial actions, and establish and implement an
27 insurance program.
28 (2) Acquire and hold personal property to be used
29 for the purpose of remedial action.
30 (3) Purchase, construct, improve, furnish, equip,
31 lease, option, sell, exchange, or otherwise dispose of
32 one or more improvements under the terms it determines.
33 The Council may define "improvements" by rule for
HB2164 Enrolled -10- LRB9003592DPmgB
1 purposes of this Act.
2 (4) Grant a lien, pledge, assignment, or other
3 encumbrance on one or more revenues, assets of right,
4 accounts, or funds established or received in connection
5 with the Fund, including revenues derived from fees or
6 taxes collected under this Act.
7 (5) Contract for the acquisition or construction of
8 one or more improvements or parts of one or more
9 improvements or for the leasing, subleasing, sale, or
10 other disposition of one or more improvements in a manner
11 the Council determines.
12 (6) Cooperate with the Agency in the implementation
13 and administration of this Act to minimize unnecessary
14 duplication of effort, reporting, or paperwork and to
15 maximize environmental protection within the funding
16 limits of this Act.
17 (7) Except as otherwise provided by law, inspect
18 any document in the possession of an owner, operator,
19 service provider, or any other person if the document is
20 relevant to a claim for reimbursement under this Section
21 or may inspect a drycleaning facility for which a claim
22 for benefits under this Act has been submitted.
23 (b) The Council shall pre-approve, and the contracting
24 parties shall seek pre-approval for, a contract entered into
25 under this Act if the cost of the contract exceeds $75,000.
26 The Council or its designee shall review and approve or
27 disapprove all contracts entered into under this Act.
28 However, review by the Council or its designee shall not be
29 required when an emergency situation exists. All contracts
30 entered into by the Council shall be awarded on a
31 competitive basis to the maximum extent practical. In those
32 situations where it is determined that bidding is not
33 practical, the basis for the determination of
34 impracticability shall be documented by the Council or its
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1 designee.
2 (c) The Council may prioritize the expenditure of funds
3 from the remedial action account whenever it determines that
4 there are not sufficient funds to settle all current claims.
5 In prioritizing, the Council may consider the following:
6 (1) the degree to which human health is affected by
7 the exposure posed by the release;
8 (2) the reduction of risk to human health derived
9 from remedial action compared to the cost of the
10 remedial action;
11 (3) the present and planned uses of the impacted
12 property; and
13 (4) other factors as determined by the Council.
14 Section 30. Independent contractors retained by Council.
15 (a) A contract entered into to retain a person to act as
16 the administrator of the Fund shall be subject to public bid.
17 The Council may enter into a contract or an agreement
18 authorized under this Act with a person, the Agency, the
19 Department of Revenue, other departments, agencies, or
20 governmental subdivisions of this State, another state, or
21 the United States, in connection with its administration and
22 implementation of this Act.
23 (b) The Council may reimburse a public or private
24 contractor retained pursuant to this Section for expenses
25 incurred in the execution of a contract or agreement.
26 Reimbursable expenses include the costs of performing duties
27 or powers specifically delegated by the Council.
28 Section 35. Illinois Insurance Code exemptions. The Fund,
29 including but not limited to insurance coverage offered under
30 the insurance account, is not subject to the provisions of
31 the Illinois Insurance Code. Notwithstanding any other
32 provision of law, the Fund shall not be considered an
HB2164 Enrolled -12- LRB9003592DPmgB
1 insurance company or an insurer under the laws of this State
2 and shall not be a member of nor be entitled to a claim
3 against the Illinois Insurance Guaranty Fund.
4 Section 40. Remedial action account.
5 (a) The remedial action account is established to
6 provide reimbursement to eligible claimants for drycleaning
7 solvent investigation, remedial action planning, and remedial
8 action activities for existing drycleaning solvent
9 contamination discovered at their drycleaning facilities.
10 (b) The following persons are eligible for reimbursement
11 from the remedial action account:
12 (1) In the case of claimant who is the owner or
13 operator of an active drycleaning facility licensed by
14 the Council under this Act at the time of application for
15 remedial action benefits afforded under the Fund, the
16 claimant is only eligible for reimbursement of remedial
17 action costs incurred in connection with a release from
18 that drycleaning facility, subject to any other
19 limitations under this Act.
20 (2) In the case of a claimant who is the owner of
21 an inactive drycleaning facility and was the owner or
22 operator of the drycleaning facility when it was an
23 active drycleaning facility, the claimant is only
24 eligible for reimbursement of remedial action costs
25 incurred in connection with a release from the
26 drycleaning facility, subject to any other limitations
27 under this Act.
28 (c) An eligible claimant requesting reimbursement from
29 the remedial action account shall meet all of the following:
30 (1) The claimant demonstrates that the source of
31 the release is from the claimant's drycleaning facility.
32 (2) At the time the release was discovered by the
33 claimant, the claimant and the drycleaning facility were
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1 in compliance with the Agency reporting and technical
2 operating requirements.
3 (3) The claimant reported the release in a timely
4 manner to the Agency in accordance with State law.
5 (4) The claimant applying for reimbursement has not
6 filed for bankruptcy on or after the date of his or her
7 discovery of the release.
8 (5) If the claimant is the owner or operator of an
9 active drycleaning facility, the claimant has provided to
10 the Council proof of implementation and maintenance of
11 the following pollution prevention measures:
12 (A) That all drycleaning solvent wastes
13 generated at a drycleaning facility be managed in
14 accordance with applicable State waste management
15 laws and rules.
16 (B) A prohibition on the discharge of
17 wastewater from drycleaning machines or of
18 drycleaning solvent from drycleaning operations to a
19 sanitary sewer or septic tank or to the surface or
20 in groundwater.
21 (C) That every drycleaning facility:
22 (I) install a containment dike or other
23 containment structure around each machine or
24 item of equipment or the entire drycleaning
25 area in which any drycleaning solvent is
26 utilized, which shall be capable of containing
27 any leak, spill, or release of drycleaning
28 solvent from that machine, item, or area; and
29 (II) seal or otherwise render impervious
30 those portions of diked floor surfaces on which
31 a drycleaning solvent may leak, spill, or
32 otherwise be released.
33 (D) A requirement that all drycleaning solvent
34 shall be delivered to drycleaning facilities by
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1 means of closed, direct-coupled delivery systems.
2 (6) An active drycleaning facility has maintained
3 continuous financial assurance for environmental
4 liability coverage in the amount of at least $500,000 at
5 least since the date of award of benefits under this
6 Section or July 1, 1998, whichever is earlier.
7 (7) The release was discovered on or after July 1,
8 1997 and before July 1, 2002.
9 (d) A claimant shall submit a completed application form
10 provided by the Council. The application shall contain
11 documentation of activities, plans, and expenditures
12 associated with the eligible costs incurred in response to a
13 release of drycleaning solvent from a drycleaning facility.
14 Application for remedial action account benefits must be
15 submitted to the Council on or before June 30, 2002.
16 (e) Claimants shall be subject to the following
17 deductible requirements, unless modified pursuant to the
18 Council's authority under Section 75:
19 (1) An eligible claimant submitting a claim for an
20 active drycleaning facility is responsible for the first
21 $5,000 of eligible investigation costs and for the first
22 $10,000 of eligible remedial action costs incurred in
23 connection with the release from the drycleaning facility
24 and is only eligible for reimbursement for costs that
25 exceed those amounts, subject to any other limitations of
26 this Act.
27 (2) An eligible claimant submitting a claim for an
28 inactive drycleaning facility is responsible for the
29 first $10,000 of eligible investigation costs and for the
30 first $10,000 of eligible remedial action costs incurred
31 in connection with the release from that drycleaning
32 facility, and is only eligible for reimbursement for
33 costs that exceed those amounts, subject to any other
34 limitations of this Act.
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1 (f) Claimants are subject to the following limitations
2 on reimbursement:
3 (1) Subsequent to meeting the deductible
4 requirements of subsection (e), and pursuant to the
5 requirements of Section 75, reimbursement shall not
6 exceed:
7 (A) $160,000 per active drycleaning facility
8 for which an eligible claim is submitted during the
9 initial program year;
10 (B) $150,000 per active drycleaning facility
11 for which an eligible claim is submitted during the
12 program year beginning July 1, 1998;
13 (C) $140,000 per active drycleaning facility
14 for which an eligible claim is submitted during the
15 program year beginning July 1, 1999;
16 (D) $130,000 per active drycleaning facility
17 for which an eligible claim is submitted during the
18 program year beginning July 1, 2000;
19 (E) $120,000 per active drycleaning facility
20 for which an eligible claim is submitted during the
21 program year beginning July 1, 2001; or
22 (F) $50,000 per inactive drycleaning facility.
23 (2) A contract in which one of the parties to the
24 contract is a claimant, for goods or services that may be
25 payable or reimbursable from the Council, is void and
26 unenforceable unless and until the Council has found that
27 the contract terms are within the range of usual and
28 customary rates for similar or equivalent goods or
29 services within this State and has found that the goods
30 or services are necessary for the claimant to comply with
31 Council standards or other applicable regulatory
32 standards.
33 (3) A claimant may appoint the Council as an agent
34 for the purposes of negotiating contracts with suppliers
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1 of goods or services reimbursable by the Fund. The
2 Council may select another contractor for goods or
3 services other than the one offered by the claimant if
4 the scope of the proposed work or actual work of the
5 claimant's offered contractor does not reflect the
6 quality of workmanship required or if the costs are
7 determined to be excessive, as determined by the Council.
8 (4) The Council may require a claimant to obtain
9 and submit 3 bids and may require specific terms and
10 conditions in a contract subject to approval.
11 (5) The Council may enter into a contract or an
12 exclusive contract with the supplier of goods or services
13 required by a claimant or class of claimants, in
14 connection with an expense reimbursable from the Fund,
15 for a specified good or service at a gross maximum price
16 or fixed rate, and may limit reimbursement accordingly.
17 (6) Unless emergency conditions exist, a service
18 provider shall obtain the Council's approval of the
19 budget for the remediation work before commencing the
20 work. No expense incurred that is above the budgeted
21 amount shall be paid unless the Council approves the
22 expense prior to its being incurred. All invoices and
23 bills relating to the remediation work shall be submitted
24 with appropriate documentation, as deemed necessary by
25 the Council, not later than 30 days after the work has
26 been performed.
27 (7) Neither the Council nor an eligible claimant is
28 responsible for payment for costs incurred that have not
29 been previously approved by the Council, unless an
30 emergency exists.
31 (8) The Council may determine the usual and
32 customary costs of each item for which reimbursement may
33 be awarded under this Section. The Council may revise the
34 usual and customary costs from time to time as necessary,
HB2164 Enrolled -17- LRB9003592DPmgB
1 but costs submitted for reimbursement shall be subject to
2 the rates in effect at the time the costs were incurred.
3 (9) If a claimant has pollution liability insurance
4 coverage other than coverage provided by the insurance
5 account under this Act, that coverage shall be primary.
6 Reimbursement from the remedial account shall be limited
7 to the deductible amounts under the primary coverage and
8 the amount that exceeds the policy limits of the primary
9 coverage, subject to the deductible amounts of this Act.
10 If there is a dispute between the claimant and the
11 primary insurance provider, reimbursement from the
12 remedial action account may be made to the claimant after
13 the claimant assigns all of his or her interests in the
14 insurance coverage to the Council.
15 (g) The source of funds for the remedial action account
16 shall be moneys allocated to the account by the Council
17 according to the Fund budget approved by the Council.
18 (h) A drycleaning facility will be classified as active
19 or inactive for purposes of determining benefits under this
20 Section based on the status of the facility on the date a
21 claim is filed.
22 (i) Eligible claimants shall conduct remedial action in
23 accordance with the Site Remediation Program under the
24 Environmental Protection Act and Part 740 of Title 35 of the
25 Illinois Administrative Code and the Tiered Approach to
26 Cleanup Objectives under Part 742 of Title 35 of the Illinois
27 Administrative Code.
28 Section 45. Insurance account.
29 (a) The insurance account shall offer financial
30 assurance for a qualified owner or operator of a drycleaning
31 facility under the terms and conditions provided for under
32 this Section. Coverage may be provided to either the owner or
33 the operator of a drycleaning facility. The Council is not
HB2164 Enrolled -18- LRB9003592DPmgB
1 required to resolve whether the owner or operator, or both,
2 are responsible for a release under the terms of an agreement
3 between the owner and operator.
4 (b) The source of funds for the insurance account shall
5 be as follows:
6 (1) Moneys appropriated to the Council or moneys
7 allocated to the insurance account by the Council
8 according to the Fund budget approved by the Council.
9 (2) Moneys collected as an insurance premium,
10 including service fees, if any.
11 (3) Investment income attributed to the insurance
12 account by the Council.
13 (c) An owner or operator may purchase coverage of up to
14 $500,000 per drycleaning facility subject to the terms and
15 conditions under this Section and those adopted by the
16 Council. Coverage shall be limited to remedial action costs
17 associated with soil and groundwater contamination resulting
18 from a release of drycleaning solvent at an insured
19 drycleaning facility, including third-party liability for
20 soil and groundwater contamination. Coverage is not provided
21 for a release that occurred before the date of coverage.
22 (d) An owner or operator, subject to underwriting
23 requirements and terms and conditions deemed necessary and
24 convenient by the Council, may purchase insurance coverage
25 from the insurance account provided that the drycleaning
26 facility to be insured meets the following conditions:
27 (1) a site investigation designed to identify soil
28 and groundwater contamination resulting from the release
29 of a drycleaning solvent has been completed. The Council
30 shall determine if the site investigation is adequate.
31 This investigation must be completed by June 30, 2002.
32 For drycleaning facilities that become active after June
33 30, 2002, the site investigation must be completed prior
34 to issuance of insurance coverage; and
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1 (2) the drycleaning facility is participating in
2 and meets all requirements of a drycleaning compliance
3 program approved by the Council.
4 (e) The annual premium for insurance coverage shall be:
5 (1) For the initial program year, $250 per
6 drycleaning facility.
7 (2) For the year July 1, 1998 through June 30,
8 1999, $375 per drycleaning facility.
9 (3) For the year July 1, 1999 through June 30,
10 2000, $500 per drycleaning facility.
11 (4) For the year July 1, 2000 through June 30,
12 2001, $625 per drycleaning facility.
13 (5) For subsequent years, an owner or operator
14 applying for coverage shall pay an annual
15 actuarially-sound insurance premium for coverage by the
16 insurance account. The Council may approve Fund coverage
17 through the payment of a premium established on an
18 actuarially-sound basis, taking into consideration the
19 risk to the insurance account presented by the insured.
20 Risk factor adjustments utilized to determine
21 actuarially-sound insurance premiums should reflect the
22 range of risk presented by the variety of drycleaning
23 systems, monitoring systems, drycleaning volume, risk
24 management practices, and other factors as determined by
25 the Council. As used in this item, "actuarially sound" is
26 not limited to Fund premium revenue equaling or exceeding
27 Fund expenditures for the general drycleaning facility
28 population. Actuarially-determined premiums shall be
29 published at least 180 days prior to the premiums
30 becoming effective.
31 (f) If coverage is purchased for any part of a year, the
32 purchaser shall pay the full annual premium. The insurance
33 premium is fully earned upon issuance of the insurance
34 policy.
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1 (g) The insurance coverage shall be provided with a
2 $10,000 deductible policy.
3 (h) A future repeal of this Section shall not terminate
4 the obligations under this Section or authority necessary to
5 administer the obligations until the obligations are
6 satisfied, including but not limited to the payment of claims
7 filed prior to the effective date of any future repeal
8 against the insurance account until moneys in the account are
9 exhausted. Upon exhaustion of the moneys in the account, any
10 remaining claims shall be invalid. If moneys remain in the
11 account following satisfaction of the obligations under this
12 Section, the remaining moneys and moneys due the account
13 shall be used to assist current insureds to obtain a viable
14 insuring mechanism as determined by the Council after public
15 notice and opportunity for comment.
16 Section 50. Cost recovery; enforcement.
17 (a) The Council may seek recovery from a potentially
18 responsible party liable for a release that is the subject of
19 a remedial action and for which the Fund has expended moneys
20 for remedial action. The amount of recovery sought by the
21 Council shall be equal to all moneys expended by the Fund for
22 and in connection with the remediation, including but not
23 limited to reasonable attorneys fees and costs of litigation
24 expended by the Fund in connection with the release.
25 (b) Except as provided in subsections (c) and (d):
26 (1) The Council shall not seek recovery for
27 expenses in connection with remedial action for a release
28 from a claimant eligible for reimbursement except for any
29 unpaid portion of the deductible.
30 (2) A claimant's liability for a release for which
31 coverage is admitted under the insurance account shall
32 not exceed the amount of the deductible, subject to the
33 limits of insurance coverage.
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1 (c) Notwithstanding subsection (b), the liability of a
2 claimant to the Fund shall be the total costs of remedial
3 action incurred by the Fund, as specified in subsection (a),
4 if the claimant has not complied with the Environmental
5 Protection Act and its rules or with this Act and its rules.
6 (d) Notwithstanding subsection (b), the liability of a
7 claimant to the Fund shall be the total costs of remedial
8 action incurred by the Fund, as specified in subsection (a),
9 if the claimant received reimbursement from the Fund through
10 misrepresentation or fraud, and the claimant shall be liable
11 for the amount of the reimbursement.
12 (e) Upon reimbursement by the Fund for remedial action
13 under this Act, the rights of the claimant to recover payment
14 from a potentially responsible party are assumed by the
15 Council to the extent the remedial action was paid by the
16 Fund. A claimant is precluded from receiving double
17 compensation for the same injury. A claimant may elect to
18 permit the Council to pursue the claimant's cause of action
19 for an injury not compensated by the Fund against a
20 potentially responsible party, provided the Attorney General
21 or his or her designee determines the representation would
22 not be a conflict of interest.
23 (f) This Section does not preclude, limit, or in any way
24 affect any of the provisions of or causes of action pursuant
25 to Section 22.2 of the Environmental Protection Act.
26 Section 55. Limitation on actions; admissions.
27 (a) An award or reimbursement made by the Council under
28 this Act shall be the claimant's exclusive method for the
29 recovery of the costs of drycleaning facility remediation.
30 (b) If a person conducts a remedial action activity for
31 a release at a drycleaning facility site, whether or not the
32 person files a claim under this Act, the claim and remedial
33 action activity conducted are not evidence of liability or
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1 an admission of liability for any potential or actual
2 environmental pollution or damage.
3 Section 60. Drycleaning facility license.
4 (a) On and after January 1, 1998, no person shall
5 operate a drycleaning facility in this State without a
6 license issued by the Council.
7 (b) The Council shall issue an initial or renewal
8 license to a drycleaning facility on submission by an
9 applicant of a completed form prescribed by the Council and
10 proof of payment of the required fee to the Department of
11 Revenue.
12 (c) The annual fees for licensure are as follows:
13 (1) $500 for a facility that purchases 140 gallons
14 or less of chlorine-based drycleaning solvents annually
15 or 1400 gallons or less of hydrocarbon-based drycleaning
16 solvents annually.
17 (2) $1,000 for a facility that purchases more than
18 140 gallons but less than 360 gallons of chlorine-based
19 drycleaning solvents annually or more than 1400 gallons
20 but less than 3600 gallons of hydrocarbon-based
21 drycleaning solvents annually.
22 (3) $1,500 for a facility that purchases 360
23 gallons or more of chlorine-based drycleaning solvents
24 annually or 3600 gallons or more of hydrocarbon-based
25 drycleaning solvents annually.
26 For purpose of this subsection, the quantity of
27 drycleaning solvents purchased annually shall be determined
28 as follows:
29 (1) in the case of an initial applicant, the
30 quantity of drycleaning solvents that the applicant
31 estimates will be used during his or her initial license
32 year. A fee assessed under this subdivision is subject to
33 audited adjustment for that year; or
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1 (2) in the case of a renewal applicant, the
2 quantity of drycleaning solvents actually used in the
3 preceding license year.
4 The Council may adjust licensing fees annually based on
5 the published Consumer Price Index - All Urban Consumers
6 ("CPI-U") or as otherwise determined by the Council.
7 (d) A license issued under this Section shall expire one
8 year after the date of issuance and may be renewed on
9 reapplication to the Council and submission of proof of
10 payment of the appropriate fee to the Department of Revenue
11 in accordance with subsections (c) and (e). At least 30 days
12 before payment of a renewal licensing fee is due, the Council
13 shall attempt to:
14 (1) notify the operator of each licensed
15 drycleaning facility concerning the requirements of this
16 Section; and
17 (2) submit a license fee payment form to the
18 licensed operator of each drycleaning facility.
19 (e) An operator of a drycleaning facility shall submit
20 the appropriate application form provided by the Council with
21 the license fee in the form of cash or guaranteed remittance
22 to the Department of Revenue. The license fee payment form
23 and the actual license fee payment shall be administered by
24 the Department of Revenue under rules adopted by that
25 Department.
26 (f) The Department of Revenue shall issue a proof of
27 payment receipt to each operator of a drycleaning facility
28 who has paid the appropriate fee in cash or by guaranteed
29 remittance. However, the Department of Revenue shall not
30 issue a proof of payment receipt to a drycleaning facility
31 that is liable to the Department of Revenue for a tax imposed
32 under this Act. The original receipt shall be presented to
33 the Council by the operator of a drycleaning facility.
34 (g) An operator of a dry cleaning facility who is
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1 required to pay a license fee under this Act and fails to pay
2 the license fee when the fee is due shall be assessed a
3 penalty of $5 for each day after the license fee is due and
4 until the license fee is paid.
5 (h) The Council and the Department of Revenue may adopt
6 rules as necessary to administer the licensing requirements
7 of this Act.
8 Section 65. Drycleaning solvent tax.
9 (a) On and after January 1, 1998, a tax is imposed upon
10 the use of drycleaning solvent by a person engaged in the
11 business of operating a drycleaning facility in this State at
12 the rate of $3.50 per gallon of perchloroethylene or other
13 chlorinated drycleaning solvents used in drycleaning
14 operations and $0.35 per gallon of petroleum-based
15 drycleaning solvent. The Council shall determine by rule
16 which products are chlorine-based solvents and which
17 products are petroleum-based solvents. All drycleaning
18 solvents shall be considered chlorinated solvents unless the
19 Council determines that the solvents are petroleum-based
20 drycleaning solvents subject to the lower tax.
21 (b) The tax imposed by this Act shall be collected from
22 the purchaser at the time of sale by a seller of drycleaning
23 solvents maintaining a place of business in this State and
24 shall be remitted to the Department of Revenue under the
25 provisions of this Act.
26 (c) The tax imposed by this Act that is not collected by
27 a seller of drycleaning solvents shall be paid directly to
28 the Department of Revenue by the purchaser or end user who is
29 subject to the tax imposed by this Act.
30 (d) No tax shall be imposed upon the use of drycleaning
31 solvent if the drycleaning solvent will not be used in a
32 drycleaning facility or if a floor stock tax has been imposed
33 and paid on the drycleaning solvent. Prior to the purchase
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1 of the solvent, the purchaser shall provide a written and
2 signed certificate to the drycleaning solvent seller stating:
3 (1) the name and address of the purchaser;
4 (2) the purchaser's signature and date of signing;
5 and
6 (3) one of the following:
7 (A) that the drycleaning solvent will not be
8 used in a drycleaning facility; or
9 (B) that a floor stock tax has been imposed
10 and paid on the drycleaning solvent.
11 A person who provides a false certification under this
12 subsection shall be liable for a civil penalty not to exceed
13 $500 for a first violation and a civil penalty not to exceed
14 $5,000 for a second or subsequent violation.
15 (e) On January 1, 1998, there is imposed on each
16 operator of a drycleaning facility a tax on drycleaning
17 solvent held by the operator on that date for use in a
18 drycleaning facility. The tax imposed shall be the tax that
19 would have been imposed under subsection (a) if the
20 drycleaning solvent held by the operator on that date had
21 been purchased by the operator during the first year of this
22 Act.
23 (f) On or before the 25th day of the 1st month following
24 the end of the calendar quarter, a seller of drycleaning
25 solvents who has collected a tax pursuant to this Section
26 during the previous calendar quarter, or a purchaser or end
27 user of drycleaning solvents required under subsection (c) to
28 submit the tax directly to the Department, shall file a
29 return with the Department of Revenue. The return shall be
30 filed on a form prescribed by the Department of Revenue and
31 shall contain information that the Department of Revenue
32 reasonably requires. Each seller of drycleaning solvent
33 maintaining a place of business in this State who is required
34 or authorized to collect the tax imposed by this Act shall
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1 pay to the Department the amount of the tax at the time when
2 he or she is required to file his or her return for the
3 period during which the tax was collected. Purchasers or end
4 users remitting the tax directly to the Department under
5 subsection (c) shall file a return with the Department of
6 Revenue and pay the tax so incurred by the purchaser or end
7 user during the preceding calendar quarter.
8 (g) The tax on drycleaning solvents used in drycleaning
9 facilities and the floor stock tax shall be administered by
10 Department of Revenue under rules adopted by that Department.
11 (h) On and after January 1, 1998, no person shall
12 knowingly sell or transfer drycleaning solvent to an operator
13 of a drycleaning facility that is not licensed by the Council
14 under Section 60. A person who violates this subsection is
15 liable for a civil penalty not to exceed $500 for a first
16 violation and a civil penalty not to exceed $5,000 for a
17 second or subsequent violation.
18 (i) The Department of Revenue may adopt rules as
19 necessary to implement this Section.
20 Section 67. Certification of registration. On and after
21 January 1, 1998, no person shall engage in the business of
22 selling drycleaning solvents in this State without a
23 certificate of registration issued by the Department of
24 Revenue. A person, officer or director of a corporation,
25 partner or member of a partnership, or manager or member of a
26 limited liability company who engages in the business of
27 selling drycleaning solvents in this State without a
28 certificate of registration issued by the Department of
29 Revenue is guilty of a Class A misdemeanor. A person,
30 manager or member of a limited liability company, officer or
31 director of a corporation, or partner or member of a
32 partnership who engages in the business of selling
33 drycleaning solvents in this State after the certificate of
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1 registration has been revoked is guilty of a Class A
2 misdemeanor. Each day that the person, officer or director
3 of the corporation, manager or member of the limited
4 liability company, or partner or member of the partnership is
5 engaged in business without a certificate of registration, or
6 after the certification of registration has been revoked,
7 constitutes a separate offense.
8 A purchaser who obtains a registration number or resale
9 number from the Department of Revenue through
10 misrepresentation, who represents to a seller that the
11 purchaser has a registration number or a resale number from
12 the Department of Revenue when he or she knows that he or she
13 does not have the number, or who knowingly uses his or her
14 registration number or resale number to make a seller believe
15 that he or she is buying drycleaning solvents for resale when
16 the purchaser in fact knows that is not the purpose of the
17 purchase, is guilty of a Class 4 felony.
18 Section 68. Incorporation by reference. All of the
19 provisions of Sections 2a and 2b of the Retailers' Occupation
20 Tax Act shall apply to persons in the business of selling
21 drycleaning solvents in this State to the same extent as if
22 those Sections were included in this Act. All of the
23 provisions of Section 4 (except that the time limitation
24 provision shall run from the date when the tax is due rather
25 than from the date when gross receipts are received), Section
26 5 (except that the time limitation provisions on the issuance
27 of notices of tax liability shall run from the date when the
28 tax is due rather than from the date when gross receipts are
29 received), 5a, 5b, 5c, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7,
30 8, 9, 10, 11, 11a, and 12 of the Retailers' Occupation Tax
31 Act, Sections 3-45, 9, and 10 of the Use Tax Act, and all
32 applicable provisions of the Uniform Penalty and Interest Act
33 that are not inconsistent with the Act, shall apply to
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1 sellers of drycleaning solvents and operators of drycleaning
2 facilities to the same extent as if those provisions were
3 included in this Act. Reference in the incorporated Sections
4 of the Retailers' Occupation Tax Act to retailers, sellers,
5 or persons engaged in the business of selling tangible
6 personal property shall mean sellers of drycleaning solvents
7 when used in this Act. Reference in the incorporated
8 Sections to sales of tangible personal property shall mean
9 sales of drycleaning solvents when used in this Act.
10 Section 70. Deposit of fees and taxes. All license fees
11 and taxes collected by the Department of Revenue under this
12 Act shall be deposited into the Fund, less 4% of the moneys
13 collected which shall be deposited by the State Treasurer
14 into the Tax Compliance and Administration Fund and shall be
15 used, subject to appropriation, by the Department of Revenue
16 to cover the costs of the Department in collecting the
17 license fees and taxes under this Act, and less an amount
18 sufficient to provide refunds under this Act.
19 Section 75. Adjustment of fees and taxes. Beginning
20 January 1, 1999, and annually after that date, the Council
21 shall adjust the copayment obligation of subsection (e) of
22 Section 40, the drycleaning solvent taxes of Section 65, the
23 license fees of Section 60, or any combination of adjustment
24 of each, after notice and opportunity for public comment, in
25 a manner determined necessary and appropriate to ensure
26 viability of the Fund. Viability of the Fund shall consider
27 the settlement of all current claims subject to
28 prioritization of benefits under subsection (c) of Section
29 25, consistent with the purposes of this Act.
30 Section 80. Audits and reports.
31 (a) The accounts, books, and other financial records of
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1 the Council, including but not limited to its receipts,
2 disbursements, contracts, and other matters relating to its
3 finance, operation, and affairs, shall be examined and
4 audited annually by the Auditor General in accordance with
5 the audit standards under the Illinois State Auditing Act.
6 This audit shall be provided to the Agency for review.
7 (b) Upon request by the Auditor General, the Agency
8 shall retain a firm of certified public accountants to
9 examine and audit the Council as described in subsection (a)
10 on behalf of the Auditor General.
11 (c) The accounts, books, and other financial records of
12 the Council shall be maintained in accordance with the State
13 Records Act and accepted accounting practices established by
14 the State.
15 Section 85. Repeal of fee and tax provisions. Sections 60
16 and 65 of this Act are repealed on July 1, 2007.
17 Section 150. The State Finance Act is amended by adding
18 Section 5.449 as follows:
19 (30 ILCS 105/5.449 new)
20 Sec. 5.449. The Drycleaner Environmental Response Trust
21 Fund.
22 Section 200. The Illinois Insurance Code is amended by
23 adding Section 2.5 as follows:
24 (215 ILCS 5/2.5 new)
25 Sec. 2.5. Exemption. This Code shall not be construed to
26 apply to the administration of the Drycleaner Environmental
27 Response Trust Fund under the Drycleaner Environmental
28 Response Trust Fund Act.
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1 Section 250. The Environmental Protection Act is amended
2 by changing Sections 3.45, 22.23a, and 44 and adding Section
3 22.48 as follows:
4 (415 ILCS 5/3.45) (from Ch. 111 1/2, par. 1003.45)
5 Sec. 3.45. Special waste. "Special waste" means any of
6 the following:
7 (a) potentially infectious medical waste;
8 (b) hazardous waste, as determined in conformance with
9 RCRA hazardous waste determination requirements set forth in
10 Section 722.111 of Title 35 of the Illinois Administrative
11 Code, including a residue from burning or processing
12 hazardous waste in a boiler or industrial furnace unless the
13 residue has been tested in accordance with Section 726.212 of
14 Title 35 of the Illinois Administrative Code and proven to be
15 nonhazardous;
16 (c) industrial process waste or pollution control waste,
17 except:
18 (1) any such waste certified by its generator,
19 pursuant to Section 22.48 of this Act, not to be any of
20 the following:
21 (A) a liquid, as determined using the paint
22 filter test set forth in subdivision (3)(A) of
23 subsection (m) of Section 811.107 of Title 35 of the
24 Illinois Administrative Code;
25 (B) regulated asbestos-containing waste
26 materials, as defined under the National Emission
27 Standards for Hazardous Air Pollutants in 40 CFR
28 Section 61.141;
29 (C) polychlorinated biphenyls (PCB's)
30 regulated pursuant to 40 CFR Part 761;
31 (D) an industrial process waste or pollution
32 control waste subject to the waste analysis and
33 recordkeeping requirements of Section 728.107 of
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1 Title 35 of the Illinois Administrative Code under
2 the land disposal restrictions of Part 728 of Title
3 35 of the Illinois Administrative Code; and
4 (E) a waste material generated by processing
5 recyclable metals by shredding and required to be
6 managed as a special waste under Section 22.29 of
7 this Act;
8 (2) any empty portable device or container,
9 including but not limited to a drum, in which a special
10 waste has been stored, transported, treated, disposed of,
11 or otherwise handled, provided that the generator has
12 certified that the device or container is empty and does
13 not contain a liquid, as determined pursuant to item (A)
14 of subdivision (1) of this subsection. For purposes of
15 this subdivision, "empty portable device or container"
16 means a device or container in which removal of special
17 waste, except for a residue that shall not exceed one
18 inch in thickness, has been accomplished by a practice
19 commonly employed to remove materials of that type. An
20 inner liner used to prevent contact between the special
21 waste and the container shall be removed and managed as a
22 special waste; or
23 (3) as may otherwise be determined under Section
24 22.9 of this Act. industrial process waste, pollution
25 control waste or hazardous waste, except as may be
26 determined pursuant to Section 22.9 of this Act.
27 "Special waste" also means any potentially infectious
28 medical waste.
29 "Special waste" does not mean fluorescent and high
30 intensity discharge lamps as defined in subsection (a) of
31 Section 22.23a 22.23a(a) of this Act, waste that is managed
32 in accordance with the universal waste requirements set forth
33 in Title 35 of the Illinois Administrative Code, Subtitle G,
34 Chapter I, Subchapter c, Part 733, or waste that is subject
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1 to rules adopted pursuant to subsection (c)(2) of Section
2 22.23a of this Act.
3 (Source: P.A. 89-619, eff. 1-1-97.)
4 (415 ILCS 5/22.23a)
5 Sec. 22.23a. Fluorescent and high intensity discharge
6 lamps.
7 (a) As used in this Section, "fluorescent or high
8 intensity discharge lamp" means a lighting device that
9 contains mercury and generates light through the discharge of
10 electricity either directly or indirectly through a
11 fluorescent coating, including a mercury vapor, high pressure
12 sodium, or metal halide lamp containing mercury, lead, or
13 cadmium.
14 (b) No person may knowingly cause or allow the disposal
15 of any fluorescent or high intensity discharge lamp in any
16 municipal waste incinerator beginning July 1, 1997. This
17 Section does not apply to lamps generated by households.
18 (c) (1) Hazardous fluorescent and high intensity
19 discharge lamps are hereby designated as a category of
20 universal waste subject to the streamlined hazardous
21 waste rules set forth in Title 35 of the Illinois
22 Administrative Code, Subtitle G, Chapter I, Subchapter c,
23 Part 733 ("Part 733"). Within 60 days of the effective
24 date of this amendatory Act of 1997 the Agency shall
25 propose, and within 180 days of receipt of the Agency's
26 proposal the Board shall adopt, rules that reflect this
27 designation and that prescribe procedures and standards
28 for the management of hazardous fluorescent and high
29 intensity discharge lamps as universal waste. By December
30 31, 1997, the Board shall seek authorization from the
31 United States Environmental Protection Agency to include
32 hazardous fluorescent and high intensity discharge lamps
33 as a category of universal waste subject to the
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1 streamlined hazardous waste regulations set forth in
2 Title 35 of the Illinois Administrative Code, Subtitle G,
3 Chapter I, Subchapter c, Part 733. If the United States
4 Environmental Protection Agency authorizes the addition,
5 within 180 days of that authorization, the Agency shall
6 propose and the Board shall amend its rules to designate
7 hazardous fluorescent and high intensity discharge lamps
8 as universal waste subject to the streamlined
9 regulations.
10 (2) If the United States Environmental Protection
11 Agency adopts streamlined hazardous waste regulations
12 pertaining to the management of fluorescent and high
13 intensity discharge lamps, or otherwise exempts those
14 lamps from regulation as hazardous waste before
15 authorization is provided under subsection (c)(1), as an
16 alternative to adopting a rule as provided for under
17 subsection (c)(1), the Board shall adopt an equivalent
18 rule in accordance with Section 7.2 of this Act within
19 180 days of adoption of the federal regulation. The
20 equivalent Board rule may serve as an alternative to the
21 rules adopted under subdivision (1) of this subsection.
22 (d) Until the Board adopts rules pursuant to subsection
23 (c), fluorescent and high intensity discharge lamps shall be
24 managed in accordance with existing laws and regulations or
25 under the following conditions:
26 (1) after being removed from service, the generator
27 stores the lamps in a safe manner that minimizes the
28 chance of breakage;
29 (2) no lamps are stored longer than 6 months from
30 the time they are removed from service;
31 (3) the generator delivers the lamps to a licensed
32 hauler that will deliver the lamps to a recycler; and
33 (4) the lamps are transported in a safe manner that
34 minimizes the chance of breakage.
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1 (e) The Agency shall study the problem associated with
2 used fluorescent and high intensity discharge lamps that are
3 processed or disposed of as part of mixed solid waste, and
4 shall identify possible collection and recycling systems for
5 used fluorescent and high intensity discharge lamps. The
6 Agency shall report its findings to the General Assembly and
7 the Governor by January 1, 1998.
8 (Source: P.A. 89-619, eff. 1-1-97.)
9 (415 ILCS 5/22.48 new)
10 Sec. 22.48. Non-special waste certification; effect on
11 permit.
12 (a) An industrial process waste or pollution control
13 waste not within the exception set forth in subdivision (2)
14 of subsection (c) of Section 3.45 of this Act must be managed
15 as special waste unless the generator first certifies in a
16 signed, dated, written statement that the waste is outside
17 the scope of the categories listed in subdivision (1) of
18 subsection (c) of Section 3.45 of this Act.
19 (b) All information used to determine that the waste is
20 not a special waste shall be attached to the certification.
21 The information shall include but not be limited to:
22 (1) the means by which the generator has determined
23 that the waste is not a hazardous waste;
24 (2) the means by which the generator has determined
25 that the waste is not a liquid;
26 (3) if the waste undergoes testing, the analytic
27 results obtained from testing, signed and dated by the
28 person responsible for completing the analysis;
29 (4) if the waste does not undergo testing, an
30 explanation as to why no testing is needed;
31 (5) a description of the process generating the
32 waste; and
33 (6) relevant Material Data Safety Sheets.
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1 (c) Certification made pursuant to this Section shall be
2 effective from the date signed until there is a change in the
3 generator, in the raw materials used, or in the process
4 generating the waste.
5 (d) Certification made pursuant to this Section, with
6 the requisite attachments, shall be maintained by the
7 certifying generator while effective and for at least 3 years
8 following a change in the generator, a change in the raw
9 materials used, or a change in or termination of the process
10 generating the waste. The generator shall provide a copy of
11 the certification, upon request by the Agency, the waste
12 hauler, or the operator of the facility receiving the waste
13 for storage, treatment, or disposal, to the party requesting
14 the copy. If the Agency believes that the waste that is the
15 subject of the certification has been inaccurately certified
16 to, the Agency may require the generator to analytically test
17 the waste for the constituent believed to be present and
18 provide the Agency with a copy of the analytic results.
19 (e) A person who knowingly and falsely certifies that a
20 waste is not special waste is subject to the penalties set
21 forth in subdivision (6) of subsection (h) of Section 44 of
22 this Act.
23 (f) To the extent that a term or condition of an
24 existing permit requires the permittee to manage as special
25 waste a material that is made a non-special waste under this
26 amendatory Act of 1997, that term or condition is hereby
27 superseded, and the permittee may manage that material as a
28 non-special waste, even if the material is identified in the
29 permit as part of a particular waste stream rather than
30 identified specifically as a special waste.
31 (415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
32 Sec. 44. Crimes; penalties.
33 (a) Except as otherwise provided in this Section, it
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1 shall be a Class A misdemeanor to violate this Act or
2 regulations thereunder, or any permit or term or condition
3 thereof, or knowingly to submit any false information under
4 this Act or regulations adopted thereunder, or under any
5 permit or term or condition thereof. A court may, in addition
6 to any other penalty herein imposed, order a person convicted
7 of open dumping of construction debris under this Act to
8 perform community service for not less than 50 hours and not
9 more than 300 hours if community service is available in the
10 jurisdiction. It shall be the duty of all State and local
11 law-enforcement officers to enforce such Act and regulations,
12 and all such officers shall have authority to issue citations
13 for such violations.
14 (b) Calculated Criminal Disposal of Hazardous Waste.
15 (1) A person commits the offense of Calculated
16 Criminal Disposal of Hazardous Waste when, without lawful
17 justification, he knowingly disposes of hazardous waste
18 while knowing that he thereby places another person in
19 danger of great bodily harm or creates an immediate or
20 long-term danger to the public health or the environment.
21 (2) Calculated Criminal Disposal of Hazardous Waste
22 is a Class 2 felony. In addition to any other penalties
23 prescribed by law, a person convicted of the offense of
24 Calculated Criminal Disposal of Hazardous Waste is
25 subject to a fine not to exceed $500,000 for each day of
26 such offense.
27 (c) Criminal Disposal of Hazardous Waste.
28 (1) A person commits the offense of Criminal
29 Disposal of Hazardous Waste when, without lawful
30 justification, he knowingly disposes of hazardous waste.
31 (2) Criminal Disposal of Hazardous Waste is a Class
32 3 felony. In addition to any other penalties prescribed
33 by law, a person convicted of the offense of Criminal
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1 Disposal of Hazardous Waste is subject to a fine not to
2 exceed $250,000 for each day of such offense.
3 (d) Unauthorized Use of Hazardous Waste.
4 (1) A person commits the offense of Unauthorized
5 Use of Hazardous Waste when he, being required to have a
6 permit or license under this Act or any other law
7 regulating the treatment, transportation, or storage of
8 hazardous waste, knowingly:
9 (A) treats, transports, or stores any
10 hazardous waste without such permit or license;
11 (B) treats, transports, or stores any
12 hazardous waste in violation of the terms and
13 conditions of such permit or license;
14 (C) transports any hazardous waste to a
15 facility which does not have a permit or license
16 required under this Act; or
17 (D) transports any hazardous waste without
18 having on his person such permit or license.
19 (2) A person who is convicted of a violation of
20 subdivision (1)(A), (1)(B) or (1)(C) of this subsection
21 is guilty of a Class 4 felony. A person who is convicted
22 of a violation of subdivision (1)(D) is guilty of a Class
23 A misdemeanor. In addition to any other penalties
24 prescribed by law, a person convicted of violating
25 subdivision (1)(A), (1)(B) or (1)(C) is subject to a fine
26 not to exceed $100,000 for each day of such violation,
27 and a person who is convicted of violating subdivision
28 (1)(D) is subject to a fine not to exceed $1,000.
29 (e) Unlawful Delivery of Hazardous Waste.
30 (1) Except as authorized by this Act or the federal
31 Resource Conservation and Recovery Act, and the
32 regulations promulgated thereunder, it is unlawful for
33 any person to knowingly deliver hazardous waste.
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1 (2) Unlawful Delivery of Hazardous Waste is a Class
2 3 felony. In addition to any other penalties prescribed
3 by law, a person convicted of the offense of Unlawful
4 Delivery of Hazardous Waste is subject to a fine not to
5 exceed $250,000 for each such violation.
6 (3) For purposes of this Section, "deliver" or
7 "delivery" means the actual, constructive, or attempted
8 transfer of possession of hazardous waste, with or
9 without consideration, whether or not there is an agency
10 relationship.
11 (f) Reckless Disposal of Hazardous Waste.
12 (1) A person commits Reckless Disposal of Hazardous
13 Waste if he disposes of hazardous waste, and his acts
14 which cause the hazardous waste to be disposed of,
15 whether or not those acts are undertaken pursuant to or
16 under color of any permit or license, are performed with
17 a conscious disregard of a substantial and unjustifiable
18 risk that such disposing of hazardous waste is a gross
19 deviation from the standard of care which a reasonable
20 person would exercise in the situation.
21 (2) Reckless Disposal of Hazardous Waste is a Class
22 4 felony. In addition to any other penalties prescribed
23 by law, a person convicted of the offense of Reckless
24 Disposal of Hazardous Waste is subject to a fine not to
25 exceed $50,000 for each day of such offense.
26 (g) Concealment of Criminal Disposal of Hazardous Waste.
27 (1) A person commits the offense of Concealment of
28 Criminal Disposal of Hazardous Waste when he conceals,
29 without lawful justification, the disposal of hazardous
30 waste with the knowledge that such hazardous waste has
31 been disposed of in violation of this Act.
32 (2) Concealment of Criminal Disposal of a Hazardous
33 Waste is a Class 4 felony. In addition to any other
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1 penalties prescribed by law, a person convicted of the
2 offense of Concealment of Criminal Disposal of Hazardous
3 Waste is subject to a fine not to exceed $50,000 for each
4 day of such offense.
5 (h) Violations; False Statements.
6 (1) Any person who knowingly makes a false material
7 statement in an application for a permit or license
8 required by this Act to treat, transport, store, or
9 dispose of hazardous waste commits the offense of perjury
10 and shall be subject to the penalties set forth in
11 Section 32-2 of the Criminal Code of 1961.
12 (2) Any person who knowingly makes a false material
13 statement or representation in any label, manifest,
14 record, report, permit or license, or other document
15 filed, maintained or used for the purpose of compliance
16 with this Act in connection with the generation,
17 disposal, treatment, storage, or transportation of
18 hazardous waste commits a Class 4 felony. A second or
19 any subsequent offense after conviction hereunder is a
20 Class 3 felony.
21 (3) Any person who knowingly destroys, alters or
22 conceals any record required to be made by this Act in
23 connection with the disposal, treatment, storage, or
24 transportation of hazardous waste, commits a Class 4
25 felony. A second or any subsequent offense after a
26 conviction hereunder is a Class 3 felony.
27 (4) Any person who knowingly makes a false material
28 statement or representation in any application, bill,
29 invoice, or other document filed, maintained, or used for
30 the purpose of receiving money from the Underground
31 Storage Tank Fund commits a Class 4 felony. A second or
32 any subsequent offense after conviction hereunder is a
33 Class 3 felony.
34 (5) Any person who knowingly destroys, alters, or
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1 conceals any record required to be made or maintained by
2 this Act or required to be made or maintained by Board or
3 Agency rules for the purpose of receiving money from the
4 Underground Storage Tank Fund commits a Class 4 felony. A
5 second or any subsequent offense after a conviction
6 hereunder is a Class 3 felony.
7 (6) A person who knowingly and falsely certifies
8 under Section 22.48 that an industrial process waste or
9 pollution control waste is not special waste commits a
10 Class 4 felony for a first offense and commits a Class 3
11 felony for a second or subsequent offense.
12 (7) In addition to any other penalties prescribed
13 by law, a person convicted of violating this subsection
14 (h) is subject to a fine not to exceed $50,000 for each
15 day of such violation.
16 (i) Verification.
17 (1) Each application for a permit or license to
18 dispose of, transport, treat, store or generate hazardous
19 waste under this Act shall contain an affirmation that
20 the facts are true and are made under penalty of perjury
21 as defined in Section 32-2 of the Criminal Code of 1961.
22 It is perjury for a person to sign any such application
23 for a permit or license which contains a false material
24 statement, which he does not believe to be true.
25 (2) Each request for money from the Underground
26 Storage Tank Fund shall contain an affirmation that the
27 facts are true and are made under penalty of perjury as
28 defined in Section 32-2 of the Criminal Code of 1961. It
29 is perjury for a person to sign any request that contains
30 a false material statement that he does not believe to be
31 true.
32 (j) Violations of Other Provisions.
33 (1) It is unlawful for a person knowingly to
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1 violate:
2 (A) subsection (f) of Section 12 of this Act;
3 (B) subsection (g) of Section 12 of this Act;
4 (C) any term or condition of any Underground
5 Injection Control (UIC) permit;
6 (D) any filing requirement, regulation, or
7 order relating to the State Underground Injection
8 Control (UIC) program;
9 (E) any provision of any regulation, standard,
10 or filing requirement under subsection (b) of
11 Section 13 of this Act;
12 (F) any provision of any regulation, standard,
13 or filing requirement under subsection (b) of
14 Section 39 of this Act;
15 (G) any National Pollutant Discharge
16 Elimination System (NPDES) permit issued under this
17 Act or any term or condition of such permit;
18 (H) subsection (h) of Section 12 of this Act;
19 (I) subsection 6 of Section 39.5 of this Act;
20 or
21 (J) any provision of any regulation, standard
22 or filing requirement under Section 39.5 of this
23 Act; or.
24 (K) a provision of the Procedures for Asbestos
25 Emission Control in subsection (c) of Section 61.145
26 of Title 40 of the Code of Federal Regulations.
27 (2) A person convicted of a violation of
28 subdivision (1) of this subsection commits a Class 4
29 felony, and in addition to any other penalty prescribed
30 by law is subject to a fine not to exceed $25,000 for
31 each day of such violation.
32 (3) A person who negligently violates the following
33 shall be subject to a fine not to exceed $10,000 for each
34 day of such violation:
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1 (A) subsection (f) of Section 12 of this Act;
2 (B) subsection (g) of Section 12 of this Act;
3 (C) any provision of any regulation, standard,
4 or filing requirement under subsection (b) of
5 Section 13 of this Act;
6 (D) any provision of any regulation, standard,
7 or filing requirement under subsection (b) of
8 Section 39 of this Act;
9 (E) any National Pollutant Discharge
10 Elimination System (NPDES) permit issued under this
11 Act;
12 (F) subsection 6 of Section 39.5 of this Act;
13 or
14 (G) any provision of any regulation, standard,
15 or filing requirement under Section 39.5 of this
16 Act.
17 (4) It is unlawful for a person knowingly to:
18 (A) make any false statement, representation,
19 or certification in an application form, or form
20 pertaining to, a National Pollutant Discharge
21 Elimination System (NPDES) permit;
22 (B) render inaccurate any monitoring device or
23 record required by the Agency or Board in connection
24 with any such permit or with any discharge which is
25 subject to the provisions of subsection (f) of
26 Section 12 of this Act;
27 (C) make any false statement, representation,
28 or certification in any form, notice or report
29 pertaining to a CAAPP permit under Section 39.5 of
30 this Act;
31 (D) render inaccurate any monitoring device or
32 record required by the Agency or Board in connection
33 with any CAAPP permit or with any emission which is
34 subject to the provisions of Section 39.5 of this
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1 Act; or
2 (E) violate subsection 6 of Section 39.5 of
3 this Act or any CAAPP permit, or term or condition
4 thereof, or any fee or filing requirement.
5 (5) A person convicted of a violation of
6 subdivision (4) of this subsection commits a Class A
7 misdemeanor, and in addition to any other penalties
8 provided by law is subject to a fine not to exceed
9 $10,000 for each day of violation.
10 (k) Criminal operation of a hazardous waste or PCB
11 incinerator.
12 (1) A person commits the offense of criminal
13 operation of a hazardous waste or PCB incinerator when,
14 in the course of operating a hazardous waste or PCB
15 incinerator, he knowingly and without justification
16 operates the incinerator (i) without an Agency permit, or
17 in knowing violation of the terms of an Agency permit,
18 and (ii) as a result of such violation, knowingly places
19 any person in danger of great bodily harm or knowingly
20 creates an immediate or long term material danger to the
21 public health or the environment.
22 (2) Any person who commits the offense of criminal
23 operation of a hazardous waste or PCB incinerator for the
24 first time commits a Class 4 felony and, in addition to
25 any other penalties prescribed by law, shall be subject
26 to a fine not to exceed $100,000 for each day of the
27 offense.
28 Any person who commits the offense of criminal
29 operation of a hazardous waste or PCB incinerator for a
30 second or subsequent time commits a Class 3 felony and,
31 in addition to any other penalties prescribed by law,
32 shall be subject to a fine not to exceed $250,000 for
33 each day of the offense.
34 (3) For the purpose of this subsection (k), the
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1 term "hazardous waste or PCB incinerator" means a
2 pollution control facility at which either hazardous
3 waste or PCBs, or both, are incinerated. "PCBs" means any
4 substance or mixture of substances that contains one or
5 more polychlorinated biphenyls in detectable amounts.
6 (l) It shall be the duty of all State and local law
7 enforcement officers to enforce this Act and the regulations
8 adopted hereunder, and all such officers shall have authority
9 to issue citations for such violations.
10 (m) Any action brought under this Section shall be
11 brought by the State's Attorney of the county in which the
12 violation occurred, or by the Attorney General, and shall be
13 conducted in accordance with the applicable provisions of the
14 Code of Criminal Procedure of 1963.
15 (n) For an offense described in this Section, the period
16 for commencing prosecution prescribed by the statute of
17 limitations shall not begin to run until the offense is
18 discovered by or reported to a State or local agency having
19 the authority to investigate violations of this Act.
20 (o) In addition to any other penalties provided under
21 this Act, if a person is convicted of (or agrees to a
22 settlement in an enforcement action over) illegal dumping of
23 waste on the person's own property, the Attorney General, the
24 Agency or local prosecuting authority shall file notice of
25 the conviction, finding or agreement in the office of the
26 Recorder in the county in which the landowner lives.
27 (p) Criminal Disposal of Waste.
28 (1) A person commits the offense of Criminal
29 Disposal of Waste when he or she:
30 (A) if required to have a permit under
31 subsection (d) of Section 21 of this Act, knowingly
32 conducts a waste-storage, waste-treatment, or
33 waste-disposal operation in a quantity that exceeds
34 250 cubic feet of waste without a permit; or
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1 (B) knowingly conducts open dumping of waste
2 in violation of subsection (a) of Section 21 of this
3 Act.
4 (2) (A) A person who is convicted of a violation of
5 item (A) of subdivision (1) of this subsection is
6 guilty of a Class 4 felony for a first offense and,
7 in addition to any other penalties provided by law,
8 is subject to a fine not to exceed $25,000 for each
9 day of violation. A person who is convicted of a
10 violation of item (A) of subdivision (1) of this
11 subsection is guilty of a Class 3 felony for a
12 second or subsequent offense and, in addition to any
13 other penalties provided by law, is subject to a
14 fine not to exceed $50,000 for each day of
15 violation.
16 (B) A person who is convicted of a violation
17 of item (B) of subdivision (1) of this subsection is
18 guilty of a Class A misdemeanor. However, a person
19 who is convicted of a second or subsequent violation
20 of item (B) of subdivision (1) of this subsection
21 for the open dumping of waste in a quantity that
22 exceeds 250 cubic feet is guilty of a Class 4 felony
23 and, in addition to any other penalties provided by
24 law, is subject to a fine not to exceed $5,000 for
25 each day of violation.
26 (Source: P.A. 88-45; 88-668, eff. 9-16-94; 88-681, eff.
27 12-22-94; 88-690, eff. 1-24-95; 89-235, eff. 8-4-95.)
28 Section 999. Effective date. This Act takes effect upon
29 becoming law.