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Public Act 095-0403 |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by | ||||
adding Section 57.8a as follows: | ||||
(415 ILCS 5/57.8a new) | ||||
Sec. 57.8a. Assignment of payments from the Underground | ||||
Storage Tank Fund. | ||||
(a) If the Agency has formed a priority list for payment | ||||
under Section 57.8(a)(3) of this Act, an owner or operator on | ||||
the priority list may assign to any bank, financial | ||||
institution, lender, or other person that provides factoring or | ||||
financing to an owner or operator or to a consultant of an | ||||
owner or operator a full approved payment amount on the | ||||
priority list for which the owner or operator is awaiting | ||||
payment. The assignment must be made on an approved | ||||
payment-by-approved payment basis and must be made on forms | ||||
prescribed by the Agency. No assignment under this Section | ||||
prevents or affects the right of the State Comptroller to make | ||||
the deductions and off-sets provided in Section 10.05 of the | ||||
State Comptroller Act. | ||||
(b) The making of an assignment under this Section shall | ||||
not affect an owner's or operator's right to appeal an Agency |
decision as provided in this Title. No assignee shall have a | ||
right to appeal an Agency decision as provided in this Title. | ||
(c) An owner's or operator's assignment under this Section | ||
is irrevocable and may be made to only one assignee. The State | ||
shall pay the assigned amount, subject to right of the State | ||
Comptroller to make the deductions and off-sets provided in | ||
Section 10.05 of the State Comptroller Act, to this one | ||
assignee only and shall not pay the assigned amount to any | ||
subsequent assignee of the one assignee. | ||
(d) The State and its officers and employees are discharged | ||
of all liability upon payment of the assigned amount to the | ||
assignee. The assignor and assignee shall hold harmless and | ||
indemnify the State and its officers and employees from all | ||
claims, actions, suits, complaints, and liabilities related to | ||
the assignment. | ||
(e) An assignee may use funds received for any purpose | ||
including, without limitation, paying principal, interest, or | ||
other costs due on any financing made by the assignee. To the | ||
extent an owner or operator incurs costs associated with making | ||
an assignment under this Section, the owner or operator may not | ||
seek reimbursement of those costs from the Fund.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. |