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| Public Act 097-0377 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Drycleaner Environmental Response Trust | ||||
Fund Act is amended by changing Sections 40 and 60 as follows:
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(415 ILCS 135/40)
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Sec. 40. Remedial action account.
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(a) The remedial action account is established to provide | ||||
reimbursement to
eligible
claimants for
drycleaning solvent | ||||
investigation, remedial action planning, and
remedial action | ||||
activities for existing drycleaning solvent contamination
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discovered at their drycleaning facilities.
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(b) The following persons are eligible for reimbursement | ||||
from the remedial
action account:
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(1) In the case of claimant who is the owner or | ||||
operator of an active
drycleaning
facility licensed by the | ||||
Council under this Act at the time of application for
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remedial action benefits afforded under
the Fund, the
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claimant is only eligible for reimbursement of remedial
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action costs incurred in connection with a release
from | ||||
that drycleaning facility,
subject to any other | ||||
limitations under this Act.
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(2) In the case of a claimant who is the owner of an | ||||
inactive drycleaning
facility and
was the owner or operator | ||
of the drycleaning facility when it was
an active | ||
drycleaning facility, the claimant is only eligible for
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reimbursement of remedial action costs incurred in
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connection with a release from the drycleaning facility,
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subject to any other limitations under
this Act.
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(c) An eligible claimant requesting reimbursement from the | ||
remedial action
account shall meet all of the following:
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(1) The claimant demonstrates that the source of the | ||
release is from
the claimant's drycleaning facility.
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(2) At the time the release was discovered by the | ||
claimant, the claimant
and the drycleaning facility were in | ||
compliance with the Agency reporting
and technical | ||
operating requirements.
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(3) The claimant reported the release in a timely | ||
manner to
the Agency in accordance with State law.
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(4) (Blank). The claimant applying for reimbursement | ||
has not filed for
bankruptcy on or after the date of his or | ||
her discovery of the release.
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(5) If the claimant is the owner or operator of an | ||
active drycleaning
facility, the claimant has provided to | ||
the Council proof of implementation and
maintenance of the | ||
following pollution prevention measures:
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(A) That all drycleaning solvent wastes generated | ||
at a drycleaning
facility be managed in accordance with | ||
applicable State
waste management laws and rules.
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(B) A prohibition on the discharge of wastewater | ||
from drycleaning
machines or of drycleaning solvent | ||
from drycleaning
operations to a sanitary sewer or | ||
septic tank or to the
surface or in groundwater.
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(C) That every drycleaning facility:
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(I) install a containment dike or other | ||
containment
structure around each machine, item of | ||
equipment, drycleaning area, and portable waste | ||
container in which
any
drycleaning solvent is | ||
utilized, which shall be capable
of containing | ||
leaks, spills, or releases of
drycleaning
solvent | ||
from that machine, item, area, or container. The | ||
containment
dike or other containment structure | ||
shall be capable of at least the following:
(i) | ||
containing a capacity of 110% of the drycleaning | ||
solvent in the largest
tank or vessel within the | ||
machine; (ii) containing 100% of the drycleaning
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solvent of each item of equipment or drycleaning | ||
area; and (iii) containing
100% of the drycleaning | ||
solvent of the largest portable waste container or | ||
at
least 10% of the total volume of the portable | ||
waste containers stored within
the containment | ||
dike or structure, whichever is greater.
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Petroleum underground storage tank systems | ||
that are upgraded in
accordance with USEPA upgrade | ||
standards pursuant to 40 CFR Part 280 for the
tanks | ||
and
related piping systems and use a leak detection | ||
system approved by the USEPA or
IEPA are exempt | ||
from this secondary containment requirement; and
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(II) seal or otherwise render impervious those | ||
portions of
diked floor surfaces on which a | ||
drycleaning
solvent may leak, spill, or otherwise | ||
be released.
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(D) A requirement that all drycleaning solvent | ||
shall be delivered
to drycleaning facilities by means | ||
of closed, direct-coupled
delivery systems.
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(6) An active drycleaning facility has maintained | ||
continuous financial
assurance for environmental liability | ||
coverage in the amount of at least
$500,000 at least since | ||
the date of award of benefits under this Section
or July 1, | ||
2000, whichever is earlier.
An uninsured drycleaning | ||
facility that
has filed an application for insurance with | ||
the Fund by January 1, 2004,
obtained insurance through | ||
that application, and maintained that insurance
coverage | ||
continuously shall be considered to have conformed with the
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requirements of this subdivision (6). To conform with this | ||
requirement the
applicant must pay the equivalent of the | ||
total premiums due for the period
beginning June 30, 2000 | ||
through the date of application plus a 20% penalty of
the | ||
total premiums due for that period.
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(7) The release was discovered on or after July
1, 1997 | ||
and before July 1, 2006.
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(d) A claimant shall submit a completed application form
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provided by the Council. The application shall contain | ||
documentation of
activities, plans, and expenditures | ||
associated with the eligible costs
incurred in response to a | ||
release of drycleaning solvent from a
drycleaning facility. | ||
Application for remedial action account benefits must be
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submitted to the Council on or before June 30, 2005.
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(e) Claimants shall be subject to the following deductible | ||
requirements,
unless modified pursuant to the Council's | ||
authority under
Section 75:
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(1) An eligible claimant submitting a claim
for an | ||
active drycleaning facility is responsible for the first | ||
$5,000 of
eligible investigation costs and for the first | ||
$10,000 of eligible remedial
action costs incurred in | ||
connection with the release from the drycleaning
facility | ||
and is only eligible for reimbursement for costs that | ||
exceed
those amounts, subject to any other limitations of | ||
this Act.
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(2) An eligible claimant submitting a
claim for an | ||
inactive drycleaning facility is responsible for the first | ||
$10,000
of eligible investigation costs and for the first | ||
$10,000 of eligible remedial
action costs incurred in | ||
connection with the release from that drycleaning
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facility, and is only eligible for reimbursement for costs | ||
that exceed
those amounts, subject to any other limitations | ||
of this Act.
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(f) Claimants are subject to the following limitations on | ||
reimbursement:
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(1) Subsequent to meeting the deductible requirements | ||
of
subsection (e), and pursuant to the requirements of | ||
Section 75,
reimbursement shall not exceed $300,000 per | ||
active drycleaning facility and
$50,000 per inactive | ||
drycleaning facility.
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(2) A contract in which one of the parties to the | ||
contract is a claimant,
for goods or services that may be | ||
payable or reimbursable from
the Council, is void and | ||
unenforceable unless and until the Council has found
that | ||
the
contract terms are within the range of usual and | ||
customary rates
for similar or equivalent goods or services | ||
within this State and
has found that the goods or services | ||
are necessary for the claimant to
comply with Council | ||
standards or other applicable regulatory standards.
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(3) A claimant may appoint the Council as an agent for | ||
the purposes of
negotiating contracts with suppliers of | ||
goods or services
reimbursable by the Fund. The Council may | ||
select another
contractor for goods or services other than | ||
the one offered by the
claimant if the scope of the | ||
proposed work or actual work of the
claimant's offered | ||
contractor does not reflect the quality of workmanship
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required or if the costs are determined to be excessive, as | ||
determined by the
Council.
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(4) The Council may require a claimant to obtain and | ||
submit 3 bids
and may require specific terms and conditions | ||
in a
contract subject to approval.
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(5) The Council may enter into a contract or an | ||
exclusive contract with
the supplier of goods or services | ||
required by a claimant or class of
claimants, in connection | ||
with an expense reimbursable from the
Fund, for a specified | ||
good or service at a gross maximum
price or fixed rate, and | ||
may limit reimbursement accordingly.
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(6) Unless emergency conditions exist, a service | ||
provider shall
obtain the Council's approval of the budget | ||
for the remediation work
before commencing the work. No | ||
expense incurred that is above the budgeted
amount shall be | ||
paid unless the Council approves
the expense prior to its | ||
being incurred. All invoices and bills relating to
the | ||
remediation work shall be submitted with appropriate | ||
documentation, as
deemed
necessary by the Council.
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(7) Neither the Council nor an eligible claimant is | ||
responsible for
payment for
costs incurred that have not | ||
been previously approved by the
Council, unless an | ||
emergency exists.
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(8) The Council may determine the usual and customary | ||
costs of each
item for which reimbursement may be awarded | ||
under this Section.
The Council may revise the usual and | ||
customary costs from time
to time as necessary, but costs | ||
submitted for reimbursement shall
be subject to the rates | ||
in effect at the time the costs were
incurred.
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(9) If a claimant has pollution liability insurance | ||
coverage other than
coverage provided by the insurance | ||
account under this Act,
that coverage shall be primary. | ||
Reimbursement from the remedial
account shall be limited to | ||
the deductible amounts under the primary
coverage and the
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amount that exceeds the policy limits of the primary | ||
coverage,
subject to the deductible amounts of this Act. If | ||
there is a
dispute between the claimant and the primary | ||
insurance provider,
reimbursement from the remedial action | ||
account may be made to the claimant
after the claimant
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assigns all of his or her interests in the insurance | ||
coverage to the Council.
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(g) The source of funds for the remedial action account | ||
shall be moneys
allocated to the account by the Council | ||
according to the Fund budget
approved by the Council.
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(h) A drycleaning facility will be classified as active or | ||
inactive for
purposes of
determining benefits under this | ||
Section based on the status of the facility
on the date a claim | ||
is filed.
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(i) Eligible claimants shall conduct remedial action in | ||
accordance with
the
Site Remediation Program under the | ||
Environmental Protection Act and Part 740 of
Title 35 of the | ||
Illinois Administrative Code and the Tiered Approach to Cleanup
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Objectives under Part 742 of Title 35 of the Illinois | ||
Administrative Code.
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(j) Effective January 1, 2012, an active drycleaning | ||
facility that has previously received or is currently receiving | ||
reimbursement for the costs of a remedial action, as defined in | ||
this Act, shall maintain continuous financial assurance for | ||
environmental liability coverage in the amount of at least | ||
$500,000 until the earlier of (i) January 1, 2020 or (ii) the | ||
date the Council determines the drycleaning facility is an | ||
inactive drycleaning facility. Failure to comply with this | ||
requirement will result in the revocation of the drycleaning | ||
facility's existing license and in the inability of the | ||
drycleaning facility to obtain or renew a license under Section | ||
60 of this Act. | ||
(Source: P.A. 96-774, eff. 1-1-10.)
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(415 ILCS 135/60)
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(Section scheduled to be repealed on January 1, 2020)
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Sec. 60. Drycleaning facility license.
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(a) On and after January 1, 1998, no person shall operate a | ||
drycleaning
facility in this State without a license issued by | ||
the Council.
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(b) The Council shall issue an initial or renewal license | ||
to a drycleaning
facility on submission by an applicant of a | ||
completed form prescribed by the
Council, and proof of payment | ||
of the required fee to the Department of Revenue, and, if the | ||
drycleaning facility has previously received or is currently | ||
receiving reimbursement for the costs of a remedial action, as | ||
defined in this Act, proof of compliance with subsection (j) of | ||
Section 40.
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(c) On or after January 1, 2004, the annual fees for | ||
licensure are as
follows:
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(1) $500 for a facility that uses (i) 50 gallons or
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less of
chlorine-based or green drycleaning solvents | ||
annually, (ii) 250 or less
gallons annually of | ||
hydrocarbon-based drycleaning solvents in a drycleaning
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machine equipped with a solvent reclaimer, or (iii) 500 | ||
gallons
or less annually of hydrocarbon-based drycleaning | ||
solvents in a
drycleaning machine without a solvent | ||
reclaimer.
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(2) $500 for a facility that uses (i)
more than 50 | ||
gallons but not more than 100
gallons of chlorine-based or | ||
green drycleaning solvents annually, (ii)
more than 250 | ||
gallons but not more 500 gallons annually of | ||
hydrocarbon-based
solvents in
a drycleaning machine | ||
equipped with a solvent reclaimer, or (iii) more
than 500 | ||
gallons but not more than 1,000 gallons
annually of | ||
hydrocarbon-based drycleaning solvents in a drycleaning
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machine without a solvent reclaimer.
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(3) $500 for a facility that uses (i) more than 100 | ||
gallons but not more than 150 gallons of chlorine-based
or | ||
green drycleaning solvents annually, (ii) more than 500 | ||
gallons but
not more than 750 gallons annually of | ||
hydrocarbon-based solvents in a
drycleaning machine | ||
equipped with a solvent reclaimer, or (iii) more than
1,000
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gallons but not more than 1,500 gallons annually of
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hydrocarbon-based drycleaning solvents in a drycleaning | ||
machine without a
solvent reclaimer.
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(4) $1,000 for a facility that uses (i) more than 150 | ||
gallons but not
more than 200 gallons of chlorine-based or | ||
green drycleaning solvents annually,
(ii) more than 750 | ||
gallons but not more than 1,000 gallons annually of
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hydrocarbon-based solvents in a drycleaning machine | ||
equipped with a solvent
reclaimer, or (iii) more than
1,500 | ||
gallons but not more than 2,000 gallons annually of | ||
hydrocarbon-based
drycleaning solvents in a drycleaning | ||
machine without a solvent
reclaimer.
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(5) $1,000 for a facility that uses (i) more than 200 | ||
gallons but not more
than 250 gallons of chlorine-based or | ||
green drycleaning solvents annually, (ii)
more than 1,000 | ||
gallons but not more than 1,250 gallons annually of
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hydrocarbon-based solvents in a drycleaning machine | ||
equipped with a solvent
reclaimer, or (iii) more than
2,000 | ||
gallons but not more than 2,500 gallons annually of | ||
hydrocarbon-based
drycleaning solvents in a drycleaning | ||
machine without a solvent
reclaimer.
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(6) $1,000 for a facility that uses (i) more than 250 | ||
gallons but not
more than
300 gallons of chlorine-based or | ||
green drycleaning solvents annually, (ii) more
than 1,250 | ||
gallons but not more than 1,500 gallons annually of
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hydrocarbon-based solvents in a drycleaning machine | ||
equipped with a solvent
reclaimer, or (iii) more than 2,500 | ||
gallons but not more than 3,000 gallons
annually of | ||
hydrocarbon-based drycleaning solvents in a drycleaning | ||
machine
without
a solvent reclaimer.
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(7) $1,000 for a facility that uses (i) more than 300 | ||
gallons but not more
than
350 gallons of chlorine-based or | ||
green drycleaning solvents annually, (ii) more
than 1,500 | ||
gallons but not more than 1,750 gallons annually of
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hydrocarbon-based
solvents in a drycleaning machine | ||
equipped with a solvent reclaimer, or (iii)
more than 3,000 | ||
gallons but not more than 3,500 gallons annually of
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hydrocarbon-based
drycleaning solvents in a drycleaning | ||
machine without a solvent
reclaimer.
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(8) $1,500 for a facility that uses (i) more than 350 | ||
gallons but not more
than
400 gallons of chlorine-based or | ||
green drycleaning solvents annually, (ii) more
than 1,750 | ||
gallons but not more than 2,000 gallons annually of
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hydrocarbon-based
solvents in a drycleaning machine | ||
equipped with a solvent reclaimer, or (iii)
more than 3,500 | ||
gallons but not more than 4,000 gallons annually of
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hydrocarbon-based
drycleaning solvents in a drycleaning | ||
machine without a solvent
reclaimer.
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(9) $1,500 for a facility that uses (i) more than 400 | ||
gallons but not more
than 450 gallons of chlorine-based or | ||
green drycleaning solvents annually, (ii)
more than 2,000 | ||
gallons but not more than 2,250 gallons annually of
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hydrocarbon-based
solvents in a drycleaning machine | ||
equipped with a solvent reclaimer, or (iii)
more
than
4,000 | ||
gallons but not more than 4,500 gallons annually of | ||
hydrocarbon-based
drycleaning solvents in a drycleaning | ||
machine without a solvent
reclaimer.
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(10) $1,500 for a facility that uses (i) more than 450 | ||
gallons but not
more than 500
gallons of chlorine-based or | ||
green drycleaning solvents annually, (ii) more
than
2,250 | ||
gallons but not more than 2,500 gallons annually of | ||
hydrocarbon-based
solvents used in a drycleaning machine | ||
equipped with a solvent reclaimer, or
(iii) more
than 4,500 | ||
gallons but not more than 5,000 gallons annually of
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hydrocarbon-based
drycleaning solvents in a drycleaning | ||
machine without a solvent reclaimer.
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(11) $1,500 for a facility that uses (i) more than 500 | ||
gallons but not
more than 550
gallons of chlorine-based or | ||
green drycleaning solvents annually, (ii) more
than
2,500 | ||
gallons but not more than 2,750 gallons annually of | ||
hydrocarbon-based
solvents in a drycleaning machine | ||
equipped with a solvent reclaimer, or (iii)
more than
5,000 | ||
gallons but not more than 5,500 gallons annually of | ||
hydrocarbon-based
drycleaning solvents in a drycleaning | ||
machine without a solvent
reclaimer.
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(12) $1,500 for a facility that uses (i) more than 550 | ||
gallons but not
more than 600
gallons of chlorine-based or | ||
green drycleaning solvents annually, (ii) more
than 2,750 | ||
gallons but not more than 3,000 gallons annually of
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hydrocarbon-based
solvents in a drycleaning machine | ||
equipped with a solvent reclaimer, or (iii)
more than
5,500 | ||
gallons but not more than 6,000 gallons annually of | ||
hydrocarbon-based
drycleaning solvents in a drycleaning | ||
machine without a solvent
reclaimer.
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(13) $1,500 for a facility that uses (i) more than 600 | ||
gallons of
chlorine-based or green drycleaning solvents | ||
annually, (ii) more than 3,000
gallons but not more than | ||
3,250 gallons annually of hydrocarbon-based solvents
in a | ||
drycleaning
machine equipped with a solvent reclaimer, or | ||
(iii) more than 6,000 gallons of
hydrocarbon-based | ||
drycleaning solvents annually in a drycleaning machine
| ||
equipped without a solvent reclaimer.
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(14) $1,500 for a facility that uses more than 3,250 | ||
gallons but not more
than 3,500 gallons annually of | ||
hydrocarbon-based solvents in a drycleaning
machine | ||
equipped with a solvent reclaimer.
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(15) $1,500 for a facility that uses more than 3,500 | ||
gallons but not more
than 3,750 gallons annually of | ||
hydrocarbon-based solvents used in a drycleaning
machine | ||
equipped with a solvent reclaimer.
| ||
(16) $1,500 for a facility that uses more than 3,750 | ||
gallons but not more
than 4,000 gallons annually of | ||
hydrocarbon-based solvents in a drycleaning
machine | ||
equipped with a solvent reclaimer.
| ||
(17) $1,500 for a facility that uses more than 4,000 | ||
gallons annually of
hydrocarbon-based solvents in a | ||
drycleaning machine equipped with a solvent
reclaimer.
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For purpose of this subsection, the quantity of drycleaning | ||
solvents
used annually shall be determined as follows:
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(1) in the case of an initial applicant, the quantity | ||
of drycleaning
solvents that the applicant estimates will | ||
be used during his or her initial
license year. A fee | ||
assessed under this subdivision is subject to audited
| ||
adjustment for that year; or
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(2) in the case of a renewal applicant, the quantity of | ||
drycleaning
solvents actually purchased in the preceding | ||
license year.
| ||
The Council may adjust licensing fees annually based on the | ||
published
Consumer Price Index - All Urban Consumers ("CPI-U") | ||
or as otherwise determined
by the Council.
| ||
(d) A license issued under this Section shall expire one | ||
year after the date
of issuance and may be renewed on | ||
reapplication to the Council and submission
of proof of payment | ||
of the appropriate fee to the Department of Revenue in
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accordance with subsections (c) and (e). At least 30 days | ||
before payment of a
renewal licensing fee is due, the Council | ||
shall attempt to:
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(1) notify the operator of each licensed drycleaning
| ||
facility concerning the requirements of this Section;
and
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(2) submit a license fee payment form to the licensed
| ||
operator of each drycleaning facility.
| ||
(e) An operator of a drycleaning facility shall submit the | ||
appropriate
application form provided by the Council with the | ||
license fee in the form of
cash, or guaranteed remittance, or | ||
credit card to the Department of Revenue.
The license fee | ||
payment form and the actual license fee payment shall be
| ||
administered by the Department of Revenue under rules adopted | ||
by that
Department.
| ||
(f) The Department of Revenue shall issue a proof of | ||
payment receipt to
each operator of a drycleaning facility who | ||
has paid the appropriate fee in
cash or by guaranteed | ||
remittance or credit card. However, the Department of Revenue | ||
shall not
issue a proof of payment receipt to a drycleaning | ||
facility that is liable to
the Department of Revenue for a tax | ||
imposed under this Act. The original
receipt shall be presented | ||
to the Council by the operator of a drycleaning
facility.
| ||
(g) (Blank).
| ||
(h) The Council and the Department of Revenue may adopt | ||
rules as necessary
to administer the licensing
requirements of | ||
this Act.
| ||
(Source: P.A. 96-774, eff. 1-1-10.)
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