SB0718 EngrossedLRB101 04479 CPF 49487 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. "AN ACT concerning safety", Public Act 101-400,
5approved August 16, 2019, is amended by changing Section 99 as
6follows:
 
7    (P.A. 101-400, Sec. 99)
8    Sec. 99. Effective date. This Act takes effect on December
931, 2019, except that Sections 5, 10, and 20 take effect on
10July 1, 2020.
11(Source: P.A. 101-400, eff. 7-1-20.)
 
12    Section 10. The Drycleaner Environmental Response Trust
13Fund Act is amended by changing Sections 12, 31, and 45, as
14follows:
 
15    (415 ILCS 135/12)
16    (This Section may contain text from a Public Act with a
17delayed effective date)
18    Sec. 12. Transfer of Council functions to the Agency.
19    (a) On July 1, 2020, the Council is abolished, and, except
20as otherwise provided in this Act Section, all powers, duties,
21rights, and responsibilities of the Council are transferred to

 

 

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1the Agency. On and after that date, all of the general powers
2necessary and convenient to implement and administer this Act
3are, except as otherwise provided in this Act Section, hereby
4vested in and may be exercised by the Agency, including, but
5not limited to, the powers described in Section 25 of this Act.
6    (b) No later than June 30, 2020, the Administrator of the
7Fund shall prepare on behalf of the Council and deliver to the
8Agency a report that lists:
9        (1) the name, address, and telephone number of each
10    claimant who timely filed an application for remedial
11    action account benefits by June 30, 2005, and is eligible
12    for reimbursement from the Fund under Section 40 of this
13    Act for costs of remediation of a release of drycleaning
14    solvents from a drycleaning facility;
15        (2) the address of the drycleaning facility where the
16    release occurred and the names, addresses, and telephone
17    numbers of the owners and operators of the facility, as
18    well as whether the drycleaning facility was an active or
19    inactive drycleaning facility at the time that person
20    applied for remedial action benefits under Section 40 of
21    this Act;
22        (3) the deductible that applies with respect to the
23    release at the facility and the amount of the deductible
24    that has been satisfied;
25        (4) the total amount that has been reimbursed from the
26    Fund for the release at the facility;

 

 

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1        (5) costs approved for reimbursement from the Fund on
2    or before June 30, 2020, but which have not been reimbursed
3    from the Fund, for the release at the facility;
4        (6) for each year during which insurance coverage was
5    provided under this Act, the name, address, and telephone
6    number of each person who obtained coverage and the names
7    and addresses of the drycleaning facilities for which that
8    person obtained coverage;
9        (7) the sites for which site investigations required
10    under subsection (d) of Section 45 have been deemed
11    adequate by the Council;
12        (8) the insurance claims under Section 45 of this Act
13    that are pending; and
14        (9) the appeals under this Act that are pending.
15    (c) No later than June 30, 2020, all books, records,
16papers, documents, property (real and personal), contracts,
17causes of action, and pending business pertaining to the
18powers, duties, rights, and responsibilities transferred by
19Public Act 101-400 and this amendatory Act of the 101st General
20Assembly, including, but not limited to, material in electronic
21or magnetic format and necessary computer hardware and
22software, shall be transferred to the Agency, regardless of
23whether they are in the possession of the Council, an
24independent contractor who serves as Administrator of the Fund,
25or any other person.
26    (d) At the direction of the Governor or on July 1, 2020,

 

 

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1whichever is earlier, all unexpended appropriations and
2balances and other funds available for use by the Council, as
3determined by the Director of the Governor's Office of
4Management and Budget, shall be transferred for use by the
5Agency in accordance with this Act, regardless of whether they
6are in the possession of the Council, an independent contractor
7who serves as Administrator of the Fund, or any other person.
8Unexpended balances so transferred shall be expended by the
9Agency only for the purpose for which the appropriations were
10originally made.
11    (e) The transfer of powers, duties, rights, and
12responsibilities pursuant to Public Act 101-400 and this
13amendatory Act of the 101st General Assembly does not affect
14any act done, ratified, or canceled or any right accruing or
15established or any action or proceeding had or commenced by the
16Council or the Administrator of the Fund before July 1, 2020;
17such actions may be prosecuted and continued by the Attorney
18General.
19    (f) Whenever reports or notices are required to be made or
20given or papers or documents furnished or served by any person
21to or upon the Council or the Administrator of the Fund in
22connection with any of the powers, duties, rights, or
23responsibilities transferred by Public Act 101-400 and this
24amendatory Act of the 101st General Assembly to the Agency, the
25same shall be made, given, furnished, or served in the same
26manner to or upon the Agency.

 

 

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1    (g) All rules duly adopted by the Council before July 1,
22020 shall become rules of the Board on July 1, 2020. The , and
3beginning on that date, the Agency is authorized to propose to
4the Board for adoption, and the Board may adopt, amendments to
5those the transferred rules, as well as new rules, for carrying
6out, administering, and enforcing the provisions of this Act.
7    (h) In addition to the rules described above, the Board is
8hereby authorized to adopt rules establishing minimum
9continuing education and compliance program requirements for
10owners and operators of active drycleaning facilities. Board
11rules establishing minimum continuing education requirements
12shall, among other things, identify the minimum number of
13continuing education credits that must be obtained and describe
14the specific subjects to be covered in continuing education
15programs. Board rules establishing minimum compliance program
16requirements shall, among other things, identify the type of
17inspections that must be conducted. The rules adopted by the
18Board under this subsection (h) may also provide an exemption
19from continuing education requirements for persons who have,
20for at least 10 consecutive years on or after January 1, 2009,
21owned or operated a drying facility licensed under this Act.
22    (i) For the purposes of the Successor Agency Act and
23Section 9b of the State Finance Act, the Agency is the
24successor to the Council beginning July 1, 2020.
25(Source: P.A. 101-400, eff. 7-1-20.)
 

 

 

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1    (415 ILCS 135/31)
2    (This Section may contain text from a Public Act with a
3delayed effective date)
4    Sec. 31. Prohibition on renewal of contract with Fund
5Administrator. The On and after the effective date of this
6amendatory Act of the 101st General Assembly, the Council shall
7not enter into or renew any contract or agreement with a person
8to act as the Administrator of the Fund for a term that extends
9beyond June 30, 2020.
10(Source: P.A. 101-400, eff. 7-1-20.)
 
11    (415 ILCS 135/45)
12    (Text of Section before amendment by P.A. 101-400)
13    Sec. 45. Insurance account.
14    (a) The insurance account shall offer financial assurance
15for a qualified owner or operator of a drycleaning facility
16under the terms and conditions provided for under this Section.
17Coverage may be provided to either the owner or the operator of
18a drycleaning facility. The Council is not required to resolve
19whether the owner or operator, or both, are responsible for a
20release under the terms of an agreement between the owner and
21operator.
22    (b) The source of funds for the insurance account shall be
23as follows:
24        (1) Moneys appropriated to the Council or moneys
25    allocated to the insurance account by the Council according

 

 

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1    to the Fund budget approved by the Council.
2        (2) Moneys collected as an insurance premium,
3    including service fees, if any.
4        (3) Investment income attributed to the insurance
5    account by the Council.
6    (c) An owner or operator may purchase coverage of up to
7$500,000 per drycleaning facility subject to the terms and
8conditions under this Section and those adopted by the Council.
9Coverage shall be limited to remedial action costs associated
10with soil and groundwater contamination resulting from a
11release of drycleaning solvent at an insured drycleaning
12facility, including third-party liability for soil and
13groundwater contamination. Coverage is not provided for a
14release that occurred before the date of coverage.
15    (d) An owner or operator, subject to underwriting
16requirements and terms and conditions deemed necessary and
17convenient by the Council, may purchase insurance coverage from
18the insurance account provided that the drycleaning facility to
19be insured meets the following conditions:
20        (1) a site investigation designed to identify soil and
21    groundwater contamination resulting from the release of a
22    drycleaning solvent has been completed. The Council shall
23    determine if the site investigation is adequate. This
24    investigation must be completed by June 30, 2006. For
25    drycleaning facilities that apply for insurance coverage
26    after June 30, 2006, the site investigation must be

 

 

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1    completed prior to issuance of insurance coverage; and
2        (2) the drycleaning facility is participating in and
3    meets all requirements of a drycleaning compliance program
4    approved by the Council.
5    (e) The annual premium for insurance coverage shall be:
6        (1) For the year July 1, 1999 through June 30, 2000,
7    $250 per drycleaning facility.
8        (2) For the year July 1, 2000 through June 30, 2001,
9    $375 per drycleaning facility.
10        (3) For the year July 1, 2001 through June 30, 2002,
11    $500 per drycleaning facility.
12        (4) For the year July 1, 2002 through June 30, 2003,
13    $625 per drycleaning facility.
14        (5) For subsequent years, an owner or operator applying
15    for coverage shall pay an annual actuarially-sound
16    insurance premium for coverage by the insurance account.
17    The Council may approve Fund coverage through the payment
18    of a premium established on an actuarially-sound basis,
19    taking into consideration the risk to the insurance account
20    presented by the insured. Risk factor adjustments utilized
21    to determine actuarially-sound insurance premiums should
22    reflect the range of risk presented by the variety of
23    drycleaning systems, monitoring systems, drycleaning
24    volume, risk management practices, and other factors as
25    determined by the Council. As used in this item,
26    "actuarially sound" is not limited to Fund premium revenue

 

 

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1    equaling or exceeding Fund expenditures for the general
2    drycleaning facility population. Actuarially-determined
3    premiums shall be published at least 180 days prior to the
4    premiums becoming effective.
5    (e-5) If an insurer sends a second notice to an owner or
6operator demanding immediate payment of a past-due premium for
7insurance services provided pursuant to this Act, the demand
8for payment must offer a grace period of not less than 30 days
9during which the owner or operator shall be allowed to pay any
10premiums due. If payment is made during that period, coverage
11under this Act shall not be terminated for non-payment by the
12insurer.
13    (e-6) If an insurer terminates an owner or operator's
14coverage under this Act, the insurer must send a written notice
15to the owner or operator to inform him or her of the
16termination of that coverage, and that notice must include
17instructions on how to seek reinstatement of coverage, as well
18as information concerning any premiums or penalties that might
19be due.
20    (f) If coverage is purchased for any part of a year, the
21purchaser shall pay the full annual premium. The insurance
22premium is fully earned upon issuance of the insurance policy.
23    (g) The insurance coverage shall be provided with a $10,000
24deductible policy.
25    (h) A future repeal of this Section shall not terminate the
26obligations under this Section or authority necessary to

 

 

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1administer the obligations until the obligations are
2satisfied, including but not limited to the payment of claims
3filed prior to the effective date of any future repeal against
4the insurance account until moneys in the account are
5exhausted. Upon exhaustion of the moneys in the account, any
6remaining claims shall be invalid. If moneys remain in the
7account following satisfaction of the obligations under this
8Section, the remaining moneys and moneys due the account shall
9be used to assist current insureds to obtain a viable insuring
10mechanism as determined by the Council after public notice and
11opportunity for comment.
12(Source: P.A. 98-327, eff. 8-13-13.)
 
13    (Text of Section after amendment by P.A. 101-400)
14    Sec. 45. Insurance account.
15    (a) The insurance account shall offer financial assurance
16for a qualified owner or operator of a drycleaning facility
17under the terms and conditions provided for under this Section.
18Coverage may be provided to either the owner or the operator of
19a drycleaning facility. Neither the Agency nor the Council is
20required to resolve whether the owner or operator, or both, are
21responsible for a release under the terms of an agreement
22between the owner and operator.
23    (b) The source of funds for the insurance account shall be
24as follows:
25        (1) moneys allocated to the insurance account;

 

 

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1        (2) moneys collected as an insurance premium,
2    including service fees, if any; and
3        (3) investment income attributed to the insurance
4    account.
5    (c) An owner or operator may purchase coverage of up to
6$500,000 per drycleaning facility subject to the terms and
7conditions under this Section and those adopted by the Council
8before July 1, 2020 or by the Board on or after that date.
9Coverage shall be limited to remedial action costs associated
10with soil and groundwater contamination resulting from a
11release of drycleaning solvent at an insured drycleaning
12facility, including third-party liability for soil and
13groundwater contamination. Coverage is not provided for a
14release that occurred before the date of coverage.
15    (d) An owner or operator, subject to underwriting
16requirements and terms and conditions deemed necessary and
17convenient by the Council for periods before July 1, 2020 and
18subject to terms and conditions deemed necessary and convenient
19by the Board for periods on or after that date, may purchase
20insurance coverage from the insurance account provided that:
21        (1) a site investigation designed to identify soil and
22    groundwater contamination resulting from the release of a
23    drycleaning solvent has been completed for the drycleaning
24    facility to be insured and the site investigation has been
25    found adequate by the Council before July 1, 2020 or by the
26    Agency on or after that date; and

 

 

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1        (2) the drycleaning facility is participating in and
2    meets all drycleaning compliance program requirements
3    adopted by the Board pursuant Section 12 of this Act; the
4    Drycleaner Environmental Response Trust Fund Act.
5        (3) the drycleaning facility to be insured is licensed
6    under Section 60 of this Act and all fees due under that
7    Section have been paid;
8        (4) the owner or operator of the drycleaning facility
9    to be insured provides proof to the Agency or Council that:
10            (A) all drycleaning solvent wastes generated at
11        the facility are managed in accordance with applicable
12        State waste management laws and rules;
13            (B) there is no discharge of wastewater from
14        drycleaning machines, or of drycleaning solvent from
15        drycleaning operations, to a sanitary sewer or septic
16        tank, to the surface, or in groundwater;
17            (C) the facility has a containment dike or other
18        containment structure around each machine, item of
19        equipment, drycleaning area, and portable waste
20        container in which any drycleaning solvent is
21        utilized, that is capable of containing leaks, spills,
22        or releases of drycleaning solvent from that machine,
23        item, area, or container, including: (i) 100% of the
24        drycleaning solvent in the largest tank or vessel; (ii)
25        100% of the drycleaning solvent of each item of
26        drycleaning equipment; and (iii) 100% of the

 

 

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1        drycleaning solvent of the largest portable waste
2        container or at least 10% of the total volume of the
3        portable waste containers stored within the
4        containment dike or structure, whichever is greater;
5            (D) those portions of diked floor surfaces at the
6        facility on which a drycleaning solvent may leak,
7        spill, or otherwise be released are sealed or otherwise
8        rendered impervious;
9            (E) all drycleaning solvent is delivered to the
10        facility by means of closed, direct-coupled delivery
11        systems; and
12            (F) the drycleaning facility is in compliance with
13        paragraph (2) of subsection (d) of this Section; and
14        (5) the owner or operator of the drycleaning facility
15    to be insured has paid all insurance premiums for insurance
16    coverage provided under this Section.
17        Petroleum underground storage tank systems that are in
18    compliance with applicable USEPA and State Fire Marshal
19    rules, including, but not limited to, leak detection system
20    rules, are exempt from the secondary containment
21    requirement in subparagraph (C) of paragraph (3) of this
22    subsection (d).
23    (e) The annual premium for insurance coverage shall be:
24        (1) For the year July 1, 1999 through June 30, 2000,
25    $250 per drycleaning facility.
26        (2) For the year July 1, 2000 through June 30, 2001,

 

 

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1    $375 per drycleaning facility.
2        (3) For the year July 1, 2001 through June 30, 2002,
3    $500 per drycleaning facility.
4        (4) For the year July 1, 2002 through June 30, 2003,
5    $625 per drycleaning facility.
6        (5) For each subsequent program year through the
7    program year ending June 30, 2019 For subsequent years, an
8    owner or operator applying for coverage shall pay an annual
9    actuarially-sound insurance premium for coverage by the
10    insurance account. The Council may approve Fund coverage
11    through the payment of a premium established on an
12    actuarially-sound basis, taking into consideration the
13    risk to the insurance account presented by the insured.
14    Risk factor adjustments utilized to determine
15    actuarially-sound insurance premiums should reflect the
16    range of risk presented by the variety of drycleaning
17    systems, monitoring systems, drycleaning volume, risk
18    management practices, and other factors as determined by
19    the Council. As used in this item, "actuarially sound" is
20    not limited to Fund premium revenue equaling or exceeding
21    Fund expenditures for the general drycleaning facility
22    population. Actuarially-determined premiums shall be
23    published at least 180 days prior to the premiums becoming
24    effective.
25        (6) For the year July 1, 2020 through June 30, 2021,
26    and for subsequent years through June 30, 2029, $1,500 per

 

 

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1    drycleaning facility per year.
2        (7) For July 1, 2029 through January 1, 2030, $750 per
3    drycleaning facility.
4    (e-5) (Blank).
5    (e-6) (Blank).
6    (f) If coverage is purchased for any part of a year, the
7purchaser shall pay the full annual premium. Until July 1,
82020, the The insurance premium is fully earned upon issuance
9of the insurance policy. Beginning July 1, 2020, coverage first
10commences for a purchaser only after payment of the full annual
11premium due for the applicable program year.
12    (g) Any insurance coverage provided under this Section
13shall be subject to a $10,000 deductible.
14    (h) A future repeal of this Section shall not terminate the
15obligations under this Section or authority necessary to
16administer the obligations until the obligations are
17satisfied, including but not limited to the payment of claims
18filed prior to the effective date of any future repeal against
19the insurance account until moneys in the account are
20exhausted. Upon exhaustion of the moneys in the account, any
21remaining claims shall be invalid. If moneys remain in the
22account following satisfaction of the obligations under this
23Section, the remaining moneys and moneys due the account shall
24be deposited in the remedial action account.
25(Source: P.A. 101-400, eff. 7-1-20.)
 

 

 

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1    Section 15. The Drycleaner Environmental Response Trust
2Fund Act is amended by changing Sections 5, 25, 40, and 60 as
3follows:
 
4    (415 ILCS 135/5)
5    (Text of Section before amendment by P.A. 101-400)
6    Sec. 5. Definitions. As used in this Act:
7    (a) "Active drycleaning facility" means a drycleaning
8facility actively engaged in drycleaning operations and
9licensed under Section 60 of this Act.
10    (b) "Agency" means the Illinois Environmental Protection
11Agency.
12    (c) "Claimant" means an owner or operator of a drycleaning
13facility who has applied for reimbursement from the remedial
14account or who has submitted a claim under the insurance
15account with respect to a release.
16    (d) "Council" means the Drycleaner Environmental Response
17Trust Fund Council.
18    (e) "Drycleaner Environmental Response Trust Fund" or
19"Fund" means the fund created under Section 10 of this Act.
20    (f) "Drycleaning facility" means a facility located in this
21State that is or has been engaged in drycleaning operations for
22the general public, other than a:
23        (1) facility located on a United States military base;
24        (2) industrial laundry, commercial laundry, or linen
25    supply facility;

 

 

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1        (3) prison or other penal institution that engages in
2    drycleaning only as part of a Correctional Industries
3    program to provide drycleaning to persons who are
4    incarcerated in a prison or penal institution or to
5    resident patients of a State-operated mental health
6    facility;
7        (4) not-for-profit hospital or other health care
8    facility; or a
9        (5) facility located or formerly located on federal or
10    State property.
11    (g) "Drycleaning operations" means drycleaning of apparel
12and household fabrics for the general public, as described in
13Standard Industrial Classification Industry No. 7215 and No.
147216 in the Standard Industrial Classification Manual (SIC) by
15the Technical Committee on Industrial Classification.
16    (h) "Drycleaning solvent" means any and all nonaqueous
17solvents, including but not limited to a chlorine-based or
18petroleum-based formulation or product, including green
19solvents, that are used as a primary cleaning agent in
20drycleaning operations.
21    (i) "Emergency" or "emergency action" means a situation or
22an immediate response to a situation to protect public health
23or safety. "Emergency" or "emergency action" does not mean
24removal of contaminated soils, recovery of free product, or
25financial hardship. An "emergency" or "emergency action" would
26normally be expected to be directly related to a sudden event

 

 

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1or discovery and would last until the threat to public health
2is mitigated.
3    (j) "Groundwater" means underground water that occurs
4within the saturated zone and geologic materials where the
5fluid pressure in the pore space is equal to or greater than
6the atmospheric pressure.
7    (k) "Inactive drycleaning facility" means a drycleaning
8facility that is not being used for drycleaning operations and
9is not registered under this Act.
10    (l) "Maintaining a place of business in this State" or any
11like term means (1) having or maintaining within this State,
12directly or through a subsidiary, an office, distribution
13facility, distribution house, sales house, warehouse, or other
14place of business or (2) operating within this State as an
15agent or representative for a person or a person's subsidiary
16engaged in the business of selling to persons within this
17State, irrespective of whether the place of business or agent
18or other representative is located in this State permanently or
19temporary, or whether the person or the person's subsidiary
20engages in the business of selling in this State.
21    (m) "No Further Remediation Letter" means a letter provided
22by the Agency pursuant to Section 58.10 of Title XVII of the
23Environmental Protection Act.
24    (n) "Operator" means a person or entity holding a business
25license to operate a licensed drycleaning facility or the
26business operation of which the drycleaning facility is a part.

 

 

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1    (o) "Owner" means (1) a person who owns or has possession
2or control of a drycleaning facility at the time a release is
3discovered, regardless of whether the facility remains in
4operation or (2) a parent corporation of the person under item
5(1) of this subdivision.
6    (p) "Parent corporation" means a business entity or other
7business arrangement that has elements of common ownership or
8control or that uses a long-term contractual arrangement with a
9person to avoid direct responsibility for conditions at a
10drycleaning facility.
11    (q) "Person" means an individual, trust, firm, joint stock
12company, corporation, consortium, joint venture, or other
13commercial entity.
14    (r) "Program year" means the period beginning on July 1 and
15ending on the following June 30.
16    (s) "Release" means any spilling, leaking, emitting,
17discharging, escaping, leaching, or dispersing of drycleaning
18solvents from a drycleaning facility to groundwater, surface
19water, or subsurface soils.
20    (t) "Remedial action" means activities taken to comply with
21Sections 58.6 and 58.7 of the Environmental Protection Act and
22rules adopted by the Pollution Control Board under those
23Sections.
24    (u) "Responsible party" means an owner, operator, or other
25person financially responsible for costs of remediation of a
26release of drycleaning solvents from a drycleaning facility.

 

 

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1    (v) "Service provider" means a consultant, testing
2laboratory, monitoring well installer, soil boring contractor,
3other contractor, lender, or any other person who provides a
4product or service for which a claim for reimbursement has been
5or will be filed against the remedial account or insurance
6account, or a subcontractor of such a person.
7    (w) "Virgin facility" means a drycleaning facility that has
8never had chlorine-based or petroleum-based drycleaning
9solvents stored or used at the property prior to it becoming a
10green solvent drycleaning facility.
11(Source: P.A. 93-201, eff. 1-1-04.)
 
12    (Text of Section after amendment by P.A. 101-400)
13    Sec. 5. Definitions. As used in this Act:
14    "Active drycleaning facility" means a drycleaning facility
15actively engaged in drycleaning operations and licensed under
16Section 60 of this Act.
17    "Agency" means the Illinois Environmental Protection
18Agency.
19    "Board" means the Illinois Pollution Control Board.
20    "Claimant" means an owner or operator of a drycleaning
21facility who has applied for reimbursement from the remedial
22account or who has submitted a claim under the insurance
23account with respect to a release.
24    "Council" means the Drycleaner Environmental Response
25Trust Fund Council.

 

 

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1    "Drycleaner Environmental Response Trust Fund" or "Fund"
2means the fund created under Section 10 of this Act.
3    "Drycleaning facility" means a facility located in this
4State that is or has been engaged in drycleaning operations for
5the general public, other than:
6        (1) a facility located on a United States military
7    base;
8        (2) an industrial laundry, commercial laundry, or
9    linen supply facility;
10        (3) a prison or other penal institution that engages in
11    drycleaning only as part of a Correctional Industries
12    program to provide drycleaning to persons who are
13    incarcerated in a prison or penal institution or to
14    resident patients of a State-operated mental health
15    facility;
16        (4) a not-for-profit hospital or other health care
17    facility; or a
18        (5) a facility located or formerly located on federal
19    or State property.
20    "Drycleaning operations" means drycleaning of apparel and
21household fabrics for the general public, as described in
22Standard Industrial Classification Industry No. 7215 and No.
237216 in the Standard Industrial Classification Manual (SIC) by
24the Technical Committee on Industrial Classification.
25    "Drycleaning solvent" means any and all nonaqueous
26solvents, including but not limited to a chlorine-based or

 

 

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1petroleum-based formulation or product, including green
2solvents, that are used as a primary cleaning agent in
3drycleaning operations.
4    "Emergency" or "emergency action" means a situation or an
5immediate response to a situation to protect public health or
6safety. "Emergency" or "emergency action" does not mean removal
7of contaminated soils, recovery of free product, or financial
8hardship. An "emergency" or "emergency action" would normally
9be expected to be directly related to a sudden event or
10discovery and would last until the threat to public health is
11mitigated.
12    "Groundwater" means underground water that occurs within
13the saturated zone and geologic materials where the fluid
14pressure in the pore space is equal to or greater than the
15atmospheric pressure.
16    "Inactive drycleaning facility" means a drycleaning
17facility that is not being used for drycleaning operations and
18is not registered under this Act.
19    "Maintaining a place of business in this State" or any like
20term means (1) having or maintaining within this State,
21directly or through a subsidiary, an office, distribution
22facility, distribution house, sales house, warehouse, or other
23place of business or (2) operating within this State as an
24agent or representative for a person or a person's subsidiary
25engaged in the business of selling to persons within this
26State, irrespective of whether the place of business or agent

 

 

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1or other representative is located in this State permanently or
2temporary, or whether the person or the person's subsidiary
3engages in the business of selling in this State.
4    "No Further Remediation Letter" means a letter provided by
5the Agency pursuant to Section 58.10 of Title XVII of the
6Environmental Protection Act.
7    "Operator" means a person or entity holding a business
8license to operate a licensed drycleaning facility or the
9business operation of which the drycleaning facility is a part.
10    "Owner" means (1) a person who owns or has possession or
11control of a drycleaning facility at the time a release is
12discovered, regardless of whether the facility remains in
13operation or (2) a parent corporation of the person under item
14(1) of this subdivision.
15    "Parent corporation" means a business entity or other
16business arrangement that has elements of common ownership or
17control or that uses a long-term contractual arrangement with a
18person to avoid direct responsibility for conditions at a
19drycleaning facility.
20    "Person" means an individual, trust, firm, joint stock
21company, corporation, consortium, joint venture, or other
22commercial entity.
23    "Program year" means the period beginning on July 1 and
24ending on the following June 30.
25    "Release" means any spilling, leaking, emitting,
26discharging, escaping, leaching, or dispersing of drycleaning

 

 

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1solvents from a drycleaning facility to groundwater, surface
2water, or subsurface soils.
3    "Remedial action" means activities taken to comply with
4Title XVII of the Environmental Protection Act and rules
5adopted by the Board to administer that Title.
6    "Responsible party" means an owner, operator, or other
7person financially responsible for costs of remediation of a
8release of drycleaning solvents from a drycleaning facility.
9    "Service provider" means a consultant, testing laboratory,
10monitoring well installer, soil boring contractor, other
11contractor, lender, or any other person who provides a product
12or service for which a claim for reimbursement has been or will
13be filed against the Fund, or a subcontractor of such a person.
14    "Virgin facility" means a drycleaning facility that has
15never had chlorine-based or petroleum-based drycleaning
16solvents stored or used at the property prior to it becoming a
17green solvent drycleaning facility.
18(Source: P.A. 101-400, eff. 7-1-20.)
 
19    (415 ILCS 135/25)
20    (Text of Section before amendment by P.A. 101-400)
21    Sec. 25. Powers and duties of the Council.
22    (a) The Council shall have all of the general powers
23reasonably necessary and convenient to carry out its purposes
24and may perform the following functions, subject to any express
25limitations contained in this Act:

 

 

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1        (1) Take actions and enter into agreements necessary to
2    reimburse claimants for eligible remedial action expenses,
3    assist the Agency to protect the environment from releases,
4    reduce costs associated with remedial actions, and
5    establish and implement an insurance program.
6        (2) Acquire and hold personal property to be used for
7    the purpose of remedial action.
8        (3) Purchase, construct, improve, furnish, equip,
9    lease, option, sell, exchange, or otherwise dispose of one
10    or more improvements under the terms it determines. The
11    Council may define "improvements" by rule for purposes of
12    this Act.
13        (4) Grant a lien, pledge, assignment, or other
14    encumbrance on one or more revenues, assets of right,
15    accounts, or funds established or received in connection
16    with the Fund, including revenues derived from fees or
17    taxes collected under this Act.
18        (5) Contract for the acquisition or construction of one
19    or more improvements or parts of one or more improvements
20    or for the leasing, subleasing, sale, or other disposition
21    of one or more improvements in a manner the Council
22    determines.
23        (6) Cooperate with the Agency in the implementation and
24    administration of this Act to minimize unnecessary
25    duplication of effort, reporting, or paperwork and to
26    maximize environmental protection within the funding

 

 

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1    limits of this Act.
2        (7) Except as otherwise provided by law, inspect any
3    document in the possession of an owner, operator, service
4    provider, or any other person if the document is relevant
5    to a claim for reimbursement under this Section or may
6    inspect a drycleaning facility for which a claim for
7    benefits under this Act has been submitted.
8    (b) The Council shall pre-approve, and the contracting
9parties shall seek pre-approval for, a contract entered into
10under this Act if the cost of the contract exceeds $75,000. The
11Council or its designee shall review and approve or disapprove
12all contracts entered into under this Act. However, review by
13the Council or its designee shall not be required when an
14emergency situation exists. All contracts entered into by the
15Council shall be awarded on a competitive basis to the maximum
16extent practical. In those situations where it is determined
17that bidding is not practical, the basis for the determination
18of impracticability shall be documented by the Council or its
19designee.
20    (c) The Council may prioritize the expenditure of funds
21from the remedial action account whenever it determines that
22there are not sufficient funds to settle all current claims. In
23prioritizing, the Council may consider the following:
24        (1) the degree to which human health is affected by the
25    exposure posed by the release;
26        (2) the reduction of risk to human health derived from

 

 

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1    remedial action compared to the cost of the remedial
2    action;
3        (3) the present and planned uses of the impacted
4    property; and
5        (4) other factors as determined by the Council.
6    (d) The Council shall adopt rules allowing the direct
7payment from the Fund to a contractor who performs remediation.
8The rules concerning the direct payment shall include a
9provision that any applicable deductible must be paid by the
10drycleaning facility prior to any direct payment from the Fund.
11    (e) The Council may purchase reinsurance coverage to reduce
12the Fund's potential liability for reimbursement of remedial
13action costs.
14(Source: P.A. 93-201, eff. 1-1-04.)
 
15    (Text of Section after amendment by P.A. 101-400)
16    Sec. 25. Powers and duties of the Agency and Board.
17    (a) The Agency shall have all of the general powers
18reasonably necessary and convenient to carry out this Act,
19including, but not limited to, the power to:
20        (1) Take actions and enter into agreements necessary
21    to:
22            (A) reimburse claimants for eligible remedial
23        action expenses;
24            (B) protect the environment from releases for
25        which claimants are eligible for reimbursement under

 

 

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1        this Act by, among other things, performing
2        investigative, remedial, or other appropriate actions
3        in response to those releases; and
4            (C) reduce costs associated with remedial actions;
5        and .
6            (D) pay eligible claims in accordance with
7        coverage provided under Section 45 of this Act.
8        (2) Acquire and hold personal property to be used for
9    the purpose of remedial action.
10        (3) (Blank).
11        (4) (Blank).
12        (5) (Blank).
13        (6) (Blank).
14        (7) Except as otherwise provided by law, inspect any
15    document in the possession of an owner, operator, service
16    provider, or any other person if the document is relevant
17    to a claim for reimbursement under this Section or may
18    inspect a drycleaning facility for which a claim for
19    benefits under this Act has been submitted.
20    (b) (Blank).
21    (c) The Agency shall, in accordance with Board rules,
22prioritize the expenditure of funds from the remedial action
23account whenever it determines that there are not sufficient
24funds to settle all current claims. In prioritizing, the Agency
25shall consider, among other things, the following:
26        (1) the degree to which human health is affected by the

 

 

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1    exposure posed by the release;
2        (2) the reduction of risk to human health derived from
3    remedial action compared to the cost of the remedial
4    action;
5        (3) the present and planned uses of the impacted
6    property;
7        (4) whether the claimant is currently licensed,
8    insured, and has paid all fees and premiums due under this
9    Act; and
10        (5) other factors as determined by the Board.
11    (d) The Board may adopt rules allowing the direct payment
12from the Fund to a contractor who performs remediation. The
13rules concerning the direct payment shall include a provision
14that any applicable deductible must be paid by the drycleaning
15facility prior to any direct payment from the Fund.
16    (e) (Blank).
17    (f) The Agency may, in accordance with constitutional
18limitations, enter at all reasonable times upon any private or
19public property for the purpose of inspecting and investigating
20to ascertain possible violations of this Act, any rule adopted
21under this Act, or any order entered pursuant to this Act.
22    (g) If the Agency becomes aware of a violation of this Act
23or any rule adopted under this Act, it may refer the matter to
24the Attorney General for enforcement.
25    (h) In calendar years 2021 and 2022 and as deemed necessary
26by the Director of the Agency thereafter, the Agency shall

 

 

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1prepare a report on the status of the Fund and convene a public
2meeting for purposes of disseminating the information in the
3report and accepting questions from members of the public on
4its contents. The reports prepared by the Agency under this
5subsection shall, at a minimum, describe the current financial
6status of the Fund, identify administrative expenses incurred
7by the Agency in its administration of the Fund, identify
8amounts from the Fund that have been applied toward remedial
9action and insurance claims under the Act, and list the
10drycleaning facilities in the State eligible for reimbursement
11from the Fund that have completed remedial action. The Agency
12shall make available on its website an electronic copy of the
13reports required under this subsection.
14(Source: P.A. 101-400, eff. 7-1-20.)
 
15    (415 ILCS 135/40)
16    (Text of Section before amendment by P.A. 101-400)
17    Sec. 40. Remedial action account.
18    (a) The remedial action account is established to provide
19reimbursement to eligible claimants for drycleaning solvent
20investigation, remedial action planning, and remedial action
21activities for existing drycleaning solvent contamination
22discovered at their drycleaning facilities.
23    (b) The following persons are eligible for reimbursement
24from the remedial action account:
25        (1) In the case of claimant who is the owner or

 

 

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1    operator of an active drycleaning facility licensed by the
2    Council under this Act at the time of application for
3    remedial action benefits afforded under the Fund, the
4    claimant is only eligible for reimbursement of remedial
5    action costs incurred in connection with a release from
6    that drycleaning facility, subject to any other
7    limitations under this Act.
8        (2) In the case of a claimant who is the owner of an
9    inactive drycleaning facility and was the owner or operator
10    of the drycleaning facility when it was an active
11    drycleaning facility, the claimant is only eligible for
12    reimbursement of remedial action costs incurred in
13    connection with a release from the drycleaning facility,
14    subject to any other limitations under this Act.
15    (c) An eligible claimant requesting reimbursement from the
16remedial action account shall meet all of the following:
17        (1) The claimant demonstrates that the source of the
18    release is from the claimant's drycleaning facility.
19        (2) At the time the release was discovered by the
20    claimant, the claimant and the drycleaning facility were in
21    compliance with the Agency reporting and technical
22    operating requirements.
23        (3) The claimant reported the release in a timely
24    manner to the Agency in accordance with State law.
25        (4) (Blank).
26        (5) If the claimant is the owner or operator of an

 

 

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1    active drycleaning facility, the claimant has provided to
2    the Council proof of implementation and maintenance of the
3    following pollution prevention measures:
4            (A) That all drycleaning solvent wastes generated
5        at a drycleaning facility be managed in accordance with
6        applicable State waste management laws and rules.
7            (B) A prohibition on the discharge of wastewater
8        from drycleaning machines or of drycleaning solvent
9        from drycleaning operations to a sanitary sewer or
10        septic tank or to the surface or in groundwater.
11            (C) That every drycleaning facility:
12                (I) install a containment dike or other
13            containment structure around each machine, item of
14            equipment, drycleaning area, and portable waste
15            container in which any drycleaning solvent is
16            utilized, which shall be capable of containing
17            leaks, spills, or releases of drycleaning solvent
18            from that machine, item, area, or container. The
19            containment dike or other containment structure
20            shall be capable of at least the following: (i)
21            containing a capacity of 110% of the drycleaning
22            solvent in the largest tank or vessel within the
23            machine; (ii) containing 100% of the drycleaning
24            solvent of each item of equipment or drycleaning
25            area; and (iii) containing 100% of the drycleaning
26            solvent of the largest portable waste container or

 

 

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1            at least 10% of the total volume of the portable
2            waste containers stored within the containment
3            dike or structure, whichever is greater.
4                Petroleum underground storage tank systems
5            that are upgraded in accordance with USEPA upgrade
6            standards pursuant to 40 CFR Part 280 for the tanks
7            and related piping systems and use a leak detection
8            system approved by the USEPA or IEPA are exempt
9            from this secondary containment requirement; and
10                (II) seal or otherwise render impervious those
11            portions of diked floor surfaces on which a
12            drycleaning solvent may leak, spill, or otherwise
13            be released.
14            (D) A requirement that all drycleaning solvent
15        shall be delivered to drycleaning facilities by means
16        of closed, direct-coupled delivery systems.
17        (6) An active drycleaning facility has maintained
18    continuous financial assurance for environmental liability
19    coverage in the amount of at least $500,000 at least since
20    the date of award of benefits under this Section or July 1,
21    2000, whichever is earlier. An uninsured drycleaning
22    facility that has filed an application for insurance with
23    the Fund by January 1, 2004, obtained insurance through
24    that application, and maintained that insurance coverage
25    continuously shall be considered to have conformed with the
26    requirements of this subdivision (6). To conform with this

 

 

SB0718 Engrossed- 34 -LRB101 04479 CPF 49487 b

1    requirement the applicant must pay the equivalent of the
2    total premiums due for the period beginning June 30, 2000
3    through the date of application plus a 20% penalty of the
4    total premiums due for that period.
5        (7) The release was discovered on or after July 1, 1997
6    and before July 1, 2006.
7    (d) A claimant shall submit a completed application form
8provided by the Council. The application shall contain
9documentation of activities, plans, and expenditures
10associated with the eligible costs incurred in response to a
11release of drycleaning solvent from a drycleaning facility.
12Application for remedial action account benefits must be
13submitted to the Council on or before June 30, 2005.
14    (e) Claimants shall be subject to the following deductible
15requirements, unless modified pursuant to the Council's
16authority under Section 75:
17        (1) An eligible claimant submitting a claim for an
18    active drycleaning facility is responsible for the first
19    $5,000 of eligible investigation costs and for the first
20    $10,000 of eligible remedial action costs incurred in
21    connection with the release from the drycleaning facility
22    and is only eligible for reimbursement for costs that
23    exceed those amounts, subject to any other limitations of
24    this Act.
25        (2) An eligible claimant submitting a claim for an
26    inactive drycleaning facility is responsible for the first

 

 

SB0718 Engrossed- 35 -LRB101 04479 CPF 49487 b

1    $10,000 of eligible investigation costs and for the first
2    $10,000 of eligible remedial action costs incurred in
3    connection with the release from that drycleaning
4    facility, and is only eligible for reimbursement for costs
5    that exceed those amounts, subject to any other limitations
6    of this Act.
7    (f) Claimants are subject to the following limitations on
8reimbursement:
9        (1) Subsequent to meeting the deductible requirements
10    of subsection (e), and pursuant to the requirements of
11    Section 75, reimbursement shall not exceed $300,000 per
12    active drycleaning facility and $50,000 per inactive
13    drycleaning facility.
14        (2) A contract in which one of the parties to the
15    contract is a claimant, for goods or services that may be
16    payable or reimbursable from the Council, is void and
17    unenforceable unless and until the Council has found that
18    the contract terms are within the range of usual and
19    customary rates for similar or equivalent goods or services
20    within this State and has found that the goods or services
21    are necessary for the claimant to comply with Council
22    standards or other applicable regulatory standards.
23        (3) A claimant may appoint the Council as an agent for
24    the purposes of negotiating contracts with suppliers of
25    goods or services reimbursable by the Fund. The Council may
26    select another contractor for goods or services other than

 

 

SB0718 Engrossed- 36 -LRB101 04479 CPF 49487 b

1    the one offered by the claimant if the scope of the
2    proposed work or actual work of the claimant's offered
3    contractor does not reflect the quality of workmanship
4    required or if the costs are determined to be excessive, as
5    determined by the Council.
6        (4) The Council may require a claimant to obtain and
7    submit 3 bids and may require specific terms and conditions
8    in a contract subject to approval.
9        (5) The Council may enter into a contract or an
10    exclusive contract with the supplier of goods or services
11    required by a claimant or class of claimants, in connection
12    with an expense reimbursable from the Fund, for a specified
13    good or service at a gross maximum price or fixed rate, and
14    may limit reimbursement accordingly.
15        (6) Unless emergency conditions exist, a service
16    provider shall obtain the Council's approval of the budget
17    for the remediation work before commencing the work. No
18    expense incurred that is above the budgeted amount shall be
19    paid unless the Council approves the expense prior to its
20    being incurred. All invoices and bills relating to the
21    remediation work shall be submitted with appropriate
22    documentation, as deemed necessary by the Council.
23        (7) Neither the Council nor an eligible claimant is
24    responsible for payment for costs incurred that have not
25    been previously approved by the Council, unless an
26    emergency exists.

 

 

SB0718 Engrossed- 37 -LRB101 04479 CPF 49487 b

1        (8) The Council may determine the usual and customary
2    costs of each item for which reimbursement may be awarded
3    under this Section. The Council may revise the usual and
4    customary costs from time to time as necessary, but costs
5    submitted for reimbursement shall be subject to the rates
6    in effect at the time the costs were incurred.
7        (9) If a claimant has pollution liability insurance
8    coverage other than coverage provided by the insurance
9    account under this Act, that coverage shall be primary.
10    Reimbursement from the remedial account shall be limited to
11    the deductible amounts under the primary coverage and the
12    amount that exceeds the policy limits of the primary
13    coverage, subject to the deductible amounts of this Act. If
14    there is a dispute between the claimant and the primary
15    insurance provider, reimbursement from the remedial action
16    account may be made to the claimant after the claimant
17    assigns all of his or her interests in the insurance
18    coverage to the Council.
19    (g) The source of funds for the remedial action account
20shall be moneys allocated to the account by the Council
21according to the Fund budget approved by the Council.
22    (h) A drycleaning facility will be classified as active or
23inactive for purposes of determining benefits under this
24Section based on the status of the facility on the date a claim
25is filed.
26    (i) Eligible claimants shall conduct remedial action in

 

 

SB0718 Engrossed- 38 -LRB101 04479 CPF 49487 b

1accordance with the Site Remediation Program under the
2Environmental Protection Act and Part 740 of Title 35 of the
3Illinois Administrative Code and the Tiered Approach to Cleanup
4Objectives under Part 742 of Title 35 of the Illinois
5Administrative Code.
6    (j) Effective January 1, 2012, an active drycleaning
7facility that has previously received or is currently receiving
8reimbursement for the costs of a remedial action, as defined in
9this Act, shall maintain continuous financial assurance for
10environmental liability coverage in the amount of at least
11$500,000 until the earlier of (i) January 1, 2020 or (ii) the
12date the Council determines the drycleaning facility is an
13inactive drycleaning facility. Failure to comply with this
14requirement will result in the revocation of the drycleaning
15facility's existing license and in the inability of the
16drycleaning facility to obtain or renew a license under Section
1760 of this Act.
18(Source: P.A. 96-774, eff. 1-1-10; 97-377, eff. 1-1-12.)
 
19    (Text of Section after amendment by P.A. 101-400)
20    Sec. 40. Remedial action account.
21    (a) The remedial action account is established to provide
22reimbursement to eligible claimants for drycleaning solvent
23investigation, remedial action planning, and remedial action
24activities for existing drycleaning solvent contamination
25discovered at their drycleaning facilities.

 

 

SB0718 Engrossed- 39 -LRB101 04479 CPF 49487 b

1    (b) The following persons are eligible for reimbursement
2from the remedial action account:
3        (1) In the case of a claimant who is the owner or
4    operator of an active drycleaning facility licensed under
5    this Act at the time of application for remedial action
6    benefits afforded under the Fund, the claimant is only
7    eligible for reimbursement of remedial action costs
8    incurred in connection with a release from that drycleaning
9    facility, subject to any other limitations under this Act.
10        (2) In the case of a claimant who is the owner of an
11    inactive drycleaning facility and was the owner or operator
12    of the drycleaning facility when it was an active
13    drycleaning facility, the claimant is only eligible for
14    reimbursement of remedial action costs incurred in
15    connection with a release from the drycleaning facility,
16    subject to any other limitations under this Act.
17    (c) An eligible claimant requesting reimbursement from the
18remedial action account shall meet all of the following:
19        (1) The claimant demonstrates that the source of the
20    release is from the claimant's drycleaning facility.
21        (2) At the time the release was discovered by the
22    claimant, the claimant and the drycleaning facility were in
23    compliance with the Agency reporting and technical
24    operating requirements.
25        (3) The claimant reported the release in a timely
26    manner in accordance with State law.

 

 

SB0718 Engrossed- 40 -LRB101 04479 CPF 49487 b

1        (4) The drycleaning facility site is enrolled in the
2    Site Remediation Program established under Title XVII of
3    the Environmental Protection Act.
4        (5) If the claimant is the owner or operator of an
5    active drycleaning facility, the claimant must ensure
6    that:
7            (A) All drycleaning solvent wastes generated at
8        the drycleaning facility are managed in accordance
9        with applicable State waste management laws and rules.
10            (B) There is no discharge of wastewater from
11        drycleaning machines, or of drycleaning solvent from
12        drycleaning operations, to a sanitary sewer or septic
13        tank or to the surface or in groundwater.
14            (C) The drycleaning facility has a containment
15        dike or other containment structure around each
16        machine, item of equipment, drycleaning area, and
17        portable waste container in which any drycleaning
18        solvent is utilized, which is capable of containing
19        leaks, spills, or releases of drycleaning solvent from
20        that machine, item, area, or container. The
21        containment dike or other containment structure shall
22        be capable of at least the following: (i) containing a
23        capacity of 110% of the drycleaning solvent in the
24        largest tank or vessel within the machine; (ii)
25        containing 100% of the drycleaning solvent of each item
26        of equipment or drycleaning area; and (iii) containing

 

 

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1        100% of the drycleaning solvent of the largest portable
2        waste container or at least 10% of the total volume of
3        the portable waste containers stored within the
4        containment dike or structure, whichever is greater.
5            Petroleum underground storage tank systems that
6        are in compliance with USEPA and State Fire Marshal
7        rules, including, but not limited to, leak detection
8        system rules, are exempt from this secondary
9        containment requirement.
10            (D) Those portions of diked floor surfaces on which
11        a drycleaning solvent may leak, spill, or otherwise be
12        released are sealed or otherwise impervious.
13            (E) All drycleaning solvent is delivered to
14        drycleaning facilities by means of closed,
15        direct-coupled delivery systems.
16        (6) An active drycleaning facility has maintained
17    continuous financial assurance for environmental liability
18    coverage in the amount of at least $500,000 at least since
19    the date of award of benefits under this Section or July 1,
20    2000, whichever is earlier. An uninsured drycleaning
21    facility that has filed an application for insurance with
22    the Fund by January 1, 2004, obtained insurance through
23    that application, and maintained that insurance coverage
24    continuously shall be considered to have conformed with the
25    requirements of this subdivision (6). To conform with this
26    requirement the applicant must pay the equivalent of the

 

 

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1    total premiums due for the period beginning June 30, 2000
2    through the date of application plus a 20% penalty of the
3    total premiums due for that period.
4        (7) The release was discovered on or after July 1, 1997
5    and before July 1, 2006.
6    (d) A claimant must have submitted a completed application
7form provided by the Council. The application shall contain
8documentation of activities, plans, and expenditures
9associated with the eligible costs incurred in response to a
10release of drycleaning solvent from a drycleaning facility.
11Application for remedial action account benefits must have been
12submitted to the Council on or before June 30, 2005.
13    (e) Claimants shall be subject to the following deductible
14requirements:
15        (1) If, by January 1, 2008, an eligible claimant
16    submitting a claim for an active drycleaning facility
17    completed site investigation and submitted to the Council a
18    complete remedial action plan for the site, then the
19    eligible claimant is responsible for the first $5,000 of
20    eligible investigation costs and for the first $10,000 of
21    eligible remedial action costs incurred in connection with
22    the release from the drycleaning facility and is only
23    eligible for reimbursement for costs that exceed those
24    amounts, subject to any other limitations of this Act. Any
25    eligible claimant submitting any other claim for an active
26    drycleaning facility is responsible for the first $5,000 of

 

 

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1    eligible investigation costs and for the first $15,000 of
2    eligible remedial action costs incurred in connection with
3    the release from the drycleaning facility, and is only
4    eligible for reimbursement for costs that exceed those
5    amounts, subject to any other limitations of this Act.
6        (2) If, by January 1, 2008, an eligible claimant
7    submitting a claim for an inactive drycleaning facility
8    completed site investigation and submitted to the Council a
9    complete remedial action plan for the site, then the
10    claimant is responsible for the first $10,000 of eligible
11    investigation costs and for the first $10,000 of eligible
12    remedial action costs incurred in connection with the
13    release from that drycleaning facility, and is only
14    eligible for reimbursement for costs that exceed those
15    amounts, subject to any other limitations of this Act. Any
16    eligible claimant submitting any other claim for an
17    inactive drycleaning facility is responsible for the first
18    $15,000 of eligible investigation costs and for the first
19    $15,000 of eligible remedial action costs incurred in
20    connection with the release from the drycleaning facility,
21    and is only eligible for reimbursement for costs that
22    exceed those amounts, subject to any other limitations of
23    this Act.
24    (f) Claimants are subject to the following limitations on
25reimbursement:
26        (1) Subsequent to meeting the deductible requirements

 

 

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1    of subsection (e), reimbursement shall not exceed $300,000
2    per active drycleaning facility and $50,000 per inactive
3    drycleaning facility.
4        (2) (Blank).
5        (3) (Blank).
6        (4) The Agency may require a claimant to obtain and
7    submit 3 bids and may require specific terms and conditions
8    in a contract subject to approval.
9        (5) The Agency may enter into a contract or an
10    exclusive contract with the supplier of goods or services
11    required by a claimant or class of claimants, in connection
12    with an expense reimbursable from the Fund, for a specified
13    good or service at a gross maximum price or fixed rate, and
14    may limit reimbursement accordingly.
15        (6) Unless emergency conditions exist, a service
16    provider shall obtain the Agency's approval of all
17    remediation work to be reimbursed from the Fund and a
18    budget for the remediation work before commencing the work.
19    No expense incurred that is above the budgeted amount shall
20    be paid unless the Agency approves the expense. All
21    invoices and bills relating to the remediation work shall
22    be submitted with appropriate documentation, as deemed
23    necessary by the Agency.
24        (7) Neither the Council, nor the Agency, nor an
25    eligible claimant is responsible for payment for costs
26    incurred that have not been previously approved by the

 

 

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1    Council, or Agency, unless an emergency exists.
2        (8) To be eligible for reimbursement from the Fund,
3    costs must be within the range of usual and customary rates
4    for similar or equivalent goods or services, incurred in
5    performance of remediation work approved by the Agency, and
6    necessary to respond to the release for which the claimant
7    is seeking reimbursement from the Fund.
8        (9) If a claimant has pollution liability insurance
9    coverage other than coverage provided by the insurance
10    account under this Act, that coverage shall be primary.
11    Reimbursement from the remedial account shall be limited to
12    the deductible amounts under the primary coverage and the
13    amount that exceeds the policy limits of the primary
14    coverage, subject to the deductible amounts established
15    pursuant to this Act.
16    (f-5) Costs of corrective action or indemnification
17incurred by a claimant which have been paid to a claimant under
18a policy of insurance other than the insurance provided under
19this Act, another written agreement, or a court order are not
20eligible for reimbursement. A claimant who receives payment
21under such a policy, written agreement, or court order shall
22reimburse the State to the extent such payment covers costs for
23which payment was received from the Fund. Any moneys received
24by the State under this subsection shall be deposited into the
25Fund.
26    (g) The source of funds for the remedial action account

 

 

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1shall be moneys allocated to the account by the Agency.
2    (h) A drycleaning facility will be classified as active or
3inactive for purposes of determining benefits under this
4Section based on the status of the facility on the date a claim
5is filed.
6    (i) Eligible claimants shall conduct remedial action in
7accordance with Title XVII of the Environmental Protection Act
8and rules adopted under that Act.
9    (j) Effective January 1, 2012, the owner or operator of an
10active drycleaning facility that has previously received or is
11currently receiving reimbursement for the costs of a remedial
12action, as defined in this Act, shall maintain continuous
13financial assurance for environmental liability coverage in
14the amount of at least $500,000 for that facility until January
151, 2030. Failure to comply with this requirement will result in
16the revocation of the drycleaning facility's existing license
17and in the inability of the drycleaning facility to obtain or
18renew a license under Section 60 of this Act.
19    (k) Owners Effective January 1, 2020, owners and operators
20of inactive drycleaning facilities that are eligible for
21reimbursement from the Fund on that date shall, through
22calendar year 2029 until January 1, 2030, pay an annual $3,000
23administrative assessment each calendar year to the Agency for
24the facility. For calendar year 2020, the annual assessment
25described in this subsection (k) is due on or before October 1,
262020. For each subsequent calendar year, the annual assessment

 

 

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1described in this subsection (k) is due on or before February 1
2of the applicable calendar year. Administrative assessments
3collected by the Agency under this subsection (k) shall be
4deposited into the Fund.
5(Source: P.A. 101-400, eff. 7-1-20.)
 
6    (415 ILCS 135/60)
7    (Text of Section before amendment by P.A. 101-400)
8    (Section scheduled to be repealed on January 1, 2020;
9Public Act 101-400 contains language changing the repeal date
10of this Section from January 1, 2020 to January 1, 2030, but
11the repeal of this Section takes place before Public Act
12101-400 takes effect on July 1, 2020)
13    Sec. 60. Drycleaning facility license.
14    (a) On and after January 1, 1998, no person shall operate a
15drycleaning facility in this State without a license issued by
16the Council.
17    (b) The Council shall issue an initial or renewal license
18to a drycleaning facility on submission by an applicant of a
19completed form prescribed by the Council, proof of payment of
20the required fee to the Department of Revenue, and, if the
21drycleaning facility has previously received or is currently
22receiving reimbursement for the costs of a remedial action, as
23defined in this Act, proof of compliance with subsection (j) of
24Section 40. Beginning January 1, 2013, license renewal
25application forms must include a certification by the applicant

 

 

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1that all hazardous waste stored at the drycleaning facility is
2stored in accordance with all applicable federal and state laws
3and regulations, and that all hazardous waste transported from
4the drycleaning facility is transported in accordance with all
5applicable federal and state laws and regulations. Also,
6beginning January 1, 2013, license renewal applications must
7include copies of all manifests for hazardous waste transported
8from the drycleaning facility during the previous 12 months or
9since the last submission of copies of manifests, whichever is
10longer. If the Council does not receive a copy of a manifest
11for a drycleaning facility within a 3-year period, or within a
12shorter period as determined by the Council, the Council shall
13make appropriate inquiry into the management of hazardous waste
14at the facility and may share the results of the inquiry with
15the Agency.
16    (c) On or after January 1, 2004, the annual fees for
17licensure are as follows:
18        (1) $500 for a facility that uses (i) 50 gallons or
19    less of chlorine-based or green drycleaning solvents
20    annually, (ii) 250 or less gallons annually of
21    hydrocarbon-based drycleaning solvents in a drycleaning
22    machine equipped with a solvent reclaimer, or (iii) 500
23    gallons or less annually of hydrocarbon-based drycleaning
24    solvents in a drycleaning machine without a solvent
25    reclaimer.
26        (2) $500 for a facility that uses (i) more than 50

 

 

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1    gallons but not more than 100 gallons of chlorine-based or
2    green drycleaning solvents annually, (ii) more than 250
3    gallons but not more 500 gallons annually of
4    hydrocarbon-based solvents in a drycleaning machine
5    equipped with a solvent reclaimer, or (iii) more than 500
6    gallons but not more than 1,000 gallons annually of
7    hydrocarbon-based drycleaning solvents in a drycleaning
8    machine without a solvent reclaimer.
9        (3) $500 for a facility that uses (i) more than 100
10    gallons but not more than 150 gallons of chlorine-based or
11    green drycleaning solvents annually, (ii) more than 500
12    gallons but not more than 750 gallons annually of
13    hydrocarbon-based solvents in a drycleaning machine
14    equipped with a solvent reclaimer, or (iii) more than 1,000
15    gallons but not more than 1,500 gallons annually of
16    hydrocarbon-based drycleaning solvents in a drycleaning
17    machine without a solvent reclaimer.
18        (4) $1,000 for a facility that uses (i) more than 150
19    gallons but not more than 200 gallons of chlorine-based or
20    green drycleaning solvents annually, (ii) more than 750
21    gallons but not more than 1,000 gallons annually of
22    hydrocarbon-based solvents in a drycleaning machine
23    equipped with a solvent reclaimer, or (iii) more than 1,500
24    gallons but not more than 2,000 gallons annually of
25    hydrocarbon-based drycleaning solvents in a drycleaning
26    machine without a solvent reclaimer.

 

 

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1        (5) $1,000 for a facility that uses (i) more than 200
2    gallons but not more than 250 gallons of chlorine-based or
3    green drycleaning solvents annually, (ii) more than 1,000
4    gallons but not more than 1,250 gallons annually of
5    hydrocarbon-based solvents in a drycleaning machine
6    equipped with a solvent reclaimer, or (iii) more than 2,000
7    gallons but not more than 2,500 gallons annually of
8    hydrocarbon-based drycleaning solvents in a drycleaning
9    machine without a solvent reclaimer.
10        (6) $1,000 for a facility that uses (i) more than 250
11    gallons but not more than 300 gallons of chlorine-based or
12    green drycleaning solvents annually, (ii) more than 1,250
13    gallons but not more than 1,500 gallons annually of
14    hydrocarbon-based solvents in a drycleaning machine
15    equipped with a solvent reclaimer, or (iii) more than 2,500
16    gallons but not more than 3,000 gallons annually of
17    hydrocarbon-based drycleaning solvents in a drycleaning
18    machine without a solvent reclaimer.
19        (7) $1,000 for a facility that uses (i) more than 300
20    gallons but not more than 350 gallons of chlorine-based or
21    green drycleaning solvents annually, (ii) more than 1,500
22    gallons but not more than 1,750 gallons annually of
23    hydrocarbon-based solvents in a drycleaning machine
24    equipped with a solvent reclaimer, or (iii) more than 3,000
25    gallons but not more than 3,500 gallons annually of
26    hydrocarbon-based drycleaning solvents in a drycleaning

 

 

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1    machine without a solvent reclaimer.
2        (8) $1,500 for a facility that uses (i) more than 350
3    gallons but not more than 400 gallons of chlorine-based or
4    green drycleaning solvents annually, (ii) more than 1,750
5    gallons but not more than 2,000 gallons annually of
6    hydrocarbon-based solvents in a drycleaning machine
7    equipped with a solvent reclaimer, or (iii) more than 3,500
8    gallons but not more than 4,000 gallons annually of
9    hydrocarbon-based drycleaning solvents in a drycleaning
10    machine without a solvent reclaimer.
11        (9) $1,500 for a facility that uses (i) more than 400
12    gallons but not more than 450 gallons of chlorine-based or
13    green drycleaning solvents annually, (ii) more than 2,000
14    gallons but not more than 2,250 gallons annually of
15    hydrocarbon-based solvents in a drycleaning machine
16    equipped with a solvent reclaimer, or (iii) more than 4,000
17    gallons but not more than 4,500 gallons annually of
18    hydrocarbon-based drycleaning solvents in a drycleaning
19    machine without a solvent reclaimer.
20        (10) $1,500 for a facility that uses (i) more than 450
21    gallons but not more than 500 gallons of chlorine-based or
22    green drycleaning solvents annually, (ii) more than 2,250
23    gallons but not more than 2,500 gallons annually of
24    hydrocarbon-based solvents used in a drycleaning machine
25    equipped with a solvent reclaimer, or (iii) more than 4,500
26    gallons but not more than 5,000 gallons annually of

 

 

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1    hydrocarbon-based drycleaning solvents in a drycleaning
2    machine without a solvent reclaimer.
3        (11) $1,500 for a facility that uses (i) more than 500
4    gallons but not more than 550 gallons of chlorine-based or
5    green drycleaning solvents annually, (ii) more than 2,500
6    gallons but not more than 2,750 gallons annually of
7    hydrocarbon-based solvents in a drycleaning machine
8    equipped with a solvent reclaimer, or (iii) more than 5,000
9    gallons but not more than 5,500 gallons annually of
10    hydrocarbon-based drycleaning solvents in a drycleaning
11    machine without a solvent reclaimer.
12        (12) $1,500 for a facility that uses (i) more than 550
13    gallons but not more than 600 gallons of chlorine-based or
14    green drycleaning solvents annually, (ii) more than 2,750
15    gallons but not more than 3,000 gallons annually of
16    hydrocarbon-based solvents in a drycleaning machine
17    equipped with a solvent reclaimer, or (iii) more than 5,500
18    gallons but not more than 6,000 gallons annually of
19    hydrocarbon-based drycleaning solvents in a drycleaning
20    machine without a solvent reclaimer.
21        (13) $1,500 for a facility that uses (i) more than 600
22    gallons of chlorine-based or green drycleaning solvents
23    annually, (ii) more than 3,000 gallons but not more than
24    3,250 gallons annually of hydrocarbon-based solvents in a
25    drycleaning machine equipped with a solvent reclaimer, or
26    (iii) more than 6,000 gallons of hydrocarbon-based

 

 

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1    drycleaning solvents annually in a drycleaning machine
2    equipped without a solvent reclaimer.
3        (14) $1,500 for a facility that uses more than 3,250
4    gallons but not more than 3,500 gallons annually of
5    hydrocarbon-based solvents in a drycleaning machine
6    equipped with a solvent reclaimer.
7        (15) $1,500 for a facility that uses more than 3,500
8    gallons but not more than 3,750 gallons annually of
9    hydrocarbon-based solvents used in a drycleaning machine
10    equipped with a solvent reclaimer.
11        (16) $1,500 for a facility that uses more than 3,750
12    gallons but not more than 4,000 gallons annually of
13    hydrocarbon-based solvents in a drycleaning machine
14    equipped with a solvent reclaimer.
15        (17) $1,500 for a facility that uses more than 4,000
16    gallons annually of hydrocarbon-based solvents in a
17    drycleaning machine equipped with a solvent reclaimer.
18    For purpose of this subsection, the quantity of drycleaning
19solvents used annually shall be determined as follows:
20        (1) in the case of an initial applicant, the quantity
21    of drycleaning solvents that the applicant estimates will
22    be used during his or her initial license year. A fee
23    assessed under this subdivision is subject to audited
24    adjustment for that year; or
25        (2) in the case of a renewal applicant, the quantity of
26    drycleaning solvents actually purchased in the preceding

 

 

SB0718 Engrossed- 54 -LRB101 04479 CPF 49487 b

1    license year.
2    The Council may adjust licensing fees annually based on the
3published Consumer Price Index - All Urban Consumers ("CPI-U")
4or as otherwise determined by the Council.
5    (d) A license issued under this Section shall expire one
6year after the date of issuance and may be renewed on
7reapplication to the Council and submission of proof of payment
8of the appropriate fee to the Department of Revenue in
9accordance with subsections (c) and (e). At least 30 days
10before payment of a renewal licensing fee is due, the Council
11shall attempt to:
12        (1) notify the operator of each licensed drycleaning
13    facility concerning the requirements of this Section; and
14        (2) submit a license fee payment form to the licensed
15    operator of each drycleaning facility.
16    (e) An operator of a drycleaning facility shall submit the
17appropriate application form provided by the Council with the
18license fee in the form of cash, credit card, business check,
19or guaranteed remittance to the Department of Revenue. The
20Department may accept payment of the license fee under this
21Section by credit card only if the Department is not required
22to pay a discount fee charged by the credit card issuer. The
23license fee payment form and the actual license fee payment
24shall be administered by the Department of Revenue under rules
25adopted by that Department.
26    (f) The Department of Revenue shall issue a proof of

 

 

SB0718 Engrossed- 55 -LRB101 04479 CPF 49487 b

1payment receipt to each operator of a drycleaning facility who
2has paid the appropriate fee in cash or by guaranteed
3remittance, credit card, or business check. However, the
4Department of Revenue shall not issue a proof of payment
5receipt to a drycleaning facility that is liable to the
6Department of Revenue for a tax imposed under this Act. The
7original receipt shall be presented to the Council by the
8operator of a drycleaning facility.
9    (g) (Blank).
10    (h) The Council and the Department of Revenue may adopt
11rules as necessary to administer the licensing requirements of
12this Act.
13(Source: P.A. 96-774, eff. 1-1-10; 97-332, eff. 8-12-11;
1497-377, eff. 1-1-12; 97-663, eff. 1-13-12; 97-813, eff.
157-13-12; 97-1057, eff. 1-1-13.)
 
16    (Text of Section after amendment by P.A. 101-400)
17    (Section scheduled to be repealed on January 1, 2020;
18Public Act 101-400 contains language changing the repeal date
19of this Section from January 1, 2020 to January 1, 2030, but
20the repeal of this Section takes place before Public Act
21101-400 takes effect on July 1, 2020))
22    Sec. 60. Drycleaning facility license.
23    (a) No person shall operate a drycleaning facility in this
24State without a license issued by the Council or Agency. Until
25July 1, 2020, the license required under this subsection shall

 

 

SB0718 Engrossed- 56 -LRB101 04479 CPF 49487 b

1be issued by the Council. On and after July 1, 2020, the
2license required under this subsection shall be issued by the
3Agency.
4    (b) Beginning July 1, 2020, an initial or renewal license
5shall be issued to a drycleaning facility on submission by an
6applicant of a completed form prescribed by the Agency and
7proof of payment of the required fee to the Department of
8Revenue, and, if the drycleaning facility has previously
9received or is currently receiving reimbursement for the costs
10of a remedial action, as defined in this Act, proof of
11compliance with subsection (j) of Section 40. The Agency shall
12make available on its website an electronic copy of the
13required license and license renewal applications. License
14renewal application forms must include a certification by the
15applicant:
16        (1) that all hazardous waste stored at the drycleaning
17    facility is stored in accordance with all applicable
18    federal and state laws and regulations;
19        (2) that all hazardous waste transported from the
20    drycleaning facility is transported in accordance with all
21    applicable federal and state laws and regulations; and
22        (3) that the applicant has successfully completed all
23    continuing education requirements adopted by the Board
24    pursuant to Section 12 of this the Drycleaner Environmental
25    Response Trust Fund Act.
26    (c) The annual fees for licensure are as follows:

 

 

SB0718 Engrossed- 57 -LRB101 04479 CPF 49487 b

1        (1) $1,500 for a facility that uses (i) 50 gallons or
2    less of chlorine-based or green drycleaning solvents
3    annually, (ii) 250 or less gallons annually of
4    hydrocarbon-based drycleaning solvents in a drycleaning
5    machine equipped with a solvent reclaimer, or (iii) 500
6    gallons or less annually of hydrocarbon-based drycleaning
7    solvents in a drycleaning machine without a solvent
8    reclaimer.
9        (2) $2,250 for a facility that uses (i) more than 50
10    gallons but not more than 100 gallons of chlorine-based or
11    green drycleaning solvents annually, (ii) more than 250
12    gallons but not more 500 gallons annually of
13    hydrocarbon-based solvents in a drycleaning machine
14    equipped with a solvent reclaimer, or (iii) more than 500
15    gallons but not more than 1,000 gallons annually of
16    hydrocarbon-based drycleaning solvents in a drycleaning
17    machine without a solvent reclaimer.
18        (3) $3,000 for a facility that uses (i) more than 100
19    gallons but not more than 150 gallons of chlorine-based or
20    green drycleaning solvents annually, (ii) more than 500
21    gallons but not more than 750 gallons annually of
22    hydrocarbon-based solvents in a drycleaning machine
23    equipped with a solvent reclaimer, or (iii) more than 1,000
24    gallons but not more than 1,500 gallons annually of
25    hydrocarbon-based drycleaning solvents in a drycleaning
26    machine without a solvent reclaimer.

 

 

SB0718 Engrossed- 58 -LRB101 04479 CPF 49487 b

1        (4) $3,750 for a facility that uses (i) more than 150
2    gallons but not more than 200 gallons of chlorine-based or
3    green drycleaning solvents annually, (ii) more than 750
4    gallons but not more than 1,000 gallons annually of
5    hydrocarbon-based solvents in a drycleaning machine
6    equipped with a solvent reclaimer, or (iii) more than 1,500
7    gallons but not more than 2,000 gallons annually of
8    hydrocarbon-based drycleaning solvents in a drycleaning
9    machine without a solvent reclaimer.
10        (5) $4,500 for a facility that uses (i) more than 200
11    gallons but not more than 250 gallons of chlorine-based or
12    green drycleaning solvents annually, (ii) more than 1,000
13    gallons but not more than 1,250 gallons annually of
14    hydrocarbon-based solvents in a drycleaning machine
15    equipped with a solvent reclaimer, or (iii) more than 2,000
16    gallons but not more than 2,500 gallons annually of
17    hydrocarbon-based drycleaning solvents in a drycleaning
18    machine without a solvent reclaimer.
19        (6) $5,000 for a facility that uses (i) more than 250
20    gallons but not more than 300 gallons of chlorine-based or
21    green drycleaning solvents annually, (ii) more than 1,250
22    gallons but not more than 1,500 gallons annually of
23    hydrocarbon-based solvents in a drycleaning machine
24    equipped with a solvent reclaimer, or (iii) more than 2,500
25    gallons but not more than 3,000 gallons annually of
26    hydrocarbon-based drycleaning solvents in a drycleaning

 

 

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1    machine without a solvent reclaimer.
2        (7) $5,000 for a facility that uses (i) more than 300
3    gallons but not more than 350 gallons of chlorine-based or
4    green drycleaning solvents annually, (ii) more than 1,500
5    gallons but not more than 1,750 gallons annually of
6    hydrocarbon-based solvents in a drycleaning machine
7    equipped with a solvent reclaimer, or (iii) more than 3,000
8    gallons but not more than 3,500 gallons annually of
9    hydrocarbon-based drycleaning solvents in a drycleaning
10    machine without a solvent reclaimer.
11        (8) $5,000 for a facility that uses (i) more than 350
12    gallons but not more than 400 gallons of chlorine-based or
13    green drycleaning solvents annually, (ii) more than 1,750
14    gallons but not more than 2,000 gallons annually of
15    hydrocarbon-based solvents in a drycleaning machine
16    equipped with a solvent reclaimer, or (iii) more than 3,500
17    gallons but not more than 4,000 gallons annually of
18    hydrocarbon-based drycleaning solvents in a drycleaning
19    machine without a solvent reclaimer.
20        (9) $5,000 for a facility that uses (i) more than 400
21    gallons but not more than 450 gallons of chlorine-based or
22    green drycleaning solvents annually, (ii) more than 2,000
23    gallons but not more than 2,250 gallons annually of
24    hydrocarbon-based solvents in a drycleaning machine
25    equipped with a solvent reclaimer, or (iii) more than 4,000
26    gallons but not more than 4,500 gallons annually of

 

 

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1    hydrocarbon-based drycleaning solvents in a drycleaning
2    machine without a solvent reclaimer.
3        (10) $5,000 for a facility that uses (i) more than 450
4    gallons but not more than 500 gallons of chlorine-based or
5    green drycleaning solvents annually, (ii) more than 2,250
6    gallons but not more than 2,500 gallons annually of
7    hydrocarbon-based solvents used in a drycleaning machine
8    equipped with a solvent reclaimer, or (iii) more than 4,500
9    gallons but not more than 5,000 gallons annually of
10    hydrocarbon-based drycleaning solvents in a drycleaning
11    machine without a solvent reclaimer.
12        (11) $5,000 for a facility that uses (i) more than 500
13    gallons but not more than 550 gallons of chlorine-based or
14    green drycleaning solvents annually, (ii) more than 2,500
15    gallons but not more than 2,750 gallons annually of
16    hydrocarbon-based solvents in a drycleaning machine
17    equipped with a solvent reclaimer, or (iii) more than 5,000
18    gallons but not more than 5,500 gallons annually of
19    hydrocarbon-based drycleaning solvents in a drycleaning
20    machine without a solvent reclaimer.
21        (12) $5,000 for a facility that uses (i) more than 550
22    gallons but not more than 600 gallons of chlorine-based or
23    green drycleaning solvents annually, (ii) more than 2,750
24    gallons but not more than 3,000 gallons annually of
25    hydrocarbon-based solvents in a drycleaning machine
26    equipped with a solvent reclaimer, or (iii) more than 5,500

 

 

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1    gallons but not more than 6,000 gallons annually of
2    hydrocarbon-based drycleaning solvents in a drycleaning
3    machine without a solvent reclaimer.
4        (13) $5,000 for a facility that uses (i) more than 600
5    gallons of chlorine-based or green drycleaning solvents
6    annually, (ii) more than 3,000 gallons but not more than
7    3,250 gallons annually of hydrocarbon-based solvents in a
8    drycleaning machine equipped with a solvent reclaimer, or
9    (iii) more than 6,000 gallons of hydrocarbon-based
10    drycleaning solvents annually in a drycleaning machine
11    equipped without a solvent reclaimer.
12        (14) $5,000 for a facility that uses more than 3,250
13    gallons but not more than 3,500 gallons annually of
14    hydrocarbon-based solvents in a drycleaning machine
15    equipped with a solvent reclaimer.
16        (15) $5,000 for a facility that uses more than 3,500
17    gallons but not more than 3,750 gallons annually of
18    hydrocarbon-based solvents used in a drycleaning machine
19    equipped with a solvent reclaimer.
20        (16) $5,000 for a facility that uses more than 3,750
21    gallons but not more than 4,000 gallons annually of
22    hydrocarbon-based solvents in a drycleaning machine
23    equipped with a solvent reclaimer.
24        (17) $5,000 for a facility that uses more than 4,000
25    gallons annually of hydrocarbon-based solvents in a
26    drycleaning machine equipped with a solvent reclaimer.

 

 

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1    For purpose of this subsection, the quantity of drycleaning
2solvents used annually shall be determined as follows:
3        (1) in the case of an initial applicant, the quantity
4    of drycleaning solvents that the applicant estimates will
5    be used during his or her initial license year. A fee
6    assessed under this subdivision is subject to audited
7    adjustment for that year; or
8        (2) in the case of a renewal applicant, the quantity of
9    drycleaning solvents actually purchased in the preceding
10    license year.
11    (d) A license issued under this Section shall expire one
12year after the date of issuance and may be renewed on
13reapplication to the Agency Council and submission of proof of
14payment of the appropriate fee to the Department of Revenue in
15accordance with subsections (c) and (e).
16    (e) An operator of a drycleaning facility shall submit the
17appropriate application form provided by the Agency with the
18license fee in the form of cash, credit card, business check,
19or guaranteed remittance to the Department of Revenue. The
20Department may accept payment of the license fee under this
21Section by credit card only if the Department is not required
22to pay a discount fee charged by the credit card issuer. The
23license fee payment form and the actual license fee payment
24shall be administered by the Department of Revenue under rules
25adopted by that Department.
26    (f) The Department of Revenue shall issue a proof of

 

 

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1payment receipt to each operator of a drycleaning facility who
2has paid the appropriate fee in cash or by guaranteed
3remittance, credit card, or business check. However, the
4Department of Revenue shall not issue a proof of payment
5receipt to a drycleaning facility that is liable to the
6Department of Revenue for a tax imposed under this Act. The
7original receipt shall be presented to the Agency Council by
8the operator of a drycleaning facility.
9    (g) (Blank).
10    (h) The Board and the Department of Revenue may adopt rules
11as necessary to administer the licensing requirements of this
12Act.
13(Source: P.A. 101-400, eff. 7-1-20.)
 
14    Section 99. Effective date. This Act takes effect December
1531, 2019, except that Section 15 takes effect on July 1, 2020.