Public Act 097-0377
 
HB1953 EnrolledLRB097 09049 JDS 49183 b

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