Public Act 097-0663
 
HB3840 EnrolledLRB097 13937 HLH 58532 b


  
    AN ACT concerning revenue.
  
 
    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 Section 60 as follows:
 



    (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    (Section scheduled to be repealed on January 1, 2020)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, 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, credit card, business check,  
or guaranteed remittance, or credit card to the Department of 
Revenue.
The Department may accept payment of the license fee 
under this Section by credit card only if the Department is not 
required to pay a discount fee charged by the credit card 
issuer. 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, or business check.  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; 97-332, eff. 8-12-11; 
97-377, eff. 1-1-12; revised 10-4-11.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.