Public Act 097-1057
 
HB4526 EnrolledLRB097 18820 JDS 64057 b


  
    AN ACT concerning safety.

  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Environmental Protection Act is amended  by 
adding Section 22.57 as follows:
 
    (415 ILCS 5/22.57 new)
    Sec. 22.57. Perchloroethylene in drycleaning.
    (a) For the purposes of this Section:
    "Drycleaning" means the process of cleaning clothing, 
garments, textiles, fabrics, leather goods, or other like 
articles using a nonaqueous solvent.
    "Drycleaning machine" means any machine, device, or other 
equipment used in drycleaning.
    "Drycleaning solvents" means solvents used in drycleaning.
    "Perchloroethylene drycleaning machine" means a 
drycleaning machine that uses perchloroethylene.
    "Primary control system" means a refrigerated condenser or 
an equivalent closed-loop vapor recovery system that reduces 
the concentration of perchloroethylene in the recirculating 
air of a perchloroethylene drycleaning machine.
    "Refrigerated condenser" means a closed-loop vapor 
recovery system into which perchloroethylene vapors are 
introduced and trapped by cooling below the dew point of the 
perchloroethylene.
    "Secondary control system" means a device or apparatus that 
reduces the concentration of perchloroethylene in the 
recirculating air of a perchloroethylene drycleaning machine 
at the end of the drying cycle beyond the level achievable with 
a refrigerated condenser alone. 
    (b) Beginning January 1, 2013:
        (1) Perchloroethylene drycleaning machines in 
    operation on the effective date of this Section that have a 
    primary control system but not a secondary control system 
    can continue to be used until the end of their useful life, 
    provided that perchloroethylene drycleaning machines that 
    do not have a secondary control system cannot be operated 
    at a facility other than the facility at which they were 
    located on the effective date of this Section.
        (2) Except as allowed under paragraph (1) of subsection 
    (b) of this Section, no person shall install or operate a 
    perchloroethylene drycleaning machine unless the machine 
    has a primary control system and a secondary control 
    system. 
    (c) Beginning January 1, 2014, no person shall operate a 
drycleaning machine unless all of the following are met:
        (1) During the operation of any perchloroethylene 
    drycleaning machine, a person with the following training 
    is present at the facility where the machine is located:
            (A) Successful completion of an initial 
        environmental training course that is approved by the 
        Dry Cleaner Environmental Response Trust Fund Council, 
        in consultation with the Agency and representatives of 
        the drycleaning industry, as providing appropriate 
        training on drycleaning best management practices, 
        including, but not limited to, reducing solvent air 
        emissions, reducing solvent spills and leaks, 
        protecting groundwater, and promoting the efficient 
        use of solvents.
            (B) Once every 4 years after completion of the 
        initial environmental training course, successful 
        completion of a refresher environmental training 
        course that is approved by the Dry Cleaner 
        Environmental Response Trust Fund Council, in 
        consultation with the Agency and representatives of 
        the drycleaning industry, as providing (i) appropriate 
        review and updates on drycleaning best management 
        practices, including, but not limited to, reducing 
        solvent air emissions, reducing solvent spills and 
        leaks, protecting groundwater, and promoting the 
        efficient use of solvents, and (ii) information on 
        drycleaning solvents, technologies, and alternatives 
        that do not utilize perchloroethylene.
        (2) For drycleaning facilities where one or more 
    perchloroethylene drycleaning machines are used, proof of 
    successful completion of the training required under 
    paragraph (1) of subsection (c) of this Section is 
    maintained at the drycleaning facility.  Proof of 
    successful completion of the training must be made 
    available for inspection and copying by the Agency or units 
    of local government during normal business hours.  Training 
    used to satisfy paragraph (2) of subsection (d) of Section 
    45 of the Drycleaner Environmental Response Trust Fund Act 
    may also be used to satisfy paragraph (1) of subsection (c) 
    of this Section to the extent that it meets the 
    requirements of paragraph (1) of subsection (c) of this 
    Section.
        (3) All of the following secondary containment 
    measures are in place:
            (A) There is 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 the Agency are exempt from this 
        subparagraph (A).
            (B) Those portions of diked floor surfaces on which 
        a drycleaning solvent may leak, spill, or otherwise be 
        released have been sealed or otherwise rendered 
        impervious.
            (C) All chlorine-based drycleaning solvent is 
        delivered to the drycleaning facility by means of 
        closed, direct-coupled delivery systems.  The Dry 
        Cleaner Environmental Response Trust Fund Council may 
        adopt rules specifying methods of delivery of solvents 
        other than chlorine-based solvents to drycleaning 
        facilities. Solvents other than chlorine-based 
        solvents must be delivered to drycleaning facilities 
        in accordance with rules adopted by the Dry Cleaner 
        Environmental Response Trust Fund Council.
    (d)  Manufacturers of drycleaning solvents or other 
cleaning agents used as alternatives to perchloroethylene 
drycleaning that are sold or offered for sale in Illinois must, 
in accordance with Agency rules, provide to the Agency 
sufficient information to allow the Agency to determine whether 
the drycleaning solvents or cleaning agents may pose negative 
impacts to human health or the environment.  These alternatives 
shall include, but are not limited to, drycleaning solvents or 
other cleaning agents used in solvent-based cleaning, 
carbon-dioxide based cleaning, and professional wet cleaning 
methods.  The information shall include, but is not limited to, 
information regarding the physical and chemical properties of 
the drycleaning solvents or cleaning agents and toxicity data.  
No later than July 1, 2015, the Agency shall adopt in 
accordance with the Illinois Administrative Procedure Act 
rules specifying the information that manufacturers must 
submit under this subsection (d).  The rules must include, but 
shall not be limited to, a deadline for submission of the 
information to the Agency.  No later than July 1, 2018, the 
Agency shall post information resulting from its review of the 
drycleaning solvents and cleaning agents on the Agency's 
website. 
    (e) No later than January 1, 2016, the Agency shall submit 
to the General Assembly a report on the impact to groundwater 
from newly discovered releases of perchloroethylene from any 
source in this State. Depending on the nature and scope of any 
releases that have impacted groundwater, the report may 
include, but shall not be limited to, recommendations for 
reducing or eliminating impacts to groundwater from future 
releases. 
 
    Section 10. 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. Beginning January 1, 2013, license renewal 
application forms must include a certification by the applicant 
that all hazardous waste stored at the drycleaning facility is 
stored in accordance with all applicable federal and state laws 
and regulations, and that all hazardous waste transported from 
the drycleaning facility is transported in accordance with all 
applicable federal and state laws and regulations. Also, 
beginning January 1, 2013, license renewal applications must 
include copies of all manifests for hazardous waste transported 
from the drycleaning facility during the previous 12 months or 
since the last submission of copies of manifests, whichever is 
longer. If the Council does not receive a copy of a manifest 
for a drycleaning facility within a 3-year period, or within a 
shorter period as determined by the Council, the Council shall 
make appropriate inquiry into the management of hazardous waste 
at the facility and may share the results of the inquiry with 
the Agency.

    (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 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, 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; 97-663, eff. 1-13-12.)

 
 
    Section 99. Effective date. This Act takes effect January 
1, 2013.