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.