Rep. Michael K. Smith
Filed: 3/18/2008
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1 | AMENDMENT TO HOUSE BILL 2170
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2 | AMENDMENT NO. ______. Amend House Bill 2170 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Drycleaner Environmental Response Trust | ||||||
5 | Fund Act is amended by changing Sections 20, 40, 60, and 65 and | ||||||
6 | by adding Section 69 as follows:
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7 | (415 ILCS 135/20)
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8 | Sec. 20. Council rules.
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9 | (a) The Council may adopt rules in accordance with the | ||||||
10 | emergency rulemaking
provisions of Section 5-45 of the Illinois | ||||||
11 | Administrative Procedure Act for one
year after
the effective | ||||||
12 | date of this Act. Thereafter, the Council shall conduct general
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13 | rulemaking as provided under the Illinois Administrative | ||||||
14 | Procedure Act.
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15 | (b) The Council shall adopt rules regarding its practice | ||||||
16 | and procedures for
investigating and settling claims made |
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1 | against the Fund,
determining reimbursement guidelines, | ||||||
2 | coordinating with the Agency, and
otherwise implementing and | ||||||
3 | administering the Fund under this
Act.
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4 | (c) The Council shall adopt rules regarding its practice | ||||||
5 | and procedures to
develop underwriting standards, establish | ||||||
6 | insurance account coverage
and risk factors, settle claims made | ||||||
7 | against the insurance account of the Fund,
determine | ||||||
8 | appropriate deductibles or retentions in coverages or benefits
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9 | offered under the insurance account of the Fund, determine | ||||||
10 | reimbursement
guidelines,
and otherwise implement and | ||||||
11 | administer the insurance account under this
Act.
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12 | (d) The Council shall adopt rules necessary for the | ||||||
13 | implementation and
collection of insurance account premiums | ||||||
14 | prior to offering insurance to an
owner or operator of a | ||||||
15 | drycleaning facility or other person.
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16 | (e) The Council shall adopt rules prescribing requirements | ||||||
17 | for the retention
of records
by an owner or operator and the | ||||||
18 | periods for which he or she must
retain those records.
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19 | (f) The Council shall adopt rules describing the manner in | ||||||
20 | which all
disbursed moneys received from the Agency shall be | ||||||
21 | deposited with a bank or
savings and loan association to be | ||||||
22 | approved by the Council. For purposes of
this subsection, the | ||||||
23 | Council shall be considered a public agency and,
therefore, no | ||||||
24 | bank or savings and loan association shall receive public funds
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25 | from the Council, and the Council shall not make any | ||||||
26 | investments, unless in
accordance with the Public Funds |
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1 | Investment Act.
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2 | (g) All final Council decisions regarding the Fund or any | ||||||
3 | reimbursement from
the
Fund and any decision concerning the | ||||||
4 | classification of drycleaning solvents
pursuant to subsection | ||||||
5 | (a) of Section 65 of this Act and any notice of the assessment | ||||||
6 | of civil penalties under Section 69 of this Act shall be | ||||||
7 | subject to
appeal to the Administrator of the Council, by the | ||||||
8 | affected
parties , within 60 days after the final decision . The | ||||||
9 | Council shall determine by rule persons who have standing to
| ||||||
10 | appeal final Council decisions. Any written decision by the | ||||||
11 | Administrator may be appealed to the Council within 60 days | ||||||
12 | after the Administrator's final decision. Any decision by the | ||||||
13 | Council may be appealed to the Council's administrative law | ||||||
14 | judge within 60 days after the Council's final decision. Notice | ||||||
15 | of any hearing provided for by this Act shall be given not less | ||||||
16 | than 7 days before the day fixed for the hearing All appeals of | ||||||
17 | final Council decisions shall be
presented to and
reviewed by | ||||||
18 | the Council's administrative hearing officer . An appeal of the
| ||||||
19 | administrative law judge's hearing officer's decision will be | ||||||
20 | subject to judicial review in
accordance with the | ||||||
21 | Administrative Review Law.
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22 | Any decision not timely appealed shall become a final | ||||||
23 | administrative decision without the necessity of a final | ||||||
24 | administrative decision being issued and shall be deemed to be | ||||||
25 | a final administrative decision. | ||||||
26 | The Council shall adopt rules relating to appeal |
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1 | procedures . | ||||||
2 | The Council may designate an attorney, employed by the | ||||||
3 | Council or privately employed, to act as an administrative law | ||||||
4 | judge to preside at any administrative hearing resulting from | ||||||
5 | the appeal of a Council decision. The Council and the | ||||||
6 | Department of Revenue are authorized to enter into an agreement | ||||||
7 | whereby an administrative law judge employed by the Department | ||||||
8 | may be assigned to preside at the administrative hearings. | ||||||
9 | Proof of the Council's administrative decision may be made | ||||||
10 | at any administrative or legal proceeding by a reproduced copy | ||||||
11 | of the Council's record relating to the decision under the | ||||||
12 | certificate of the Council. A reproduced copy shall, without | ||||||
13 | further proof, be admitted into evidence and shall be prima | ||||||
14 | facie proof of the decision. | ||||||
15 | The provisions of the Administrative Review Law, and any | ||||||
16 | rules adopted under the Administrative Review law by the | ||||||
17 | Council, shall govern all proceedings for the judicial review | ||||||
18 | of final administrative decisions of the Council. The term | ||||||
19 | "administrative decision" has the same meaning as it does in | ||||||
20 | Section 3-101 of the Code of Civil Procedure. | ||||||
21 | Venue for an administrative review action challenging the | ||||||
22 | results of an administrative hearing upholding an | ||||||
23 | administrative decision issued by the Council
shall be proper | ||||||
24 | in the Circuit Court of the county where the plaintiff has its | ||||||
25 | principal place of business, or Sangamon County if the | ||||||
26 | plaintiff's principal place of business is located outside |
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1 | Illinois. that shall
require the Council to deliver notice of | ||||||
2 | appeal to the affected parties within
30 days of receipt of | ||||||
3 | notice, require that the hearing be held within 180
days of the | ||||||
4 | filing of the petition unless good cause is shown for the | ||||||
5 | delay,
and require that a final decision be issued no later | ||||||
6 | than 120
days following the close of the hearing. The time | ||||||
7 | restrictions in this
subsection may be waived by mutual | ||||||
8 | agreement of the parties.
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9 | (Source: P.A. 90-502, eff. 8-19-97.)
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10 | (415 ILCS 135/40)
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11 | Sec. 40. Remedial action account.
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12 | (a) The remedial action account is established to provide | ||||||
13 | reimbursement to
eligible
claimants for
drycleaning solvent | ||||||
14 | investigation, remedial action planning, and
remedial action | ||||||
15 | activities for existing drycleaning solvent contamination
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16 | discovered at their drycleaning facilities.
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17 | (b) The following persons are eligible for reimbursement | ||||||
18 | from the remedial
action account:
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19 | (1) In the case of claimant who is the owner or | ||||||
20 | operator of an active
drycleaning
facility licensed by the | ||||||
21 | Council under this Act at the time of application for
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22 | remedial action benefits afforded under
the Fund, the
| ||||||
23 | claimant is only eligible for reimbursement of remedial
| ||||||
24 | action costs incurred in connection with a release
from | ||||||
25 | that drycleaning facility,
subject to any other |
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1 | limitations under this Act.
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2 | (2) In the case of a claimant who is the owner of an | ||||||
3 | inactive drycleaning
facility and
was the owner or operator | ||||||
4 | of the drycleaning facility when it was
an active | ||||||
5 | drycleaning facility, the claimant is only eligible for
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6 | reimbursement of remedial action costs incurred in
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7 | connection with a release from the drycleaning facility,
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8 | subject to any other limitations under
this Act.
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9 | (c) An eligible claimant requesting reimbursement from the | ||||||
10 | remedial action
account shall meet all of the following:
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11 | (1) The claimant demonstrates that the source of the | ||||||
12 | release is from
the claimant's drycleaning facility.
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13 | (2) At the time the release was discovered by the | ||||||
14 | claimant, the claimant
and the drycleaning facility were in | ||||||
15 | compliance with the Agency reporting
and technical | ||||||
16 | operating requirements.
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17 | (3) The claimant reported the release in a timely | ||||||
18 | manner to
the Agency in accordance with State law.
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19 | (4) The claimant applying for reimbursement has not | ||||||
20 | filed for
bankruptcy on or after the date of his or her | ||||||
21 | discovery of the release.
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22 | (5) If the claimant is the owner or operator of an | ||||||
23 | active drycleaning
facility, the claimant has provided to | ||||||
24 | the Council proof of implementation and
maintenance of the | ||||||
25 | following pollution prevention measures:
| ||||||
26 | (A) That all drycleaning solvent wastes generated |
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1 | at a drycleaning
facility be managed in accordance with | ||||||
2 | applicable State
waste management laws and rules.
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3 | (B) A prohibition on the discharge of wastewater | ||||||
4 | from drycleaning
machines or of drycleaning solvent | ||||||
5 | from drycleaning
operations to a sanitary sewer or | ||||||
6 | septic tank or to the
surface or in groundwater.
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7 | (C) That every drycleaning facility:
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8 | (I) install a containment dike or other | ||||||
9 | containment
structure around each machine, item of | ||||||
10 | equipment, drycleaning area, and portable waste | ||||||
11 | container in which
any
drycleaning solvent is | ||||||
12 | utilized, which shall be capable
of containing | ||||||
13 | leaks, spills, or releases of
drycleaning
solvent | ||||||
14 | from that machine, item, area, or container. The | ||||||
15 | containment
dike or other containment structure | ||||||
16 | shall be capable of at least the following:
(i) | ||||||
17 | containing a capacity of 110% of the drycleaning | ||||||
18 | solvent in the largest
tank or vessel within the | ||||||
19 | machine; (ii) containing 100% of the drycleaning
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20 | solvent of each item of equipment or drycleaning | ||||||
21 | area; and (iii) containing
100% of the drycleaning | ||||||
22 | solvent of the largest portable waste container or | ||||||
23 | at
least 10% of the total volume of the portable | ||||||
24 | waste containers stored within
the containment | ||||||
25 | dike or structure, whichever is greater.
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26 | Petroleum underground storage tank systems |
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1 | that are upgraded in
accordance with USEPA upgrade | ||||||
2 | standards pursuant to 40 CFR Part 280 for the
tanks | ||||||
3 | and
related piping systems and use a leak detection | ||||||
4 | system approved by the USEPA or
IEPA are exempt | ||||||
5 | from this secondary containment requirement; and
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6 | (II) seal or otherwise render impervious those | ||||||
7 | portions of
diked floor surfaces on which a | ||||||
8 | drycleaning
solvent may leak, spill, or otherwise | ||||||
9 | be released.
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10 | (D) A requirement that all drycleaning solvent | ||||||
11 | shall be delivered
to drycleaning facilities by means | ||||||
12 | of closed, direct-coupled
delivery systems.
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13 | (6) An active drycleaning facility has maintained | ||||||
14 | continuous financial
assurance for environmental liability | ||||||
15 | coverage in the amount of at least
$500,000 at least since | ||||||
16 | the date of award of benefits under this Section
or July 1, | ||||||
17 | 2000, whichever is earlier.
An uninsured drycleaning | ||||||
18 | facility that
has filed an application for insurance with | ||||||
19 | the Fund by January 1, 2004,
obtained insurance through | ||||||
20 | that application, and maintained that insurance
coverage | ||||||
21 | continuously shall be considered to have conformed with the
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22 | requirements of this subdivision (6). To conform with this | ||||||
23 | requirement the
applicant must pay the equivalent of the | ||||||
24 | total premiums due for the period
beginning June 30, 2000 | ||||||
25 | through the date of application plus a 20% penalty of
the | ||||||
26 | total premiums due for that period.
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1 | (7) The release was discovered on or after July
1, 1997 | ||||||
2 | and before July 1, 2006.
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3 | (d) A claimant shall submit a completed application form
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4 | provided by the Council. The application shall contain | ||||||
5 | documentation of
activities, plans, and expenditures | ||||||
6 | associated with the eligible costs
incurred in response to a | ||||||
7 | release of drycleaning solvent from a
drycleaning facility. | ||||||
8 | Application for remedial action account benefits must be
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9 | submitted to the Council on or before June 30, 2005.
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10 | (e) Claimants shall be subject to the following deductible | ||||||
11 | requirements,
unless modified pursuant to the Council's | ||||||
12 | authority under
Section 75:
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13 | (1) An eligible claimant submitting a claim
for an | ||||||
14 | active drycleaning facility is responsible for the first | ||||||
15 | $5,000 of
eligible investigation costs and for the first | ||||||
16 | $10,000 of eligible remedial
action costs incurred in | ||||||
17 | connection with the release from the drycleaning
facility | ||||||
18 | and is only eligible for reimbursement for costs that | ||||||
19 | exceed
those amounts, subject to any other limitations of | ||||||
20 | this Act.
| ||||||
21 | (2) An eligible claimant submitting a
claim for an | ||||||
22 | inactive drycleaning facility is responsible for the first | ||||||
23 | $10,000
of eligible investigation costs and for the first | ||||||
24 | $10,000 of eligible remedial
action costs incurred in | ||||||
25 | connection with the release from that drycleaning
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26 | facility, and is only eligible for reimbursement for costs |
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1 | that exceed
those amounts, subject to any other limitations | ||||||
2 | of this Act.
| ||||||
3 | (f) Claimants are subject to the following limitations on | ||||||
4 | reimbursement:
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5 | (1) Subsequent to meeting the deductible requirements | ||||||
6 | of
subsection (e), and pursuant to the requirements of | ||||||
7 | Section 75,
reimbursement shall not exceed $300,000 per | ||||||
8 | active drycleaning facility and
$50,000 per inactive | ||||||
9 | drycleaning facility.
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10 | (2) A contract in which one of the parties to the | ||||||
11 | contract is a claimant,
for goods or services that may be | ||||||
12 | payable or reimbursable from
the Council, is void and | ||||||
13 | unenforceable unless and until the Council has found
that | ||||||
14 | the
contract terms are within the range of usual and | ||||||
15 | customary rates
for similar or equivalent goods or services | ||||||
16 | within this State and
has found that the goods or services | ||||||
17 | are necessary for the claimant to
comply with Council | ||||||
18 | standards or other applicable regulatory standards.
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19 | (3) A claimant may appoint the Council as an agent for | ||||||
20 | the purposes of
negotiating contracts with suppliers of | ||||||
21 | goods or services
reimbursable by the Fund. The Council may | ||||||
22 | select another
contractor for goods or services other than | ||||||
23 | the one offered by the
claimant if the scope of the | ||||||
24 | proposed work or actual work of the
claimant's offered | ||||||
25 | contractor does not reflect the quality of workmanship
| ||||||
26 | required or if the costs are determined to be excessive, as |
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1 | determined by the
Council.
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2 | (4) The Council may require a claimant to obtain and | ||||||
3 | submit 3 bids
and may require specific terms and conditions | ||||||
4 | in a
contract subject to approval.
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5 | (5) The Council may enter into a contract or an | ||||||
6 | exclusive contract with
the supplier of goods or services | ||||||
7 | required by a claimant or class of
claimants, in connection | ||||||
8 | with an expense reimbursable from the
Fund, for a specified | ||||||
9 | good or service at a gross maximum
price or fixed rate, and | ||||||
10 | may limit reimbursement accordingly.
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11 | (6) Unless emergency conditions exist, a service | ||||||
12 | provider shall
obtain the Council's approval of the budget | ||||||
13 | for the remediation work
before commencing the work. No | ||||||
14 | expense incurred that is above the budgeted
amount shall be | ||||||
15 | paid unless the Council approves
the expense prior to its | ||||||
16 | being incurred. All invoices and bills relating to
the | ||||||
17 | remediation work shall be submitted with appropriate | ||||||
18 | documentation, as
deemed
necessary by the Council , not | ||||||
19 | later than 30 days after the work has
been performed .
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20 | (7) Neither the Council nor an eligible claimant is | ||||||
21 | responsible for
payment for
costs incurred that have not | ||||||
22 | been previously approved by the
Council, unless an | ||||||
23 | emergency exists.
| ||||||
24 | (8) The Council may determine the usual and customary | ||||||
25 | costs of each
item for which reimbursement may be awarded | ||||||
26 | under this Section.
The Council may revise the usual and |
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| |||||||
1 | customary costs from time
to time as necessary, but costs | ||||||
2 | submitted for reimbursement shall
be subject to the rates | ||||||
3 | in effect at the time the costs were
incurred.
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4 | (9) If a claimant has pollution liability insurance | ||||||
5 | coverage other than
coverage provided by the insurance | ||||||
6 | account under this Act,
that coverage shall be primary. | ||||||
7 | Reimbursement from the remedial
account shall be limited to | ||||||
8 | the deductible amounts under the primary
coverage and the
| ||||||
9 | amount that exceeds the policy limits of the primary | ||||||
10 | coverage,
subject to the deductible amounts of this Act. If | ||||||
11 | there is a
dispute between the claimant and the primary | ||||||
12 | insurance provider,
reimbursement from the remedial action | ||||||
13 | account may be made to the claimant
after the claimant
| ||||||
14 | assigns all of his or her interests in the insurance | ||||||
15 | coverage to the Council.
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16 | (g) The source of funds for the remedial action account | ||||||
17 | shall be moneys
allocated to the account by the Council | ||||||
18 | according to the Fund budget
approved by the Council.
| ||||||
19 | (h) A drycleaning facility will be classified as active or | ||||||
20 | inactive for
purposes of
determining benefits under this | ||||||
21 | Section based on the status of the facility
on the date a claim | ||||||
22 | is filed.
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23 | (i) Eligible claimants shall conduct remedial action in | ||||||
24 | accordance with
the
Site Remediation Program under the | ||||||
25 | Environmental Protection Act and Part 740 of
Title 35 of the | ||||||
26 | Illinois Administrative Code and the Tiered Approach to Cleanup
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| |||||||
1 | Objectives under Part 742 of Title 35 of the Illinois | ||||||
2 | Administrative Code.
| ||||||
3 | (Source: P.A. 93-201, eff. 1-1-04.)
| ||||||
4 | (415 ILCS 135/60)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
6 | Sec. 60. Drycleaning facility license.
| ||||||
7 | (a) On and after January 1, 1998, no person shall operate a | ||||||
8 | drycleaning
facility in this State without a license issued by | ||||||
9 | the Council.
| ||||||
10 | (b) The Council shall issue an initial or renewal license | ||||||
11 | to a drycleaning
facility on submission by an applicant of a | ||||||
12 | completed form prescribed by the
Council and proof of payment | ||||||
13 | of the required fee to the Department of Revenue.
| ||||||
14 | (c) On or after January 1, 2004, the annual fees for | ||||||
15 | licensure are as
follows:
| ||||||
16 | (1) $500 for a facility that uses (i) 50 gallons or
| ||||||
17 | less of
chlorine-based or green drycleaning solvents | ||||||
18 | annually, (ii) 250 or less
gallons annually of | ||||||
19 | hydrocarbon-based drycleaning solvents in a drycleaning
| ||||||
20 | machine equipped with a solvent reclaimer, or (iii) 500 | ||||||
21 | gallons
or less annually of hydrocarbon-based drycleaning | ||||||
22 | solvents in a
drycleaning machine without a solvent | ||||||
23 | reclaimer.
| ||||||
24 | (2) $500 for a facility that uses (i)
more than 50 | ||||||
25 | gallons but not more than 100
gallons of chlorine-based or |
| |||||||
| |||||||
1 | green drycleaning solvents annually, (ii)
more than 250 | ||||||
2 | gallons but not more 500 gallons annually of | ||||||
3 | hydrocarbon-based
solvents in
a drycleaning machine | ||||||
4 | equipped with a solvent reclaimer, or (iii) more
than 500 | ||||||
5 | gallons but not more than 1,000 gallons
annually of | ||||||
6 | hydrocarbon-based drycleaning solvents in a drycleaning
| ||||||
7 | machine without a solvent reclaimer.
| ||||||
8 | (3) $500 for a facility that uses (i) more than 100 | ||||||
9 | gallons but not more than 150 gallons of chlorine-based
or | ||||||
10 | green drycleaning solvents annually, (ii) more than 500 | ||||||
11 | gallons but
not more than 750 gallons annually of | ||||||
12 | hydrocarbon-based solvents in a
drycleaning machine | ||||||
13 | equipped with a solvent reclaimer, or (iii) more than
1,000
| ||||||
14 | gallons but not more than 1,500 gallons annually of
| ||||||
15 | hydrocarbon-based drycleaning solvents in a drycleaning | ||||||
16 | machine without a
solvent reclaimer.
| ||||||
17 | (4) $1,000 for a facility that uses (i) more than 150 | ||||||
18 | gallons but not
more than 200 gallons of chlorine-based or | ||||||
19 | green drycleaning solvents annually,
(ii) more than 750 | ||||||
20 | gallons but not more than 1,000 gallons annually of
| ||||||
21 | hydrocarbon-based solvents in a drycleaning machine | ||||||
22 | equipped with a solvent
reclaimer, or (iii) more than
1,500 | ||||||
23 | gallons but not more than 2,000 gallons annually of | ||||||
24 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
25 | machine without a solvent
reclaimer.
| ||||||
26 | (5) $1,000 for a facility that uses (i) more than 200 |
| |||||||
| |||||||
1 | gallons but not more
than 250 gallons of chlorine-based or | ||||||
2 | green drycleaning solvents annually, (ii)
more than 1,000 | ||||||
3 | gallons but not more than 1,250 gallons annually of
| ||||||
4 | hydrocarbon-based solvents in a drycleaning machine | ||||||
5 | equipped with a solvent
reclaimer, or (iii) more than
2,000 | ||||||
6 | gallons but not more than 2,500 gallons annually of | ||||||
7 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
8 | machine without a solvent
reclaimer.
| ||||||
9 | (6) $1,000 for a facility that uses (i) more than 250 | ||||||
10 | gallons but not
more than
300 gallons of chlorine-based or | ||||||
11 | green drycleaning solvents annually, (ii) more
than 1,250 | ||||||
12 | gallons but not more than 1,500 gallons annually of
| ||||||
13 | hydrocarbon-based solvents in a drycleaning machine | ||||||
14 | equipped with a solvent
reclaimer, or (iii) more than 2,500 | ||||||
15 | gallons but not more than 3,000 gallons
annually of | ||||||
16 | hydrocarbon-based drycleaning solvents in a drycleaning | ||||||
17 | machine
without
a solvent reclaimer.
| ||||||
18 | (7) $1,000 for a facility that uses (i) more than 300 | ||||||
19 | gallons but not more
than
350 gallons of chlorine-based or | ||||||
20 | green drycleaning solvents annually, (ii) more
than 1,500 | ||||||
21 | gallons but not more than 1,750 gallons annually of
| ||||||
22 | hydrocarbon-based
solvents in a drycleaning machine | ||||||
23 | equipped with a solvent reclaimer, or (iii)
more than 3,000 | ||||||
24 | gallons but not more than 3,500 gallons annually of
| ||||||
25 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
26 | machine without a solvent
reclaimer.
|
| |||||||
| |||||||
1 | (8) $1,500 for a facility that uses (i) more than 350 | ||||||
2 | gallons but not more
than
400 gallons of chlorine-based or | ||||||
3 | green drycleaning solvents annually, (ii) more
than 1,750 | ||||||
4 | gallons but not more than 2,000 gallons annually of
| ||||||
5 | hydrocarbon-based
solvents in a drycleaning machine | ||||||
6 | equipped with a solvent reclaimer, or (iii)
more than 3,500 | ||||||
7 | gallons but not more than 4,000 gallons annually of
| ||||||
8 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
9 | machine without a solvent
reclaimer.
| ||||||
10 | (9) $1,500 for a facility that uses (i) more than 400 | ||||||
11 | gallons but not more
than 450 gallons of chlorine-based or | ||||||
12 | green drycleaning solvents annually, (ii)
more than 2,000 | ||||||
13 | gallons but not more than 2,250 gallons annually of
| ||||||
14 | hydrocarbon-based
solvents in a drycleaning machine | ||||||
15 | equipped with a solvent reclaimer, or (iii)
more
than
4,000 | ||||||
16 | gallons but not more than 4,500 gallons annually of | ||||||
17 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
18 | machine without a solvent
reclaimer.
| ||||||
19 | (10) $1,500 for a facility that uses (i) more than 450 | ||||||
20 | gallons but not
more than 500
gallons of chlorine-based or | ||||||
21 | green drycleaning solvents annually, (ii) more
than
2,250 | ||||||
22 | gallons but not more than 2,500 gallons annually of | ||||||
23 | hydrocarbon-based
solvents used in a drycleaning machine | ||||||
24 | equipped with a solvent reclaimer, or
(iii) more
than 4,500 | ||||||
25 | gallons but not more than 5,000 gallons annually of
| ||||||
26 | hydrocarbon-based
drycleaning solvents in a drycleaning |
| |||||||
| |||||||
1 | machine without a solvent reclaimer.
| ||||||
2 | (11) $1,500 for a facility that uses (i) more than 500 | ||||||
3 | gallons but not
more than 550
gallons of chlorine-based or | ||||||
4 | green drycleaning solvents annually, (ii) more
than
2,500 | ||||||
5 | gallons but not more than 2,750 gallons annually of | ||||||
6 | hydrocarbon-based
solvents in a drycleaning machine | ||||||
7 | equipped with a solvent reclaimer, or (iii)
more than
5,000 | ||||||
8 | gallons but not more than 5,500 gallons annually of | ||||||
9 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
10 | machine without a solvent
reclaimer.
| ||||||
11 | (12) $1,500 for a facility that uses (i) more than 550 | ||||||
12 | gallons but not
more than 600
gallons of chlorine-based or | ||||||
13 | green drycleaning solvents annually, (ii) more
than 2,750 | ||||||
14 | gallons but not more than 3,000 gallons annually of
| ||||||
15 | hydrocarbon-based
solvents in a drycleaning machine | ||||||
16 | equipped with a solvent reclaimer, or (iii)
more than
5,500 | ||||||
17 | gallons but not more than 6,000 gallons annually of | ||||||
18 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
19 | machine without a solvent
reclaimer.
| ||||||
20 | (13) $1,500 for a facility that uses (i) more than 600 | ||||||
21 | gallons of
chlorine-based or green drycleaning solvents | ||||||
22 | annually, (ii) more than 3,000
gallons but not more than | ||||||
23 | 3,250 gallons annually of hydrocarbon-based solvents
in a | ||||||
24 | drycleaning
machine equipped with a solvent reclaimer, or | ||||||
25 | (iii) more than 6,000 gallons of
hydrocarbon-based | ||||||
26 | drycleaning solvents annually in a drycleaning machine
|
| |||||||
| |||||||
1 | equipped without a solvent reclaimer.
| ||||||
2 | (14) $1,500 for a facility that uses more than 3,250 | ||||||
3 | gallons but not more
than 3,500 gallons annually of | ||||||
4 | hydrocarbon-based solvents in a drycleaning
machine | ||||||
5 | equipped with a solvent reclaimer.
| ||||||
6 | (15) $1,500 for a facility that uses more than 3,500 | ||||||
7 | gallons but not more
than 3,750 gallons annually of | ||||||
8 | hydrocarbon-based solvents used in a drycleaning
machine | ||||||
9 | equipped with a solvent reclaimer.
| ||||||
10 | (16) $1,500 for a facility that uses more than 3,750 | ||||||
11 | gallons but not more
than 4,000 gallons annually of | ||||||
12 | hydrocarbon-based solvents in a drycleaning
machine | ||||||
13 | equipped with a solvent reclaimer.
| ||||||
14 | (17) $1,500 for a facility that uses more than 4,000 | ||||||
15 | gallons annually of
hydrocarbon-based solvents in a | ||||||
16 | drycleaning machine equipped with a solvent
reclaimer.
| ||||||
17 | For purpose of this subsection, the quantity of drycleaning | ||||||
18 | solvents
used annually shall be determined as follows:
| ||||||
19 | (1) in the case of an initial applicant, the quantity | ||||||
20 | of drycleaning
solvents that the applicant estimates will | ||||||
21 | be used during his or her initial
license year. A fee | ||||||
22 | assessed under this subdivision is subject to audited
| ||||||
23 | adjustment for that year; or
| ||||||
24 | (2) in the case of a renewal applicant, the quantity of | ||||||
25 | drycleaning
solvents actually purchased used in the | ||||||
26 | preceding license year.
|
| |||||||
| |||||||
1 | The Council may adjust licensing fees annually based on the | ||||||
2 | published
Consumer Price Index - All Urban Consumers ("CPI-U") | ||||||
3 | or as otherwise determined
by the Council.
| ||||||
4 | (d) A license issued under this Section shall expire one | ||||||
5 | year after the date
of issuance and may be renewed on | ||||||
6 | reapplication to the Council and submission
of proof of payment | ||||||
7 | of the appropriate fee to the Department of Revenue in
| ||||||
8 | accordance with subsections (c) and (e). At least 30 days | ||||||
9 | before payment of a
renewal licensing fee is due, the Council | ||||||
10 | shall attempt to:
| ||||||
11 | (1) notify the operator of each licensed drycleaning
| ||||||
12 | facility concerning the requirements of this Section;
and
| ||||||
13 | (2) submit a license fee payment form to the licensed
| ||||||
14 | operator of each drycleaning facility.
| ||||||
15 | (e) An operator of a drycleaning facility shall submit the | ||||||
16 | appropriate
application form provided by the Council with the | ||||||
17 | license fee in the form of
cash or guaranteed remittance to the | ||||||
18 | Department of Revenue.
The license fee payment form and the | ||||||
19 | actual license fee payment shall be
administered by the | ||||||
20 | Department of Revenue under rules adopted by that
Department.
| ||||||
21 | (f) The Department of Revenue shall issue a proof of | ||||||
22 | payment receipt to
each operator of a drycleaning facility who | ||||||
23 | has paid the appropriate fee in
cash or by guaranteed | ||||||
24 | remittance. However, the Department of Revenue shall not
issue | ||||||
25 | a proof of payment receipt to a drycleaning facility that is | ||||||
26 | liable to
the Department of Revenue for a tax imposed under |
| |||||||
| |||||||
1 | this Act. The original
receipt shall be presented to the | ||||||
2 | Council by the operator of a drycleaning
facility.
| ||||||
3 | (g) (Blank). An operator of a dry cleaning facility who is | ||||||
4 | required to pay a license
fee under this Act and fails to pay | ||||||
5 | the license fee when the fee is due may be assessed a penalty | ||||||
6 | of $5 for each day after the license fee is due
and until the | ||||||
7 | license fee is paid. The penalty shall be effective for license
| ||||||
8 | fees due on or after July 1, 1999.
| ||||||
9 | (h) The Council and the Department of Revenue may adopt | ||||||
10 | rules as necessary
to administer the licensing
requirements of | ||||||
11 | this Act.
| ||||||
12 | (Source: P.A. 93-201, eff. 1-1-04.)
| ||||||
13 | (415 ILCS 135/65)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
15 | Sec. 65. Drycleaning solvent tax.
| ||||||
16 | (a) On and after January 1, 1998, a tax is imposed upon
the | ||||||
17 | use of drycleaning solvent by a person engaged in the business | ||||||
18 | of operating
a drycleaning facility in this State at the rate | ||||||
19 | of $3.50 per gallon of
perchloroethylene or other chlorinated | ||||||
20 | drycleaning solvents used in
drycleaning operations, $0.35 per | ||||||
21 | gallon of
petroleum-based drycleaning solvent, and $1.75 per | ||||||
22 | gallon of green solvents,
unless the green solvent is used at a | ||||||
23 | virgin facility, in which case the rate
is $0.35 per gallon. | ||||||
24 | The Council
shall determine by rule which products are
| ||||||
25 | chlorine-based solvents, which products are petroleum-based
|
| |||||||
| |||||||
1 | solvents, and which products are green solvents. All | ||||||
2 | drycleaning solvents
shall be considered
chlorinated solvents | ||||||
3 | unless the Council determines
that the solvents are | ||||||
4 | petroleum-based drycleaning solvents or green
solvents.
| ||||||
5 | (b) The tax imposed by this Act shall be collected from the | ||||||
6 | purchaser at
the time of sale by a seller of drycleaning | ||||||
7 | solvents maintaining a place of
business in this State and | ||||||
8 | shall be remitted to the Department of Revenue under
the
| ||||||
9 | provisions of this Act.
| ||||||
10 | (c) The tax imposed by this Act that is not collected by a | ||||||
11 | seller of
drycleaning solvents shall be paid directly to the | ||||||
12 | Department of Revenue by the
purchaser or end user who is | ||||||
13 | subject to the tax imposed by this Act.
| ||||||
14 | (d) No tax shall be imposed upon the use of drycleaning | ||||||
15 | solvent if the
drycleaning solvent will not be used in a | ||||||
16 | drycleaning facility or if a floor
stock
tax has been imposed | ||||||
17 | and paid on the drycleaning solvent. Prior to the
purchase of | ||||||
18 | the solvent, the purchaser shall provide a written and signed
| ||||||
19 | certificate to the drycleaning solvent seller stating:
| ||||||
20 | (1) the name and address of the purchaser;
| ||||||
21 | (2) the purchaser's signature and date of signing; and
| ||||||
22 | (3) one of the following:
| ||||||
23 | (A) that the drycleaning solvent will not be used | ||||||
24 | in a drycleaning
facility; or
| ||||||
25 | (B) that a floor stock tax has been imposed and | ||||||
26 | paid on the drycleaning
solvent.
|
| |||||||
| |||||||
1 | A person who provides a false certification under this | ||||||
2 | subsection shall be
liable for a
civil penalty not to exceed | ||||||
3 | $500 for a first violation and a civil penalty not
to exceed | ||||||
4 | $5,000 for a second or subsequent violation.
| ||||||
5 | (e) On January 1, 1998, there is imposed on each operator | ||||||
6 | of a
drycleaning facility a tax on drycleaning
solvent held by | ||||||
7 | the operator on that date for use in
a drycleaning facility.
| ||||||
8 | The tax imposed shall be
the tax that would have been imposed | ||||||
9 | under
subsection (a)
if the drycleaning solvent held by the | ||||||
10 | operator on that date had been
purchased
by the operator during
| ||||||
11 | the first year of this Act.
| ||||||
12 | (f) On or before the 25th day of the 1st month following | ||||||
13 | the end of the
calendar quarter, a seller of drycleaning | ||||||
14 | solvents who has collected a tax
pursuant to this Section | ||||||
15 | during the previous calendar quarter, or a purchaser
or end | ||||||
16 | user of
drycleaning solvents required under subsection (c) to | ||||||
17 | submit the tax directly
to the Department, shall file a return
| ||||||
18 | with the Department of Revenue. The return shall be filed on a | ||||||
19 | form prescribed
by the Department of Revenue and shall contain | ||||||
20 | information that the Department
of
Revenue reasonably | ||||||
21 | requires, but at a minimum will require the reporting of
the | ||||||
22 | volume of
drycleaning solvent sold to each licensed drycleaner. | ||||||
23 | The Department of Revenue
shall report quarterly to the Council | ||||||
24 | the volume of drycleaning solvent
purchased for the quarter by | ||||||
25 | each licensed drycleaner. Each seller of
drycleaning solvent | ||||||
26 | maintaining a
place of business in this State who is required |
| |||||||
| |||||||
1 | or authorized to collect the
tax imposed by this Act shall pay | ||||||
2 | to the Department the amount of the tax at
the time when he or | ||||||
3 | she is required to file his or her return for the period
during | ||||||
4 | which the tax was collected. Purchasers or end users remitting | ||||||
5 | the tax
directly to
the Department under subsection (c) shall | ||||||
6 | file a return with
the Department of Revenue and pay the tax so | ||||||
7 | incurred by the purchaser or end
user during
the preceding | ||||||
8 | calendar quarter. | ||||||
9 | Except as provided in this Section, the seller of | ||||||
10 | drycleaning solvents filing the return under this Section | ||||||
11 | shall, at the time of filing the return, pay to the Department | ||||||
12 | the amount of tax imposed by this Act less a discount of 1.75%, | ||||||
13 | or $5 per calendar year, whichever is greater. Failure to | ||||||
14 | timely file the returns and provide to the Department the data | ||||||
15 | requested under this Act will result in disallowance of the | ||||||
16 | reimbursement discount.
| ||||||
17 | (g) The tax on drycleaning solvents
used in drycleaning | ||||||
18 | facilities and the floor stock tax shall be administered by
| ||||||
19 | Department of Revenue
under rules adopted by that Department.
| ||||||
20 | (h) On and after January 1, 1998, no person shall knowingly | ||||||
21 | sell or transfer
drycleaning solvent to an operator of a | ||||||
22 | drycleaning facility that is not
licensed by the Council under | ||||||
23 | Section 60. A person who violates this subsection
is liable for | ||||||
24 | a civil penalty not to exceed $500 for a first violation and a
| ||||||
25 | civil penalty not to exceed $5,000 for a second or subsequent | ||||||
26 | violation.
|
| |||||||
| |||||||
1 | (i) The Department of Revenue may adopt rules
as necessary | ||||||
2 | to implement this Section.
| ||||||
3 | (Source: P.A. 93-201, eff. 1-1-04.)
| ||||||
4 | (415 ILCS 135/69 new) | ||||||
5 | Sec. 69. Civil penalties. | ||||||
6 | (a) Except as provided in this Section, any person who | ||||||
7 | violates any provision
of this Act or any regulation adopted by | ||||||
8 | the Council, or any license or registration or term or | ||||||
9 | condition thereof, or that violates any order of the Council | ||||||
10 | under this Act, shall be liable for a civil penalty as provided | ||||||
11 | in this Section. The penalties may, upon order of the Council | ||||||
12 | or a court of competent jurisdiction, be made payable to the | ||||||
13 | Drycleaner Environmental Response Trust Fund, to be used in | ||||||
14 | accordance with the provisions of the Drycleaner Environmental | ||||||
15 | Response Trust Fund Act. | ||||||
16 | (b) Notwithstanding the provisions of subsection (a) of | ||||||
17 | this Section: | ||||||
18 | (1) Any person who violates Sections 60(a) of this Act | ||||||
19 | by failing to pay the license fee when due, may be assessed | ||||||
20 | a civil penalty of $5 per day for each day after the | ||||||
21 | license fee is due until the license fee is paid. The | ||||||
22 | penalty shall be effective for license fees due on or after | ||||||
23 | July 1, 1999. | ||||||
24 | (2) Any person who violates Section 65(d) or 65(h) of | ||||||
25 | this Act shall be liable for a civil penalty not to exceed |
| |||||||
| |||||||
1 | $500 for the first violation and a civil penalty not to | ||||||
2 | exceed $5,000 for a second or subsequent violation. | ||||||
3 | (3) Any person who violates Section 67 of this Act | ||||||
4 | shall be liable for a civil penalty not to exceed $100 per | ||||||
5 | day for each day the person is not registered to sell | ||||||
6 | drycleaning solvents. | ||||||
7 | (c) The Council shall issue an administrative assessment | ||||||
8 | setting forth any penalties it imposes under subsection (b) of | ||||||
9 | this Section and shall serve notice of the assessment upon the | ||||||
10 | party assessed. The Council's determination shall be
deemed | ||||||
11 | correct and shall serve as evidence of the correctness of the | ||||||
12 | Council's determination that a penalty is due. Proof of a | ||||||
13 | determination by the Council may be made at any administrative | ||||||
14 | hearing or in any legal proceeding by a reproduced copy or | ||||||
15 | computer print-out of the Council's record relating thereto in | ||||||
16 | the name of the Council under the certificate of the Council. | ||||||
17 | If reproduced copies of the Council's records are offered | ||||||
18 | as proof of a penalty assessment, the Council must certify that | ||||||
19 | those copies are true and exact copies of records on file with | ||||||
20 | the Council. If computer print-outs of the Council's records | ||||||
21 | are offered as proof of a determination, the Council Chairman | ||||||
22 | must certify that those computer print-outs are true and exact | ||||||
23 | representations of records properly entered into standard | ||||||
24 | electronic computing equipment, in the regular course of the | ||||||
25 | Council's business, at or reasonably near the time of the | ||||||
26 | occurrence of the facts recorded, from trustworthy and reliable |
| |||||||
| |||||||
1 | information. A certified reproduced copy or certified computer | ||||||
2 | print-out shall, without further proof, be admitted into | ||||||
3 | evidence in any administrative or legal proceeding and is prima | ||||||
4 | facie proof of the correctness of the Council's determination. | ||||||
5 | Whenever notice is required by this Section, the notice may | ||||||
6 | be given by United States registered or certified mail, | ||||||
7 | addressed to the person concerned at his last known address, | ||||||
8 | and proof of mailing shall be sufficient for the purposes of | ||||||
9 | this Act. Notice of any hearing provided for by this Act shall | ||||||
10 | be given not less than 7 days before the day fixed for the | ||||||
11 | hearing. Following the initial contact of a person represented | ||||||
12 | by an attorney, the Council shall not contact that person but | ||||||
13 | shall only contact the attorney representing that person. | ||||||
14 | (d) The penalties provided for in this Section may be | ||||||
15 | recovered in a civil action instituted by the Attorney General | ||||||
16 | in the name of the people of the State of Illinois. | ||||||
17 | (e) The Attorney General may also, at the request of the | ||||||
18 | Council or on his or her own motion, institute a civil action | ||||||
19 | for an injunction, prohibitory or mandatory, to restrain | ||||||
20 | violations of this Act, any rule or regulation adopted under | ||||||
21 | this Act, any license or registration or term or condition of a | ||||||
22 | license or registration, or any Council order, or to require | ||||||
23 | other actions as may be necessary to address violations | ||||||
24 | thereof. | ||||||
25 | (f) Without limiting any other authority which may exist | ||||||
26 | for the awarding of attorney's fees and costs, the Council, or |
| |||||||
| |||||||
1 | a court of competent jurisdiction, may award costs and | ||||||
2 | reasonable attorney's fees, including the reasonable costs of | ||||||
3 | expert witnesses and consultants, to the Attorney General in a | ||||||
4 | case where the Attorney General has prevailed against a person | ||||||
5 | who has committed a willful, knowing, or repeated violation of | ||||||
6 | this Act, any rule or regulation adopted under
this Act, any | ||||||
7 | license or registration or term or condition of a license or | ||||||
8 | registration, or any Council order. Any funds collected under | ||||||
9 | this subsection (f) in which the Attorney General has prevailed | ||||||
10 | shall be deposited in the Drycleaner Environmental Response | ||||||
11 | Trust Fund created in Section 10 of this Act. | ||||||
12 | (g) All final orders imposing civil penalties under this | ||||||
13 | Section shall prescribe the time for payment of the penalties. | ||||||
14 | If any penalty is not paid within the time prescribed, interest | ||||||
15 | on the penalty shall be paid, at the rate set forth in Section | ||||||
16 | 3-2 of the Illinois Uniform Penalty and Interest Act, for the | ||||||
17 | period from the date payment is due until the date payment is | ||||||
18 | received. However, if the time for payment is stayed during the | ||||||
19 | pendency of an appeal, interest shall not accrue during the | ||||||
20 | stay. | ||||||
21 | (h) Notwithstanding any other rulemaking authority that | ||||||
22 | may exist, neither the Governor nor any agency or agency head | ||||||
23 | under the jurisdiction of the Governor has any authority to | ||||||
24 | make or promulgate rules to implement or enforce the provisions | ||||||
25 | of this amendatory Act of the 95th General Assembly. If, | ||||||
26 | however, the Governor believes that rules are necessary to |
| |||||||
| |||||||
1 | implement or enforce the provisions of this amendatory Act of | ||||||
2 | the 95th General Assembly, the Governor may suggest rules to | ||||||
3 | the General Assembly by filing them with the Clerk of the House | ||||||
4 | and the Secretary of the Senate and by requesting that the | ||||||
5 | General Assembly authorize such rulemaking by law, enact those | ||||||
6 | suggested rules into law, or take any other appropriate action | ||||||
7 | in the General Assembly's discretion. Nothing contained in this | ||||||
8 | amendatory Act of the 95th General Assembly shall be | ||||||
9 | interpreted to grant rulemaking authority under any other | ||||||
10 | Illinois statute where such authority is not otherwise | ||||||
11 | explicitly given. For the purposes of this subsection, "rules" | ||||||
12 | is given the meaning contained in Section 1-70 of the Illinois | ||||||
13 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
14 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
15 | the Illinois Administrative Procedure Act to the extent that | ||||||
16 | such definitions apply to agencies or agency heads under the | ||||||
17 | jurisdiction of the Governor. ".
|