Full Text of HB4526 97th General Assembly
HB4526enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Environmental Protection Act is amended by | 5 | | adding Section 22.57 as follows: | 6 | | (415 ILCS 5/22.57 new) | 7 | | Sec. 22.57. Perchloroethylene in drycleaning. | 8 | | (a) For the purposes of this Section: | 9 | | "Drycleaning" means the process of cleaning clothing, | 10 | | garments, textiles, fabrics, leather goods, or other like | 11 | | articles using a nonaqueous solvent. | 12 | | "Drycleaning machine" means any machine, device, or other | 13 | | equipment used in drycleaning. | 14 | | "Drycleaning solvents" means solvents used in drycleaning. | 15 | | "Perchloroethylene drycleaning machine" means a | 16 | | drycleaning machine that uses perchloroethylene. | 17 | | "Primary control system" means a refrigerated condenser or | 18 | | an equivalent closed-loop vapor recovery system that reduces | 19 | | the concentration of perchloroethylene in the recirculating | 20 | | air of a perchloroethylene drycleaning machine. | 21 | | "Refrigerated condenser" means a closed-loop vapor | 22 | | recovery system into which perchloroethylene vapors are | 23 | | introduced and trapped by cooling below the dew point of the |
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| 1 | | perchloroethylene. | 2 | | "Secondary control system" means a device or apparatus that | 3 | | reduces the concentration of perchloroethylene in the | 4 | | recirculating air of a perchloroethylene drycleaning machine | 5 | | at the end of the drying cycle beyond the level achievable with | 6 | | a refrigerated condenser alone. | 7 | | (b) Beginning January 1, 2013: | 8 | | (1) Perchloroethylene drycleaning machines in | 9 | | operation on the effective date of this Section that have a | 10 | | primary control system but not a secondary control system | 11 | | can continue to be used until the end of their useful life, | 12 | | provided that perchloroethylene drycleaning machines that | 13 | | do not have a secondary control system cannot be operated | 14 | | at a facility other than the facility at which they were | 15 | | located on the effective date of this Section. | 16 | | (2) Except as allowed under paragraph (1) of subsection | 17 | | (b) of this Section, no person shall install or operate a | 18 | | perchloroethylene drycleaning machine unless the machine | 19 | | has a primary control system and a secondary control | 20 | | system. | 21 | | (c) Beginning January 1, 2014, no person shall operate a | 22 | | drycleaning machine unless all of the following are met: | 23 | | (1) During the operation of any perchloroethylene | 24 | | drycleaning machine, a person with the following training | 25 | | is present at the facility where the machine is located: | 26 | | (A) Successful completion of an initial |
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| 1 | | environmental training course that is approved by the | 2 | | Dry Cleaner Environmental Response Trust Fund Council, | 3 | | in consultation with the Agency and representatives of | 4 | | the drycleaning industry, as providing appropriate | 5 | | training on drycleaning best management practices, | 6 | | including, but not limited to, reducing solvent air | 7 | | emissions, reducing solvent spills and leaks, | 8 | | protecting groundwater, and promoting the efficient | 9 | | use of solvents. | 10 | | (B) Once every 4 years after completion of the | 11 | | initial environmental training course, successful | 12 | | completion of a refresher environmental training | 13 | | course that is approved by the Dry Cleaner | 14 | | Environmental Response Trust Fund Council, in | 15 | | consultation with the Agency and representatives of | 16 | | the drycleaning industry, as providing (i) appropriate | 17 | | review and updates on drycleaning best management | 18 | | practices, including, but not limited to, reducing | 19 | | solvent air emissions, reducing solvent spills and | 20 | | leaks, protecting groundwater, and promoting the | 21 | | efficient use of solvents, and (ii) information on | 22 | | drycleaning solvents, technologies, and alternatives | 23 | | that do not utilize perchloroethylene. | 24 | | (2) For drycleaning facilities where one or more | 25 | | perchloroethylene drycleaning machines are used, proof of | 26 | | successful completion of the training required under |
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| 1 | | paragraph (1) of subsection (c) of this Section is | 2 | | maintained at the drycleaning facility. Proof of | 3 | | successful completion of the training must be made | 4 | | available for inspection and copying by the Agency or units | 5 | | of local government during normal business hours. Training | 6 | | used to satisfy paragraph (2) of subsection (d) of Section | 7 | | 45 of the Drycleaner Environmental Response Trust Fund Act | 8 | | may also be used to satisfy paragraph (1) of subsection (c) | 9 | | of this Section to the extent that it meets the | 10 | | requirements of paragraph (1) of subsection (c) of this | 11 | | Section. | 12 | | (3) All of the following secondary containment | 13 | | measures are in place: | 14 | | (A) There is a containment dike or other | 15 | | containment structure around each machine, item of | 16 | | equipment, drycleaning area, and portable waste | 17 | | container in which any drycleaning solvent is | 18 | | utilized, which shall be capable of containing leaks, | 19 | | spills, or releases of drycleaning solvent from that | 20 | | machine, item, area, or container. The containment | 21 | | dike or other containment structure shall be capable of | 22 | | at least the following: (i) containing a capacity of | 23 | | 110% of the drycleaning solvent in the largest tank or | 24 | | vessel within the machine; (ii) containing 100% of the | 25 | | drycleaning solvent of each item of equipment or | 26 | | drycleaning area; and (iii) containing 100% of the |
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| 1 | | drycleaning solvent of the largest portable waste | 2 | | container or at least 10% of the total volume of the | 3 | | portable waste containers stored within the | 4 | | containment dike or structure, whichever is greater. | 5 | | Petroleum underground storage tank systems that are | 6 | | upgraded in accordance with USEPA upgrade standards | 7 | | pursuant to 40 CFR Part 280 for the tanks and related | 8 | | piping systems and use a leak detection system approved | 9 | | by the USEPA or the Agency are exempt from this | 10 | | subparagraph (A). | 11 | | (B) Those portions of diked floor surfaces on which | 12 | | a drycleaning solvent may leak, spill, or otherwise be | 13 | | released have been sealed or otherwise rendered | 14 | | impervious. | 15 | | (C) All chlorine-based drycleaning solvent is | 16 | | delivered to the drycleaning facility by means of | 17 | | closed, direct-coupled delivery systems. The Dry | 18 | | Cleaner Environmental Response Trust Fund Council may | 19 | | adopt rules specifying methods of delivery of solvents | 20 | | other than chlorine-based solvents to drycleaning | 21 | | facilities. Solvents other than chlorine-based | 22 | | solvents must be delivered to drycleaning facilities | 23 | | in accordance with rules adopted by the Dry Cleaner | 24 | | Environmental Response Trust Fund Council. | 25 | | (d) Manufacturers of drycleaning solvents or other | 26 | | cleaning agents used as alternatives to perchloroethylene |
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| 1 | | drycleaning that are sold or offered for sale in Illinois must, | 2 | | in accordance with Agency rules, provide to the Agency | 3 | | sufficient information to allow the Agency to determine whether | 4 | | the drycleaning solvents or cleaning agents may pose negative | 5 | | impacts to human health or the environment. These alternatives | 6 | | shall include, but are not limited to, drycleaning solvents or | 7 | | other cleaning agents used in solvent-based cleaning, | 8 | | carbon-dioxide based cleaning, and professional wet cleaning | 9 | | methods. The information shall include, but is not limited to, | 10 | | information regarding the physical and chemical properties of | 11 | | the drycleaning solvents or cleaning agents and toxicity data. | 12 | | No later than July 1, 2015, the Agency shall adopt in | 13 | | accordance with the Illinois Administrative Procedure Act | 14 | | rules specifying the information that manufacturers must | 15 | | submit under this subsection (d). The rules must include, but | 16 | | shall not be limited to, a deadline for submission of the | 17 | | information to the Agency. No later than July 1, 2018, the | 18 | | Agency shall post information resulting from its review of the | 19 | | drycleaning solvents and cleaning agents on the Agency's | 20 | | website. | 21 | | (e) No later than January 1, 2016, the Agency shall submit | 22 | | to the General Assembly a report on the impact to groundwater | 23 | | from newly discovered releases of perchloroethylene from any | 24 | | source in this State. Depending on the nature and scope of any | 25 | | releases that have impacted groundwater, the report may | 26 | | include, but shall not be limited to, recommendations for |
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| 1 | | reducing or eliminating impacts to groundwater from future | 2 | | releases. | 3 | | Section 10. The Drycleaner Environmental Response Trust | 4 | | Fund Act is amended by changing Section 60 as follows:
| 5 | | (415 ILCS 135/60)
| 6 | | (Section scheduled to be repealed on January 1, 2020)
| 7 | | Sec. 60. Drycleaning facility license.
| 8 | | (a) On and after January 1, 1998, no person shall operate a | 9 | | drycleaning
facility in this State without a license issued by | 10 | | the Council.
| 11 | | (b) The Council shall issue an initial or renewal license | 12 | | to a drycleaning
facility on submission by an applicant of a | 13 | | completed form prescribed by the
Council, proof of payment of | 14 | | the required fee to the Department of Revenue, and, if the | 15 | | drycleaning facility has previously received or is currently | 16 | | receiving reimbursement for the costs of a remedial action, as | 17 | | defined in this Act, proof of compliance with subsection (j) of | 18 | | Section 40. Beginning January 1, 2013, license renewal | 19 | | application forms must include a certification by the applicant | 20 | | that all hazardous waste stored at the drycleaning facility is | 21 | | stored in accordance with all applicable federal and state laws | 22 | | and regulations, and that all hazardous waste transported from | 23 | | the drycleaning facility is transported in accordance with all | 24 | | applicable federal and state laws and regulations. Also, |
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| 1 | | beginning January 1, 2013, license renewal applications must | 2 | | include copies of all manifests for hazardous waste transported | 3 | | from the drycleaning facility during the previous 12 months or | 4 | | since the last submission of copies of manifests, whichever is | 5 | | longer. If the Council does not receive a copy of a manifest | 6 | | for a drycleaning facility within a 3-year period, or within a | 7 | | shorter period as determined by the Council, the Council shall | 8 | | make appropriate inquiry into the management of hazardous waste | 9 | | at the facility and may share the results of the inquiry with | 10 | | the Agency.
| 11 | | (c) On or after January 1, 2004, the annual fees for | 12 | | licensure are as
follows:
| 13 | | (1) $500 for a facility that uses (i) 50 gallons or
| 14 | | less of
chlorine-based or green drycleaning solvents | 15 | | annually, (ii) 250 or less
gallons annually of | 16 | | hydrocarbon-based drycleaning solvents in a drycleaning
| 17 | | machine equipped with a solvent reclaimer, or (iii) 500 | 18 | | gallons
or less annually of hydrocarbon-based drycleaning | 19 | | solvents in a
drycleaning machine without a solvent | 20 | | reclaimer.
| 21 | | (2) $500 for a facility that uses (i)
more than 50 | 22 | | gallons but not more than 100
gallons of chlorine-based or | 23 | | green drycleaning solvents annually, (ii)
more than 250 | 24 | | gallons but not more 500 gallons annually of | 25 | | hydrocarbon-based
solvents in
a drycleaning machine | 26 | | equipped with a solvent reclaimer, or (iii) more
than 500 |
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| 1 | | gallons but not more than 1,000 gallons
annually of | 2 | | hydrocarbon-based drycleaning solvents in a drycleaning
| 3 | | machine without a solvent reclaimer.
| 4 | | (3) $500 for a facility that uses (i) more than 100 | 5 | | gallons but not more than 150 gallons of chlorine-based
or | 6 | | green drycleaning solvents annually, (ii) more than 500 | 7 | | gallons but
not more than 750 gallons annually of | 8 | | hydrocarbon-based solvents in a
drycleaning machine | 9 | | equipped with a solvent reclaimer, or (iii) more than
1,000
| 10 | | gallons but not more than 1,500 gallons annually of
| 11 | | hydrocarbon-based drycleaning solvents in a drycleaning | 12 | | machine without a
solvent reclaimer.
| 13 | | (4) $1,000 for a facility that uses (i) more than 150 | 14 | | gallons but not
more than 200 gallons of chlorine-based or | 15 | | green drycleaning solvents annually,
(ii) more than 750 | 16 | | gallons but not more than 1,000 gallons annually of
| 17 | | hydrocarbon-based solvents in a drycleaning machine | 18 | | equipped with a solvent
reclaimer, or (iii) more than
1,500 | 19 | | gallons but not more than 2,000 gallons annually of | 20 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 21 | | machine without a solvent
reclaimer.
| 22 | | (5) $1,000 for a facility that uses (i) more than 200 | 23 | | gallons but not more
than 250 gallons of chlorine-based or | 24 | | green drycleaning solvents annually, (ii)
more than 1,000 | 25 | | gallons but not more than 1,250 gallons annually of
| 26 | | hydrocarbon-based solvents in a drycleaning machine |
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| 1 | | equipped with a solvent
reclaimer, or (iii) more than
2,000 | 2 | | gallons but not more than 2,500 gallons annually of | 3 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 4 | | machine without a solvent
reclaimer.
| 5 | | (6) $1,000 for a facility that uses (i) more than 250 | 6 | | gallons but not
more than
300 gallons of chlorine-based or | 7 | | green drycleaning solvents annually, (ii) more
than 1,250 | 8 | | gallons but not more than 1,500 gallons annually of
| 9 | | hydrocarbon-based solvents in a drycleaning machine | 10 | | equipped with a solvent
reclaimer, or (iii) more than 2,500 | 11 | | gallons but not more than 3,000 gallons
annually of | 12 | | hydrocarbon-based drycleaning solvents in a drycleaning | 13 | | machine
without
a solvent reclaimer.
| 14 | | (7) $1,000 for a facility that uses (i) more than 300 | 15 | | gallons but not more
than
350 gallons of chlorine-based or | 16 | | green drycleaning solvents annually, (ii) more
than 1,500 | 17 | | gallons but not more than 1,750 gallons annually of
| 18 | | hydrocarbon-based
solvents in a drycleaning machine | 19 | | equipped with a solvent reclaimer, or (iii)
more than 3,000 | 20 | | gallons but not more than 3,500 gallons annually of
| 21 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 22 | | machine without a solvent
reclaimer.
| 23 | | (8) $1,500 for a facility that uses (i) more than 350 | 24 | | gallons but not more
than
400 gallons of chlorine-based or | 25 | | green drycleaning solvents annually, (ii) more
than 1,750 | 26 | | gallons but not more than 2,000 gallons annually of
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| 1 | | hydrocarbon-based
solvents in a drycleaning machine | 2 | | equipped with a solvent reclaimer, or (iii)
more than 3,500 | 3 | | gallons but not more than 4,000 gallons annually of
| 4 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 5 | | machine without a solvent
reclaimer.
| 6 | | (9) $1,500 for a facility that uses (i) more than 400 | 7 | | gallons but not more
than 450 gallons of chlorine-based or | 8 | | green drycleaning solvents annually, (ii)
more than 2,000 | 9 | | gallons but not more than 2,250 gallons annually of
| 10 | | hydrocarbon-based
solvents in a drycleaning machine | 11 | | equipped with a solvent reclaimer, or (iii)
more
than
4,000 | 12 | | gallons but not more than 4,500 gallons annually of | 13 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 14 | | machine without a solvent
reclaimer.
| 15 | | (10) $1,500 for a facility that uses (i) more than 450 | 16 | | gallons but not
more than 500
gallons of chlorine-based or | 17 | | green drycleaning solvents annually, (ii) more
than
2,250 | 18 | | gallons but not more than 2,500 gallons annually of | 19 | | hydrocarbon-based
solvents used in a drycleaning machine | 20 | | equipped with a solvent reclaimer, or
(iii) more
than 4,500 | 21 | | gallons but not more than 5,000 gallons annually of
| 22 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 23 | | machine without a solvent reclaimer.
| 24 | | (11) $1,500 for a facility that uses (i) more than 500 | 25 | | gallons but not
more than 550
gallons of chlorine-based or | 26 | | green drycleaning solvents annually, (ii) more
than
2,500 |
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| 1 | | gallons but not more than 2,750 gallons annually of | 2 | | hydrocarbon-based
solvents in a drycleaning machine | 3 | | equipped with a solvent reclaimer, or (iii)
more than
5,000 | 4 | | gallons but not more than 5,500 gallons annually of | 5 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 6 | | machine without a solvent
reclaimer.
| 7 | | (12) $1,500 for a facility that uses (i) more than 550 | 8 | | gallons but not
more than 600
gallons of chlorine-based or | 9 | | green drycleaning solvents annually, (ii) more
than 2,750 | 10 | | gallons but not more than 3,000 gallons annually of
| 11 | | hydrocarbon-based
solvents in a drycleaning machine | 12 | | equipped with a solvent reclaimer, or (iii)
more than
5,500 | 13 | | gallons but not more than 6,000 gallons annually of | 14 | | hydrocarbon-based
drycleaning solvents in a drycleaning | 15 | | machine without a solvent
reclaimer.
| 16 | | (13) $1,500 for a facility that uses (i) more than 600 | 17 | | gallons of
chlorine-based or green drycleaning solvents | 18 | | annually, (ii) more than 3,000
gallons but not more than | 19 | | 3,250 gallons annually of hydrocarbon-based solvents
in a | 20 | | drycleaning
machine equipped with a solvent reclaimer, or | 21 | | (iii) more than 6,000 gallons of
hydrocarbon-based | 22 | | drycleaning solvents annually in a drycleaning machine
| 23 | | equipped without a solvent reclaimer.
| 24 | | (14) $1,500 for a facility that uses more than 3,250 | 25 | | gallons but not more
than 3,500 gallons annually of | 26 | | hydrocarbon-based solvents in a drycleaning
machine |
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| 1 | | equipped with a solvent reclaimer.
| 2 | | (15) $1,500 for a facility that uses more than 3,500 | 3 | | gallons but not more
than 3,750 gallons annually of | 4 | | hydrocarbon-based solvents used in a drycleaning
machine | 5 | | equipped with a solvent reclaimer.
| 6 | | (16) $1,500 for a facility that uses more than 3,750 | 7 | | gallons but not more
than 4,000 gallons annually of | 8 | | hydrocarbon-based solvents in a drycleaning
machine | 9 | | equipped with a solvent reclaimer.
| 10 | | (17) $1,500 for a facility that uses more than 4,000 | 11 | | gallons annually of
hydrocarbon-based solvents in a | 12 | | drycleaning machine equipped with a solvent
reclaimer.
| 13 | | For purpose of this subsection, the quantity of drycleaning | 14 | | solvents
used annually shall be determined as follows:
| 15 | | (1) in the case of an initial applicant, the quantity | 16 | | of drycleaning
solvents that the applicant estimates will | 17 | | be used during his or her initial
license year. A fee | 18 | | assessed under this subdivision is subject to audited
| 19 | | adjustment for that year; or
| 20 | | (2) in the case of a renewal applicant, the quantity of | 21 | | drycleaning
solvents actually purchased in the preceding | 22 | | license year.
| 23 | | The Council may adjust licensing fees annually based on the | 24 | | published
Consumer Price Index - All Urban Consumers ("CPI-U") | 25 | | or as otherwise determined
by the Council.
| 26 | | (d) A license issued under this Section shall expire one |
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| 1 | | year after the date
of issuance and may be renewed on | 2 | | reapplication to the Council and submission
of proof of payment | 3 | | of the appropriate fee to the Department of Revenue in
| 4 | | accordance with subsections (c) and (e). At least 30 days | 5 | | before payment of a
renewal licensing fee is due, the Council | 6 | | shall attempt to:
| 7 | | (1) notify the operator of each licensed drycleaning
| 8 | | facility concerning the requirements of this Section;
and
| 9 | | (2) submit a license fee payment form to the licensed
| 10 | | operator of each drycleaning facility.
| 11 | | (e) An operator of a drycleaning facility shall submit the | 12 | | appropriate
application form provided by the Council with the | 13 | | license fee in the form of
cash, credit card, business check, | 14 | | or guaranteed remittance to the Department of Revenue.
The | 15 | | Department may accept payment of the license fee under this | 16 | | Section by credit card only if the Department is not required | 17 | | to pay a discount fee charged by the credit card issuer. The | 18 | | license fee payment form and the actual license fee payment | 19 | | shall be
administered by the Department of Revenue under rules | 20 | | 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, credit card, or business check. However, the | 25 | | Department of Revenue shall not
issue a proof of payment | 26 | | receipt to a drycleaning facility that is liable to
the |
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| 1 | | Department of Revenue for a tax imposed under this Act. The | 2 | | original
receipt shall be presented to the Council by the | 3 | | operator of a drycleaning
facility.
| 4 | | (g) (Blank).
| 5 | | (h) The Council and the Department of Revenue may adopt | 6 | | rules as necessary
to administer the licensing
requirements of | 7 | | this Act.
| 8 | | (Source: P.A. 96-774, eff. 1-1-10; 97-332, eff. 8-12-11; | 9 | | 97-377, eff. 1-1-12; 97-663, eff. 1-13-12.)
| 10 | | Section 99. Effective date. This Act takes effect January | 11 | | 1, 2013.
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