Bill Text: IL HB2777 | 2011-2012 | 97th General Assembly | Chaptered


Bill Title: Amends the Drycleaner Environmental Response Trust Fund Act. Makes a technical change in the Section creating the Fund.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2011-08-12 - Public Act . . . . . . . . . 97-0332 [HB2777 Detail]

Download: Illinois-2011-HB2777-Chaptered.html



Public Act 097-0332
HB2777 EnrolledLRB097 08414 JDS 48541 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Drycleaner Environmental Response Trust
Fund Act is amended by changing Sections 60 and 69 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(Section scheduled to be repealed on January 1, 2020)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 and proof of payment
of the required fee to the Department of Revenue.
(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
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.)
(415 ILCS 135/69)
Sec. 69. Civil penalties.
(a) Except as provided in this Section, any person who
violates any provision of this Act or any regulation adopted by
the Council, or any license or registration or term or
condition thereof, or that violates any order of the Council
under this Act, shall be liable for a civil penalty as provided
in this Section. The penalties may, upon order of the Council
or a court of competent jurisdiction, be made payable to the
Drycleaner Environmental Response Trust Fund, to be used in
accordance with the provisions of the Drycleaner Environmental
Response Trust Fund Act.
(b) Notwithstanding the provisions of subsection (a) of
this Section:
(1) Any person who violates subsection (a) of Section
60 Section 60(a) of this Act by failing to pay the license
fee when due, may be assessed a civil penalty of $5 per day
for each day after the license fee is due until the license
fee is paid. The penalty shall be effective for license
fees due on or after July 1, 1999 and before June 30, 2011.
For license fees due on or after July 1, 2011, any person
who violates subsection (a) of Section 60 of this Act by
failing to pay the license fee when due may be assessed a
civil penalty, beginning on the 31st day after the license
fee is due, in the following amounts: (i) beginning on the
31st day after the license fee is due and until the 60th
day after the license fee is due, $3 for each day during
which the license fee is not paid and (ii) beginning on the
61st day after the license fee is due and until the license
fee is paid, $5 for each day during which the license fee
is not paid.
(2) Any person who violates subsection (d) or (h) of
Section 65 Section 65(d) or 65(h) of this Act shall be
liable for a civil penalty not to exceed $500 for the first
violation and a civil penalty not to exceed $5,000 for a
second or subsequent violation.
(3) Any person who violates Section 67 of this Act
shall be liable for a civil penalty not to exceed $100 per
day for each day the person is not registered to sell
drycleaning solvents.
(c) The Council shall issue an administrative assessment
setting forth any penalties it imposes under subsection (b) of
this Section and shall serve notice of the assessment upon the
party assessed. The Council's determination shall be deemed
correct and shall serve as evidence of the correctness of the
Council's determination that a penalty is due. Proof of a
determination by the Council may be made at any administrative
hearing or in any legal proceeding by a reproduced copy or
computer print-out of the Council's record relating thereto in
the name of the Council under the certificate of the Council.
If reproduced copies of the Council's records are offered
as proof of a penalty assessment, the Council must certify that
those copies are true and exact copies of records on file with
the Council. If computer print-outs of the Council's records
are offered as proof of a determination, the Council Chairman
must certify that those computer print-outs are true and exact
representations of records properly entered into standard
electronic computing equipment, in the regular course of the
Council's business, at or reasonably near the time of the
occurrence of the facts recorded, from trustworthy and reliable
information. A certified reproduced copy or certified computer
print-out shall, without further proof, be admitted into
evidence in any administrative or legal proceeding and is prima
facie proof of the correctness of the Council's determination.
Whenever notice is required by this Section, the notice may
be given by United States registered or certified mail,
addressed to the person concerned at his last known address,
and proof of mailing shall be sufficient for the purposes of
this Act. Notice of any hearing provided for by this Act shall
be given not less than 7 days before the day fixed for the
hearing. Following the initial contact of a person represented
by an attorney, the Council shall not contact that person but
shall only contact the attorney representing that person.
(d) The penalties provided for in this Section may be
recovered in a civil action instituted by the Attorney General
in the name of the people of the State of Illinois.
(e) The Attorney General may also, at the request of the
Council or on his or her own motion, institute a civil action
for an injunction, prohibitory or mandatory, to restrain
violations of this Act, any rule or regulation adopted under
this Act, any license or registration or term or condition of a
license or registration, or any Council order, or to require
other actions as may be necessary to address violations
thereof.
(f) Without limiting any other authority which may exist
for the awarding of attorney's fees and costs, the Council, or
a court of competent jurisdiction, may award costs and
reasonable attorney's fees, including the reasonable costs of
expert witnesses and consultants, to the Attorney General in a
case where the Attorney General has prevailed against a person
who has committed a willful, knowing, or repeated violation of
this Act, any rule or regulation adopted under this Act, any
license or registration or term or condition of a license or
registration, or any Council order. Any funds collected under
this subsection (f) in which the Attorney General has prevailed
shall be deposited in the Drycleaner Environmental Response
Trust Fund created in Section 10 of this Act.
(g) All final orders imposing civil penalties under this
Section shall prescribe the time for payment of the penalties.
If any penalty is not paid within the time prescribed, interest
on the penalty shall be paid, at the rate set forth in Section
3-2 of the Illinois Uniform Penalty and Interest Act, for the
period from the date payment is due until the date payment is
received. However, if the time for payment is stayed during the
pendency of an appeal, interest shall not accrue during the
stay.
(Source: P.A. 96-774, eff. 1-1-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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