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| Public Act 097-1057
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| HB4526 Enrolled | LRB097 18820 JDS 64057 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by |
adding Section 22.57 as follows:
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(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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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reducing or eliminating impacts to groundwater from future |
releases.
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Section 10. The Drycleaner Environmental Response Trust |
Fund Act is amended by changing Section 60 as follows:
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(415 ILCS 135/60)
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(Section scheduled to be repealed on January 1, 2020)
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Sec. 60. Drycleaning facility license.
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(a) On and after January 1, 1998, no person shall operate a |
drycleaning
facility in this State without a license issued by |
the Council.
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(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, |
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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.
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(c) On or after January 1, 2004, the annual fees for |
licensure are as
follows:
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(1) $500 for a facility that uses (i) 50 gallons or
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less of
chlorine-based or green drycleaning solvents |
annually, (ii) 250 or less
gallons annually of |
hydrocarbon-based drycleaning solvents in a drycleaning
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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.
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(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 |
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gallons but not more than 1,000 gallons
annually of |
hydrocarbon-based drycleaning solvents in a drycleaning
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machine without a solvent reclaimer.
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(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
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gallons but not more than 1,500 gallons annually of
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hydrocarbon-based drycleaning solvents in a drycleaning |
machine without a
solvent reclaimer.
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(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
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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.
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(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
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hydrocarbon-based solvents in a drycleaning machine |
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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.
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(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
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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.
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(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
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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
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hydrocarbon-based
drycleaning solvents in a drycleaning |
machine without a solvent
reclaimer.
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(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
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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
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hydrocarbon-based
drycleaning solvents in a drycleaning |
machine without a solvent
reclaimer.
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(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
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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.
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(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
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hydrocarbon-based
drycleaning solvents in a drycleaning |
machine without a solvent reclaimer.
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(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 |
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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.
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(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
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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.
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(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
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equipped without a solvent reclaimer.
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(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 |
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equipped with a solvent reclaimer.
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(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.
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(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.
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(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.
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For purpose of this subsection, the quantity of drycleaning |
solvents
used annually shall be determined as follows:
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(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
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adjustment for that year; or
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(2) in the case of a renewal applicant, the quantity of |
drycleaning
solvents actually purchased in the preceding |
license year.
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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.
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(d) A license issued under this Section shall expire one |
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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
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accordance with subsections (c) and (e). At least 30 days |
before payment of a
renewal licensing fee is due, the Council |
shall attempt to:
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(1) notify the operator of each licensed drycleaning
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facility concerning the requirements of this Section;
and
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(2) submit a license fee payment form to the licensed
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operator of each drycleaning facility.
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(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.
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(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 |
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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.
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(g) (Blank).
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(h) The Council and the Department of Revenue may adopt |
rules as necessary
to administer the licensing
requirements of |
this Act.
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(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.)
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Section 99. Effective date. This Act takes effect January |
1, 2013.
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