Bill Text: IL SB0171 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Amends the Drycleaner Environmental Response Trust Fund Act. Provides that an active drycleaning facility that has previously received or is currently receiving reimbursement for the costs of a remedial action shall maintain continuous financial assurance for environmental liability coverage in the amount of at least $500,000 until the earlier of (i) January 1, 2030 (currently, January 1, 2020) or (ii) the date the Drycleaner Environmental Response Trust Fund Council determines the drycleaning facility is an inactive drycleaning facility. Extends the repeal date for specified fee and tax provisions of the Drycleaner Environmental Response Trust Fund Act to January 1, 2030 (currently, January 1, 2020). Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 21-9)

Status: (Passed) 2019-08-16 - Public Act . . . . . . . . . 101-0400 [SB0171 Detail]

Download: Illinois-2019-SB0171-Chaptered.html



Public Act 101-0400
SB0171 EnrolledLRB101 07423 CPF 52465 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended by
changing Section 22.57 as follows:
(415 ILCS 5/22.57)
Sec. 22.57. Perchloroethylene in drycleaning.
(a) For the purposes of this Section:
"Drycleaning" means the process of cleaning clothing,
garments, textiles, fabrics, leather goods, or other like
articles using a nonaqueous solvent.
"Drycleaning machine" means any machine, device, or other
equipment used in drycleaning.
"Drycleaning solvents" means solvents used in drycleaning.
"Perchloroethylene drycleaning machine" means a
drycleaning machine that uses perchloroethylene.
"Primary control system" means a refrigerated condenser or
an equivalent closed-loop vapor recovery system that reduces
the concentration of perchloroethylene in the recirculating
air of a perchloroethylene drycleaning machine.
"Refrigerated condenser" means a closed-loop vapor
recovery system into which perchloroethylene vapors are
introduced and trapped by cooling below the dew point of the
perchloroethylene.
"Secondary control system" means a device or apparatus that
reduces the concentration of perchloroethylene in the
recirculating air of a perchloroethylene drycleaning machine
at the end of the drying cycle beyond the level achievable with
a refrigerated condenser alone.
(b) Beginning January 1, 2013:
(1) Perchloroethylene drycleaning machines in
operation on the effective date of this Section that have a
primary control system but not a secondary control system
can continue to be used until the end of their useful life,
provided that perchloroethylene drycleaning machines that
do not have a secondary control system cannot be operated
at a facility other than the facility at which they were
located on the effective date of this Section.
(2) Except as allowed under paragraph (1) of subsection
(b) of this Section, no person shall install or operate a
perchloroethylene drycleaning machine unless the machine
has a primary control system and a secondary control
system.
(c) No 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 who has successfully
completed all continuing education requirements adopted by
the Board pursuant to Section 12 of the Drycleaner
Environmental Response Trust Fund Act with the following
training is present at the facility where the machine is
located. :
(A) Successful completion of an initial
environmental training course that is approved by the
Dry Cleaner Environmental Response Trust Fund Council,
in consultation with the Agency and representatives of
the drycleaning industry, as providing appropriate
training on drycleaning best management practices,
including, but not limited to, reducing solvent air
emissions, reducing solvent spills and leaks,
protecting groundwater, and promoting the efficient
use of solvents.
(B) Once every 4 years after completion of the
initial environmental training course, successful
completion of a refresher environmental training
course that is approved by the Dry Cleaner
Environmental Response Trust Fund Council, in
consultation with the Agency and representatives of
the drycleaning industry, as providing (i) appropriate
review and updates on drycleaning best management
practices, including, but not limited to, reducing
solvent air emissions, reducing solvent spills and
leaks, protecting groundwater, and promoting the
efficient use of solvents, and (ii) information on
drycleaning solvents, technologies, and alternatives
that do not utilize perchloroethylene.
(2) For drycleaning facilities where one or more
perchloroethylene drycleaning machines are used, proof of
successful completion of all the training required by the
Board pursuant to Section 12 of the Drycleaner
Environmental Response Trust Fund Act under paragraph (1)
of subsection (c) of this Section is maintained at the
drycleaning facility. Proof of successful completion of
the training must be made available for inspection and
copying by the Agency or units of local government during
normal business hours. Training used to satisfy paragraph
(3) (2) of subsection (b) (d) of Section 60 45 of the
Drycleaner Environmental Response Trust Fund Act may also
be used to satisfy training requirements under paragraph
(1) of subsection (c) of this Section to the extent that
the training it meets the requirements of the Board rules
paragraph (1) of subsection (c) of this Section.
(3) All of the following secondary containment
measures are in place:
(A) There is a containment dike or other
containment structure around each machine, item of
equipment, drycleaning area, and portable waste
container in which any drycleaning solvent is
utilized, which shall be capable of containing leaks,
spills, or releases of drycleaning solvent from that
machine, item, area, or container. The containment
dike or other containment structure shall be capable of
at least the following: (i) containing a capacity of
110% of the drycleaning solvent in the largest tank or
vessel within the machine; (ii) containing 100% of the
drycleaning solvent of each item of equipment or
drycleaning area; and (iii) containing 100% of the
drycleaning solvent of the largest portable waste
container or at least 10% of the total volume of the
portable waste containers stored within the
containment dike or structure, whichever is greater.
Petroleum underground storage tank systems that are
upgraded in accordance with USEPA upgrade standards
pursuant to 40 CFR Part 280 for the tanks and related
piping systems and use a leak detection system approved
by the USEPA or the Agency are exempt from this
subparagraph (A).
(B) Those portions of diked floor surfaces on which
a drycleaning solvent may leak, spill, or otherwise be
released have been sealed or otherwise rendered
impervious.
(C) All chlorine-based drycleaning solvent is
delivered to the drycleaning facility by means of
closed, direct-coupled delivery systems. The Dry
Cleaner Environmental Response Trust Fund Council may
adopt rules specifying methods of delivery of solvents
other than chlorine-based solvents to drycleaning
facilities. Solvents other than chlorine-based
solvents must be delivered to drycleaning facilities
in accordance with rules adopted by the Dry Cleaner
Environmental Response Trust Fund Council.
(d) (Blank). Manufacturers of drycleaning solvents or
other cleaning agents used as alternatives to
perchloroethylene drycleaning that are sold or offered for sale
in Illinois must, in accordance with Agency rules, provide to
the Agency sufficient information to allow the Agency to
determine whether the drycleaning solvents or cleaning agents
may pose negative impacts to human health or the environment.
These alternatives shall include, but are not limited to,
drycleaning solvents or other cleaning agents used in
solvent-based cleaning, carbon-dioxide based cleaning, and
professional wet cleaning methods. The information shall
include, but is not limited to, information regarding the
physical and chemical properties of the drycleaning solvents or
cleaning agents and toxicity data. No later than July 1, 2015,
the Agency shall adopt in accordance with the Illinois
Administrative Procedure Act rules specifying the information
that manufacturers must submit under this subsection (d). The
rules must include, but shall not be limited to, a deadline for
submission of the information to the Agency. No later than July
1, 2018, the Agency shall post information resulting from its
review of the drycleaning solvents and cleaning agents on the
Agency's website.
(e) (Blank). No later than January 1, 2016, the Agency
shall submit to the General Assembly a report on the impact to
groundwater from newly discovered releases of
perchloroethylene from any source in this State. Depending on
the nature and scope of any releases that have impacted
groundwater, the report may include, but shall not be limited
to, recommendations for reducing or eliminating impacts to
groundwater from future releases.
(Source: P.A. 97-1057, eff. 1-1-13.)
Section 10. The Drycleaner Environmental Response Trust
Fund Act is amended by changing Sections 5, 10, 25, 40, 50, 55,
60, 65, and 69, and by adding Sections 69.5 and 77 as follows:
(415 ILCS 135/5)
Sec. 5. Definitions. As used in this Act:
(a) "Active drycleaning facility" means a drycleaning
facility actively engaged in drycleaning operations and
licensed under Section 60 of this Act.
(b) "Agency" means the Illinois Environmental Protection
Agency.
"Board" means the Illinois Pollution Control Board.
(c) "Claimant" means an owner or operator of a drycleaning
facility who has applied for reimbursement from the remedial
account or who has submitted a claim under the insurance
account with respect to a release.
(d) "Council" means the Drycleaner Environmental Response
Trust Fund Council.
(e) "Drycleaner Environmental Response Trust Fund" or
"Fund" means the fund created under Section 10 of this Act.
(f) "Drycleaning facility" means a facility located in this
State that is or has been engaged in drycleaning operations for
the general public, other than a:
(1) a facility located on a United States military
base;
(2) an industrial laundry, commercial laundry, or
linen supply facility;
(3) a prison or other penal institution that engages in
drycleaning only as part of a Correctional Industries
program to provide drycleaning to persons who are
incarcerated in a prison or penal institution or to
resident patients of a State-operated mental health
facility;
(4) a not-for-profit hospital or other health care
facility; or a
(5) a facility located or formerly located on federal
or State property.
(g) "Drycleaning operations" means drycleaning of apparel
and household fabrics for the general public, as described in
Standard Industrial Classification Industry No. 7215 and No.
7216 in the Standard Industrial Classification Manual (SIC) by
the Technical Committee on Industrial Classification.
(h) "Drycleaning solvent" means any and all nonaqueous
solvents, including but not limited to a chlorine-based or
petroleum-based formulation or product, including green
solvents, that are used as a primary cleaning agent in
drycleaning operations.
(i) "Emergency" or "emergency action" means a situation or
an immediate response to a situation to protect public health
or safety. "Emergency" or "emergency action" does not mean
removal of contaminated soils, recovery of free product, or
financial hardship. An "emergency" or "emergency action" would
normally be expected to be directly related to a sudden event
or discovery and would last until the threat to public health
is mitigated.
(j) "Groundwater" means underground water that occurs
within the saturated zone and geologic materials where the
fluid pressure in the pore space is equal to or greater than
the atmospheric pressure.
(k) "Inactive drycleaning facility" means a drycleaning
facility that is not being used for drycleaning operations and
is not registered under this Act.
(l) "Maintaining a place of business in this State" or any
like term means (1) having or maintaining within this State,
directly or through a subsidiary, an office, distribution
facility, distribution house, sales house, warehouse, or other
place of business or (2) operating within this State as an
agent or representative for a person or a person's subsidiary
engaged in the business of selling to persons within this
State, irrespective of whether the place of business or agent
or other representative is located in this State permanently or
temporary, or whether the person or the person's subsidiary
engages in the business of selling in this State.
(m) "No Further Remediation Letter" means a letter provided
by the Agency pursuant to Section 58.10 of Title XVII of the
Environmental Protection Act.
(n) "Operator" means a person or entity holding a business
license to operate a licensed drycleaning facility or the
business operation of which the drycleaning facility is a part.
(o) "Owner" means (1) a person who owns or has possession
or control of a drycleaning facility at the time a release is
discovered, regardless of whether the facility remains in
operation or (2) a parent corporation of the person under item
(1) of this subdivision.
(p) "Parent corporation" means a business entity or other
business arrangement that has elements of common ownership or
control or that uses a long-term contractual arrangement with a
person to avoid direct responsibility for conditions at a
drycleaning facility.
(q) "Person" means an individual, trust, firm, joint stock
company, corporation, consortium, joint venture, or other
commercial entity.
(r) "Program year" means the period beginning on July 1 and
ending on the following June 30.
(s) "Release" means any spilling, leaking, emitting,
discharging, escaping, leaching, or dispersing of drycleaning
solvents from a drycleaning facility to groundwater, surface
water, or subsurface soils.
(t) "Remedial action" means activities taken to comply with
Title XVII Sections 58.6 and 58.7 of the Environmental
Protection Act and rules adopted by the Pollution Control Board
to administer that Title under those Sections.
(u) "Responsible party" means an owner, operator, or other
person financially responsible for costs of remediation of a
release of drycleaning solvents from a drycleaning facility.
(v) "Service provider" means a consultant, testing
laboratory, monitoring well installer, soil boring contractor,
other contractor, lender, or any other person who provides a
product or service for which a claim for reimbursement has been
or will be filed against the Fund remedial account or insurance
account, or a subcontractor of such a person.
(w) "Virgin facility" means a drycleaning facility that has
never had chlorine-based or petroleum-based drycleaning
solvents stored or used at the property prior to it becoming a
green solvent drycleaning facility.
(Source: P.A. 93-201, eff. 1-1-04.)
(415 ILCS 135/10)
Sec. 10. Drycleaner Environmental Response Trust Fund.
(a) The Drycleaner Environmental Response Trust Fund is
created as a special fund in the State Treasury. Moneys
deposited into the Fund shall be used by the Agency solely for
the purposes of the Council and for other purposes as provided
in this Act. The Fund shall include moneys credited to the Fund
under this Act and other moneys that by law may be credited to
the Fund. The State Treasurer may invest moneys Funds deposited
into the Fund at the direction of the Council. Interest, income
from the investments, and other income earned by the Fund shall
be credited to and deposited into the Fund.
Pursuant to appropriation, all moneys in the Drycleaner
Environmental Response Trust Fund shall be disbursed by the
Agency to the Council for the purpose of making disbursements,
if any, in accordance with this Act and for the purpose of
paying the ordinary and contingent expenses of the Council.
After June 30, 1999, pursuant to appropriation, all moneys in
the Drycleaner Environmental Response Trust Fund may be used by
the Council for the purpose of making disbursements, if any, in
accordance with this Act and for the purpose of paying the
ordinary and contingent expenses of the Council.
The Fund may be divided into different accounts with
different depositories to fulfill the purposes of the Act as
determined by the Council.
Moneys in the Fund at the end of a State fiscal year shall
be carried forward to the next fiscal year and shall not revert
to the General Revenue Fund.
(b) The specific purposes of the Fund include, but are not
limited to, the following:
(1) To establish an account to fund remedial action of
drycleaning solvent releases from drycleaning facilities
as provided by Section 40.
(2) To establish an insurance account for insuring
environmental risks from releases from drycleaning
facilities within this State as provided by Section 45.
(c) The State, the General Revenue Fund, and any other Fund
of the State, other than the Drycleaner Environmental Response
Trust Fund, shall not be liable for a claim or cause of action
in connection with a drycleaning facility not owned or operated
by the State or an agency of the State. All expenses incurred
by the Fund shall be payable solely from the Fund and no
liability or obligation shall be imposed upon the State. The
State is not liable for a claim presented against the Fund.
(d) The liability of the Fund is limited to the extent of
coverage provided by the account under which a claim is
submitted, subject to the terms and conditions of that
coverage. The liability of the Fund is further limited by the
moneys made available to the Fund, and no remedy shall be
ordered that would require the Fund to exceed its then current
funding limitations to satisfy an award or which would restrict
the availability of moneys for higher priority sites.
(e) Nothing in this Act shall be construed to limit,
restrict, or affect the authority and powers of the Agency or
another State agency or statute unless the State agency or
statute is specifically referenced and the limitation is
clearly set forth in this Act.
(f) During each fiscal year, the Agency shall limit its
administration of the Fund to no more $600,000 in
administrative expenses. The limitation in this subsection (f)
does not apply to costs incurred by the Agency in:
(1) reviewing remedial action under Title XVII of the
Environmental Protection Act; or
(2) performing investigative or remedial actions.
(Source: P.A. 90-502, eff. 8-19-97; 91-453, eff. 8-6-99.)
(415 ILCS 135/25)
Sec. 25. Powers and duties of the Agency Council.
(a) The Agency Council shall have all of the general powers
reasonably necessary and convenient to carry out its purposes
and may perform the following functions, subject to any express
limitations contained in this Act, including, but not limited
to, the power to:
(1) Take actions and enter into agreements necessary
to:
(A) reimburse claimants for eligible remedial
action expenses; , assist the Agency
(B) to protect the environment from releases for
which claimants are eligible for reimbursement under
this Act by, among other things, performing
investigative, remedial, or other appropriate actions
in response to those releases; and
(C) reduce costs associated with remedial actions.
, and establish and implement an insurance program.
(2) Acquire and hold personal property to be used for
the purpose of remedial action.
(3) (Blank). Purchase, construct, improve, furnish,
equip, lease, option, sell, exchange, or otherwise dispose
of one or more improvements under the terms it determines.
The Council may define "improvements" by rule for purposes
of this Act.
(4) (Blank). Grant a lien, pledge, assignment, or other
encumbrance on one or more revenues, assets of right,
accounts, or funds established or received in connection
with the Fund, including revenues derived from fees or
taxes collected under this Act.
(5) (Blank). Contract for the acquisition or
construction of one or more improvements or parts of one or
more improvements or for the leasing, subleasing, sale, or
other disposition of one or more improvements in a manner
the Council determines.
(6) (Blank). Cooperate with the Agency in the
implementation and administration of this Act to minimize
unnecessary duplication of effort, reporting, or paperwork
and to maximize environmental protection within the
funding limits of this Act.
(7) Except as otherwise provided by law, inspect any
document in the possession of an owner, operator, service
provider, or any other person if the document is relevant
to a claim for reimbursement under this Section or may
inspect a drycleaning facility for which a claim for
benefits under this Act has been submitted.
(b) (Blank). The Council shall pre-approve, and the
contracting parties shall seek pre-approval for, a contract
entered into under this Act if the cost of the contract exceeds
$75,000. The Council or its designee shall review and approve
or disapprove all contracts entered into under this Act.
However, review by the Council or its designee shall not be
required when an emergency situation exists. All contracts
entered into by the Council shall be awarded on a competitive
basis to the maximum extent practical. In those situations
where it is determined that bidding is not practical, the basis
for the determination of impracticability shall be documented
by the Council or its designee.
(c) The Agency shall, in accordance with Board rules,
Council may prioritize the expenditure of funds from the
remedial action account whenever it determines that there are
not sufficient funds to settle all current claims. In
prioritizing, the Agency shall Council may consider, among
other things, the following:
(1) the degree to which human health is affected by the
exposure posed by the release;
(2) the reduction of risk to human health derived from
remedial action compared to the cost of the remedial
action;
(3) the present and planned uses of the impacted
property; and
(4) whether the claimant is currently licensed,
insured, and has paid all fees and premiums due under this
Act; and
(5) (4) other factors as determined by the Board
Council.
(d) The Board may Council shall adopt rules allowing the
direct payment from the Fund to a contractor who performs
remediation. The rules concerning the direct payment shall
include a provision that any applicable deductible must be paid
by the drycleaning facility prior to any direct payment from
the Fund.
(e) (Blank). The Council may purchase reinsurance coverage
to reduce the Fund's potential liability for reimbursement of
remedial action costs.
(f) The Agency may, in accordance with constitutional
limitations, enter at all reasonable times upon any private or
public property for the purpose of inspecting and investigating
to ascertain possible violations of this Act, any rule adopted
under this Act, or any order entered pursuant to this Act.
(g) If the Agency becomes aware of a violation of this Act
or any rule adopted under this Act, it may refer the matter to
the Attorney General for enforcement.
(h) In calendar years 2021 and 2022 and as deemed necessary
by the Director of the Agency thereafter, the Agency shall
prepare a report on the status of the Fund and convene a public
meeting for purposes of disseminating the information in the
report and accepting questions from members of the public on
its contents. The reports prepared by the Agency under this
subsection shall, at a minimum, describe the current financial
status of the Fund, identify administrative expenses incurred
by the Agency in its administration of the Fund, identify
amounts from the Fund that have been applied toward remedial
action and insurance claims under the Act, and list the
drycleaning facilities in the State eligible for reimbursement
from the Fund that have completed remedial action. The Agency
shall make available on its website an electronic copy of the
reports required under this subsection.
(Source: P.A. 93-201, eff. 1-1-04.)
(415 ILCS 135/40)
Sec. 40. Remedial action account.
(a) The remedial action account is established to provide
reimbursement to eligible claimants for drycleaning solvent
investigation, remedial action planning, and remedial action
activities for existing drycleaning solvent contamination
discovered at their drycleaning facilities.
(b) The following persons are eligible for reimbursement
from the remedial action account:
(1) In the case of claimant who is the owner or
operator of an active drycleaning facility licensed by the
Council under this Act at the time of application for
remedial action benefits afforded under the Fund, the
claimant is only eligible for reimbursement of remedial
action costs incurred in connection with a release from
that drycleaning facility, subject to any other
limitations under this Act.
(2) In the case of a claimant who is the owner of an
inactive drycleaning facility and was the owner or operator
of the drycleaning facility when it was an active
drycleaning facility, the claimant is only eligible for
reimbursement of remedial action costs incurred in
connection with a release from the drycleaning facility,
subject to any other limitations under this Act.
(c) An eligible claimant requesting reimbursement from the
remedial action account shall meet all of the following:
(1) The claimant demonstrates that the source of the
release is from the claimant's drycleaning facility.
(2) At the time the release was discovered by the
claimant, the claimant and the drycleaning facility were in
compliance with the Agency reporting and technical
operating requirements.
(3) The claimant reported the release in a timely
manner to the Agency in accordance with State law.
(4) The drycleaning facility site is enrolled in the
Site Remediation Program established under Title XVII of
the Environmental Protection Act. (Blank).
(5) If the claimant is the owner or operator of an
active drycleaning facility, the claimant must ensure that
has provided to the Council proof of implementation and
maintenance of the following pollution prevention
measures:
(A) All That all drycleaning solvent wastes
generated at the a drycleaning facility are be managed
in accordance with applicable State waste management
laws and rules.
(B) There is no A prohibition on the discharge of
wastewater from drycleaning machines, or of
drycleaning solvent from drycleaning operations, to a
sanitary sewer or septic tank or to the surface or in
groundwater.
(C) The That every drycleaning facility has : (I)
install 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 is
shall be capable of containing leaks, spills, or
releases of drycleaning solvent from that machine,
item, area, or container. The containment dike or other
containment structure shall be capable of at least the
following: (i) containing a capacity of 110% of the
drycleaning solvent in the largest tank or vessel
within the machine; (ii) containing 100% of the
drycleaning solvent of each item of equipment or
drycleaning area; and (iii) containing 100% of the
drycleaning solvent of the largest portable waste
container or at least 10% of the total volume of the
portable waste containers stored within the
containment dike or structure, whichever is greater.
Petroleum underground storage tank systems that
are upgraded in compliance accordance with USEPA and
State Fire Marshal rules, including, but not limited
to, leak detection system rules, 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 IEPA are exempt from this secondary
containment requirement. ; and
(D) Those (II) seal or otherwise render impervious
those portions of diked floor surfaces on which a
drycleaning solvent may leak, spill, or otherwise be
released are sealed or otherwise impervious.
(E) All (D) A requirement that all drycleaning
solvent is shall be delivered to drycleaning
facilities by means of closed, direct-coupled delivery
systems.
(6) An active drycleaning facility has maintained
continuous financial assurance for environmental liability
coverage in the amount of at least $500,000 at least since
the date of award of benefits under this Section or July 1,
2000, whichever is earlier. An uninsured drycleaning
facility that has filed an application for insurance with
the Fund by January 1, 2004, obtained insurance through
that application, and maintained that insurance coverage
continuously shall be considered to have conformed with the
requirements of this subdivision (6). To conform with this
requirement the applicant must pay the equivalent of the
total premiums due for the period beginning June 30, 2000
through the date of application plus a 20% penalty of the
total premiums due for that period.
(7) The release was discovered on or after July 1, 1997
and before July 1, 2006.
(d) A claimant must have submitted shall submit a completed
application form provided by the Council. The application shall
contain documentation of activities, plans, and expenditures
associated with the eligible costs incurred in response to a
release of drycleaning solvent from a drycleaning facility.
Application for remedial action account benefits must have been
be submitted to the Council on or before June 30, 2005.
(e) Claimants shall be subject to the following deductible
requirements, unless modified pursuant to the Council's
authority under Section 75:
(1) If, by January 1, 2008, an eligible claimant
submitting a claim for an active drycleaning facility
completed site investigation and submitted to the Council a
complete remedial action plan for the site, then the An
eligible claimant submitting a claim for an active
drycleaning facility is responsible for the first $5,000 of
eligible investigation costs and for the first $10,000 of
eligible remedial action costs incurred in connection with
the release from the drycleaning facility and is only
eligible for reimbursement for costs that exceed those
amounts, subject to any other limitations of this Act. Any
eligible claimant submitting any other claim for an active
drycleaning facility is responsible for the first $5,000 of
eligible investigation costs and for the first $15,000 of
eligible remedial action costs incurred in connection with
the release from the drycleaning facility, and is only
eligible for reimbursement for costs that exceed those
amounts, subject to any other limitations of this Act.
(2) If, by January 1, 2008, an eligible claimant
submitting a claim for an inactive drycleaning facility
completed site investigation and submitted to the Council a
complete remedial action plan for the site, then the An
eligible claimant submitting a claim for an inactive
drycleaning facility is responsible for the first $10,000
of eligible investigation costs and for the first $10,000
of eligible remedial action costs incurred in connection
with the release from that drycleaning facility, and is
only eligible for reimbursement for costs that exceed those
amounts, subject to any other limitations of this Act. Any
eligible claimant submitting any other claim for an
inactive drycleaning facility is responsible for the first
$15,000 of eligible investigation costs and for the first
$15,000 of eligible remedial action costs incurred in
connection with the release from the drycleaning facility,
and is only eligible for reimbursement for costs that
exceed those amounts, subject to any other limitations of
this Act.
(f) Claimants are subject to the following limitations on
reimbursement:
(1) Subsequent to meeting the deductible requirements
of subsection (e), and pursuant to the requirements of
Section 75, reimbursement shall not exceed $300,000 per
active drycleaning facility and $50,000 per inactive
drycleaning facility.
(2) (Blank). A contract in which one of the parties to
the contract is a claimant, for goods or services that may
be payable or reimbursable from the Council, is void and
unenforceable unless and until the Council has found that
the contract terms are within the range of usual and
customary rates for similar or equivalent goods or services
within this State and has found that the goods or services
are necessary for the claimant to comply with Council
standards or other applicable regulatory standards.
(3) (Blank). A claimant may appoint the Council as an
agent for the purposes of negotiating contracts with
suppliers of goods or services reimbursable by the Fund.
The Council may select another contractor for goods or
services other than the one offered by the claimant if the
scope of the proposed work or actual work of the claimant's
offered contractor does not reflect the quality of
workmanship required or if the costs are determined to be
excessive, as determined by the Council.
(4) The Agency Council may require a claimant to obtain
and submit 3 bids and may require specific terms and
conditions in a contract subject to approval.
(5) The Agency Council may enter into a contract or an
exclusive contract with the supplier of goods or services
required by a claimant or class of claimants, in connection
with an expense reimbursable from the Fund, for a specified
good or service at a gross maximum price or fixed rate, and
may limit reimbursement accordingly.
(6) Unless emergency conditions exist, a service
provider shall obtain the Agency's Council's approval of
all remediation work to be reimbursed from the Fund and a
the budget for the remediation work before commencing the
work. No expense incurred that is above the budgeted amount
shall be paid unless the Agency Council approves the
expense prior to its being incurred. All invoices and bills
relating to the remediation work shall be submitted with
appropriate documentation, as deemed necessary by the
Agency Council.
(7) Neither the Council, nor the Agency, nor an
eligible claimant is responsible for payment for costs
incurred that have not been previously approved by the
Council, or Agency, unless an emergency exists.
(8) To be eligible for reimbursement from the Fund,
costs must be within the range of usual and customary rates
for similar or equivalent goods or services, incurred in
performance of remediation work approved by the Agency, and
necessary to respond to the release for which the claimant
is seeking reimbursement from the Fund. The Council may
determine the usual and customary costs of each item for
which reimbursement may be awarded under this Section. The
Council may revise the usual and customary costs from time
to time as necessary, but costs submitted for reimbursement
shall be subject to the rates in effect at the time the
costs were incurred.
(9) If a claimant has pollution liability insurance
coverage other than coverage provided by the insurance
account under this Act, that coverage shall be primary.
Reimbursement from the remedial account shall be limited to
the deductible amounts under the primary coverage and the
amount that exceeds the policy limits of the primary
coverage, subject to the deductible amounts established
pursuant to of this Act. If there is a dispute between the
claimant and the primary insurance provider, reimbursement
from the remedial action account may be made to the
claimant after the claimant assigns all of his or her
interests in the insurance coverage to the Council.
(f-5) Costs of corrective action or indemnification
incurred by a claimant which have been paid to a claimant under
a policy of insurance other than the insurance provided under
this Act, another written agreement, or a court order are not
eligible for reimbursement. A claimant who receives payment
under such a policy, written agreement, or court order shall
reimburse the State to the extent such payment covers costs for
which payment was received from the Fund. Any moneys received
by the State under this subsection shall be deposited into the
Fund.
(g) The source of funds for the remedial action account
shall be moneys allocated to the account by the Agency Council
according to the Fund budget approved by the Council.
(h) A drycleaning facility will be classified as active or
inactive for purposes of determining benefits under this
Section based on the status of the facility on the date a claim
is filed.
(i) Eligible claimants shall conduct remedial action in
accordance with Title XVII of the Site Remediation Program
under the Environmental Protection Act and rules adopted under
that Act. Part 740 of Title 35 of the Illinois Administrative
Code and the Tiered Approach to Cleanup Objectives under Part
742 of Title 35 of the Illinois Administrative Code.
(j) Effective January 1, 2012, the owner or operator of an
active drycleaning facility that has previously received or is
currently receiving reimbursement for the costs of a remedial
action, as defined in this Act, shall maintain continuous
financial assurance for environmental liability coverage in
the amount of at least $500,000 for that facility until the
earlier of (i) January 1, 2030 2020 or (ii) the date the
Council determines the drycleaning facility is an inactive
drycleaning facility. Failure to comply with this requirement
will result in the revocation of the drycleaning facility's
existing license and in the inability of the drycleaning
facility to obtain or renew a license under Section 60 of this
Act.
(k) Effective January 1, 2020, owners and operators of
inactive drycleaning facilities that are eligible for
reimbursement from the Fund on that date shall, until January
1, 2030, pay an annual $3,000 administrative assessment to the
Agency for the facility. Administrative assessments collected
by the Agency under this subsection (k) shall be deposited into
the Fund.
(Source: P.A. 96-774, eff. 1-1-10; 97-377, eff. 1-1-12.)
(415 ILCS 135/50)
Sec. 50. Cost recovery; enforcement.
(a) The Agency Council may seek recovery from a potentially
responsible party liable for a release that is the subject of a
remedial action and for which the Fund has expended moneys for
remedial action. The amount of recovery sought by the Agency
Council shall be equal to all moneys expended by the Fund for
and in connection with the remediation, including, but not
limited to, reasonable attorney's attorneys fees and costs of
litigation expended by the Fund in connection with the release.
(b) Except as provided in subsections (c) and (d):
(1) The Agency Council shall not seek recovery for
expenses in connection with remedial action for a release
from a claimant eligible for reimbursement except for any
unpaid portion of the deductible.
(2) A claimant's liability for a release for which
coverage is admitted under the insurance account shall not
exceed the amount of the deductible, subject to the limits
of insurance coverage.
(c) Notwithstanding subsection (b), the liability of a
claimant to the Fund shall be the total costs of remedial
action incurred by the Fund, as specified in subsection (a), if
the claimant has not complied with the Environmental Protection
Act, and its rules or with this Act, or and its rules adopted
under either Act.
(d) Notwithstanding subsection (b), the liability of a
claimant to the Fund shall be the total costs of remedial
action incurred by the Fund, as specified in subsection (a), if
the claimant received reimbursement from the Fund through
misrepresentation or fraud, and the claimant shall be liable
for the amount of the reimbursement.
(e) Upon reimbursement by the Fund for remedial action
under this Act, the rights of the claimant to recover payment
from a potentially responsible party are assumed by the Agency
Council to the extent the remedial action was paid by the Fund.
A claimant is precluded from receiving double compensation for
the same injury. A claimant may elect to permit the Agency
Council to pursue the claimant's cause of action for an injury
not compensated by the Fund against a potentially responsible
party, provided the Attorney General or his or her designee
determines the representation would not be a conflict of
interest.
(f) This Section does not preclude, limit, or in any way
affect any of the provisions of or causes of action pursuant to
Section 22.2 of the Environmental Protection Act.
(g) Any cost recovery action commenced before July 1, 2020,
by the Council, pursuant to this Section, may be prosecuted or
continued by the Attorney General on and after that date.
(h) All costs recovered under this Section shall be
deposited into the Fund.
(Source: P.A. 90-502, eff. 8-19-97.)
(415 ILCS 135/55)
Sec. 55. Limitation on actions; admissions.
(a) An award or reimbursement made from the Fund by the
Council under this Act shall be the claimant's exclusive method
for the recovery of the costs of drycleaning facility
remediation.
(b) If a person conducts a remedial action activity for a
release at a drycleaning facility site, whether or not the
person files a claim under this Act, the claim and remedial
action activity conducted are not evidence of liability or an
admission of liability for any potential or actual
environmental pollution or damage.
(Source: P.A. 90-502, eff. 8-19-97.)
(415 ILCS 135/60)
(Section scheduled to be repealed on January 1, 2020)
Sec. 60. Drycleaning facility license.
(a) No On and after January 1, 1998, no person shall
operate a drycleaning facility in this State without a license
issued by the Council or Agency. Until July 1, 2020, the
license required under this subsection shall be issued by the
Council. On and after July 1, 2020, the license required under
this subsection shall be issued by the Agency.
(b) Beginning July 1, 2020, The Council shall issue an
initial or renewal license shall be issued to a drycleaning
facility on submission by an applicant of a completed form
prescribed by the Agency and 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. The Agency shall make available on its website an
electronic copy of the required license and license renewal
applications. License Beginning January 1, 2013, license
renewal application forms must include a certification by the
applicant:
(1) that all hazardous waste stored at the drycleaning
facility is stored in accordance with all applicable
federal and state laws and regulations; , and
(2) that all hazardous waste transported from the
drycleaning facility is transported in accordance with all
applicable federal and state laws and regulations; and
(3) that the applicant has successfully completed all
continuing education requirements adopted by the Board
pursuant to Section 12 of the Drycleaner Environmental
Response Trust Fund Act. Also, beginning January 1, 2013,
license renewal applications must include copies of all
manifests for hazardous waste transported from the
drycleaning facility during the previous 12 months or since
the last submission of copies of manifests, whichever is
longer. If the Council does not receive a copy of a
manifest for a drycleaning facility within a 3-year period,
or within a shorter period as determined by the Council,
the Council shall make appropriate inquiry into the
management of hazardous waste at the facility and may share
the results of the inquiry with the Agency.
(c) The On or after January 1, 2004, the annual fees for
licensure are as follows:
(1) $1,500 $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) $2,250 $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) $3,000 $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) $3,750 $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) $4,500 $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) $5,000 $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) $5,000 $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) $5,000 $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) $5,000 $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) $5,000 $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) $5,000 $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) $5,000 $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) $5,000 $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) $5,000 $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) $5,000 $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) $5,000 $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) $5,000 $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 Agency Council
with the license fee in the form of cash, credit card, business
check, or guaranteed remittance to the Department of Revenue.
The Department may accept payment of the license fee under this
Section by credit card only if the Department is not required
to pay a discount fee charged by the credit card issuer. The
license fee payment form and the actual license fee payment
shall be administered by the Department of Revenue under rules
adopted by that Department.
(f) The Department of Revenue shall issue a proof of
payment receipt to each operator of a drycleaning facility who
has paid the appropriate fee in cash or by guaranteed
remittance, credit card, or business check. However, the
Department of Revenue shall not issue a proof of payment
receipt to a drycleaning facility that is liable to the
Department of Revenue for a tax imposed under this Act. The
original receipt shall be presented to the Council by the
operator of a drycleaning facility.
(g) (Blank).
(h) The Board Council and the Department of Revenue may
adopt rules as necessary to administer the licensing
requirements of this Act.
(Source: P.A. 96-774, eff. 1-1-10; 97-332, eff. 8-12-11;
97-377, eff. 1-1-12; 97-663, eff. 1-13-12; 97-813, eff.
7-13-12; 97-1057, eff. 1-1-13.)
(415 ILCS 135/65)
(Section scheduled to be repealed on January 1, 2020)
Sec. 65. Drycleaning solvent tax.
(a) A On and after January 1, 1998, a tax is imposed upon
the use of drycleaning solvent by a person engaged in the
business of operating a drycleaning facility in this State at
the rate of $10 $3.50 per gallon of perchloroethylene or other
chlorinated drycleaning solvents used in drycleaning
operations, $2 $0.35 per gallon of petroleum-based drycleaning
solvent, and $1.75 per gallon of green solvents, unless the
green solvent is used at a virgin facility, in which case the
rate is $0.35 per gallon. The Board may Council shall determine
by rule which products are chlorine-based solvents, which
products are petroleum-based solvents, and which products are
green solvents. All drycleaning solvents shall be considered
chlorinated solvents unless the Board Council determines that
the solvents are petroleum-based drycleaning solvents or green
solvents.
(b) The tax imposed by this Act shall be collected from the
purchaser at the time of sale by a seller of drycleaning
solvents maintaining a place of business in this State and
shall be remitted to the Department of Revenue under the
provisions of this Act.
(c) The tax imposed by this Act that is not collected by a
seller of drycleaning solvents shall be paid directly to the
Department of Revenue by the purchaser or end user who is
subject to the tax imposed by this Act.
(d) No tax shall be imposed upon the use of drycleaning
solvent if the drycleaning solvent will not be used in a
drycleaning facility or if a floor stock tax has been imposed
and paid on the drycleaning solvent. Prior to the purchase of
the solvent, the purchaser shall provide a written and signed
certificate to the drycleaning solvent seller stating:
(1) the name and address of the purchaser;
(2) the purchaser's signature and date of signing; and
(3) one of the following:
(A) that the drycleaning solvent will not be used
in a drycleaning facility; or
(B) that a floor stock tax has been imposed and
paid on the drycleaning solvent.
(e) On January 1, 1998, there is imposed on each operator
of a drycleaning facility a tax on drycleaning solvent held by
the operator on that date for use in a drycleaning facility.
The tax imposed shall be the tax that would have been imposed
under subsection (a) if the drycleaning solvent held by the
operator on that date had been purchased by the operator during
the first year of this Act.
(f) On or before the 25th day of the 1st month following
the end of the calendar quarter, a seller of drycleaning
solvents who has collected a tax pursuant to this Section
during the previous calendar quarter, or a purchaser or end
user of drycleaning solvents required under subsection (c) to
submit the tax directly to the Department, shall file a return
with the Department of Revenue. The return shall be filed on a
form prescribed by the Department of Revenue and shall contain
information that the Department of Revenue reasonably
requires, but at a minimum will require the reporting of the
volume of drycleaning solvent sold to each licensed drycleaner.
The Department of Revenue shall report quarterly to the Agency
Council the volume of drycleaning solvent purchased for the
quarter by each licensed drycleaner. Each seller of drycleaning
solvent maintaining a place of business in this State who is
required or authorized to collect the tax imposed by this Act
shall pay to the Department the amount of the tax at the time
when he or she is required to file his or her return for the
period during which the tax was collected. Purchasers or end
users remitting the tax directly to the Department under
subsection (c) shall file a return with the Department of
Revenue and pay the tax so incurred by the purchaser or end
user during the preceding calendar quarter.
Except as provided in this Section, the seller of
drycleaning solvents filing the return under this Section
shall, at the time of filing the return, pay to the Department
the amount of tax imposed by this Act less a discount of 1.75%,
or $5 per calendar year, whichever is greater. Failure to
timely file the returns and provide to the Department the data
requested under this Act will result in disallowance of the
reimbursement discount.
(g) The tax on drycleaning solvents used in drycleaning
facilities and the floor stock tax shall be administered by
Department of Revenue under rules adopted by that Department.
(h) No On and after January 1, 1998, no person shall
knowingly sell or transfer drycleaning solvent to an operator
of a drycleaning facility that is not licensed by the Agency
Council under Section 60.
(i) The Department of Revenue may adopt rules as necessary
to implement this Section.
(j) If any payment provided for in this Section exceeds the
seller's liabilities under this Act, as shown on an original
return, the seller may credit such excess payment against
liability subsequently to be remitted to the Department under
this Act, in accordance with reasonable rules adopted by the
Department. If the Department subsequently determines that all
or any part of the credit taken was not actually due to the
seller, the seller's discount shall be reduced by an amount
equal to the difference between the discount as applied to the
credit taken and that actually due, and the seller shall be
liable for penalties and interest on such difference.
(Source: P.A. 100-1171, eff. 1-4-19.)
(415 ILCS 135/69)
Sec. 69. Civil penalties.
(a) Except as otherwise provided in this Section, any
person who violates any provision of this Act, or any rule
adopted under this Act regulation adopted by the Council, or
any license or registration or term or condition thereof, or
that violates any Council, Board, or court order entered 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
Board 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 this 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 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 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.
(4) Any person that violates subsection (k) of Section
40 of this Act may be assessed a civil penalty in an amount
equal to 3 times the total in administrative assessments
owed by that person under that subsection.
(c) (Blank). 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
Agency or the Department of Revenue, 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, Board, or court order entered pursuant to this
Act, 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 Board 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, or any license or registration or term or condition
of a license or registration, or any Council, Board, or court
order entered pursuant to this Act. 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; 97-332, eff. 8-12-11.)
(415 ILCS 135/69.5 new)
Sec. 69.5. Criminal penalties. In addition to all other
civil and criminal penalties provided by law, any person who
knowingly makes to the Agency or Department of Revenue an oral
or written statement that is false, fictitious, or fraudulent
and that is materially related to or required by this Act or a
rule adopted under this Act commits a Class 4 felony, and each
such statement or writing shall be considered a separate Class
4 felony. A person who, after being convicted under this
Section, violates this Section a second or subsequent time
commits a Class 3 felony.
(415 ILCS 135/77 new)
Sec. 77. Review of final decisions.
(a) All final Agency decisions made pursuant to this Act
shall be subject to review in the manner provided for the
review of permit decisions under Section 40 of the
Environmental Protection Act.
(b) Final administrative decisions made under this Act on
or before the effective date of this Section by the Council,
the Administrator of the Fund, or an administrative law judge
of the Council are subject to review in accordance with the law
in effect at the time of the decision, except that (i) the
Director of the Agency shall conduct reviews to be performed by
the Administrator of the Fund and (ii) the review of decisions
of the Council and decisions of administrative law judges of
the Council shall be conducted in accordance with the
Administrative Review Law.
Section 15. The Drycleaner Environmental Response Trust
Fund Act is amended by adding Sections 12 and 31 and changing
Sections 45 and 85 as follows:
(415 ILCS 135/12 new)
Sec. 12. Transfer of Council functions to the Agency.
(a) On July 1, 2020, the Council is abolished, and, except
as otherwise provided in this Section, all powers, duties,
rights, and responsibilities of the Council are transferred to
the Agency. On and after that date, all of the general powers
necessary and convenient to implement and administer this Act
are, except as otherwise provided in this Section, hereby
vested in and may be exercised by the Agency, including, but
not limited to, the powers described in Section 25 of this Act.
(b) No later than June 30, 2020, the Administrator of the
Fund shall prepare on behalf of the Council and deliver to the
Agency a report that lists:
(1) the name, address, and telephone number of each
claimant who timely filed an application for remedial
action account benefits by June 30, 2005, and is eligible
for reimbursement from the Fund under Section 40 of this
Act for costs of remediation of a release of drycleaning
solvents from a drycleaning facility;
(2) the address of the drycleaning facility where the
release occurred and the names, addresses, and telephone
numbers of the owners and operators of the facility, as
well as whether the drycleaning facility was an active or
inactive drycleaning facility at the time that person
applied for remedial action benefits under Section 40 of
this Act;
(3) the deductible that applies with respect to the
release at the facility and the amount of the deductible
that has been satisfied;
(4) the total amount that has been reimbursed from the
Fund for the release at the facility;
(5) costs approved for reimbursement from the Fund on
or before June 30, 2020, but which have not been reimbursed
from the Fund, for the release at the facility;
(6) for each year during which insurance coverage was
provided under this Act, the name, address, and telephone
number of each person who obtained coverage and the names
and addresses of the drycleaning facilities for which that
person obtained coverage;
(7) the sites for which site investigations required
under subsection (d) of Section 45 have been deemed
adequate by the Council;
(8) the insurance claims under Section 45 of this Act
that are pending; and
(9) the appeals under this Act that are pending.
(c) No later than June 30, 2020, all books, records,
papers, documents, property (real and personal), contracts,
causes of action, and pending business pertaining to the
powers, duties, rights, and responsibilities transferred by
this amendatory Act, including, but not limited to, material in
electronic or magnetic format and necessary computer hardware
and software, shall be transferred to the Agency, regardless of
whether they are in the possession of the Council, an
independent contractor who serves as Administrator of the Fund,
or any other person.
(d) At the direction of the Governor or on July 1, 2020,
whichever is earlier, all unexpended appropriations and
balances and other funds available for use by the Council, as
determined by the Director of the Governor's Office of
Management and Budget, shall be transferred for use by the
Agency in accordance with this Act, regardless of whether they
are in the possession of the Council, an independent contractor
who serves as Administrator of the Fund, or any other person.
Unexpended balances so transferred shall be expended by the
Agency only for the purpose for which the appropriations were
originally made.
(e) The transfer of powers, duties, rights, and
responsibilities pursuant to this amendatory Act of the 101st
General Assembly does not affect any act done, ratified, or
canceled or any right accruing or established or any action or
proceeding had or commenced by the Council or the Administrator
of the Fund before July 1, 2020; such actions may be prosecuted
and continued by the Attorney General.
(f) Whenever reports or notices are required to be made or
given or papers or documents furnished or served by any person
to or upon the Council or the Administrator of the Fund in
connection with any of the powers, duties, rights, or
responsibilities transferred by this amendatory Act of the
101st General Assembly to the Agency, the same shall be made,
given, furnished, or served in the same manner to or upon the
Agency.
(g) All rules duly adopted by the Council before July 1,
2020 shall become rules of the Board on July 1, 2020, and
beginning on that date, the Agency is authorized to propose to
the Board for adoption, and the Board may adopt, amendments to
the transferred rules, as well as new rules, for carrying out,
administering, and enforcing the provisions of this Act.
(h) In addition to the rules described above, the Board is
hereby authorized to adopt rules establishing minimum
continuing education and compliance program requirements for
owners and operators of active drycleaning facilities. Board
rules establishing minimum continuing education requirements
shall, among other things, identify the minimum number of
continuing education credits that must be obtained and describe
the specific subjects to be covered in continuing education
programs. Board rules establishing minimum compliance program
requirements shall, among other things, identify the type of
inspections that must be conducted. The rules adopted by the
Board under this subsection (h) may also provide an exemption
from continuing education requirements for persons who have,
for at least 10 consecutive years on or after January 1, 2009,
owned or operated a drying facility licensed under this Act.
(i) For the purposes of the Successor Agency Act and
Section 9b of the State Finance Act, the Agency is the
successor to the Council beginning July 1, 2020.
(415 ILCS 135/31 new)
Sec. 31. Prohibition on renewal of contract with Fund
Administrator. On and after the effective date of this
amendatory Act of the 101st General Assembly, the Council shall
not enter into or renew any contract or agreement with a person
to act as the Administrator of the Fund for a term that extends
beyond June 30, 2020.
(415 ILCS 135/45)
Sec. 45. Insurance account.
(a) The insurance account shall offer financial assurance
for a qualified owner or operator of a drycleaning facility
under the terms and conditions provided for under this Section.
Coverage may be provided to either the owner or the operator of
a drycleaning facility. Neither the Agency nor the The Council
is not required to resolve whether the owner or operator, or
both, are responsible for a release under the terms of an
agreement between the owner and operator.
(b) The source of funds for the insurance account shall be
as follows:
(1) Moneys appropriated to the Council or moneys
allocated to the insurance account; by the Council
according to the Fund budget approved by the Council.
(2) moneys Moneys collected as an insurance premium,
including service fees, if any; and .
(3) investment Investment income attributed to the
insurance account by the Council.
(c) An owner or operator may purchase coverage of up to
$500,000 per drycleaning facility subject to the terms and
conditions under this Section and those adopted by the Council
before July 1, 2020 or by the Board on or after that date.
Coverage shall be limited to remedial action costs associated
with soil and groundwater contamination resulting from a
release of drycleaning solvent at an insured drycleaning
facility, including third-party liability for soil and
groundwater contamination. Coverage is not provided for a
release that occurred before the date of coverage.
(d) An owner or operator, subject to underwriting
requirements and terms and conditions deemed necessary and
convenient by the Council for periods before July 1, 2020 and
subject to terms and conditions deemed necessary and convenient
by the Board for periods on or after that date, may purchase
insurance coverage from the insurance account provided that the
drycleaning facility to be insured meets the following
conditions:
(1) a site investigation designed to identify soil and
groundwater contamination resulting from the release of a
drycleaning solvent has been completed for the drycleaning
facility to be insured and the site investigation has been
found adequate by the Council before July 1, 2020 or by the
Agency on or after that date . The Council shall determine
if the site investigation is adequate. This investigation
must be completed by June 30, 2006. For drycleaning
facilities that apply for insurance coverage after June 30,
2006, the site investigation must be completed prior to
issuance of insurance coverage; and
(2) the drycleaning facility is participating in and
meets all requirements of a drycleaning compliance program
requirements adopted by the Board pursuant Section 12 of
the Drycleaner Environmental Response Trust Fund Act
approved by the Council.
(3) the drycleaning facility to be insured is licensed
under Section 60 of this Act and all fees due under that
Section have been paid;
(4) the owner or operator of the drycleaning facility
to be insured provides proof to the Agency or Council that:
(A) all drycleaning solvent wastes generated at
the facility are managed in accordance with applicable
State waste management laws and rules;
(B) there is no discharge of wastewater from
drycleaning machines, or of drycleaning solvent from
drycleaning operations, to a sanitary sewer or septic
tank, to the surface, or in groundwater;
(C) the facility has 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, that is capable of containing leaks, spills,
or releases of drycleaning solvent from that machine,
item, area, or container, including: (i) 100% of the
drycleaning solvent in the largest tank or vessel; (ii)
100% of the drycleaning solvent of each item of
drycleaning equipment; and (iii) 100% of the
drycleaning solvent of the largest portable waste
container or at least 10% of the total volume of the
portable waste containers stored within the
containment dike or structure, whichever is greater;
(D) those portions of diked floor surfaces at the
facility on which a drycleaning solvent may leak,
spill, or otherwise be released are sealed or otherwise
rendered impervious;
(E) all drycleaning solvent is delivered to the
facility by means of closed, direct-coupled delivery
systems; and
(F) the drycleaning facility is in compliance with
paragraph (2) of subsection (d) of this Section; and
(5) the owner or operator of the drycleaning facility
to be insured has paid all insurance premiums for insurance
coverage provided under this Section.
Petroleum underground storage tank systems that are in
compliance with applicable USEPA and State Fire Marshal
rules, including, but not limited to, leak detection system
rules, are exempt from the secondary containment
requirement in subparagraph (C) of paragraph (3) of this
subsection (d).
(e) The annual premium for insurance coverage shall be:
(1) For the year July 1, 1999 through June 30, 2000,
$250 per drycleaning facility.
(2) For the year July 1, 2000 through June 30, 2001,
$375 per drycleaning facility.
(3) For the year July 1, 2001 through June 30, 2002,
$500 per drycleaning facility.
(4) For the year July 1, 2002 through June 30, 2003,
$625 per drycleaning facility.
(5) For subsequent years, an owner or operator applying
for coverage shall pay an annual actuarially-sound
insurance premium for coverage by the insurance account.
The Council may approve Fund coverage through the payment
of a premium established on an actuarially-sound basis,
taking into consideration the risk to the insurance account
presented by the insured. Risk factor adjustments utilized
to determine actuarially-sound insurance premiums should
reflect the range of risk presented by the variety of
drycleaning systems, monitoring systems, drycleaning
volume, risk management practices, and other factors as
determined by the Council. As used in this item,
"actuarially sound" is not limited to Fund premium revenue
equaling or exceeding Fund expenditures for the general
drycleaning facility population. Actuarially-determined
premiums shall be published at least 180 days prior to the
premiums becoming effective.
(6) For the year July 1, 2020 through June 30, 2021,
and for subsequent years through June 30, 2029, $1,500 per
drycleaning facility per year.
(7) For July 1, 2029 through January 1, 2030, $750 per
drycleaning facility.
(e-5) (Blank). If an insurer sends a second notice to an
owner or operator demanding immediate payment of a past-due
premium for insurance services provided pursuant to this Act,
the demand for payment must offer a grace period of not less
than 30 days during which the owner or operator shall be
allowed to pay any premiums due. If payment is made during that
period, coverage under this Act shall not be terminated for
non-payment by the insurer.
(e-6) (Blank). If an insurer terminates an owner or
operator's coverage under this Act, the insurer must send a
written notice to the owner or operator to inform him or her of
the termination of that coverage, and that notice must include
instructions on how to seek reinstatement of coverage, as well
as information concerning any premiums or penalties that might
be due.
(f) If coverage is purchased for any part of a year, the
purchaser shall pay the full annual premium. The insurance
premium is fully earned upon issuance of the insurance policy.
(g) Any The insurance coverage provided under this Section
shall be subject to provided with a $10,000 deductible policy.
(h) A future repeal of this Section shall not terminate the
obligations under this Section or authority necessary to
administer the obligations until the obligations are
satisfied, including but not limited to the payment of claims
filed prior to the effective date of any future repeal against
the insurance account until moneys in the account are
exhausted. Upon exhaustion of the moneys in the account, any
remaining claims shall be invalid. If moneys remain in the
account following satisfaction of the obligations under this
Section, the remaining moneys and moneys due the account shall
be deposited in the remedial action account used to assist
current insureds to obtain a viable insuring mechanism as
determined by the Council after public notice and opportunity
for comment.
(Source: P.A. 98-327, eff. 8-13-13.)
(415 ILCS 135/85)
Sec. 85. Repeal of fee and tax provisions. Sections 60 and
65 of this Act are repealed on January 1, 2030 2020.
(Source: P.A. 93-201, eff. 1-1-04.)
(415 ILCS 135/15 rep.)
(415 ILCS 135/20 rep.)
(415 ILCS 135/30 rep.)
(415 ILCS 135/75 rep.)
(415 ILCS 135/80 rep.)
Section 20. The Drycleaner Environmental Response Trust
Fund Act is amended by repealing Sections 15, 20, 30, 75, and
80.
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