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| Public Act 101-0605
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| SB0718 Enrolled | LRB101 04479 CPF 49487 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. "AN ACT concerning safety", Public Act 101-400, |
approved August 16, 2019, is amended by changing Section 99 as |
follows:
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(P.A. 101-400, Sec. 99)
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Sec. 99. Effective date. This Act takes effect on December |
31, 2019, except that Sections 5, 10, and 20 take effect on |
July 1, 2020. |
(Source: P.A. 101-400, eff. 7-1-20.)
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Section 10. The Drycleaner Environmental Response Trust |
Fund Act is amended by changing Sections 12, 31, and 45, as |
follows:
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(415 ILCS 135/12) |
(This Section may contain text from a Public Act with a |
delayed effective date) |
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 Act Section, all powers, duties, |
rights, and responsibilities of the Council are transferred to |
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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 Act 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
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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; |
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(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 |
Public Act 101-400 and this amendatory Act of the 101st General |
Assembly, 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, |
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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 Public Act 101-400 and 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 Public Act 101-400 and 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. |
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(g) All rules duly adopted by the Council before July 1, |
2020 shall become rules of the Board on July 1, 2020. The , and |
beginning on that date, the Agency is authorized to propose to |
the Board for adoption, and the Board may adopt, amendments to |
those 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.
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(Source: P.A. 101-400, eff. 7-1-20.)
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(415 ILCS 135/31) |
(This Section may contain text from a Public Act with a |
delayed effective date) |
Sec. 31. Prohibition on renewal of contract with Fund |
Administrator. The 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.
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(Source: P.A. 101-400, eff. 7-1-20.)
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(415 ILCS 135/45)
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(Text of Section before amendment by P.A. 101-400)
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Sec. 45. Insurance account.
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(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. 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.
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(b) The source of funds for the insurance account shall be |
as follows:
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(1) Moneys appropriated to the Council or moneys |
allocated to the
insurance
account by the Council according |
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to the Fund budget approved by the
Council.
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(2) Moneys collected as an insurance premium, |
including service fees, if
any.
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(3) Investment income attributed to the insurance |
account by the Council.
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(c) An owner or operator may purchase
coverage of up to |
$500,000 per drycleaning facility subject to the terms and
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conditions under this Section and those adopted by the Council. |
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.
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(d) An
owner or operator, subject to underwriting |
requirements and terms
and conditions deemed necessary and |
convenient by the Council, may
purchase insurance coverage from |
the insurance account provided that
the drycleaning facility to |
be insured meets the following conditions:
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(1) a site investigation designed to identify soil and
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groundwater contamination resulting from the release
of a |
drycleaning solvent has been completed. 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
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completed prior to
issuance of insurance coverage; and
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(2) the drycleaning facility
is participating in and |
meets all requirements of a
drycleaning compliance program |
approved by the Council.
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(e) The annual premium for insurance coverage shall be:
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(1) For the year July 1, 1999 through June 30,
2000, |
$250
per drycleaning facility.
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(2) For the year July 1, 2000 through
June 30, 2001, |
$375
per drycleaning facility.
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(3) For the year July 1, 2001 through
June 30, 2002, |
$500
per drycleaning facility.
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(4) For the year July 1, 2002 through
June 30, 2003, |
$625
per drycleaning facility.
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(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
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volume, risk management practices, and other factors as
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determined by the Council. As used in this item, |
"actuarially sound" is not
limited to Fund premium revenue |
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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.
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(e-5) 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) 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.
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(g) The insurance coverage shall be provided with a
$10,000 |
deductible policy.
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(h) A future repeal of this Section shall not terminate
the
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obligations under this Section or authority necessary to |
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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
used to assist current insureds to obtain a viable insuring |
mechanism as
determined by the Council after public notice and |
opportunity for
comment.
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(Source: P.A. 98-327, eff. 8-13-13.)
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(Text of Section after amendment by P.A. 101-400)
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Sec. 45. Insurance account.
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(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
Council is |
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.
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(b) The source of funds for the insurance account shall be |
as follows:
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(1) moneys allocated to the
insurance
account;
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(2) moneys collected as an insurance premium, |
including service fees, if
any; and
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(3) investment income attributed to the insurance |
account.
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(c) An owner or operator may purchase
coverage of up to |
$500,000 per drycleaning facility subject to the terms and
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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:
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(1) a site investigation designed to identify soil and
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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; and
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(2) the drycleaning facility
is participating in and |
meets all
drycleaning compliance program requirements |
adopted by the Board pursuant Section 12 of this Act; the |
Drycleaner Environmental Response Trust Fund Act.
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(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 |
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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; |
(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:
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(1) For the year July 1, 1999 through June 30,
2000, |
$250
per drycleaning facility.
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(2) For the year July 1, 2000 through
June 30, 2001, |
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$375
per drycleaning facility.
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(3) For the year July 1, 2001 through
June 30, 2002, |
$500
per drycleaning facility.
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(4) For the year July 1, 2002 through
June 30, 2003, |
$625
per drycleaning facility.
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(5) For each subsequent program year through the |
program year ending June 30, 2019 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.
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(6) For the year July 1, 2020 through June 30, 2021, |
and for subsequent years through June 30, 2029, $1,500 per |
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drycleaning facility per year. |
(7) For July 1, 2029 through January 1, 2030, $750 per |
drycleaning facility. |
(e-5) (Blank). |
(e-6) (Blank). |
(f) If coverage is purchased for any part of a year, the |
purchaser shall pay
the full annual premium. Until July 1, |
2020, the The insurance premium is fully earned upon issuance
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of the insurance policy. Beginning July 1, 2020, coverage first |
commences for a purchaser only after payment of the full annual |
premium due for the applicable program year.
|
(g) Any insurance coverage provided under this Section |
shall be subject to a
$10,000 deductible.
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(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.
|
(Source: P.A. 101-400, eff. 7-1-20.)
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Section 15. The Drycleaner Environmental Response Trust |
Fund Act is amended by changing Sections 5, 25, 40, and 60 as |
follows:
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(415 ILCS 135/5)
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(Text of Section before amendment by P.A. 101-400)
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Sec. 5. Definitions. As used in this Act:
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(a) "Active drycleaning facility" means a drycleaning |
facility actively
engaged in drycleaning operations and |
licensed under Section 60 of this
Act.
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(b) "Agency" means the Illinois Environmental Protection |
Agency.
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(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.
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(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.
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(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:
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(1) facility located on a United States military base;
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(2) industrial laundry, commercial laundry, or linen |
supply facility;
|
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(3) 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) not-for-profit hospital or other health care |
facility; or a
|
(5) facility located or formerly located on federal or |
State property.
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(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
|
Sections 58.6 and 58.7 of the Environmental Protection Act and
|
rules adopted by the Pollution Control Board 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 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.)
|
(Text of Section after amendment by P.A. 101-400)
|
Sec. 5. Definitions. As used in this Act:
|
"Active drycleaning facility" means a drycleaning facility |
actively
engaged in drycleaning operations and licensed under |
Section 60 of this
Act.
|
"Agency" means the Illinois Environmental Protection |
Agency.
|
"Board" means the Illinois Pollution Control Board. |
"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.
|
"Council" means the Drycleaner Environmental Response |
Trust Fund
Council.
|
|
"Drycleaner Environmental Response Trust Fund" or "Fund" |
means the
fund created under Section 10 of this Act.
|
"Drycleaning facility" means a facility located in this |
State that is
or has been engaged in drycleaning operations for |
the general public, other
than:
|
(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.
|
"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.
|
"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.
|
"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.
|
"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.
|
"Inactive drycleaning facility" means a drycleaning |
facility that is not
being used for drycleaning operations and |
is not registered under this Act.
|
"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.
|
"No Further Remediation Letter" means a letter provided by |
the
Agency pursuant to Section 58.10 of Title XVII of the |
Environmental Protection
Act.
|
"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.
|
"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.
|
"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.
|
"Person" means an individual, trust, firm, joint stock |
company,
corporation, consortium, joint venture, or other |
commercial entity.
|
"Program year" means the period beginning on
July 1 and |
ending on the
following June 30.
|
"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.
|
"Remedial action" means activities taken to comply with |
Title XVII
of the Environmental Protection Act and
rules |
adopted by the Board to administer that Title.
|
"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.
|
"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, or
a subcontractor of such a person.
|
"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. 101-400, eff. 7-1-20.)
|
(415 ILCS 135/25)
|
(Text of Section before amendment by P.A. 101-400)
|
Sec. 25. Powers and duties of the Council.
|
(a) The 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:
|
|
(1) Take actions and enter into agreements necessary to
|
reimburse claimants for eligible remedial action expenses, |
assist
the Agency to protect the environment from releases, |
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) 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) 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) 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) 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) 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 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 Council may
consider 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) other factors as determined by the Council.
|
(d) The 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) The Council may purchase reinsurance coverage to reduce |
the
Fund's potential liability for reimbursement of remedial |
action costs.
|
(Source: P.A. 93-201, eff. 1-1-04.)
|
(Text of Section after amendment by P.A. 101-400)
|
Sec. 25. Powers and duties of the Agency and Board.
|
(a) The Agency shall have all of the general
powers |
reasonably necessary and convenient to carry out
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; |
(B) 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 . |
(D) pay eligible claims in accordance with |
coverage provided under Section 45 of this Act.
|
(2) Acquire and hold personal property to be used for |
the purpose of
remedial action.
|
(3) (Blank).
|
(4) (Blank).
|
(5) (Blank).
|
(6) (Blank).
|
(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).
|
(c) The Agency shall, in accordance with Board rules, |
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
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; |
(4) whether the claimant is currently licensed, |
insured, and has paid all fees and premiums due under this |
Act; and
|
(5) other factors as determined by the Board.
|
(d) The Board may 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).
|
(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. 101-400, eff. 7-1-20.)
|
(415 ILCS 135/40)
|
(Text of Section before amendment by P.A. 101-400)
|
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) (Blank).
|
(5) If the claimant is the owner or operator of an |
|
active drycleaning
facility, the claimant has provided to |
the Council proof of implementation and
maintenance of the |
following pollution prevention measures:
|
(A) That all drycleaning solvent wastes generated |
at a drycleaning
facility be managed in accordance with |
applicable State
waste management laws and rules.
|
(B) 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) That every drycleaning facility:
|
(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 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
IEPA are exempt |
from this secondary containment requirement; and
|
(II) seal or otherwise render impervious those |
portions of
diked floor surfaces on which a |
drycleaning
solvent may leak, spill, or otherwise |
be released.
|
(D) A requirement that all drycleaning solvent |
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 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 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) 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.
|
(2) 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.
|
(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) 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) 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 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 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 Council's approval of the budget |
for the remediation work
before commencing the work. No |
expense incurred that is above the budgeted
amount shall be |
paid unless the 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 Council.
|
(7) Neither the Council nor an eligible claimant is |
responsible for
payment for
costs incurred that have not |
been previously approved by the
Council, unless an |
emergency exists.
|
|
(8) 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 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.
|
(g) The source of funds for the remedial action account |
shall be moneys
allocated to the account by the 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
the
Site Remediation Program under the |
Environmental Protection Act and 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, 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 until the earlier of (i) January 1, 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. |
(Source: P.A. 96-774, eff. 1-1-10; 97-377, eff. 1-1-12.)
|
(Text of Section after amendment by P.A. 101-400)
|
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 a claimant who is the owner or |
operator of an active
drycleaning
facility licensed 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 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.
|
(5) If the claimant is the owner or operator of an |
active drycleaning
facility, the claimant must ensure |
that:
|
(A) All drycleaning solvent wastes generated at |
the drycleaning
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 or to the
surface or in groundwater.
|
(C) The drycleaning 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, which is 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 in compliance
with USEPA and State Fire Marshal |
rules, including, but not limited to, leak detection |
system rules, are exempt from this secondary |
containment requirement.
|
(D) 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 drycleaning solvent is 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 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
|
submitted to the Council on or before June 30, 2005.
|
(e) Claimants shall be subject to the following deductible |
requirements:
|
(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 |
eligible claimant 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 |
claimant 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),
reimbursement shall not exceed $300,000 |
per active drycleaning facility and
$50,000 per inactive |
drycleaning facility.
|
(2) (Blank).
|
(3) (Blank).
|
(4) The Agency 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 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 approval of all |
remediation work to be reimbursed from the Fund and a |
budget for the remediation work
before commencing the work. |
No expense incurred that is above the budgeted
amount shall |
be paid unless the Agency approves
the expense. All |
invoices and bills relating to
the remediation work shall |
be submitted with appropriate documentation, as
deemed
|
necessary by the Agency.
|
(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.
|
(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 this Act.
|
(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.
|
(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 Environmental Protection Act |
and rules adopted under that Act.
|
(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 January |
1, 2030. 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) Owners Effective January 1, 2020, owners and operators |
of inactive drycleaning facilities that are eligible for |
reimbursement from the Fund on that date shall, through |
calendar year 2029 until January 1, 2030, pay an annual $3,000 |
administrative assessment each calendar year to the Agency for |
the facility. For calendar year 2020, the annual assessment |
described in this subsection (k) is due on or before October 1, |
2020. For each subsequent calendar year, the annual assessment |
|
described in this subsection (k) is due on or before February 1 |
of the applicable calendar year. Administrative assessments |
collected by the Agency under this subsection (k) shall be |
deposited into the Fund. |
(Source: P.A. 101-400, eff. 7-1-20.)
|
(415 ILCS 135/60)
|
(Text of Section before amendment by P.A. 101-400)
|
(Section scheduled to be repealed on January 1, 2020; |
Public Act 101-400 contains language changing the repeal date |
of this Section from January 1, 2020 to January 1, 2030, but |
the repeal of this Section takes place before Public Act |
101-400 takes effect on July 1, 2020)
|
Sec. 60. Drycleaning facility license.
|
(a) On and after January 1, 1998, no person shall operate a |
drycleaning
facility in this State without a license issued by |
the Council.
|
(b) The Council shall issue an initial or renewal license |
to a drycleaning
facility on submission by an applicant of a |
completed form prescribed by the
Council, 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, |
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) On or after January 1, 2004, the annual fees for |
licensure are as
follows:
|
(1) $500 for a facility that uses (i) 50 gallons or
|
less of
chlorine-based or green drycleaning solvents |
annually, (ii) 250 or less
gallons annually of |
hydrocarbon-based drycleaning solvents in a drycleaning
|
machine equipped with a solvent reclaimer, or (iii) 500 |
gallons
or less annually of hydrocarbon-based drycleaning |
solvents in a
drycleaning machine without a solvent |
reclaimer.
|
(2) $500 for a facility that uses (i)
more than 50 |
|
gallons but not more than 100
gallons of chlorine-based or |
green drycleaning solvents annually, (ii)
more than 250 |
gallons but not more 500 gallons annually of |
hydrocarbon-based
solvents in
a drycleaning machine |
equipped with a solvent reclaimer, or (iii) more
than 500 |
gallons but not more than 1,000 gallons
annually of |
hydrocarbon-based drycleaning solvents in a drycleaning
|
machine without a solvent reclaimer.
|
(3) $500 for a facility that uses (i) more than 100 |
gallons but not more than 150 gallons of chlorine-based
or |
green drycleaning solvents annually, (ii) more than 500 |
gallons but
not more than 750 gallons annually of |
hydrocarbon-based solvents in a
drycleaning machine |
equipped with a solvent reclaimer, or (iii) more than
1,000
|
gallons but not more than 1,500 gallons annually of
|
hydrocarbon-based drycleaning solvents in a drycleaning |
machine without a
solvent reclaimer.
|
(4) $1,000 for a facility that uses (i) more than 150 |
gallons but not
more than 200 gallons of chlorine-based or |
green drycleaning solvents annually,
(ii) more than 750 |
gallons but not more than 1,000 gallons annually of
|
hydrocarbon-based solvents in a drycleaning machine |
equipped with a solvent
reclaimer, or (iii) more than
1,500 |
gallons but not more than 2,000 gallons annually of |
hydrocarbon-based
drycleaning solvents in a drycleaning |
machine without a solvent
reclaimer.
|
|
(5) $1,000 for a facility that uses (i) more than 200 |
gallons but not more
than 250 gallons of chlorine-based or |
green drycleaning solvents annually, (ii)
more than 1,000 |
gallons but not more than 1,250 gallons annually of
|
hydrocarbon-based solvents in a drycleaning machine |
equipped with a solvent
reclaimer, or (iii) more than
2,000 |
gallons but not more than 2,500 gallons annually of |
hydrocarbon-based
drycleaning solvents in a drycleaning |
machine without a solvent
reclaimer.
|
(6) $1,000 for a facility that uses (i) more than 250 |
gallons but not
more than
300 gallons of chlorine-based or |
green drycleaning solvents annually, (ii) more
than 1,250 |
gallons but not more than 1,500 gallons annually of
|
hydrocarbon-based solvents in a drycleaning machine |
equipped with a solvent
reclaimer, or (iii) more than 2,500 |
gallons but not more than 3,000 gallons
annually of |
hydrocarbon-based drycleaning solvents in a drycleaning |
machine
without
a solvent reclaimer.
|
(7) $1,000 for a facility that uses (i) more than 300 |
gallons but not more
than
350 gallons of chlorine-based or |
green drycleaning solvents annually, (ii) more
than 1,500 |
gallons but not more than 1,750 gallons annually of
|
hydrocarbon-based
solvents in a drycleaning machine |
equipped with a solvent reclaimer, or (iii)
more than 3,000 |
gallons but not more than 3,500 gallons annually of
|
hydrocarbon-based
drycleaning solvents in a drycleaning |
|
machine without a solvent
reclaimer.
|
(8) $1,500 for a facility that uses (i) more than 350 |
gallons but not more
than
400 gallons of chlorine-based or |
green drycleaning solvents annually, (ii) more
than 1,750 |
gallons but not more than 2,000 gallons annually of
|
hydrocarbon-based
solvents in a drycleaning machine |
equipped with a solvent reclaimer, or (iii)
more than 3,500 |
gallons but not more than 4,000 gallons annually of
|
hydrocarbon-based
drycleaning solvents in a drycleaning |
machine without a solvent
reclaimer.
|
(9) $1,500 for a facility that uses (i) more than 400 |
gallons but not more
than 450 gallons of chlorine-based or |
green drycleaning solvents annually, (ii)
more than 2,000 |
gallons but not more than 2,250 gallons annually of
|
hydrocarbon-based
solvents in a drycleaning machine |
equipped with a solvent reclaimer, or (iii)
more
than
4,000 |
gallons but not more than 4,500 gallons annually of |
hydrocarbon-based
drycleaning solvents in a drycleaning |
machine without a solvent
reclaimer.
|
(10) $1,500 for a facility that uses (i) more than 450 |
gallons but not
more than 500
gallons of chlorine-based or |
green drycleaning solvents annually, (ii) more
than
2,250 |
gallons but not more than 2,500 gallons annually of |
hydrocarbon-based
solvents used in a drycleaning machine |
equipped with a solvent reclaimer, or
(iii) more
than 4,500 |
gallons but not more than 5,000 gallons annually of
|
|
hydrocarbon-based
drycleaning solvents in a drycleaning |
machine without a solvent reclaimer.
|
(11) $1,500 for a facility that uses (i) more than 500 |
gallons but not
more than 550
gallons of chlorine-based or |
green drycleaning solvents annually, (ii) more
than
2,500 |
gallons but not more than 2,750 gallons annually of |
hydrocarbon-based
solvents in a drycleaning machine |
equipped with a solvent reclaimer, or (iii)
more than
5,000 |
gallons but not more than 5,500 gallons annually of |
hydrocarbon-based
drycleaning solvents in a drycleaning |
machine without a solvent
reclaimer.
|
(12) $1,500 for a facility that uses (i) more than 550 |
gallons but not
more than 600
gallons of chlorine-based or |
green drycleaning solvents annually, (ii) more
than 2,750 |
gallons but not more than 3,000 gallons annually of
|
hydrocarbon-based
solvents in a drycleaning machine |
equipped with a solvent reclaimer, or (iii)
more than
5,500 |
gallons but not more than 6,000 gallons annually of |
hydrocarbon-based
drycleaning solvents in a drycleaning |
machine without a solvent
reclaimer.
|
(13) $1,500 for a facility that uses (i) more than 600 |
gallons of
chlorine-based or green drycleaning solvents |
annually, (ii) more than 3,000
gallons but not more than |
3,250 gallons annually of hydrocarbon-based solvents
in a |
drycleaning
machine equipped with a solvent reclaimer, or |
(iii) more than 6,000 gallons of
hydrocarbon-based |
|
drycleaning solvents annually in a drycleaning machine
|
equipped without a solvent reclaimer.
|
(14) $1,500 for a facility that uses more than 3,250 |
gallons but not more
than 3,500 gallons annually of |
hydrocarbon-based solvents in a drycleaning
machine |
equipped with a solvent reclaimer.
|
(15) $1,500 for a facility that uses more than 3,500 |
gallons but not more
than 3,750 gallons annually of |
hydrocarbon-based solvents used in a drycleaning
machine |
equipped with a solvent reclaimer.
|
(16) $1,500 for a facility that uses more than 3,750 |
gallons but not more
than 4,000 gallons annually of |
hydrocarbon-based solvents in a drycleaning
machine |
equipped with a solvent reclaimer.
|
(17) $1,500 for a facility that uses more than 4,000 |
gallons annually of
hydrocarbon-based solvents in a |
drycleaning machine equipped with a solvent
reclaimer.
|
For purpose of this subsection, the quantity of drycleaning |
solvents
used annually shall be determined as follows:
|
(1) in the case of an initial applicant, the quantity |
of drycleaning
solvents that the applicant estimates will |
be used during his or her initial
license year. A fee |
assessed under this subdivision is subject to audited
|
adjustment for that year; or
|
(2) in the case of a renewal applicant, the quantity of |
drycleaning
solvents actually purchased in the preceding |
|
license year.
|
The Council may adjust licensing fees annually based on the |
published
Consumer Price Index - All Urban Consumers ("CPI-U") |
or as otherwise determined
by the Council.
|
(d) A license issued under this Section shall expire one |
year after the date
of issuance and may be renewed on |
reapplication to the Council and submission
of proof of payment |
of the appropriate fee to the Department of Revenue in
|
accordance with subsections (c) and (e). At least 30 days |
before payment of a
renewal licensing fee is due, the Council |
shall attempt to:
|
(1) notify the operator of each licensed drycleaning
|
facility concerning the requirements of this Section;
and
|
(2) submit a license fee payment form to the licensed
|
operator of each drycleaning facility.
|
(e) An operator of a drycleaning facility shall submit the |
appropriate
application form provided by the Council with the |
license fee in the form of
cash, credit card, business check, |
or guaranteed remittance to the Department of Revenue.
The |
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 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.)
|
(Text of Section after amendment by P.A. 101-400)
|
(Section scheduled to be repealed on January 1, 2020; |
Public Act 101-400 contains language changing the repeal date |
of this Section from January 1, 2020 to January 1, 2030, but |
the repeal of this Section takes place before Public Act |
101-400 takes effect on July 1, 2020))
|
Sec. 60. Drycleaning facility license.
|
(a) 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, 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
|
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 |
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; |
(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 this the Drycleaner Environmental |
Response Trust Fund Act.
|
(c) The annual fees for licensure are as
follows:
|
|
(1) $1,500 for a facility that uses (i) 50 gallons or
|
less of
chlorine-based or green drycleaning solvents |
annually, (ii) 250 or less
gallons annually of |
hydrocarbon-based drycleaning solvents in a drycleaning
|
machine equipped with a solvent reclaimer, or (iii) 500 |
gallons
or less annually of hydrocarbon-based drycleaning |
solvents in a
drycleaning machine without a solvent |
reclaimer.
|
(2) $2,250 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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.
|
(d) A license issued under this Section shall expire one |
year after the date
of issuance and may be renewed on |
reapplication to the Agency Council and submission
of proof of |
payment of the appropriate fee to the Department of Revenue in
|
accordance with subsections (c) and (e).
|
(e) An operator of a drycleaning facility shall submit the |
appropriate
application form provided by the Agency 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 Agency Council by |
the operator of a drycleaning
facility.
|
(g) (Blank).
|
(h) The Board and the Department of Revenue may adopt rules |
as necessary
to administer the licensing
requirements of this |
Act.
|
(Source: P.A. 101-400, eff. 7-1-20.)
|
