Bill Text: IL SB0849 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Cigarette Fire Safety Standard Act. Makes a technical change in a Section concerning the short title.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2015-01-13 - Session Sine Die [SB0849 Detail]

Download: Illinois-2013-SB0849-Amended.html

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Sen. James F. Clayborne, Jr.

Filed: 4/15/2013

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AMENDMENT TO SENATE BILL 849
AMENDMENT NO. ______. Amend Senate Bill 849 by replacing
everything after the enacting clause with the following:
"Section 5. The Drycleaner Environmental Response Trust
Fund Act is amended by changing Sections 5, 20, 30, 60, 65, 67,
68, 69, 70, and 75 and by adding Section 61 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.
(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

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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) facility located on a United States military base;
(2) industrial laundry, commercial laundry, or linen
supply facility;
(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.
(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.

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(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

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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.

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(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.)
(415 ILCS 135/20)
Sec. 20. Council and Agency rules.
(a) The Council may adopt rules in accordance with the

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emergency rulemaking provisions of Section 5-45 of the Illinois
Administrative Procedure Act for one year after the effective
date of this Act. Thereafter, the Council shall conduct general
rulemaking as provided under the Illinois Administrative
Procedure Act.
(b) The Council shall adopt rules regarding its practice
and procedures for investigating and settling claims made
against the Fund, determining reimbursement guidelines,
coordinating with the Agency, and otherwise implementing and
administering the Fund under this Act.
(c) The Council shall adopt rules regarding its practice
and procedures to develop underwriting standards, establish
insurance account coverage and risk factors, settle claims made
against the insurance account of the Fund, determine
appropriate deductibles or retentions in coverages or benefits
offered under the insurance account of the Fund, determine
reimbursement guidelines, and otherwise implement and
administer the insurance account under this Act.
(d) The Council shall adopt rules necessary for the
implementation and collection of insurance account premiums
prior to offering insurance to an owner or operator of a
drycleaning facility or other person.
(e) The Council shall adopt rules prescribing requirements
for the retention of records by an owner or operator and the
periods for which he or she must retain those records.
(f) The Council shall adopt rules describing the manner in

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which all disbursed moneys received from the Agency shall be
deposited with a bank or savings and loan association to be
approved by the Council. For purposes of this subsection, the
Council shall be considered a public agency and, therefore, no
bank or savings and loan association shall receive public funds
from the Council, and the Council shall not make any
investments, unless in accordance with the Public Funds
Investment Act.
(f-5) The Council shall review and revise its rules to
bring them into compliance with this amendatory Act of the 98th
General Assembly.
(f-10) The Agency may adopt rules as necessary or
convenient to administer the Fund and perform its duties under
this Act.
(g) All final Council decisions regarding the Fund or any
reimbursement from the Fund and any decision concerning the
classification of drycleaning solvents pursuant to subsection
(a) of Section 65 of this Act and any notice of the assessment
of civil penalties under Section 69 of this Act shall be
subject to appeal to the Administrator of the Council, by the
affected parties, within 60 days after the final decision. The
Council shall determine by rule persons who have standing to
appeal final Council decisions. Any written decision by the
Administrator may be appealed to the Council within 60 days
after the Administrator's final decision. Any decision by the
Council may be appealed to the Council's administrative law

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judge within 60 days after the Council's final decision. Notice
of any hearing provided for by this Act shall be given not less
than 7 days before the day fixed for the hearing. An appeal of
the administrative law judge's decision will be subject to
judicial review in accordance with the Administrative Review
Law.
Any decision not timely appealed shall become a final
administrative decision without the necessity of a final
administrative decision being issued and shall be deemed to be
a final administrative decision.
The Council shall adopt rules relating to appeal
procedures.
The Council may designate an attorney, employed by the
Council or privately employed, to act as an administrative law
judge to preside at any administrative hearing resulting from
the appeal of a Council decision. The Council and the
Department of Revenue are authorized to enter into an agreement
whereby an administrative law judge employed by the Department
may be assigned to preside at the administrative hearings.
Proof of the Council's administrative decision may be made
at any administrative or legal proceeding by a reproduced copy
of the Council's record relating to the decision under the
certificate of the Council. A reproduced copy shall, without
further proof, be admitted into evidence and shall be prima
facie proof of the decision.
The provisions of the Administrative Review Law, and any

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rules adopted under the Administrative Review law by the
Council, shall govern all proceedings for the judicial review
of final administrative decisions of the Council. The term
"administrative decision" has the same meaning as it does in
Section 3-101 of the Code of Civil Procedure.
Venue for an administrative review action challenging the
results of an administrative hearing upholding an
administrative decision issued by the Council shall be proper
in the Circuit Court of the county where the plaintiff has its
principal place of business, or Sangamon County if the
plaintiff's principal place of business is located outside
Illinois.
(Source: P.A. 96-774, eff. 1-1-10.)
(415 ILCS 135/30)
Sec. 30. Independent contractors retained by Council.
(a) A contract entered into to retain a person to act as
the administrator of the Fund shall be subject to public bid,
provided that no such contract shall be entered into without
the review and approval of the Director of the Agency. Subject
to the provisions of subsection (c), the The Council may enter
into a contract or an agreement authorized under this Act with
a person, the Agency, the Department of Revenue, other
departments, agencies, or governmental subdivisions of this
State, another state, or the United States, in connection with
its administration and implementation of this Act.

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(b) The Council may reimburse a public or private
contractor retained pursuant to this Section for expenses
incurred in the execution of a contract or agreement.
Reimbursable expenses include the costs of performing duties or
powers specifically delegated by the Council.
(c) Beginning July 1, 2014, the Illinois Environmental
Protection Agency shall be responsible for the administration
of the Fund and shall administer and enforce the licensing
requirements of this Act. Any contract retaining any other
person or entity to act as the administrator of the Fund or to
administer or enforce the licensing requirements of this Act
shall not extend beyond June 30, 2014 and shall be terminated
on or before that date.
(Source: P.A. 93-201, eff. 1-1-04.)
(415 ILCS 135/60)
(Section scheduled to be repealed on January 1, 2020)
Sec. 60. Drycleaning facility license.
(a) Beginning July 1, 2014, the licensing provisions of
this Section are superseded by Section 61.
On and after January 1, 1998 and until July 1, 2014, 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

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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 and except as provided in
subsection (c-5), 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

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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

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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

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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

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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.

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(13) $1,500 for a facility that uses (i) more than 600
gallons of chlorine-based or green drycleaning solvents
annually, (ii) more than 3,000 gallons but not more than
3,250 gallons annually of hydrocarbon-based solvents in a
drycleaning machine equipped with a solvent reclaimer, or
(iii) more than 6,000 gallons of hydrocarbon-based
drycleaning solvents annually in a drycleaning machine
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

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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.
(c-5) Notwithstanding the other provisions of this
Section, licenses issued by the Council for the year 2014 shall
expire on July 1, 2014, and the fee for those licenses shall be
prorated to reflect the shortened licensing period. Subsequent
renewal of those licenses shall be in accordance with Section
61 of this Act.
(d) Except as provided in subsection (c-5), a 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

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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.

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7-13-12; 97-1057, eff. 1-1-13.)
(415 ILCS 135/61 new)
Sec. 61. Drycleaning facility license.
(a) Beginning July 1, 2014, the Illinois Environmental
Protection Agency shall administer and enforce the licensing
provisions of this Act.
(b) Beginning July 1, 2014, no person shall operate a
drycleaning facility in this State that uses perchloroethylene
or other chlorine-based drycleaning solvents without a license
issued by the Agency. Beginning july 1, 2014, drycleaning
facilities that do not use perchloroethylene or other
chlorine-based drycleaning solvents are no longer subject to
licensure under this Act.
(c) The Agency shall issue an initial or renewal license to
a drycleaning facility on submission by an applicant of a
completed form prescribed by the Agency, proof of payment of
the required fee to the Agency, 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.
License renewal application forms must include a
certification by the applicant of the quantity of
chlorine-based drycleaning solvents purchased during the
previous calendar year for use in drycleaning operations. This

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certification shall be made in the form and manner prescribed
by the Agency. The Agency may impose reporting or documentation
requirements on licensees for the purpose of verifying such
purchases and may investigate any circumstances necessary to
verify this certification.
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.
License renewal applications must also include copies of
all manifests for hazardous waste transported from the
drycleaning facility during the previous calendar year or since
the last submission of copies of manifests, whichever is
longer. If the Agency does not receive a copy of a manifest for
a drycleaning facility using perchloroethylene or other
chlorine-based drycleaning solvents within a 3-year period, or
within a shorter period as determined by the Agency, the Agency
shall make appropriate inquiry into the management of hazardous
waste at the facility and may share the results of the inquiry
with the Council.
(d) Beginning July 1, 2014, the annual fee for licensure
shall be equal to the sum of the following:
(1) an amount equal to (i) $500 for a facility that

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uses 300 gallons or less of chlorine-based drycleaning
solvents annually, (ii) $1,000 for a facility that uses
more than 300 gallons but not more than 600 gallons of
chlorine-based drycleaning solvents annually, or (iii)
$2,000 for a facility that uses more than 600 gallons of
chlorine-based drycleaning solvents annually; plus
(2) an amount equal to $3.50 per gallon of
chlorine-based drycleaning solvents purchased during the
previous calendar year for use in drycleaning operations.
The Council shall determine by rule which products are
chlorine-based solvents, which products are petroleum-based
solvents, and which products are green solvents. A drycleaning
solvent shall be presumed to be a chlorine-based drycleaning
solvent unless the Council has determined that the solvent is
either a petroleum-based drycleaning solvent or a green
solvent.
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.
(e) A license issued under this Section shall expire on
July 1 of the year following the year of issuance and may be
renewed on reapplication to the Agency and payment of the
appropriate fee to the Agency. At least 30 days before payment
of a renewal licensing fee is due, the Agency shall attempt to:
(1) notify the operator of each licensed drycleaning
facility concerning the requirements of this Section; and

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(2) provide the necessary application forms to the
operator of each licensed drycleaning facility.
(415 ILCS 135/65)
(Section scheduled to be repealed on January 1, 2020)
Sec. 65. Drycleaning solvent tax.
(a) On and after January 1, 1998 and until July 1, 2014, 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 $3.50 per gallon of perchloroethylene
or other chlorinated drycleaning solvents used in drycleaning
operations, $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 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 Council determines that the
solvents are petroleum-based drycleaning solvents or green
solvents.
On July 1, 2014, the tax imposed by this Section is
abolished.
(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

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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.

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(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 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 otherwise 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

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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) On and after January 1, 1998 and until July 1, 2014, no
person shall knowingly sell or transfer drycleaning solvent to
an operator of a drycleaning facility that is not licensed by
the Council under Section 60.
(i) The Department of Revenue may adopt rules as necessary
to implement this Section.
(Source: P.A. 96-774, eff. 1-1-10.)
(415 ILCS 135/67)
Sec. 67. Certification of registration. On and after
January 1, 1998 and until July 1, 2014, no person shall engage
in the business of selling drycleaning solvents in this State
without a certificate of registration issued by the Department
of Revenue. Until July 1, 2014, a A person, officer or director
of a corporation, partner or member of a partnership, or
manager or member of a limited liability company who engages in
the business of selling drycleaning solvents in this State
without a certificate of registration issued by the Department

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of Revenue is guilty of a Class A misdemeanor. Until July 1,
2014, a A person, manager or member of a limited liability
company, officer or director of a corporation, or partner or
member of a partnership who engages in the business of selling
drycleaning solvents in this State after the certificate of
registration has been revoked is guilty of a Class A
misdemeanor. Each day that the person, officer or director of
the corporation, manager or member of the limited liability
company, or partner or member of the partnership is engaged in
business without a certificate of registration, or after the
certification of registration has been revoked, constitutes a
separate offense.
A purchaser who obtains a registration number or resale
number from the Department of Revenue through
misrepresentation, who represents to a seller that the
purchaser has a registration number or a resale number from the
Department of Revenue when he or she knows that he or she does
not have the number, or who knowingly uses his or her
registration number or resale number to make a seller believe
that he or she is buying drycleaning solvents for resale when
the purchaser in fact knows that is not the purpose of the
purchase, is guilty of a Class 4 felony.
(Source: P.A. 90-502, eff. 8-19-97.)
(415 ILCS 135/69)
Sec. 69. Civil penalties.

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(a) Except as provided in this Section, any person who
violates any provision of this Act or any rule or regulation
adopted by the Council or the Agency under this Act, or any
license or registration or term or condition thereof, or that
violates any order of the Council under this Act, shall be
liable for a civil penalty as provided in this Section. The
penalties may, upon order of the Council or a court of
competent jurisdiction, be made payable to the Drycleaner
Environmental Response Trust Fund, to be used in accordance
with the provisions of the Drycleaner Environmental Response
Trust Fund Act.
(b) Notwithstanding the provisions of subsection (a) of
this Section:
(1) Any person who violates subsection (a) of Section
60 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 or 61 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

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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. Beginning July 1, 2014, civil penalties for
failure to obtain a license required under Section 61, to
pay a license fee required under that Section, or to comply
with any rule of the Agency adopted under this Act may be
imposed by the Agency rather than the Council, and in such
cases references in this Section to the Council shall be
deemed to mean the Agency.
(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.
(c) The Council shall issue an administrative assessment
setting forth any penalties it imposes under subsection (b) of
this Section and shall serve notice of the assessment upon the
party assessed. The Council's determination shall be deemed
correct and shall serve as evidence of the correctness of the
Council's determination that a penalty is due. Proof of a
determination by the Council may be made at any administrative

09800SB0849sam001 - 29 - LRB098 05082 EFG 44615 a
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.

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(d) The penalties provided for in this Section may be
recovered in a civil action instituted by the Attorney General
in the name of the people of the State of Illinois.
(e) The Attorney General may also, at the request of the
Council or on his or her own motion, institute a civil action
for an injunction, prohibitory or mandatory, to restrain
violations of this Act, any rule or regulation adopted under
this Act, any license or registration or term or condition of a
license or registration, or any Council order, or to require
other actions as may be necessary to address violations
thereof.
(f) Without limiting any other authority which may exist
for the awarding of attorney's fees and costs, the Council, or
a court of competent jurisdiction, may award costs and
reasonable attorney's fees, including the reasonable costs of
expert witnesses and consultants, to the Attorney General in a
case where the Attorney General has prevailed against a person
who has committed a willful, knowing, or repeated violation of
this Act, any rule or regulation adopted under this Act, any
license or registration or term or condition of a license or
registration, or any Council order. Any funds collected under
this subsection (f) in which the Attorney General has prevailed
shall be deposited in the Drycleaner Environmental Response
Trust Fund created in Section 10 of this Act.
(g) All final orders imposing civil penalties under this
Section shall prescribe the time for payment of the penalties.

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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 135/70)
Sec. 70. Deposit of fees and taxes.
(a) All license fees and taxes collected by the Department
of Revenue under this Act shall be deposited into the Fund,
less 4% of the moneys collected which shall be deposited by the
State Treasurer into the Tax Compliance and Administration Fund
and shall be used, subject to appropriation, by the Department
of Revenue to cover the costs of the Department in collecting
the license fees and taxes under this Act, and less an amount
sufficient to provide refunds under this Act.
(b) All license fees collected by the Agency under this Act
shall be deposited into the Fund, less 4% of the moneys
collected which shall be deposited by the State Treasurer into
the Environmental Protection Permit and Inspection Fund and
shall be used, subject to appropriation, by the Agency to cover
the costs of the Agency in collecting the license fees and
administering licensure under this Act.

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(Source: P.A. 90-502, eff. 8-19-97.)
(415 ILCS 135/75)
Sec. 75. Adjustment of fees and taxes. Beginning January 1,
2000, and annually after that date, the Council shall adjust
the copayment obligation of subsection (e) of Section 40, the
drycleaning solvent taxes of Section 65, the license fees of
Section 60 or 61, or any combination of adjustment of each,
after notice and opportunity for public comment, in a manner
determined necessary and appropriate to ensure viability of the
Fund and to encourage the owner or operator of a drycleaning
facility to use green solvents. Viability of the Fund shall
consider the settlement of all current claims subject to
prioritization of benefits under subsection (c) of Section 25,
consistent with the purposes of this Act.
(Source: P.A. 93-201, eff. 1-1-04.)
Section 99. Effective date. This Act takes effect upon
becoming law.".