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91_HB2631
LRB9104051ACtmA
1 AN ACT to amend the Drycleaner Environmental Response
2 Trust Fund Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Drycleaner Environmental Response Trust
6 Fund Act is amended by changing Sections 5, 10, 40, 45, 60,
7 75, 80, and 85 as follows:
8 (415 ILCS 135/5)
9 Sec. 5. Definitions. As used in this Act:
10 (a) "Active drycleaning facility" means a drycleaning
11 facility actively engaged in drycleaning operations and
12 licensed under Section 60 of this Act.
13 (b) "Agency" means the Illinois Environmental Protection
14 Agency.
15 (c) "Claimant" means an owner or operator of a
16 drycleaning facility who has applied for reimbursement from
17 the remedial account or who has submitted a claim under the
18 insurance account with respect to a release.
19 (d) "Council" means the Drycleaner Environmental
20 Response Trust Fund Council.
21 (e) "Drycleaner Environmental Response Trust Fund" or
22 "Fund" means the fund created under Section 10 of this Act.
23 (f) "Drycleaning facility" means a facility located in
24 this State that is or has been engaged in drycleaning
25 operations for the general public, other than a:
26 (1) facility located on a United States military
27 base;
28 (2) industrial laundry, commercial laundry, or
29 linen supply facility;
30 (3) prison or other penal institution that engages
31 in drycleaning only as part of a Correctional Industries
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1 program to provide drycleaning to persons who are
2 incarcerated in a prison or penal institution or to
3 resident patients of a State-operated mental health
4 facility;
5 (4) not-for-profit hospital or other health care
6 facility; or a
7 (5) facility located or formerly located on federal
8 or State property.
9 (g) "Drycleaning operations" means drycleaning of
10 apparel and household fabrics for the general public, as
11 described in Standard Industrial Classification Industry No.
12 7215 and No. 7216 in the Standard Industrial Classification
13 Manual (SIC) by the Technical Committee on Industrial
14 Classification.
15 (h) "Drycleaning solvent" means a chlorine-based or
16 hydrocarbon-based formulation or product that is used as a
17 primary cleaning agent in drycleaning operations.
18 (i) "Emergency" or "emergency action" means a situation
19 or an immediate response to a situation to protect public
20 health or safety. "Emergency" or "emergency action" does not
21 mean removal of contaminated soils, recovery of free
22 product, or financial hardship. An "emergency" or "emergency
23 action" would normally be expected to be directly related to
24 a sudden event or discovery and would last until the threat
25 to public health is mitigated.
26 (j) "Groundwater" means underground water that occurs
27 within the saturated zone and geologic materials where the
28 fluid pressure in the pore space is equal to or greater than
29 the atmospheric pressure.
30 (k) "Inactive drycleaning facility" means a drycleaning
31 facility that is not being used for drycleaning operations
32 and is not registered under this Act.
33 (l) "Maintaining a place of business in this State" or
34 any like term means (1) having or maintaining within this
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1 State, directly or through a subsidiary, an office,
2 distribution facility, distribution house, sales house,
3 warehouse, or other place of business or (2) operating within
4 this State as an agent or representative for a person or a
5 person's subsidiary engaged in the business of selling to
6 persons within this State, irrespective of whether the place
7 of business or agent or other representative is located in
8 this State permanently or temporary, or whether the person or
9 the person's subsidiary engages in the business of selling in
10 this State.
11 (m) "No Further Remediation Letter" means a letter
12 provided by the Agency pursuant to Section 58.10 of Title
13 XVII of the Environmental Protection Act.
14 (n) "Operator" means a person or entity holding a
15 business license to operate a licensed drycleaning facility
16 or the business operation of which the drycleaning facility
17 is a part.
18 (o) "Owner" means (1) a person who owns or has
19 possession or control of a drycleaning facility at the time a
20 release is discovered, regardless of whether the facility
21 remains in operation or (2) a parent corporation of the
22 person under item (1) of this subdivision.
23 (p) "Parent corporation" means a business entity or
24 other business arrangement that has elements of common
25 ownership or control or that uses a long-term contractual
26 arrangement with a person to avoid direct responsibility for
27 conditions at a drycleaning facility.
28 (q) "Person" means an individual, trust, firm, joint
29 stock company, corporation, consortium, joint venture, or
30 other commercial entity.
31 (r) "Program year" means the period beginning on January
32 1 and ending on December 31 July 1 and ending on the
33 following June 30, except that the 1999-2000 initial "program
34 year" means the period beginning on July 1, 1999 1997 or on
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1 the effective date of this Act and ending on December 31,
2 1999 June 30, 1998.
3 (s) "Release" means any spilling, leaking, emitting,
4 discharging, escaping, leaching, or dispersing of drycleaning
5 solvents from a drycleaning facility to groundwater, surface
6 water, or subsurface soils.
7 (t) "Remedial action" means activities taken to comply
8 with Sections 58.6 and 58.7 of the Environmental Protection
9 Act and rules adopted by the Pollution Control Board under
10 those Sections.
11 (u) "Responsible party" means an owner, operator, or
12 other person financially responsible for costs of remediation
13 of a release of drycleaning solvents from a drycleaning
14 facility.
15 (v) "Service provider" means a consultant, testing
16 laboratory, monitoring well installer, soil boring
17 contractor, other contractor, lender, or any other person who
18 provides a product or service for which a claim for
19 reimbursement has been or will be filed against the remedial
20 account or insurance account, or a subcontractor of such a
21 person.
22 (Source: P.A. 90-502, eff. 8-19-97.)
23 (415 ILCS 135/10)
24 Sec. 10. Drycleaner Environmental Response Trust Fund.
25 (a) The Drycleaner Environmental Response Trust Fund is
26 created as a special fund in the State Treasury. Moneys
27 deposited into the Fund shall be used solely for the purposes
28 of the Council, for the retention by the Agency of a firm of
29 certified public accountants to annually examine and audit
30 the Council's activities as described in Section 80, and for
31 other purposes as provided in this Act. The Fund shall
32 include moneys credited to the Fund under this Act and other
33 moneys that by law may be credited to the Fund. The State
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1 Treasurer may invest Funds deposited into the Fund at the
2 direction of the Council. Interest, income from the
3 investments, and other income earned by the Fund shall be
4 credited to and deposited into the Fund.
5 Pursuant to appropriation, all moneys in the Drycleaner
6 Environmental Response Trust Fund shall be disbursed by the
7 Agency to the Council for the purpose of making
8 disbursements, if any, in accordance with this Act and for
9 the purpose of paying the ordinary and contingent expenses of
10 the Council. After June 30, 1999, pursuant to appropriation,
11 all moneys in the Drycleaner Environmental Response Trust
12 Fund may be used by the Council for the purpose of making
13 disbursements, if any, in accordance with this Act and for
14 the purpose of paying the ordinary and contingent expenses of
15 the Council. As soon as may be practicable after June 30,
16 1997, the Comptroller shall order transferred and the
17 Treasurer shall transfer from the General Revenue Fund to the
18 Drycleaner Environmental Response Trust Fund $375,000 for the
19 ordinary and contingent expenses of the Council. As soon as
20 may be practicable after December 31, 1997, the Comptroller
21 shall order transferred and the Treasurer shall transfer from
22 the Drycleaner Environmental Response Trust Fund to the
23 General Revenue Fund $375,000 plus interest at the rate of 6%
24 per annum.
25 The Fund may be divided into different accounts with
26 different depositories to fulfill the purposes of the Act as
27 determined by the Council.
28 Moneys in the Fund at the end of a State fiscal year
29 shall be carried forward to the next fiscal year and shall
30 not revert to the General Revenue Fund.
31 (b) The specific purposes of the Fund include but are
32 not limited to the following:
33 (1) To establish an account to fund remedial action
34 of drycleaning solvent releases from drycleaning
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1 facilities as provided by Section 40.
2 (2) To establish an insurance account for insuring
3 environmental risks from releases from drycleaning
4 facilities within this State as provided by Section 45.
5 (c) The State, the General Revenue Fund, and any other
6 Fund of the State, other than the Drycleaner Environmental
7 Response Trust Fund, shall not be liable for a claim or cause
8 of action in connection with a drycleaning facility not owned
9 or operated by the State or an agency of the State. All
10 expenses incurred by the Fund shall be payable solely from
11 the Fund and no liability or obligation shall be imposed upon
12 the State. The State is not liable for a claim presented
13 against the Fund.
14 (d) The liability of the Fund is limited to the extent
15 of coverage provided by the account under which a claim is
16 submitted, subject to the terms and conditions of that
17 coverage. The liability of the Fund is further limited by
18 the moneys made available to the Fund, and no remedy shall be
19 ordered that would require the Fund to exceed its then
20 current funding limitations to satisfy an award or which
21 would restrict the availability of moneys for higher priority
22 sites.
23 (e) Nothing in this Act shall be construed to limit,
24 restrict, or affect the authority and powers of the Agency or
25 another State agency or statute unless the State agency or
26 statute is specifically referenced and the limitation is
27 clearly set forth in this Act.
28 (Source: P.A. 90-502, eff. 8-19-97.)
29 (415 ILCS 135/40)
30 Sec. 40. Remedial action account.
31 (a) The remedial action account is established to
32 provide reimbursement to eligible claimants for drycleaning
33 solvent investigation, remedial action planning, and remedial
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1 action activities for existing drycleaning solvent
2 contamination discovered at their drycleaning facilities.
3 (b) The following persons are eligible for reimbursement
4 from the remedial action account:
5 (1) In the case of claimant who is the owner or
6 operator of an active drycleaning facility licensed by
7 the Council under this Act at the time of application for
8 remedial action benefits afforded under the Fund, the
9 claimant is only eligible for reimbursement of remedial
10 action costs incurred in connection with a release from
11 that drycleaning facility, subject to any other
12 limitations under this Act.
13 (2) In the case of a claimant who is the owner of
14 an inactive drycleaning facility and was the owner or
15 operator of the drycleaning facility when it was an
16 active drycleaning facility, the claimant is only
17 eligible for reimbursement of remedial action costs
18 incurred in connection with a release from the
19 drycleaning facility, subject to any other limitations
20 under this Act.
21 (c) An eligible claimant requesting reimbursement from
22 the remedial action account shall meet all of the following:
23 (1) The claimant demonstrates that the source of
24 the release is from the claimant's drycleaning facility.
25 (2) At the time the release was discovered by the
26 claimant, the claimant and the drycleaning facility were
27 in compliance with the Agency reporting and technical
28 operating requirements.
29 (3) The claimant reported the release in a timely
30 manner to the Agency in accordance with State law.
31 (4) The claimant applying for reimbursement has not
32 filed for bankruptcy on or after the date of his or her
33 discovery of the release.
34 (5) If the claimant is the owner or operator of an
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1 active drycleaning facility, the claimant has provided to
2 the Council proof of implementation and maintenance of
3 the following pollution prevention measures:
4 (A) That all drycleaning solvent wastes
5 generated at a drycleaning facility be managed in
6 accordance with applicable State waste management
7 laws and rules.
8 (B) A prohibition on the discharge of
9 wastewater from drycleaning machines or of
10 drycleaning solvent from drycleaning operations to a
11 sanitary sewer or septic tank or to the surface or
12 in groundwater.
13 (C) That every drycleaning facility:
14 (I) install a containment dike or other
15 containment structure around each machine or
16 item of equipment or the entire drycleaning
17 area in which any drycleaning solvent is
18 utilized, which shall be capable of containing
19 any leak, spill, or release of drycleaning
20 solvent from that machine, item, or area; and
21 (II) seal or otherwise render impervious
22 those portions of diked floor surfaces on which
23 a drycleaning solvent may leak, spill, or
24 otherwise be released.
25 (D) A requirement that all drycleaning solvent
26 shall be delivered to drycleaning facilities by
27 means of closed, direct-coupled delivery systems.
28 (6) An active drycleaning facility has maintained
29 continuous financial assurance for environmental
30 liability coverage in the amount of at least $500,000 at
31 least since the date of award of benefits under this
32 Section or January 1, 2001 July 1, 1998, whichever is
33 earlier.
34 (7) The release was discovered on or after July 1,
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1 1997 and before January 1, 2005 July 1, 2002.
2 (d) A claimant shall submit a completed application form
3 provided by the Council. The application shall contain
4 documentation of activities, plans, and expenditures
5 associated with the eligible costs incurred in response to a
6 release of drycleaning solvent from a drycleaning facility.
7 Application for remedial action account benefits must be
8 submitted to the Council on or before December 31, 2004 June
9 30, 2002.
10 (e) Claimants shall be subject to the following
11 deductible requirements, unless modified pursuant to the
12 Council's authority under Section 75:
13 (1) An eligible claimant submitting a claim for an
14 active drycleaning facility is responsible for the first
15 $5,000 of eligible investigation costs and for the first
16 $10,000 of eligible remedial action costs incurred in
17 connection with the release from the drycleaning facility
18 and is only eligible for reimbursement for costs that
19 exceed those amounts, subject to any other limitations of
20 this Act.
21 (2) An eligible claimant submitting a claim for an
22 inactive drycleaning facility is responsible for the
23 first $10,000 of eligible investigation costs and for the
24 first $10,000 of eligible remedial action costs incurred
25 in connection with the release from that drycleaning
26 facility, and is only eligible for reimbursement for
27 costs that exceed those amounts, subject to any other
28 limitations of this Act.
29 (f) Claimants are subject to the following limitations
30 on reimbursement:
31 (1) Subsequent to meeting the deductible
32 requirements of subsection (e), and pursuant to the
33 requirements of Section 75, reimbursement shall not
34 exceed:
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1 (A) $160,000 per active drycleaning facility
2 for which an eligible claim is submitted during the
3 initial program year beginning January 1, 2000;
4 (B) $150,000 per active drycleaning facility
5 for which an eligible claim is submitted during the
6 program year beginning January 1, 2001 July 1, 1998;
7 (C) $140,000 per active drycleaning facility
8 for which an eligible claim is submitted during the
9 program year beginning January 1, 2002 July 1, 1999;
10 (D) $130,000 per active drycleaning facility
11 for which an eligible claim is submitted during the
12 program year beginning January 1, 2003 July 1, 2000;
13 (E) $120,000 per active drycleaning facility
14 for which an eligible claim is submitted during the
15 program year beginning January 1, 2004 July 1, 2001;
16 or
17 (F) $50,000 per inactive drycleaning facility.
18 (2) A contract in which one of the parties to the
19 contract is a claimant, for goods or services that may be
20 payable or reimbursable from the Council, is void and
21 unenforceable unless and until the Council has found that
22 the contract terms are within the range of usual and
23 customary rates for similar or equivalent goods or
24 services within this State and has found that the goods
25 or services are necessary for the claimant to comply with
26 Council standards or other applicable regulatory
27 standards.
28 (3) A claimant may appoint the Council as an agent
29 for the purposes of negotiating contracts with suppliers
30 of goods or services reimbursable by the Fund. The
31 Council may select another contractor for goods or
32 services other than the one offered by the claimant if
33 the scope of the proposed work or actual work of the
34 claimant's offered contractor does not reflect the
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1 quality of workmanship required or if the costs are
2 determined to be excessive, as determined by the Council.
3 (4) The Council may require a claimant to obtain
4 and submit 3 bids and may require specific terms and
5 conditions in a contract subject to approval.
6 (5) The Council may enter into a contract or an
7 exclusive contract with the supplier of goods or services
8 required by a claimant or class of claimants, in
9 connection with an expense reimbursable from the Fund,
10 for a specified good or service at a gross maximum price
11 or fixed rate, and may limit reimbursement accordingly.
12 (6) Unless emergency conditions exist, a service
13 provider shall obtain the Council's approval of the
14 budget for the remediation work before commencing the
15 work. No expense incurred that is above the budgeted
16 amount shall be paid unless the Council approves the
17 expense prior to its being incurred. All invoices and
18 bills relating to the remediation work shall be submitted
19 with appropriate documentation, as deemed necessary by
20 the Council, not later than 30 days after the work has
21 been performed.
22 (7) Neither the Council nor an eligible claimant is
23 responsible for payment for costs incurred that have not
24 been previously approved by the Council, unless an
25 emergency exists.
26 (8) The Council may determine the usual and
27 customary costs of each item for which reimbursement may
28 be awarded under this Section. The Council may revise the
29 usual and customary costs from time to time as necessary,
30 but costs submitted for reimbursement shall be subject to
31 the rates in effect at the time the costs were incurred.
32 (9) If a claimant has pollution liability insurance
33 coverage other than coverage provided by the insurance
34 account under this Act, that coverage shall be primary.
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1 Reimbursement from the remedial account shall be limited
2 to the deductible amounts under the primary coverage and
3 the amount that exceeds the policy limits of the primary
4 coverage, subject to the deductible amounts of this Act.
5 If there is a dispute between the claimant and the
6 primary insurance provider, reimbursement from the
7 remedial action account may be made to the claimant after
8 the claimant assigns all of his or her interests in the
9 insurance coverage to the Council.
10 (g) The source of funds for the remedial action account
11 shall be moneys allocated to the account by the Council
12 according to the Fund budget approved by the Council.
13 (h) A drycleaning facility will be classified as active
14 or inactive for purposes of determining benefits under this
15 Section based on the status of the facility on the date a
16 claim is filed.
17 (i) Eligible claimants shall conduct remedial action in
18 accordance with the Site Remediation Program under the
19 Environmental Protection Act and Part 740 of Title 35 of the
20 Illinois Administrative Code and the Tiered Approach to
21 Cleanup Objectives under Part 742 of Title 35 of the Illinois
22 Administrative Code.
23 (Source: P.A. 90-502, eff. 8-19-97.)
24 (415 ILCS 135/45)
25 Sec. 45. Insurance account.
26 (a) The insurance account shall offer financial
27 assurance for a qualified owner or operator of a drycleaning
28 facility under the terms and conditions provided for under
29 this Section. Coverage may be provided to either the owner or
30 the operator of a drycleaning facility. The Council is not
31 required to resolve whether the owner or operator, or both,
32 are responsible for a release under the terms of an agreement
33 between the owner and operator.
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1 (b) The source of funds for the insurance account shall
2 be as follows:
3 (1) Moneys appropriated to the Council or moneys
4 allocated to the insurance account by the Council
5 according to the Fund budget approved by the Council.
6 (2) Moneys collected as an insurance premium,
7 including service fees, if any.
8 (3) Investment income attributed to the insurance
9 account by the Council.
10 (c) An owner or operator may purchase coverage of up to
11 $500,000 per drycleaning facility subject to the terms and
12 conditions under this Section and those adopted by the
13 Council. Coverage shall be limited to remedial action costs
14 associated with soil and groundwater contamination resulting
15 from a release of drycleaning solvent at an insured
16 drycleaning facility, including third-party liability for
17 soil and groundwater contamination. Coverage is not provided
18 for a release that occurred before the date of coverage.
19 (d) An owner or operator, subject to underwriting
20 requirements and terms and conditions deemed necessary and
21 convenient by the Council, may purchase insurance coverage
22 from the insurance account provided that the drycleaning
23 facility to be insured meets the following conditions:
24 (1) a site investigation designed to identify soil
25 and groundwater contamination resulting from the release
26 of a drycleaning solvent has been completed. The Council
27 shall determine if the site investigation is adequate.
28 This investigation must be completed by December 31, 2004
29 June 30, 2002. For drycleaning facilities that become
30 active after December 31, 2004 June 30, 2002, the site
31 investigation must be completed prior to issuance of
32 insurance coverage; and
33 (2) the drycleaning facility is participating in
34 and meets all requirements of a drycleaning compliance
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1 program approved by the Council.
2 (e) The annual premium for insurance coverage shall be:
3 (1) For the year January 1, 2000 through December
4 31, 2000 initial program year, $250 per drycleaning
5 facility.
6 (2) For the year January 1, 2001 July 1, 1998
7 through December 31, 2001 June 30, 1999, $375 per
8 drycleaning facility.
9 (3) For the year January 1, 2002 July 1, 1999
10 through December 31, 2002 June 30, 2000, $500 per
11 drycleaning facility.
12 (4) For the year January 1, 2003 July 1, 2000
13 through December 31, 2003 June 30, 2001, $625 per
14 drycleaning facility.
15 (5) For subsequent years, an owner or operator
16 applying for coverage shall pay an annual
17 actuarially-sound insurance premium for coverage by the
18 insurance account. The Council may approve Fund coverage
19 through the payment of a premium established on an
20 actuarially-sound basis, taking into consideration the
21 risk to the insurance account presented by the insured.
22 Risk factor adjustments utilized to determine
23 actuarially-sound insurance premiums should reflect the
24 range of risk presented by the variety of drycleaning
25 systems, monitoring systems, drycleaning volume, risk
26 management practices, and other factors as determined by
27 the Council. As used in this item, "actuarially sound" is
28 not limited to Fund premium revenue equaling or exceeding
29 Fund expenditures for the general drycleaning facility
30 population. Actuarially-determined premiums shall be
31 published at least 180 days prior to the premiums
32 becoming effective.
33 (f) If coverage is purchased for any part of a year, the
34 purchaser shall pay the full annual premium. The insurance
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1 premium is fully earned upon issuance of the insurance
2 policy.
3 (g) The insurance coverage shall be provided with a
4 $10,000 deductible policy.
5 (h) A future repeal of this Section shall not terminate
6 the obligations under this Section or authority necessary to
7 administer the obligations until the obligations are
8 satisfied, including but not limited to the payment of claims
9 filed prior to the effective date of any future repeal
10 against the insurance account until moneys in the account are
11 exhausted. Upon exhaustion of the moneys in the account, any
12 remaining claims shall be invalid. If moneys remain in the
13 account following satisfaction of the obligations under this
14 Section, the remaining moneys and moneys due the account
15 shall be used to assist current insureds to obtain a viable
16 insuring mechanism as determined by the Council after public
17 notice and opportunity for comment.
18 (Source: P.A. 90-502, eff. 8-19-97.)
19 (415 ILCS 135/60)
20 (Section scheduled to be repealed on July 1, 2007)
21 Sec. 60. Drycleaning facility license.
22 (a) On and after January 1, 1998, no person shall
23 operate a drycleaning facility in this State without a
24 license issued by the Council.
25 (b) The Council shall issue an initial or renewal
26 license to a drycleaning facility on submission by an
27 applicant of a completed form prescribed by the Council and
28 proof of payment of the required fee to the Department of
29 Revenue.
30 (c) The annual fees for licensure are as follows:
31 (1) $500 for a facility that purchases 140 gallons
32 or less of chlorine-based drycleaning solvents annually
33 or 1400 gallons or less of hydrocarbon-based drycleaning
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1 solvents annually.
2 (2) $1,000 for a facility that purchases more than
3 140 gallons but less than 360 gallons of chlorine-based
4 drycleaning solvents annually or more than 1400 gallons
5 but less than 3600 gallons of hydrocarbon-based
6 drycleaning solvents annually.
7 (3) $1,500 for a facility that purchases 360
8 gallons or more of chlorine-based drycleaning solvents
9 annually or 3600 gallons or more of hydrocarbon-based
10 drycleaning solvents annually.
11 For purpose of this subsection, the quantity of
12 drycleaning solvents purchased annually shall be determined
13 as follows:
14 (1) in the case of an initial applicant, the
15 quantity of drycleaning solvents that the applicant
16 estimates will be used during his or her initial license
17 year. A fee assessed under this subdivision is subject
18 to audited adjustment for that year; or
19 (2) in the case of a renewal applicant, the
20 quantity of drycleaning solvents actually used in the
21 preceding license year.
22 The Council may adjust licensing fees annually based on
23 the published Consumer Price Index - All Urban Consumers
24 ("CPI-U") or as otherwise determined by the Council.
25 (d) A license issued under this Section shall expire one
26 year after the date of issuance and may be renewed on
27 reapplication to the Council and submission of proof of
28 payment of the appropriate fee to the Department of Revenue
29 in accordance with subsections (c) and (e). At least 30 days
30 before payment of a renewal licensing fee is due, the Council
31 shall attempt to:
32 (1) notify the operator of each licensed
33 drycleaning facility concerning the requirements of this
34 Section; and
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1 (2) submit a license fee payment form to the
2 licensed operator of each drycleaning facility.
3 (e) An operator of a drycleaning facility shall submit
4 the appropriate application form provided by the Council with
5 the license fee in the form of cash or guaranteed remittance
6 to the Department of Revenue. The license fee payment form
7 and the actual license fee payment shall be administered by
8 the Department of Revenue under rules adopted by that
9 Department.
10 (f) The Department of Revenue shall issue a proof of
11 payment receipt to each operator of a drycleaning facility
12 who has paid the appropriate fee in cash or by guaranteed
13 remittance. However, the Department of Revenue shall not
14 issue a proof of payment receipt to a drycleaning facility
15 that is liable to the Department of Revenue for a tax imposed
16 under this Act. The original receipt shall be presented to
17 the Council by the operator of a drycleaning facility.
18 (g) An operator of a dry cleaning facility who is
19 required to pay a license fee under this Act and fails to pay
20 the license fee when the fee is due shall be assessed a
21 penalty of $5 for each day after the license fee is due and
22 until the license fee is paid. The penalty shall be effective
23 for license fees due on or after January 1, 2000.
24 (h) The Council and the Department of Revenue may adopt
25 rules as necessary to administer the licensing requirements
26 of this Act.
27 (Source: P.A. 90-502, eff. 8-19-97.)
28 (415 ILCS 135/75)
29 Sec. 75. Adjustment of fees and taxes. Beginning January
30 1, 2000 1999, and annually after that date, the Council
31 shall adjust the copayment obligation of subsection (e) of
32 Section 40, the drycleaning solvent taxes of Section 65, the
33 license fees of Section 60, or any combination of adjustment
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1 of each, after notice and opportunity for public comment, in
2 a manner determined necessary and appropriate to ensure
3 viability of the Fund. Viability of the Fund shall consider
4 the settlement of all current claims subject to
5 prioritization of benefits under subsection (c) of Section
6 25, consistent with the purposes of this Act.
7 (Source: P.A. 90-502, eff. 8-19-97.)
8 (415 ILCS 135/80)
9 Sec. 80. Audits and reports.
10 (a) The accounts, books, and other financial records of
11 the Council, including but not limited to its receipts,
12 disbursements, contracts, and other matters relating to its
13 finance, operation, and affairs, shall be examined and
14 audited annually by the Auditor General in accordance with
15 the audit standards under the Illinois State Auditing Act.
16 This audit shall be provided to the Agency for review.
17 (b) Upon request by the Auditor General, the Council
18 Agency shall retain a firm of certified public accountants to
19 examine and audit the Council as described in subsection (a)
20 on behalf of the Auditor General.
21 (c) The accounts, books, and other financial records of
22 the Council shall be maintained in accordance with the State
23 Records Act and accepted accounting practices established by
24 the State.
25 (Source: P.A. 90-502, eff. 8-19-97.)
26 (415 ILCS 135/85)
27 Sec. 85. Repeal of fee and tax provisions. Sections 60
28 and 65 of this Act are repealed on January 1, 2010 July1,
29 2007.
30 (Source: P.A. 90-502, eff. 8-19-97.)
31 Section 99. Effective date. This Act takes effect upon
-19- LRB9104051ACtmA
1 becoming law.