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91st General Assembly
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Public Act 91-0453

HB2631 Enrolled                               LRB9104051ACtmA

    AN ACT to amend  the  Drycleaner  Environmental  Response
Trust Fund Act.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Drycleaner Environmental  Response  Trust
Fund  Act  is amended by changing Sections 5, 10, 40, 45, 60,
75, 80, and 85 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 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.
    (h)  "Drycleaning  solvent"  means  a  chlorine-based  or
hydrocarbon-based  formulation  or  product that is 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, except that the initial
"program year" means the period beginning on July 1, 1997  or
on  the  effective  date  of  this Act and ending on June 30,
1998.
    (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.
(Source: P.A. 90-502, eff. 8-19-97.)

    (415 ILCS 135/10)
    Sec. 10. Drycleaner Environmental Response Trust Fund.
    (a)  The Drycleaner Environmental Response Trust Fund  is
created  as  a    special  fund in the State Treasury. Moneys
deposited into the Fund shall be used solely for the purposes
of the Council, for the retention by the Agency of a firm  of
certified  public  accountants  to annually examine and audit
the Council's activities as described in Section 80, and  for
other  purposes  as  provided  in  this  Act.  The Fund shall
include moneys credited to the Fund under this Act  and other
moneys that by law may be credited to  the  Fund.  The  State
Treasurer  may  invest  Funds  deposited into the Fund at the
direction  of  the  Council.  Interest,   income   from   the
investments,  and  other  income  earned by the Fund shall be
credited to and deposited into the Fund.
    Pursuant to appropriation, all moneys in  the  Drycleaner
Environmental  Response  Trust Fund shall be disbursed by the
Agency  to  the   Council   for   the   purpose   of   making
disbursements,  if  any,  in accordance with this Act and for
the purpose of paying the ordinary and contingent expenses of
the Council. After June 30, 1999, pursuant to  appropriation,
all  moneys  in  the  Drycleaner Environmental Response Trust
Fund may be used by the Council for  the  purpose  of  making
disbursements,  if  any,  in accordance with this Act and for
the purpose of paying the ordinary and contingent expenses of
the Council.  As soon as may be practicable  after  June  30,
1997,   the  Comptroller  shall  order  transferred  and  the
Treasurer shall transfer from the General Revenue Fund to the
Drycleaner Environmental Response Trust Fund $375,000 for the
ordinary and contingent expenses of the Council.  As soon  as
may  be  practicable after December 31, 1997, the Comptroller
shall order transferred and the Treasurer shall transfer from
the Drycleaner  Environmental  Response  Trust  Fund  to  the
General Revenue Fund $375,000 plus interest at the rate of 6%
per annum.
    The  Fund  may  be  divided  into different accounts with
different depositories to fulfill the purposes of the Act  as
determined by the Council.
    Moneys  in  the  Fund  at  the end of a State fiscal year
shall be carried forward to the next fiscal  year  and  shall
not revert to the General Revenue Fund.
    (b)  The  specific  purposes  of the Fund include but are
not limited to the following:
         (1)  To establish an account to fund remedial action
    of  drycleaning    solvent  releases   from   drycleaning
    facilities as provided by Section 40.
         (2)  To  establish an insurance account for insuring
    environmental  risks    from  releases  from  drycleaning
    facilities within this State as provided by Section 45.
    (c)  The State, the General Revenue Fund, and  any  other
Fund  of  the  State, other than the Drycleaner Environmental
Response Trust Fund, shall not be liable for a claim or cause
of action in connection with a drycleaning facility not owned
or operated by the State or an  agency  of  the  State.   All
expenses  incurred  by  the Fund shall be payable solely from
the Fund and no liability or obligation shall be imposed upon
the State. The State is not  liable  for  a  claim  presented
against the Fund.
    (d)  The  liability  of the Fund is limited to the extent
of coverage provided by the account under which  a  claim  is
submitted,  subject  to  the  terms  and  conditions  of that
coverage.  The liability of the Fund is  further  limited  by
the moneys made available to the Fund, and no remedy shall be
ordered  that  would  require  the  Fund  to  exceed its then
current funding limitations to  satisfy  an  award  or  which
would restrict the availability of moneys for higher priority
sites.
    (e)  Nothing  in  this  Act  shall be construed to limit,
restrict, or affect the authority and powers of the Agency or
another State agency or statute unless the  State  agency  or
statute  is  specifically  referenced  and  the limitation is
clearly set forth in this Act.
(Source: P.A. 90-502, eff. 8-19-97.)

    (415 ILCS 135/40)
    Sec. 40. Remedial action account.
    (a)  The  remedial  action  account  is  established   to
provide  reimbursement  to eligible claimants for drycleaning
solvent investigation, remedial action planning, and remedial
action   activities   for   existing   drycleaning    solvent
contamination discovered at their drycleaning facilities.
    (b)  The following persons are eligible for reimbursement
from the remedial action account:
         (1)  In  the  case  of  claimant who is the owner or
    operator of an active drycleaning  facility  licensed  by
    the Council under this Act at the time of application for
    remedial  action  benefits  afforded  under the Fund, the
    claimant is only eligible for reimbursement  of  remedial
    action  costs  incurred in connection with a release from
    that  drycleaning  facility,   subject   to   any   other
    limitations under this Act.
         (2)  In  the  case of a claimant who is the owner of
    an inactive drycleaning facility and  was  the  owner  or
    operator  of  the  drycleaning  facility  when it was  an
    active  drycleaning  facility,  the  claimant   is   only
    eligible  for    reimbursement  of  remedial action costs
    incurred  in  connection  with   a   release   from   the
    drycleaning  facility,  subject  to any other limitations
    under this Act.
    (c)  An eligible claimant requesting  reimbursement  from
the remedial action  account shall meet all of the following:
         (1)  The  claimant  demonstrates  that the source of
    the release is from  the claimant's drycleaning facility.
         (2)  At the time the release was discovered  by  the
    claimant,  the claimant and the drycleaning facility were
    in compliance with the  Agency  reporting  and  technical
    operating requirements.
         (3)  The  claimant  reported the release in a timely
    manner to  the Agency in accordance with State law.
         (4)  The claimant applying for reimbursement has not
    filed for bankruptcy on or after the date of his  or  her
    discovery of the release.
         (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 or
              item of equipment  or  the  entire  drycleaning
              area   in  which  any  drycleaning  solvent  is
              utilized, which shall be capable of  containing
              any  leak,  spill,  or  release  of drycleaning
              solvent from that machine, item, or area; 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 1998, whichever is earlier.
         (7)  The release was discovered on or after July  1,
    1997 and before July 1, 2004 2002.
    (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, 2004 2002.
    (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:
              (A)  $160,000 per active  drycleaning  facility
         for  which an eligible claim is submitted during the
         initial program year beginning July 1, 1999;
              (B)  $150,000 per active  drycleaning  facility
         for  which an eligible claim is submitted during the
         program year beginning July 1, 2000 1998;
              (C)  $140,000 per active  drycleaning  facility
         for  which an eligible claim is submitted during the
         program year beginning July 1, 2001 1999;
              (D)  $130,000 per active  drycleaning  facility
         for  which an eligible claim is submitted during the
         program year beginning July 1, 2002 2000;
              (E)  $120,000 per active  drycleaning  facility
         for which an eligible  claim is submitted during the
         program year beginning July 1, 2003 2001; or
              (F)  $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, not later than 30 days after  the  work  has
    been performed.
         (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.
(Source: P.A. 90-502, eff. 8-19-97.)

    (415 ILCS 135/45)
    Sec. 45. Insurance account.
    (a)  The   insurance   account   shall   offer  financial
assurance for a qualified owner  or operator of a drycleaning
facility under the terms and conditions  provided  for  under
this Section. Coverage may be provided to either the owner or
the  operator  of  a drycleaning facility. The Council is not
required to resolve whether the owner or operator,  or  both,
are responsible for a release under the terms of an agreement
between the owner and operator.
    (b)  The  source of funds for the insurance account shall
be as follows:
         (1)  Moneys appropriated to the  Council  or  moneys
    allocated   to  the  insurance  account  by  the  Council
    according to the Fund budget approved by the Council.
         (2)  Moneys  collected  as  an  insurance   premium,
    including service fees, if any.
         (3)  Investment  income  attributed to the insurance
    account by the Council.
    (c)  An owner or operator may purchase coverage of up  to
$500,000  per  drycleaning  facility subject to the terms and
conditions under  this  Section  and  those  adopted  by  the
Council.  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, may purchase insurance coverage
from the insurance  account  provided  that  the  drycleaning
facility to be insured meets the following conditions:
         (1)  a  site investigation designed to identify soil
    and groundwater contamination resulting from the  release
    of  a drycleaning solvent has been completed. The Council
    shall determine if the site  investigation  is  adequate.
    This  investigation  must  be  completed by June 30, 2004
    2002.  For  drycleaning  facilities  that  become  active
    after  June 30, 2004 2002, the site investigation must be
    completed prior to issuance of insurance coverage; and
         (2)  the drycleaning facility  is  participating  in
    and  meets  all  requirements of a drycleaning compliance
    program approved by the Council.
    (e)  The annual premium for insurance coverage shall be:
         (1)  For the year July 1, 1999 through June 30, 2000
    initial program year, $250 per drycleaning facility.
         (2)  For the year July 1, 2000 1998 through June 30,
    2001 1999, $375 per drycleaning facility.
         (3)  For the year July 1, 2001 1999 through June 30,
    2002 2000, $500 per drycleaning facility.
         (4)  For the year July 1, 2002 2000 through June 30,
    2003 2001, $625 per drycleaning facility.
         (5)  For subsequent  years,  an  owner  or  operator
    applying    for    coverage    shall    pay   an   annual
    actuarially-sound insurance premium for coverage  by  the
    insurance account.  The Council may approve Fund coverage
    through  the  payment  of  a  premium  established  on an
    actuarially-sound basis, taking  into  consideration  the
    risk  to  the insurance account presented by the insured.
    Risk   factor   adjustments   utilized    to    determine
    actuarially-sound  insurance  premiums should reflect the
    range of risk presented by  the  variety  of  drycleaning
    systems,  monitoring  systems,  drycleaning  volume, risk
    management practices, and other factors as determined  by
    the Council. As used in this item, "actuarially sound" is
    not limited to Fund premium revenue equaling or exceeding
    Fund  expenditures  for  the general drycleaning facility
    population.  Actuarially-determined  premiums  shall   be
    published  at  least  180  days  prior  to  the  premiums
    becoming effective.
    (f)  If coverage is purchased for any part of a year, the
purchaser  shall  pay the full annual premium.  The insurance
premium is  fully  earned  upon  issuance  of  the  insurance
policy.
    (g)  The  insurance  coverage  shall  be  provided with a
$10,000 deductible policy.
    (h)  A future repeal of this Section shall not  terminate
the  obligations under this Section or authority necessary to
administer   the   obligations   until  the  obligations  are
satisfied, including but not limited to the payment of claims
filed prior to  the  effective  date  of  any  future  repeal
against the insurance account until moneys in the account are
exhausted.  Upon exhaustion of the moneys in the account, any
remaining  claims  shall  be invalid. If moneys remain in the
account following satisfaction of the obligations under  this
Section,  the  remaining  moneys  and  moneys due the account
shall be used to assist current insureds to obtain  a  viable
insuring  mechanism as determined by the Council after public
notice and opportunity for comment.
(Source: P.A. 90-502, eff. 8-19-97.)

    (415 ILCS 135/60)
    (Section scheduled to be repealed on July 1, 2007)
    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  and
proof  of  payment  of  the required fee to the Department of
Revenue.
    (c)  The annual fees for licensure are as follows:
         (1)  $500 for a facility that purchases 140  gallons
    or  less  of chlorine-based drycleaning solvents annually
    or 1400 gallons or less of hydrocarbon-based  drycleaning
    solvents annually.
         (2)  $1,000  for a facility that purchases more than
    140 gallons but less than 360 gallons  of  chlorine-based
    drycleaning  solvents  annually or more than 1400 gallons
    but  less  than   3600   gallons   of   hydrocarbon-based
    drycleaning solvents annually.
         (3)  $1,500   for  a  facility  that  purchases  360
    gallons or more of  chlorine-based  drycleaning  solvents
    annually  or  3600  gallons  or more of hydrocarbon-based
    drycleaning solvents annually.
    For  purpose  of  this  subsection,   the   quantity   of
drycleaning  solvents  purchased 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 used 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 or guaranteed  remittance
to  the  Department of Revenue.  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.  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)  An  operator  of  a  dry  cleaning  facility  who is
required to pay a license fee under this Act and fails to pay
the license fee when the fee  is  due  shall  be  assessed  a
penalty  of  $5 for each day after the license fee is due and
until the license fee is paid. The penalty shall be effective
for license fees due on or after July 1, 1999.
    (h)  The Council and the Department of Revenue may  adopt
rules  as  necessary to administer the licensing requirements
of this Act.
(Source: P.A. 90-502, eff. 8-19-97.)

    (415 ILCS 135/75)
    Sec. 75. Adjustment of fees and taxes. Beginning  January
1,  2000  1999,  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 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.  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. 90-502, eff. 8-19-97.)

    (415 ILCS 135/80)
    Sec. 80.  Audits and reports.
    (a)  The accounts, books, and other financial records  of
the  Council,  including  but  not  limited  to its receipts,
disbursements, contracts, and other matters relating  to  its
finance,  operation,  and  affairs,  shall  be  examined  and
audited  annually  by  the Auditor General in accordance with
the audit standards under the Illinois  State  Auditing  Act.
This audit shall be provided to the Agency for review.
    (b)  Upon  request  by  the  Auditor General, the Council
Agency shall retain a firm of certified public accountants to
examine and audit the Council as described in subsection  (a)
on behalf of the Auditor General.
    (c)  The  accounts, books, and other financial records of
the Council shall be maintained in accordance with the  State
Records  Act and accepted accounting practices established by
the State.
(Source: P.A. 90-502, eff. 8-19-97.)

    (415 ILCS 135/85)
    Sec. 85. Repeal of fee and tax  provisions.  Sections  60
and  65  of  this  Act are repealed on January 1, 2010 July1,
2007.
(Source: P.A. 90-502, eff. 8-19-97.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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