Full Text of SB1648 100th General Assembly
SB1648ham001 100TH GENERAL ASSEMBLY | Rep. Mike Fortner Filed: 5/28/2017
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| 1 | | AMENDMENT TO SENATE BILL 1648
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1648 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | adding Section 4.2 as follows: | 6 | | (415 ILCS 5/4.2 new) | 7 | | Sec. 4.2. Transfer of Drycleaner Environmental Response | 8 | | Trust Fund Council functions to the Agency. | 9 | | (a) On July 1, 2018, all powers, duties, rights, and | 10 | | responsibilities of the Drycleaner Environmental Response | 11 | | Trust Fund Council under the Drycleaner Environmental Response | 12 | | Trust Fund Act are transferred to the Agency. On and after July | 13 | | 1, 2018, all of the general powers reasonably necessary and | 14 | | convenient to implement and administer the Drycleaner | 15 | | Environmental Response Trust Fund Act are vested in and may be | 16 | | exercised by the Agency, including, but not limited to, the |
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| 1 | | powers described in Section 25 of the Drycleaner Environmental | 2 | | Response Trust Fund Act. | 3 | | (b) For the purposes of the Successor Agency Act and | 4 | | Section 9b of the State Finance Act, the Agency is the | 5 | | successor to the Council. | 6 | | (c) All books, records, papers, documents, property (real | 7 | | and personal), contracts, causes of action, and pending | 8 | | business pertaining to the powers, duties, rights, and | 9 | | responsibilities transferred by this amendatory Act of the | 10 | | 100th General Assembly, including, but not limited to, material | 11 | | in electronic or magnetic format and necessary computer | 12 | | hardware and software, shall be transferred to the Agency, | 13 | | regardless of whether they are in the possession of the | 14 | | Council, an independent contractor who serves as Administrator | 15 | | of the Fund, or any other person. | 16 | | (d) All unexpended appropriations and balances and other | 17 | | funds available for use by the Council shall, pursuant to the | 18 | | direction of the Governor, be transferred for use by the Agency | 19 | | in accordance with this amendatory Act of the 100th General | 20 | | Assembly, regardless of whether they are in the possession of | 21 | | the Council, an independent contractor who serves as | 22 | | Administrator of the Fund, or any other person. Unexpended | 23 | | balances so transferred shall be expended by the Agency only | 24 | | for the purpose for which the appropriations were originally | 25 | | made. | 26 | | (e) Whenever reports or notices are required to be made or |
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| 1 | | given or papers or documents furnished or served by any person | 2 | | to or upon the Council or the Administrator of the Fund in | 3 | | connection with any of the powers, duties, rights, or | 4 | | responsibilities transferred by this amendatory Act of the | 5 | | 100th General Assembly to the Agency, the same shall be made, | 6 | | given, furnished, or served in the same manner to or upon the | 7 | | Agency. | 8 | | (f) The transfer of powers, duties, rights, and | 9 | | responsibilities pursuant to this amendatory Act of the 100th | 10 | | General Assembly does not affect any act done, ratified, or | 11 | | canceled or any right occurring or established or any action or | 12 | | proceeding had or commenced in an administrative, civil, or | 13 | | criminal cause by the Council or the Administrator of the Fund | 14 | | before July 1, 2018; such actions or proceedings may be | 15 | | prosecuted and continued by the Agency. | 16 | | (g) On July 1, 2018, all rules duly adopted by the Council | 17 | | prior to that date shall become rules of the Agency, and the | 18 | | Agency may thereafter amend the transferred rules as it deems | 19 | | necessary to administer this Act. This amendatory Act of the | 20 | | 100th General Assembly does not affect the legality of any rule | 21 | | in the Illinois Administrative Code. | 22 | | Section 10. The Drycleaner Environmental Response Trust | 23 | | Fund Act is amended by changing Sections 5, 10, 15, 25, 40, 50, | 24 | | 60, 65, 69, 75, 80, and 85 and by adding Sections 69.5 and 86 as | 25 | | follows:
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| 1 | | (415 ILCS 135/5)
| 2 | | Sec. 5. Definitions. As used in this Act:
| 3 | | (a) "Active drycleaning facility" means a drycleaning | 4 | | facility actively
engaged in drycleaning operations and | 5 | | licensed under Section 60 of this
Act.
| 6 | | (b) "Agency" means the Illinois Environmental Protection | 7 | | Agency.
| 8 | | (c) "Claimant" means an owner or operator of a drycleaning | 9 | | facility who has
applied for reimbursement from the remedial | 10 | | account or who has
submitted a claim under the insurance | 11 | | account with respect to a release.
| 12 | | (d) "Council" means the Drycleaner Environmental Response | 13 | | Trust Fund
Council.
| 14 | | (e) "Drycleaner Environmental Response Trust Fund" or | 15 | | "Fund" means the
fund created under Section 10 of this Act.
| 16 | | (f) "Drycleaning facility" means a facility located in this | 17 | | State that is
or has been engaged in drycleaning operations for | 18 | | the general public, other
than a :
| 19 | | (1) a facility located on a United States military | 20 | | base;
| 21 | | (2) an industrial laundry, commercial laundry, or | 22 | | linen supply facility;
| 23 | | (3) a prison
or other penal institution that engages in | 24 | | drycleaning only as part of
a Correctional Industries | 25 | | program to provide drycleaning to persons who are
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| 1 | | incarcerated in a prison or penal institution or to | 2 | | resident patients of a
State-operated
mental health | 3 | | facility;
| 4 | | (4) a not-for-profit hospital or other health care | 5 | | facility; or a
| 6 | | (5) a facility located or formerly located on federal | 7 | | or State property.
| 8 | | (g) "Drycleaning operations" means drycleaning of apparel | 9 | | and household
fabrics for the general public, as described in | 10 | | Standard Industrial
Classification Industry No. 7215 and No. | 11 | | 7216 in the Standard Industrial
Classification Manual (SIC) by | 12 | | the Technical Committee on Industrial
Classification.
| 13 | | (h) "Drycleaning solvent" means any and all nonaqueous | 14 | | solvents, including
but not limited to a chlorine-based or | 15 | | petroleum-based formulation or
product, including green | 16 | | solvents, that are used as a primary
cleaning agent in | 17 | | drycleaning operations.
| 18 | | (i) "Emergency" or "emergency action" means a situation or | 19 | | an
immediate response to a situation to protect public health | 20 | | or safety.
"Emergency" or
"emergency action" does not mean | 21 | | removal of
contaminated soils, recovery of free product, or | 22 | | financial hardship. An
"emergency" or "emergency action" would | 23 | | normally be
expected to be directly related to a sudden event | 24 | | or discovery and would
last until the immediate threat to | 25 | | public health is mitigated.
| 26 | | (j) "Groundwater" means underground water that occurs |
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| 1 | | within the saturated
zone and geologic materials where the | 2 | | fluid pressure in the pore space is equal
to or greater than | 3 | | the atmospheric pressure.
| 4 | | (k) "Inactive drycleaning facility" means a drycleaning | 5 | | facility that is not
being used for drycleaning operations and | 6 | | is not registered under this Act.
| 7 | | (l) "Maintaining a place of business in this State" or any | 8 | | like term means
(1) having or maintaining within this State, | 9 | | directly or through a subsidiary,
an
office, distribution | 10 | | facility, distribution house, sales house, warehouse, or
other | 11 | | place of business or (2) operating within this State as an | 12 | | agent or
representative for a person or a person's subsidiary | 13 | | engaged in the business
of selling to persons within this | 14 | | State, irrespective of whether the place of
business or agent | 15 | | or other representative is located in this State permanently
or | 16 | | temporary, or whether the person or the person's subsidiary | 17 | | engages in the
business of selling in this State.
| 18 | | (m) "No Further Remediation Letter" means a letter provided | 19 | | by the
Agency pursuant to Section 58.10 of Title XVII of the | 20 | | Environmental Protection
Act.
| 21 | | (n) "Operator" means a person or entity holding a business | 22 | | license to
operate a licensed drycleaning facility or the | 23 | | business operation of
which the drycleaning facility is a part.
| 24 | | (o) "Owner" means (1)
a person who owns or has possession | 25 | | or control of a drycleaning facility at
the time a release is | 26 | | discovered,
regardless of whether
the facility remains in |
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| 1 | | operation or (2)
a parent corporation of the person under item | 2 | | (1) of this subdivision.
| 3 | | (p) "Parent corporation" means a business entity or other | 4 | | business
arrangement that has elements of common ownership or | 5 | | control or that
uses a long-term contractual arrangement with a | 6 | | person to avoid direct
responsibility for conditions at a | 7 | | drycleaning facility.
| 8 | | (q) "Person" means an individual, trust, firm, joint stock | 9 | | company,
corporation, consortium, joint venture, or other | 10 | | commercial entity.
| 11 | | (r) "Program year" means the period beginning on
July 1 and | 12 | | ending on the
following June 30.
| 13 | | (s) "Release" means any spilling, leaking, emitting, | 14 | | discharging, escaping,
leaching, or dispersing of drycleaning | 15 | | solvents from a drycleaning facility
to groundwater, surface | 16 | | water, or subsurface soils.
| 17 | | (t) "Remedial action" means activities taken to comply with | 18 | | Title XVII
Sections 58.6 and 58.7 of the Environmental | 19 | | Protection Act and
rules adopted by the Pollution Control Board | 20 | | to administer that Title under those Sections .
| 21 | | (u) "Responsible party" means an owner, operator, or other | 22 | | person
financially responsible for costs of remediation of a | 23 | | release of drycleaning
solvents
from a drycleaning facility.
| 24 | | (v) "Service provider" means a consultant, testing | 25 | | laboratory, monitoring
well installer, soil boring contractor, | 26 | | other contractor, lender, or any other
person who provides a |
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| 1 | | product or service for which a claim for reimbursement
has been | 2 | | or will be filed against the remedial account or insurance | 3 | | account, or
a subcontractor of such a person.
| 4 | | (w) "Virgin facility" means a drycleaning facility that has | 5 | | never had
chlorine-based or petroleum-based drycleaning | 6 | | solvents
stored or used at the property prior to it becoming a
| 7 | | green solvent drycleaning facility.
| 8 | | (Source: P.A. 93-201, eff. 1-1-04.)
| 9 | | (415 ILCS 135/10)
| 10 | | Sec. 10. Drycleaner Environmental Response Trust Fund.
| 11 | | (a) The Drycleaner Environmental Response Trust Fund is | 12 | | created as a
special fund in the State Treasury.
Moneys | 13 | | deposited into the Fund shall be used solely
for the purposes | 14 | | of
the Council and for other purposes
as provided in
this Act.
| 15 | | The Fund shall include moneys credited to the Fund under this | 16 | | Act
and other moneys that by law may be credited to the Fund.
| 17 | | The State Treasurer may invest Funds deposited into
the Fund at | 18 | | the direction of the Council. Interest, income from the
| 19 | | investments, and other income earned by the Fund shall be | 20 | | credited to and
deposited into the Fund.
| 21 | | Pursuant to appropriation, all moneys in the Drycleaner | 22 | | Environmental
Response Trust Fund shall be disbursed by the | 23 | | Agency to the Council
for the purpose of making disbursements,
| 24 | | if any, in accordance with this Act and for the purpose of | 25 | | paying
the ordinary and
contingent
expenses of the Council. |
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| 1 | | After June 30, 1999, pursuant to appropriation, all
moneys in | 2 | | the Drycleaner Environmental Response Trust Fund may be used by | 3 | | the
Council for the purpose of making disbursements, if any, in | 4 | | accordance with
this Act and for the purpose of paying the | 5 | | ordinary and contingent expenses of
the Council.
| 6 | | The Fund may be divided into different accounts with | 7 | | different
depositories to fulfill the purposes of the Act as | 8 | | determined by the Council.
| 9 | | Moneys in the Fund at the end of a State fiscal year
shall | 10 | | be carried forward to the next fiscal year and shall not revert | 11 | | to
the General Revenue Fund.
| 12 | | (b) The specific purposes of the Fund include but are not | 13 | | limited to
the following:
| 14 | | (1) To establish an account to fund remedial action of | 15 | | drycleaning
solvent releases from drycleaning facilities | 16 | | as provided by
Section 40.
| 17 | | (2) To establish an insurance account for insuring , | 18 | | through June 30, 2018, environmental risks
from releases | 19 | | from drycleaning facilities within this State as
provided | 20 | | by Section 45.
| 21 | | (c) The State, the General Revenue Fund, and any other Fund | 22 | | of
the
State, other than the Drycleaner Environmental Response | 23 | | Trust Fund, shall not
be
liable for a claim or cause of action | 24 | | in connection with a drycleaning facility
not owned or operated | 25 | | by the State or an agency of the State. All expenses
incurred | 26 | | by the Fund shall be payable solely from the Fund and
no |
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| 1 | | liability or obligation shall be imposed upon the State. The | 2 | | State is not
liable for a claim presented against the Fund.
| 3 | | (d) The liability of the Fund is limited to the extent of | 4 | | coverage provided
by the account under which a claim is | 5 | | submitted, subject to the terms and
conditions of that | 6 | | coverage. The liability of the Fund is further limited by
the | 7 | | moneys made available to the Fund, and no remedy shall be | 8 | | ordered
that would require the Fund to exceed its then current | 9 | | funding limitations
to satisfy an award or which would restrict | 10 | | the availability of moneys for
higher priority sites.
| 11 | | (e) Nothing in this Act shall be construed to limit, | 12 | | restrict, or affect the
authority and powers of the Agency or | 13 | | another State agency or statute unless
the
State agency or | 14 | | statute is specifically referenced and the limitation is
| 15 | | clearly set forth in this Act.
| 16 | | (Source: P.A. 90-502, eff. 8-19-97; 91-453, eff. 8-6-99.)
| 17 | | (415 ILCS 135/15)
| 18 | | Sec. 15. Creation of Council.
| 19 | | (a) The Drycleaner Environmental Response Trust Fund | 20 | | Council is
established and , until July 1, 2018, shall consist | 21 | | of the following voting members to be appointed
by the
| 22 | | Governor:
| 23 | | (1) Four members who own or operate a drycleaning | 24 | | facility.
These members shall serve
3 year
terms, except | 25 | | that of the initial members appointed, one shall be
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| 1 | | appointed for a term of one year, one for a term of 2 | 2 | | years, and
one for a term of 3 years.
| 3 | | (2) One member who represents wholesale distributors | 4 | | of
drycleaning solvents. This member shall serve for
a term | 5 | | of 3 years.
| 6 | | (3) One member who represents the drycleaning | 7 | | equipment
manufacturers and vendor community. This member
| 8 | | shall serve for a term of 3
years.
| 9 | | (4) One member with experience in
financial markets or | 10 | | the insurance industry. This member
shall serve for a term | 11 | | of 3
years.
| 12 | | Each member shall have experience, knowledge, and
| 13 | | expertise relating to the subject matter of this Act.
| 14 | | On July 1, 2018, the terms of all members of the Council | 15 | | then serving are ended, and thereafter no members shall be | 16 | | appointed to serve under this subsection (a). | 17 | | (a-5) On and after July 1, 2018, the Drycleaner | 18 | | Environmental Response Trust Fund Council shall consist of the | 19 | | Agency. | 20 | | (b) (Blank). The Governor may remove any member of the | 21 | | Council for incompetency,
neglect of duty, or malfeasance in | 22 | | office after service on him or her of a
copy of the written | 23 | | charges against him or her and after an opportunity to be
| 24 | | publicly heard in person or by counsel in his or her own | 25 | | defense no earlier
than
10 days after the Governor has provided | 26 | | notice of the opportunity to the
Council member. Evidence of |
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| 1 | | incompetency, neglect of duty, or malfeasance
in office may be | 2 | | provided to the Governor by the Agency or the Auditor General
| 3 | | following the annual audit described in Section 80.
| 4 | | (c) (Blank). Members of the Council are entitled to receive | 5 | | reimbursement of actual
expenses incurred in the discharge of | 6 | | their duties within the limit of funds
appropriated to the | 7 | | Council or made available to the Fund. The Governor
shall | 8 | | appoint a chairperson of the Council from among the members
of | 9 | | the Council.
| 10 | | (d) The Attorney General's office or its designee shall | 11 | | provide legal
counsel to
the Council.
| 12 | | (Source: P.A. 93-201, eff. 1-1-04.)
| 13 | | (415 ILCS 135/25)
| 14 | | Sec. 25. Powers and duties of the Council.
| 15 | | (a) The Council shall have all of the general
powers | 16 | | reasonably necessary and convenient to carry out this Act its | 17 | | purposes
and may perform the following functions, subject to | 18 | | any express
limitations contained
in
this Act:
| 19 | | (1) Take actions and enter into agreements necessary to
| 20 | | reimburse claimants for eligible remedial action expenses, | 21 | | assist
the Agency to protect the environment from releases, | 22 | | reduce costs
associated with remedial actions, and wind | 23 | | down the establish and implement an
insurance program.
| 24 | | (2) Acquire and hold personal property to be used for | 25 | | the purpose of
remedial action.
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| 1 | | (3) Purchase, construct, improve, furnish, equip, | 2 | | lease, option, sell,
exchange, or otherwise dispose of one | 3 | | or more improvements
under the terms it determines.
The | 4 | | Council may define "improvements" by rule for purposes of | 5 | | this Act.
| 6 | | (4) Grant a lien, pledge, assignment, or other | 7 | | encumbrance on one or
more revenues, assets of right, | 8 | | accounts, or funds established or
received in connection | 9 | | with the Fund, including revenues derived
from fees or | 10 | | taxes collected under this Act.
| 11 | | (5) Contract for the acquisition or construction of one | 12 | | or more
improvements or parts of one or more improvements | 13 | | or for the
leasing, subleasing, sale, or other disposition | 14 | | of one or more
improvements in a manner the Council | 15 | | determines.
| 16 | | (6) Implement and administer Cooperate with the Agency | 17 | | in the implementation and administration of
this Act to | 18 | | minimize unnecessary duplication of effort,
reporting, or | 19 | | paperwork and to maximize environmental protection
within | 20 | | the funding limits of this Act.
| 21 | | (7) Except as otherwise provided by law, inspect any | 22 | | document in the
possession of an owner, operator,
service | 23 | | provider, or any other person if the document is relevant | 24 | | to
a claim for reimbursement under this Section or may | 25 | | inspect a
drycleaning facility for which a claim for | 26 | | benefits under this Act
has been submitted.
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| 1 | | (b) (Blank). The Council shall pre-approve, and the | 2 | | contracting parties shall seek
pre-approval for, a contract | 3 | | entered into under
this Act if the cost of the contract exceeds | 4 | | $75,000.
The
Council or its designee shall review and approve | 5 | | or disapprove
all contracts entered into under this Act. | 6 | | However, review by the Council or
its
designee shall not be | 7 | | required when an emergency situation exists.
All contracts | 8 | | entered into by the Council shall be awarded on a
competitive | 9 | | basis to the maximum extent practical. In those
situations | 10 | | where it is determined that bidding is not practical, the
basis | 11 | | for the determination of impracticability shall be documented
| 12 | | by the Council or its designee.
| 13 | | (c) The Council may prioritize the expenditure of funds | 14 | | from the
remedial action account whenever it determines that | 15 | | there are not
sufficient funds to settle all current claims. In | 16 | | prioritizing, the Council may
consider the
following:
| 17 | | (1) the degree to which human health is affected by the | 18 | | exposure
posed by the release;
| 19 | | (2) the reduction of risk to human health derived from
| 20 | | remedial action compared to the cost of the remedial | 21 | | action;
| 22 | | (3) the present and planned uses of the impacted | 23 | | property; and
| 24 | | (4) other factors as determined by the Council.
| 25 | | (d) The Council shall adopt any rules it deems necessary to | 26 | | administer this Act, including, but not limited to, rules |
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| 1 | | allowing the direct payment from
the Fund to a contractor who | 2 | | performs remediation. The rules concerning the
direct payment | 3 | | shall include a provision that any applicable deductible must | 4 | | be
paid by the drycleaning facility prior to any direct payment | 5 | | from the Fund.
| 6 | | (e) The Council may purchase reinsurance coverage to reduce | 7 | | the
Fund's potential liability for reimbursement of remedial | 8 | | action costs.
| 9 | | (f) The Council may, in accordance with constitutional | 10 | | limitations, enter at all reasonable times upon any private or | 11 | | public property for the purpose of inspecting and investigating | 12 | | to ascertain possible violations of this Act, any rule adopted | 13 | | under this Act, or any Council or court order entered under | 14 | | this Act. | 15 | | (g) The Director of the Agency shall exercise any | 16 | | contractual right of the State to terminate for convenience a | 17 | | contract with a person to act as Administrator of the Fund. If | 18 | | such a contract is terminated, then the Agency shall reimburse | 19 | | the person acting as Administrator of the Fund for expenses the | 20 | | Administrator incurred pursuant to the contract prior to the | 21 | | effective date of the termination. | 22 | | (Source: P.A. 93-201, eff. 1-1-04.)
| 23 | | (415 ILCS 135/40)
| 24 | | Sec. 40. Remedial action account.
| 25 | | (a) The remedial action account is established to provide |
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| 1 | | reimbursement to
eligible
claimants for
drycleaning solvent | 2 | | investigation, remedial action planning, and
remedial action | 3 | | activities for existing drycleaning solvent contamination
| 4 | | discovered at their drycleaning facilities.
| 5 | | (b) The following persons are eligible for reimbursement | 6 | | from the remedial
action account:
| 7 | | (1) In the case of claimant who is the owner or | 8 | | operator of an active
drycleaning
facility licensed by the | 9 | | Council under this Act at the time of application for
| 10 | | remedial action benefits afforded under
the Fund, the
| 11 | | claimant is only eligible for reimbursement of remedial
| 12 | | action costs incurred in connection with a release
from | 13 | | that drycleaning facility,
subject to any other | 14 | | limitations under this Act.
| 15 | | (2) In the case of a claimant who is the owner of an | 16 | | inactive drycleaning
facility and
was the owner or operator | 17 | | of the drycleaning facility when it was
an active | 18 | | drycleaning facility, the claimant is only eligible for
| 19 | | reimbursement of remedial action costs incurred in
| 20 | | connection with a release from the drycleaning facility,
| 21 | | subject to any other limitations under
this Act.
| 22 | | (c) An eligible claimant requesting reimbursement from the | 23 | | remedial action
account shall meet all of the following:
| 24 | | (1) The claimant demonstrates that the source of the | 25 | | release is from
the claimant's drycleaning facility.
| 26 | | (2) At the time the release was discovered by the |
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| 1 | | claimant, the claimant
and the drycleaning facility were in | 2 | | compliance with the Agency reporting
and technical | 3 | | operating requirements.
| 4 | | (3) The claimant reported the release in a timely | 5 | | manner to
the Agency in accordance with State law.
| 6 | | (4) (Blank).
| 7 | | (5) If the claimant is the owner or operator of an | 8 | | active drycleaning
facility, the claimant must ensure that | 9 | | has provided to the Council proof of implementation and
| 10 | | maintenance of the following pollution prevention | 11 | | measures :
| 12 | | (A) All That all drycleaning solvent wastes | 13 | | generated at the a drycleaning
facility be managed in | 14 | | accordance with applicable State
waste management laws | 15 | | and rules.
| 16 | | (B) There is no A prohibition on the discharge of | 17 | | wastewater from drycleaning
machines or of drycleaning | 18 | | solvent from drycleaning
operations to a sanitary | 19 | | sewer or septic tank or to the
surface or in | 20 | | groundwater.
| 21 | | (C) The That every drycleaning facility has :
(I) | 22 | | install a containment dike or other containment
| 23 | | structure around each machine, item of equipment, | 24 | | drycleaning area, and portable waste container in | 25 | | which
any
drycleaning solvent is utilized, which is | 26 | | shall be capable
of containing leaks, spills, or |
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| 1 | | releases of
drycleaning
solvent from that machine, | 2 | | item, area, or container. The containment
dike or other | 3 | | containment structure shall be capable of at least the | 4 | | following:
(i) containing a capacity of 110% of the | 5 | | drycleaning solvent in the largest
tank or vessel | 6 | | within the machine; (ii) containing 100% of the | 7 | | drycleaning
solvent of each item of equipment or | 8 | | drycleaning area; and (iii) containing
100% of the | 9 | | drycleaning solvent of the largest portable waste | 10 | | container or at
least 10% of the total volume of the | 11 | | portable waste containers stored within
the | 12 | | containment dike or structure, whichever is greater.
| 13 | | Petroleum underground storage tank systems | 14 | | that are upgraded in
accordance with USEPA upgrade | 15 | | standards pursuant to 40 CFR Part 280 for the
tanks | 16 | | and
related piping systems and use a leak detection | 17 | | system approved by the USEPA or
IEPA are exempt | 18 | | from this secondary containment requirement; and
| 19 | | (D) Those (II) seal or otherwise render impervious | 20 | | those portions of
diked floor surfaces on which a | 21 | | drycleaning
solvent may leak, spill, or otherwise be | 22 | | released are sealed or are otherwise rendered | 23 | | impervious .
| 24 | | (E) All (D) A requirement that all drycleaning | 25 | | solvent is shall be delivered
to the drycleaning | 26 | | facility facilities by means of closed, direct-coupled
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| 1 | | delivery systems.
| 2 | | (6) An active drycleaning facility that has | 3 | | maintained , through June 30, 2018, continuous financial
| 4 | | assurance for environmental liability coverage in the | 5 | | amount of at least
$500,000 at least since the date of | 6 | | award of benefits under this Section
or July 1, 2000, | 7 | | whichever is earlier.
An uninsured drycleaning facility | 8 | | that
has filed an application for insurance with the Fund | 9 | | by January 1, 2004,
obtained insurance through that | 10 | | application, and maintained that insurance
coverage | 11 | | continuously through June 30, 2018, shall be considered to | 12 | | have conformed with the
requirements of this subdivision | 13 | | (6). To conform with this requirement the
applicant must | 14 | | pay the equivalent of the total premiums due for the period
| 15 | | beginning June 30, 2000 through the date of application | 16 | | plus a 20% penalty of
the total premiums due for that | 17 | | period.
| 18 | | (7) The release was discovered on or after July
1, 1997 | 19 | | and before July 1, 2006.
| 20 | | (d) A claimant must have submitted shall submit a completed | 21 | | application form
provided by the Council. The application shall | 22 | | contain documentation of
activities, plans, and expenditures | 23 | | associated with the eligible costs
incurred in response to a | 24 | | release of drycleaning solvent from a
drycleaning facility. | 25 | | Application for remedial action account benefits must have been | 26 | | be
submitted to the Council on or before June 30, 2005. |
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| 1 | | (8) The site upon which the drycleaning facility is | 2 | | located is enrolled in the Site Remediation Program established | 3 | | under Title XVII of the Environmental Protection Act.
| 4 | | (e) Claimants shall be subject to the following deductible | 5 | | requirements,
unless modified pursuant to the Council's | 6 | | authority under
Section 75:
| 7 | | (1) If, by January 1, 2008, an eligible claimant | 8 | | submitting a claim for an active drycleaning facility | 9 | | completed site investigation and submitted to the Council a | 10 | | complete remedial action plan for the site, then the An | 11 | | eligible claimant submitting a claim
for an active | 12 | | drycleaning facility is responsible for the first $5,000 of
| 13 | | eligible investigation costs and for the first $10,000 of | 14 | | eligible remedial
action costs incurred in connection with | 15 | | the release from the drycleaning
facility and is only | 16 | | eligible for reimbursement for costs that exceed
those | 17 | | amounts, subject to any other limitations of this Act. Any | 18 | | eligible claimant submitting any other claim for an active | 19 | | drycleaning facility is responsible for the first $5,000 of | 20 | | eligible investigation costs and for the first $15,000 of | 21 | | eligible remedial action costs incurred in connection with | 22 | | the release from the drycleaning facility and is only | 23 | | eligible for reimbursement for costs that exceed those | 24 | | amounts, subject to any other limitations of this Act.
| 25 | | (2) If, by January 1, 2008, an eligible claimant | 26 | | submitting a claim for an inactive drycleaning facility |
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| 1 | | completed site investigation and submitted to the Council a | 2 | | complete remedial action plan for the site, then the An | 3 | | eligible claimant submitting a
claim for an inactive | 4 | | drycleaning facility is responsible for the first $10,000
| 5 | | of eligible investigation costs and for the first $10,000 | 6 | | of eligible remedial
action costs incurred in connection | 7 | | with the release from that drycleaning
facility, and is | 8 | | only eligible for reimbursement for costs that exceed
those | 9 | | amounts, subject to any other limitations of this Act. Any | 10 | | other eligible claimant submitting any other claim for an | 11 | | inactive drycleaning facility is responsible for the first | 12 | | $10,000 of eligible investigation costs and for the first | 13 | | $15,000 of eligible remedial action costs incurred in | 14 | | connection with the release from the drycleaning facility | 15 | | and is only eligible for reimbursement for costs that | 16 | | exceed those amounts, subject to any other limitations of | 17 | | this Act.
| 18 | | (f) Claimants are subject to the following limitations on | 19 | | reimbursement:
| 20 | | (1) Subsequent to meeting the deductible requirements | 21 | | of
subsection (e), and pursuant to the requirements of | 22 | | Section 75,
reimbursement shall not exceed $300,000 per | 23 | | active drycleaning facility and
$50,000 per inactive | 24 | | drycleaning facility.
| 25 | | (2) A contract in which one of the parties to the | 26 | | contract is a claimant,
for goods or services that may be |
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| 1 | | payable or reimbursable from
the Fund Council , is void and | 2 | | unenforceable unless and until : | 3 | | (A) the Council has found
that the
contract terms | 4 | | are found by the Council to be within the range of | 5 | | usual and customary rates
for similar or equivalent | 6 | | goods or services within this State ; and
has found that | 7 | | (B) the goods or services are found, by the Council | 8 | | to be necessary for the claimant to
comply with the | 9 | | rules adopted under this Act Council standards or other | 10 | | applicable regulatory standards .
| 11 | | (3) A claimant may appoint the Council as an agent for | 12 | | the purposes of
negotiating contracts with suppliers of | 13 | | goods or services
reimbursable by the Fund. The Council may | 14 | | select another
contractor for goods or services other than | 15 | | the one offered by the
claimant if the scope of the | 16 | | proposed work or actual work of the
claimant's offered | 17 | | contractor does not reflect the quality of workmanship
| 18 | | required or if the costs are determined to be excessive, as | 19 | | determined by the
Council.
| 20 | | (4) The Council may require a claimant to obtain and | 21 | | submit 3 bids
and may require specific terms and conditions | 22 | | in a
contract subject to approval.
| 23 | | (5) (Blank). The Council may enter into a contract or | 24 | | an exclusive contract with
the supplier of goods or | 25 | | services required by a claimant or class of
claimants, in | 26 | | connection with an expense reimbursable from the
Fund, for |
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| 1 | | a specified good or service at a gross maximum
price or | 2 | | fixed rate, and may limit reimbursement accordingly.
| 3 | | (6) Unless emergency conditions exist, a service | 4 | | provider shall
obtain the Council's approval of the budget | 5 | | for the remediation work
before commencing the work. No | 6 | | expense incurred that is above the budgeted
amount shall be | 7 | | paid unless the Council approves
the expense prior to its | 8 | | being incurred. All invoices and bills relating to
the | 9 | | remediation work shall be submitted with appropriate | 10 | | documentation, as
deemed
necessary by the Council.
| 11 | | (7) Neither the Council nor an eligible claimant is | 12 | | responsible for
payment for
costs incurred that have not | 13 | | been previously approved by the
Council, unless an | 14 | | emergency exists.
| 15 | | (8) The Council may determine the usual and customary | 16 | | costs of each
item for which reimbursement may be awarded | 17 | | under this Section.
The Council may revise the usual and | 18 | | customary costs from time
to time as necessary, but costs | 19 | | submitted for reimbursement shall
be subject to the rates | 20 | | in effect at the time the costs were
incurred.
| 21 | | (9) If a claimant has pollution liability insurance | 22 | | coverage other than
coverage provided by the insurance | 23 | | account under this Act ,
that coverage shall be primary. | 24 | | Reimbursement from the remedial
action account shall be | 25 | | limited to the deductible amounts under the primary
| 26 | | coverage and the
amount that exceeds the policy limits of |
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| 1 | | the primary coverage,
subject to the deductible amounts | 2 | | established under of this Act. If there is a
dispute | 3 | | between the claimant and the primary insurance provider,
| 4 | | reimbursement from the remedial action account may be made | 5 | | to the claimant
after the claimant
assigns all of his or | 6 | | her interests in the insurance coverage to the Council.
| 7 | | (g) The source of funds for the remedial action account | 8 | | shall be moneys
allocated to the account by the Council | 9 | | according to the Fund budget
approved by the Council.
| 10 | | (h) A drycleaning facility will be classified as active or | 11 | | inactive for
purposes of
determining benefits under this | 12 | | Section based on the status of the facility
on the date a claim | 13 | | is filed.
| 14 | | (i) Eligible claimants shall conduct remedial action in | 15 | | accordance with Title XVII of
the
Site Remediation Program | 16 | | under the Environmental Protection Act and rules adopted under | 17 | | that Act Part 740 of
Title 35 of the Illinois Administrative | 18 | | Code and the Tiered Approach to Cleanup
Objectives under Part | 19 | | 742 of Title 35 of the Illinois Administrative Code .
| 20 | | (j) (Blank). Effective January 1, 2012, an active | 21 | | drycleaning facility that has previously received or is | 22 | | currently receiving reimbursement for the costs of a remedial | 23 | | action, as defined in this Act, shall maintain continuous | 24 | | financial assurance for environmental liability coverage in | 25 | | the amount of at least $500,000 until the earlier of (i) | 26 | | January 1, 2020 or (ii) the date the Council determines the |
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| 1 | | drycleaning facility is an inactive drycleaning facility. | 2 | | Failure to comply with this requirement will result in the | 3 | | revocation of the drycleaning facility's existing license and | 4 | | in the inability of the drycleaning facility to obtain or renew | 5 | | a license under Section 60 of this Act. | 6 | | (Source: P.A. 96-774, eff. 1-1-10; 97-377, eff. 1-1-12.)
| 7 | | (415 ILCS 135/50)
| 8 | | Sec. 50. Cost recovery; enforcement.
| 9 | | (a) The Council may seek recovery from a potentially | 10 | | responsible party
liable for a release that is the subject of a | 11 | | remedial action and for which
the Fund has expended moneys for | 12 | | remedial action.
The amount of recovery sought by the Council | 13 | | shall be equal to all moneys
expended by the Fund for and in | 14 | | connection with the remediation,
including but
not limited to , | 15 | | reasonable attorney's attorneys fees and costs of litigation | 16 | | expended by
the
Fund in connection with the release.
| 17 | | (b) Except as provided in subsections
(c) and (d):
| 18 | | (1) The Council shall not seek recovery for expenses in | 19 | | connection with
remedial action for a release from a | 20 | | claimant eligible for
reimbursement except for any unpaid | 21 | | portion of the deductible.
| 22 | | (2) A claimant's liability for a release for which | 23 | | coverage is admitted
under the insurance account shall not | 24 | | exceed the amount of the
deductible, subject to the limits | 25 | | of insurance coverage.
|
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| 1 | | (c) Notwithstanding subsection (b), the liability of a | 2 | | claimant
to the Fund shall be the
total costs of remedial | 3 | | action incurred by the Fund, as specified in subsection
(a), if | 4 | | the
claimant has not complied with the Environmental Protection | 5 | | Act and its rules
or
with this Act , or and its rules adopted | 6 | | under either Act .
| 7 | | (d) Notwithstanding subsection (b), the liability of a
| 8 | | claimant to the Fund shall be the total costs of remedial | 9 | | action incurred by
the Fund, as
specified in
subsection (a), if | 10 | | the claimant received reimbursement from the Fund through
| 11 | | misrepresentation or fraud, and the claimant shall be liable | 12 | | for the amount of
the reimbursement.
| 13 | | (e) Upon reimbursement by
the Fund for remedial action | 14 | | under this Act, the rights of the claimant to
recover payment | 15 | | from a potentially responsible party are assumed by
the Council | 16 | | to the extent the remedial action was paid by the Fund. A | 17 | | claimant
is precluded from
receiving double compensation for | 18 | | the same injury. A claimant may elect
to permit the Council to | 19 | | pursue the claimant's cause of action for
an injury
not | 20 | | compensated by the Fund against a potentially responsible | 21 | | party,
provided the Attorney General or his or her designee | 22 | | determines the
representation would not be a conflict of | 23 | | interest.
| 24 | | (f) This Section does not preclude, limit, or in any way | 25 | | affect any of the
provisions of or causes of action pursuant to | 26 | | Section 22.2 of the Environmental
Protection Act.
|
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| 1 | | (g) Any cost recovery action commenced before July 1, 2018, | 2 | | by the Council, under this Section, may be prosecuted or | 3 | | continued by the Attorney General in the name of the State on | 4 | | and after that date. | 5 | | (h) All costs recovered under this Section shall deposited | 6 | | into the Fund. | 7 | | (Source: P.A. 90-502, eff. 8-19-97.)
| 8 | | (415 ILCS 135/60)
| 9 | | (Section scheduled to be repealed on January 1, 2020)
| 10 | | Sec. 60. Drycleaning facility license.
| 11 | | (a) No On and after January 1, 1998, no person shall | 12 | | operate a drycleaning
facility in this State without a license | 13 | | issued by the Council.
| 14 | | (b) The Council shall issue an initial or renewal license | 15 | | to a drycleaning
facility on submission by an applicant of a | 16 | | completed form prescribed by the
Council, and proof of payment | 17 | | of the required fee to the Department of Revenue , and, if the | 18 | | drycleaning facility has previously received or is currently | 19 | | receiving reimbursement for the costs of a remedial action, as | 20 | | defined in this Act, proof of compliance with subsection (j) of | 21 | | Section 40 . License Beginning January 1, 2013, license renewal | 22 | | application forms must include a certification by the | 23 | | applicant : | 24 | | (1) that all hazardous waste stored at the drycleaning | 25 | | facility is stored in accordance with all applicable |
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| 1 | | federal and state laws and regulations ; , and | 2 | | (2) that all hazardous waste transported from the | 3 | | drycleaning facility is transported in accordance with all | 4 | | applicable federal and state laws and regulations ; and | 5 | | (3) that, during the immediately preceding 4 years, the | 6 | | applicant has obtained a minimum of 4 hours of drycleaning | 7 | | continuing education credits from an industry-recognized | 8 | | education provider, at least 2 hours of which addressed | 9 | | environmentally related topics, such as proper solvent | 10 | | storage and handling, hazardous waste management, | 11 | | environmental compliance, non-solvent cleaning, site | 12 | | remediation, site remedial action planning, and Fund | 13 | | eligibility and reimbursement . Also, beginning January 1, | 14 | | 2013, license renewal applications must include copies of | 15 | | all manifests for hazardous waste transported from the | 16 | | drycleaning facility during the previous 12 months or since | 17 | | the last submission of copies of manifests, whichever is | 18 | | longer. If the Council does not receive a copy of a | 19 | | manifest for a drycleaning facility within a 3-year period, | 20 | | or within a shorter period as determined by the Council, | 21 | | the Council shall make appropriate inquiry into the | 22 | | management of hazardous waste at the facility and may share | 23 | | the results of the inquiry with the Agency.
| 24 | | (c) The On or after January 1, 2004, the annual fees for | 25 | | licensure are as
follows:
| 26 | | (1) $1,500 $500 for a facility that uses (i) 50 gallons |
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| 1 | | or
less of
chlorine-based or green drycleaning solvents | 2 | | annually, (ii) 250 or less
gallons annually of | 3 | | hydrocarbon-based drycleaning solvents in a drycleaning
| 4 | | machine equipped with a solvent reclaimer, or (iii) 500 | 5 | | gallons
or less annually of hydrocarbon-based drycleaning | 6 | | solvents in a
drycleaning machine without a solvent | 7 | | reclaimer.
| 8 | | (2) $2,250 $500 for a facility that uses (i)
more than | 9 | | 50 gallons but not more than 100
gallons of chlorine-based | 10 | | or green drycleaning solvents annually, (ii)
more than 250 | 11 | | gallons but not more 500 gallons annually of | 12 | | hydrocarbon-based
solvents in
a drycleaning machine | 13 | | equipped with a solvent reclaimer, or (iii) more
than 500 | 14 | | gallons but not more than 1,000 gallons
annually of | 15 | | hydrocarbon-based drycleaning solvents in a drycleaning
| 16 | | machine without a solvent reclaimer.
| 17 | | (3) $3,000 $500 for a facility that uses (i) more than | 18 | | 100 gallons but not more than 150 gallons of chlorine-based
| 19 | | or green drycleaning solvents annually, (ii) more than 500 | 20 | | gallons but
not more than 750 gallons annually of | 21 | | hydrocarbon-based solvents in a
drycleaning machine | 22 | | equipped with a solvent reclaimer, or (iii) more than
1,000
| 23 | | gallons but not more than 1,500 gallons annually of
| 24 | | hydrocarbon-based drycleaning solvents in a drycleaning | 25 | | machine without a
solvent reclaimer.
| 26 | | (4) $3,750 $1,000 for a facility that uses (i) more |
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| 1 | | than 150 gallons but not
more than 200 gallons of | 2 | | chlorine-based or green drycleaning solvents annually,
| 3 | | (ii) more than 750 gallons but not more than 1,000 gallons | 4 | | annually of
hydrocarbon-based solvents in a drycleaning | 5 | | machine equipped with a solvent
reclaimer, or (iii) more | 6 | | than
1,500 gallons but not more than 2,000 gallons annually | 7 | | of hydrocarbon-based
drycleaning solvents in a drycleaning | 8 | | machine without a solvent
reclaimer.
| 9 | | (5) $4,500 $1,000 for a facility that uses (i) more | 10 | | than 200 gallons but not more
than 250 gallons of | 11 | | chlorine-based or green drycleaning solvents annually, | 12 | | (ii)
more than 1,000 gallons but not more than 1,250 | 13 | | gallons annually of
hydrocarbon-based solvents in a | 14 | | drycleaning machine equipped with a solvent
reclaimer, or | 15 | | (iii) more than
2,000 gallons but not more than 2,500 | 16 | | gallons annually of hydrocarbon-based
drycleaning solvents | 17 | | in a drycleaning machine without a solvent
reclaimer.
| 18 | | (6) $5,000 $1,000 for a facility that uses (i) more | 19 | | than 250 gallons but not
more than
300 gallons of | 20 | | chlorine-based or green drycleaning solvents annually, | 21 | | (ii) more
than 1,250 gallons but not more than 1,500 | 22 | | gallons annually of
hydrocarbon-based solvents in a | 23 | | drycleaning machine equipped with a solvent
reclaimer, or | 24 | | (iii) more than 2,500 gallons but not more than 3,000 | 25 | | gallons
annually of hydrocarbon-based drycleaning solvents | 26 | | in a drycleaning machine
without
a solvent reclaimer.
|
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| 1 | | (7) $5,000 $1,000 for a facility that uses (i) more | 2 | | than 300 gallons but not more
than
350 gallons of | 3 | | chlorine-based or green drycleaning solvents annually, | 4 | | (ii) more
than 1,500 gallons but not more than 1,750 | 5 | | gallons annually of
hydrocarbon-based
solvents in a | 6 | | drycleaning machine equipped with a solvent reclaimer, or | 7 | | (iii)
more than 3,000 gallons but not more than 3,500 | 8 | | gallons annually of
hydrocarbon-based
drycleaning solvents | 9 | | in a drycleaning machine without a solvent
reclaimer.
| 10 | | (8) $5,000 $1,500 for a facility that uses (i) more | 11 | | than 350 gallons but not more
than
400 gallons of | 12 | | chlorine-based or green drycleaning solvents annually, | 13 | | (ii) more
than 1,750 gallons but not more than 2,000 | 14 | | gallons annually of
hydrocarbon-based
solvents in a | 15 | | drycleaning machine equipped with a solvent reclaimer, or | 16 | | (iii)
more than 3,500 gallons but not more than 4,000 | 17 | | gallons annually of
hydrocarbon-based
drycleaning solvents | 18 | | in a drycleaning machine without a solvent
reclaimer.
| 19 | | (9) $5,000 $1,500 for a facility that uses (i) more | 20 | | than 400 gallons but not more
than 450 gallons of | 21 | | chlorine-based or green drycleaning solvents annually, | 22 | | (ii)
more than 2,000 gallons but not more than 2,250 | 23 | | gallons annually of
hydrocarbon-based
solvents in a | 24 | | drycleaning machine equipped with a solvent reclaimer, or | 25 | | (iii)
more
than
4,000 gallons but not more than 4,500 | 26 | | gallons annually of hydrocarbon-based
drycleaning solvents |
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| 1 | | in a drycleaning machine without a solvent
reclaimer.
| 2 | | (10) $5,000 $1,500 for a facility that uses (i) more | 3 | | than 450 gallons but not
more than 500
gallons of | 4 | | chlorine-based or green drycleaning solvents annually, | 5 | | (ii) more
than
2,250 gallons but not more than 2,500 | 6 | | gallons annually of hydrocarbon-based
solvents used in a | 7 | | drycleaning machine equipped with a solvent reclaimer, or
| 8 | | (iii) more
than 4,500 gallons but not more than 5,000 | 9 | | gallons annually of
hydrocarbon-based
drycleaning solvents | 10 | | in a drycleaning machine without a solvent reclaimer.
| 11 | | (11) $5,000 $1,500 for a facility that uses (i) more | 12 | | than 500 gallons but not
more than 550
gallons of | 13 | | chlorine-based or green drycleaning solvents annually, | 14 | | (ii) more
than
2,500 gallons but not more than 2,750 | 15 | | gallons annually of hydrocarbon-based
solvents in a | 16 | | drycleaning machine equipped with a solvent reclaimer, or | 17 | | (iii)
more than
5,000 gallons but not more than 5,500 | 18 | | gallons annually of hydrocarbon-based
drycleaning solvents | 19 | | in a drycleaning machine without a solvent
reclaimer.
| 20 | | (12) $5,000 $1,500 for a facility that uses (i) more | 21 | | than 550 gallons but not
more than 600
gallons of | 22 | | chlorine-based or green drycleaning solvents annually, | 23 | | (ii) more
than 2,750 gallons but not more than 3,000 | 24 | | gallons annually of
hydrocarbon-based
solvents in a | 25 | | drycleaning machine equipped with a solvent reclaimer, or | 26 | | (iii)
more than
5,500 gallons but not more than 6,000 |
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| 1 | | gallons annually of hydrocarbon-based
drycleaning solvents | 2 | | in a drycleaning machine without a solvent
reclaimer.
| 3 | | (13) $5,000 $1,500 for a facility that uses (i) more | 4 | | than 600 gallons of
chlorine-based or green drycleaning | 5 | | solvents annually, (ii) more than 3,000
gallons but not | 6 | | more than 3,250 gallons annually of hydrocarbon-based | 7 | | solvents
in a drycleaning
machine equipped with a solvent | 8 | | reclaimer, or (iii) more than 6,000 gallons of
| 9 | | hydrocarbon-based drycleaning solvents annually in a | 10 | | drycleaning machine
equipped without a solvent reclaimer.
| 11 | | (14) $5,000 $1,500 for a facility that uses more than | 12 | | 3,250 gallons but not more
than 3,500 gallons annually of | 13 | | hydrocarbon-based solvents in a drycleaning
machine | 14 | | equipped with a solvent reclaimer.
| 15 | | (15) $5,000 $1,500 for a facility that uses more than | 16 | | 3,500 gallons but not more
than 3,750 gallons annually of | 17 | | hydrocarbon-based solvents used in a drycleaning
machine | 18 | | equipped with a solvent reclaimer.
| 19 | | (16) $5,000 $1,500 for a facility that uses more than | 20 | | 3,750 gallons but not more
than 4,000 gallons annually of | 21 | | hydrocarbon-based solvents in a drycleaning
machine | 22 | | equipped with a solvent reclaimer.
| 23 | | (17) $5,000 $1,500 for a facility that uses more than | 24 | | 4,000 gallons annually of
hydrocarbon-based solvents in a | 25 | | drycleaning machine equipped with a solvent
reclaimer.
| 26 | | For purpose of this subsection, the quantity of drycleaning |
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| 1 | | solvents
used annually shall be determined as follows:
| 2 | | (1) in the case of an initial applicant, the quantity | 3 | | of drycleaning
solvents that the applicant estimates will | 4 | | be used during his or her initial
license year. A fee | 5 | | assessed under this subdivision is subject to audited
| 6 | | adjustment for that year; or
| 7 | | (2) in the case of a renewal applicant, the quantity of | 8 | | drycleaning
solvents actually purchased in the preceding | 9 | | license year.
| 10 | | The Council may adjust licensing fees annually based on the | 11 | | published
Consumer Price Index - All Urban Consumers ("CPI-U") | 12 | | or as otherwise determined
by the Council.
| 13 | | (d) Except as otherwise modified by Council rules, a A | 14 | | license issued under this Section shall expire one year after | 15 | | the date
of issuance and may be renewed on reapplication to the | 16 | | Council and submission
of proof of payment of the appropriate | 17 | | fee to the Department of Revenue in
accordance with subsections | 18 | | (c) and (e). At least 30 days before payment of a
renewal | 19 | | licensing fee is due, the Council shall attempt to:
| 20 | | (1) notify the operator of each licensed drycleaning
| 21 | | facility concerning the requirements of this Section;
and
| 22 | | (2) submit a license fee payment form to the licensed
| 23 | | operator of each drycleaning facility.
| 24 | | (e) An operator of a drycleaning facility shall submit the | 25 | | appropriate
application form provided by the Council with the | 26 | | license fee in the form of
cash, credit card, business check, |
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| 1 | | or guaranteed remittance to the Department of Revenue.
The | 2 | | Department may accept payment of the license fee under this | 3 | | Section by credit card only if the Department is not required | 4 | | to pay a discount fee charged by the credit card issuer. The | 5 | | license fee payment form and the actual license fee payment | 6 | | shall be
administered by the Department of Revenue under rules | 7 | | adopted by that
Department.
| 8 | | (f) The Department of Revenue shall issue a proof of | 9 | | payment receipt to
each operator of a drycleaning facility who | 10 | | has paid the appropriate fee in
cash or by guaranteed | 11 | | remittance, credit card, or business check. However, the | 12 | | Department of Revenue shall not
issue a proof of payment | 13 | | receipt to a drycleaning facility that is liable to
the | 14 | | Department of Revenue for a tax imposed under this Act. The | 15 | | original
receipt shall be presented to the Council by the | 16 | | operator of a drycleaning
facility.
| 17 | | (g) (Blank).
| 18 | | (h) The Council and the Department of Revenue may adopt | 19 | | rules as necessary
to administer the licensing
requirements of | 20 | | this Act , including, but not limited to, rules authorizing the | 21 | | issuance of multi-year licenses .
| 22 | | (Source: P.A. 96-774, eff. 1-1-10; 97-332, eff. 8-12-11; | 23 | | 97-377, eff. 1-1-12; 97-663, eff. 1-13-12; 97-813, eff. | 24 | | 7-13-12; 97-1057, eff. 1-1-13.)
| 25 | | (415 ILCS 135/65)
|
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| 1 | | (Section scheduled to be repealed on January 1, 2020)
| 2 | | Sec. 65. Drycleaning solvent tax.
| 3 | | (a) A On and after January 1, 1998, a tax is hereby imposed | 4 | | upon
the use of drycleaning solvent by a person engaged in the | 5 | | business of operating
a drycleaning facility in this State at | 6 | | the rate of $10 $3.50 per gallon of
perchloroethylene or other | 7 | | chlorinated drycleaning solvents used in
drycleaning | 8 | | operations, $2 $0.35 per gallon of
petroleum-based drycleaning | 9 | | solvent, and $1.75 per gallon of green solvents,
unless the | 10 | | green solvent is used at a virgin facility, in which case the | 11 | | rate
is $0.35 per gallon. The Council
shall determine by rule | 12 | | which products are
chlorine-based solvents, which products are | 13 | | petroleum-based
solvents, and which products are green | 14 | | solvents. All drycleaning solvents
shall be considered
| 15 | | chlorinated solvents unless the Council determines
that the | 16 | | solvents are petroleum-based drycleaning solvents or green
| 17 | | solvents.
| 18 | | (b) The tax imposed by this Act shall be collected from the | 19 | | purchaser at
the time of sale by a seller of drycleaning | 20 | | solvents maintaining a place of
business in this State and | 21 | | shall be remitted to the Department of Revenue under
the
| 22 | | provisions of this Act.
| 23 | | (c) The tax imposed by this Act that is not collected by a | 24 | | seller of
drycleaning solvents shall be paid directly to the | 25 | | Department of Revenue by the
purchaser or end user who is | 26 | | subject to the tax imposed by this Act.
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| 1 | | (d) No tax shall be imposed upon the use of drycleaning | 2 | | solvent if the
drycleaning solvent will not be used in a | 3 | | drycleaning facility or if a floor
stock
tax has been imposed | 4 | | and paid on the drycleaning solvent. Prior to the
purchase of | 5 | | the solvent, the purchaser shall provide a written and signed
| 6 | | certificate to the drycleaning solvent seller stating:
| 7 | | (1) the name and address of the purchaser;
| 8 | | (2) the purchaser's signature and date of signing; and
| 9 | | (3) one of the following:
| 10 | | (A) that the drycleaning solvent will not be used | 11 | | in a drycleaning
facility; or
| 12 | | (B) that a floor stock tax has been imposed and | 13 | | paid on the drycleaning
solvent.
| 14 | | (e) On January 1, 1998, there is imposed on each operator | 15 | | of a
drycleaning facility a tax on drycleaning
solvent held by | 16 | | the operator on that date for use in
a drycleaning facility.
| 17 | | The tax imposed shall be
the tax that would have been imposed | 18 | | under
subsection (a)
if the drycleaning solvent held by the | 19 | | operator on that date had been
purchased
by the operator during
| 20 | | the first year of this Act.
| 21 | | (f) On or before the 25th day of the 1st month following | 22 | | the end of the
calendar quarter, a seller of drycleaning | 23 | | solvents who has collected a tax
pursuant to this Section | 24 | | during the previous calendar quarter, or a purchaser
or end | 25 | | user of
drycleaning solvents required under subsection (c) to | 26 | | submit the tax directly
to the Department, shall file a return
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| 1 | | with the Department of Revenue. The return shall be filed on a | 2 | | form prescribed
by the Department of Revenue and shall contain | 3 | | information that the Department
of
Revenue reasonably | 4 | | requires, but at a minimum will require the reporting of
the | 5 | | volume of
drycleaning solvent sold to each licensed drycleaner. | 6 | | The Department of Revenue
shall report quarterly to the Council | 7 | | the volume of drycleaning solvent
purchased for the quarter by | 8 | | each licensed drycleaner. Each seller of
drycleaning solvent | 9 | | maintaining a
place of business in this State who is required | 10 | | or authorized to collect the
tax imposed by this Act shall pay | 11 | | to the Department the amount of the tax at
the time when he or | 12 | | she is required to file his or her return for the period
during | 13 | | which the tax was collected. Purchasers or end users remitting | 14 | | the tax
directly to
the Department under subsection (c) shall | 15 | | file a return with
the Department of Revenue and pay the tax so | 16 | | incurred by the purchaser or end
user during
the preceding | 17 | | calendar quarter. | 18 | | Except as provided in this Section, the seller of | 19 | | drycleaning solvents filing the return under this Section | 20 | | shall, at the time of filing the return, pay to the Department | 21 | | the amount of tax imposed by this Act less a discount of 1.75%, | 22 | | or $5 per calendar year, whichever is greater. Failure to | 23 | | timely file the returns and provide to the Department the data | 24 | | requested under this Act will result in disallowance of the | 25 | | reimbursement discount.
| 26 | | (g) The tax on drycleaning solvents
used in drycleaning |
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| 1 | | facilities and the floor stock tax shall be administered by
| 2 | | Department of Revenue
under rules adopted by that Department.
| 3 | | (h) On and after January 1, 1998, no person shall knowingly | 4 | | sell or transfer
drycleaning solvent to an operator of a | 5 | | drycleaning facility that is not
licensed by the Council under | 6 | | Section 60.
| 7 | | (i) The Department of Revenue may adopt rules
as necessary | 8 | | to implement this Section.
| 9 | | (Source: P.A. 96-774, eff. 1-1-10.)
| 10 | | (415 ILCS 135/69) | 11 | | Sec. 69. Civil penalties. | 12 | | (a) Except as otherwise provided in this Section, any | 13 | | person who violates any provision
of this Act , or any rule | 14 | | adopted under this Act regulation adopted by the Council , or | 15 | | any license or registration or term or condition thereof, or | 16 | | that violates any Council or court order entered pursuant to of | 17 | | the Council under this Act, shall be liable for a civil penalty | 18 | | as provided in this Section. The penalties may, upon order of | 19 | | the Council or a court of competent jurisdiction, be made | 20 | | payable to the Drycleaner Environmental Response Trust Fund, to | 21 | | be used in accordance with the provisions of the Drycleaner | 22 | | Environmental Response Trust Fund Act. | 23 | | (b) Notwithstanding the provisions of subsection (a) of | 24 | | this Section: | 25 | | (1) Any person who violates subsection (a) of Section |
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| 1 | | 60 of this Act by failing to pay the license fee when due | 2 | | may be assessed a civil penalty of $5 per day for each day | 3 | | after the license fee is due until the license fee is paid. | 4 | | The penalty shall be effective for license fees due on or | 5 | | after July 1, 1999 and before June 30, 2011. For license | 6 | | fees due on or after July 1, 2011, any person who violates | 7 | | subsection (a) of Section 60 of this Act by failing to pay | 8 | | the license fee when due may be assessed a civil penalty, | 9 | | beginning on the 31st day after the license fee is due, in | 10 | | the following amounts: (i) beginning on the 31st day after | 11 | | the license fee is due and until the 60th day after the | 12 | | license fee is due, $3 for each day during which the | 13 | | license fee is not paid and (ii) beginning on the 61st day | 14 | | after the license fee is due and until the license fee is | 15 | | paid, $5 for each day during which the license fee is not | 16 | | paid. | 17 | | (2) Any person who violates subsection (d) or (h) of | 18 | | Section 65 of this Act shall be liable for a civil penalty | 19 | | not to exceed $500 for the first violation and a civil | 20 | | penalty not to exceed $5,000 for a second or subsequent | 21 | | violation. | 22 | | (3) Any person who violates Section 67 of this Act | 23 | | shall be liable for a civil penalty not to exceed $100 per | 24 | | day for each day the person is not registered to sell | 25 | | drycleaning solvents. | 26 | | (c) (Blank). The Council shall issue an administrative |
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| 1 | | assessment setting forth any penalties it imposes under | 2 | | subsection (b) of this Section and shall serve notice of the | 3 | | assessment upon the party assessed. The Council's | 4 | | determination shall be
deemed correct and shall serve as | 5 | | evidence of the correctness of the Council's determination that | 6 | | a penalty is due. Proof of a determination by the Council may | 7 | | be made at any administrative hearing or in any legal | 8 | | proceeding by a reproduced copy or computer print-out of the | 9 | | Council's record relating thereto in the name of the Council | 10 | | under the certificate of the Council. | 11 | | If reproduced copies of the Council's records are offered | 12 | | as proof of a penalty assessment, the Council must certify that | 13 | | those copies are true and exact copies of records on file with | 14 | | the Council. If computer print-outs of the Council's records | 15 | | are offered as proof of a determination, the Council Chairman | 16 | | must certify that those computer print-outs are true and exact | 17 | | representations of records properly entered into standard | 18 | | electronic computing equipment, in the regular course of the | 19 | | Council's business, at or reasonably near the time of the | 20 | | occurrence of the facts recorded, from trustworthy and reliable | 21 | | information. A certified reproduced copy or certified computer | 22 | | print-out shall, without further proof, be admitted into | 23 | | evidence in any administrative or legal proceeding and is prima | 24 | | facie proof of the correctness of the Council's determination. | 25 | | Whenever notice is required by this Section, the notice may | 26 | | be given by United States registered or certified mail, |
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| 1 | | addressed to the person concerned at his last known address, | 2 | | and proof of mailing shall be sufficient for the purposes of | 3 | | this Act. Notice of any hearing provided for by this Act shall | 4 | | be given not less than 7 days before the day fixed for the | 5 | | hearing. Following the initial contact of a person represented | 6 | | by an attorney, the Council shall not contact that person but | 7 | | shall only contact the attorney representing that person. | 8 | | (d) The penalties provided for in this Section may be | 9 | | recovered in a civil action instituted by the Attorney General | 10 | | in the name of the people of the State of Illinois. | 11 | | (e) The Attorney General may also, at the request of the | 12 | | Council , the Department of Revenue, or on his or her own | 13 | | motion, institute a civil action for an injunction, prohibitory | 14 | | or mandatory, to restrain violations of this Act, any rule or | 15 | | regulation adopted under this Act, any license or registration | 16 | | or term or condition of a license or registration, or any | 17 | | Council or court order entered under this Act , or to require | 18 | | other actions as may be necessary to address violations | 19 | | thereof. | 20 | | (f) Without limiting any other authority which may exist | 21 | | for the awarding of attorney's fees and costs, the Council, or | 22 | | a court of competent jurisdiction , may award costs and | 23 | | reasonable attorney's fees, including the reasonable costs of | 24 | | expert witnesses and consultants, to the Attorney General in a | 25 | | case where the Attorney General has prevailed against a person | 26 | | who has committed a willful, knowing, or repeated violation of |
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| 1 | | this Act, any rule or regulation adopted under
this Act, any | 2 | | license or registration or term or condition of a license or | 3 | | registration, or any Council or court order entered under this | 4 | | Act . Any funds collected under this subsection (f) in which the | 5 | | Attorney General has prevailed shall be deposited in the | 6 | | Drycleaner Environmental Response Trust Fund created in | 7 | | Section 10 of this Act. | 8 | | (g) All final orders imposing civil penalties under this | 9 | | Section shall prescribe the time for payment of the penalties. | 10 | | If any penalty is not paid within the time prescribed, interest | 11 | | on the penalty shall be paid, at the rate set forth in Section | 12 | | 3-2 of the Illinois Uniform Penalty and Interest Act, for the | 13 | | period from the date payment is due until the date payment is | 14 | | received. However, if the time for payment is stayed during the | 15 | | pendency of an appeal, interest shall not accrue during the | 16 | | stay.
| 17 | | (Source: P.A. 96-774, eff. 1-1-10; 97-332, eff. 8-12-11.) | 18 | | (415 ILCS 135/69.5 new) | 19 | | Sec. 69.5. Criminal penalties. In addition to all other | 20 | | civil and criminal penalties provided by law, any person who | 21 | | knowingly makes to the Council an oral or written statement | 22 | | that is false, fictitious, or fraudulent and that is materially | 23 | | related to or required by this Act or any rule adopted under | 24 | | this Act commits a Class 4 felony, and each such statement | 25 | | shall be considered a separate Class 4 felony. A person who, |
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| 1 | | after being convicted under this Section, violates this Section | 2 | | a second or subsequent time, commits a Class 3 felony
| 3 | | (415 ILCS 135/75)
| 4 | | Sec. 75. Adjustment of fees and taxes. Beginning January 1, | 5 | | 2000, and
annually
after that date through June 30, 2018 , the
| 6 | | Council shall adjust the copayment obligation of subsection (e) | 7 | | of Section 40,
the drycleaning solvent taxes of Section 65, the | 8 | | license
fees of Section 60, or any combination of adjustment of
| 9 | | each, after notice and opportunity for public comment, in a
| 10 | | manner determined necessary and appropriate to ensure
| 11 | | viability of the Fund and to encourage the owner or operator of | 12 | | a drycleaning
facility to use green solvents. Viability of the | 13 | | Fund shall consider the
settlement of all current claims | 14 | | subject to prioritization of
benefits under subsection (c) of | 15 | | Section 25, consistent with the purposes of
this Act.
| 16 | | (Source: P.A. 93-201, eff. 1-1-04.)
| 17 | | (415 ILCS 135/80)
| 18 | | Sec. 80. Audits and reports.
| 19 | | (a) The accounts, books, and other financial records of the | 20 | | Council,
including but not limited to its receipts, | 21 | | disbursements, contracts, and other
matters relating to its | 22 | | finance, operation, and affairs, shall be examined and
audited | 23 | | together with those of the Agency annually by the Auditor | 24 | | General in accordance with the audit standards
under the |
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| 1 | | Illinois State Auditing Act. This audit shall be provided to | 2 | | the
Agency for review .
| 3 | | (b) Upon request by the Auditor General, the Council shall
| 4 | | retain a firm of
certified public accountants to examine and | 5 | | audit the Council as described in
subsection (a) on behalf of | 6 | | the Auditor General.
| 7 | | (c) The accounts, books, and other financial records of the | 8 | | Council shall be
maintained in accordance with the State | 9 | | Records Act and accepted accounting
practices established by | 10 | | the State.
| 11 | | (Source: P.A. 90-502, eff. 8-19-97; 91-453, eff. 8-6-99.)
| 12 | | (415 ILCS 135/85)
| 13 | | Sec. 85. Repeal of fee and tax provisions. Sections 60 and | 14 | | 65 of this Act
are repealed on January 1, 2030 2020 .
| 15 | | (Source: P.A. 93-201, eff. 1-1-04.)
| 16 | | (415 ILCS 135/86 new) | 17 | | Sec. 86. Review of final Council decisions. | 18 | | (a) This Section applies to all final Council decisions | 19 | | regarding reimbursement from the Fund and all final Council | 20 | | decisions concerning the classification of drycleaning | 21 | | solvents under this Act.
Final administrative decisions made | 22 | | under this Act are subject to review in accordance with the law | 23 | | in effect at the time of the decision, except that the Director | 24 | | of the Agency shall conduct reviews to be performed by the |
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| 1 | | Administrator of the Fund and the review of decisions of the | 2 | | Council and decisions of administrative law judges of the | 3 | | Council shall be conducted in accordance with the | 4 | | Administrative Review Law. | 5 | | (b) A request for reconsideration of any final Council | 6 | | decision regarding reimbursement from the Fund or concerning | 7 | | the classification of drycleaning solvents under this Act may | 8 | | be filed with the Director of the Agency within 60 days after | 9 | | the date of the Council's decision. Any decision by the | 10 | | Director of the Agency pursuant to this Section is subject to | 11 | | judicial review in accordance with the Administrative Review | 12 | | Law. | 13 | | Proceedings for the judicial review of final | 14 | | administrative decisions of the Director of the Agency under | 15 | | this Section shall be conducted in accordance with the | 16 | | Administrative Review Law and this Act. | 17 | | Venue for an administrative review action under this | 18 | | Section shall be proper in the Circuit Court of the county | 19 | | where the plaintiff has its principal place of business, or | 20 | | Sangamon County if the plaintiff's principal place of business | 21 | | is located outside Illinois. | 22 | | Section 15. The Drycleaner Environmental Response Trust | 23 | | Fund Act is amended by changing Section 45 as follows:
| 24 | | (415 ILCS 135/45)
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| 1 | | Sec. 45. Insurance account.
| 2 | | (a) The insurance account shall offer financial assurance | 3 | | for claims arising before July 1, 2018, by a qualified
owner
or | 4 | | operator of a drycleaning facility under the terms and | 5 | | conditions provided
for under this Section. Coverage may be | 6 | | provided to either the owner or the
operator of a drycleaning | 7 | | facility. The
Council is not required to resolve whether the | 8 | | owner or operator, or both,
are responsible for a release under | 9 | | the terms of an agreement between
the owner and operator.
| 10 | | (b) The source of funds for the insurance account shall be | 11 | | as follows:
| 12 | | (1) moneys Moneys appropriated to the Council or moneys | 13 | | allocated to the
insurance
account by the Council according | 14 | | to the Fund budget approved by the
Council.
| 15 | | (2) moneys Moneys collected as an insurance premium, | 16 | | including service fees, if
any.
| 17 | | (3) investment Investment income attributed to the | 18 | | insurance account by the Council .
| 19 | | (c) Until the effective date of the changes made to this | 20 | | Section by this amendatory Act of the 100th General Assembly, | 21 | | an An owner or operator may purchase
coverage of up to $500,000 | 22 | | per drycleaning facility subject to the terms and
conditions | 23 | | under this Section and those adopted by the Council. Coverage
| 24 | | shall be limited to remedial action costs associated with soil | 25 | | and
groundwater contamination resulting from a release of | 26 | | drycleaning solvent
at an insured drycleaning facility, |
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| 1 | | including third-party liability for soil
and groundwater | 2 | | contamination. Coverage is not provided for a release
that | 3 | | occurred before the date of coverage.
| 4 | | (d) Until the effective date of the changes made to this | 5 | | Section by this amendatory Act of the 100th General Assembly, | 6 | | an An
owner or operator, subject to underwriting requirements | 7 | | and terms
and conditions deemed necessary and convenient by the | 8 | | Council, may
purchase insurance coverage from the insurance | 9 | | account provided that
the drycleaning facility to be insured | 10 | | meets the following conditions:
| 11 | | (1) a site investigation designed to identify soil and
| 12 | | groundwater contamination resulting from the release
of a | 13 | | drycleaning solvent has been completed. The Council shall | 14 | | determine if the
site
investigation is adequate. This | 15 | | investigation must be completed by
June 30, 2006. For | 16 | | drycleaning facilities that
apply for insurance coverage | 17 | | after
June 30, 2006, the site investigation must be
| 18 | | completed prior to
issuance of insurance coverage; and
| 19 | | (2) the drycleaning facility
is participating in and | 20 | | meets all requirements of a
drycleaning compliance program | 21 | | approved by the Council.
| 22 | | (e) The annual premium for insurance coverage shall be:
| 23 | | (1) For the year July 1, 1999 through June 30,
2000, | 24 | | $250
per drycleaning facility.
| 25 | | (2) For the year July 1, 2000 through
June 30, 2001, | 26 | | $375
per drycleaning facility.
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| 1 | | (3) For the year July 1, 2001 through
June 30, 2002, | 2 | | $500
per drycleaning facility.
| 3 | | (4) For the year July 1, 2002 through
June 30, 2003, | 4 | | $625
per drycleaning facility.
| 5 | | (5) For each subsequent State fiscal year through the | 6 | | State fiscal year ending June 30, 2018 For subsequent | 7 | | years , an owner or operator applying for
coverage shall pay | 8 | | an annual actuarially-sound insurance premium
for coverage | 9 | | by the insurance account. The Council may approve
Fund | 10 | | coverage through the payment of a premium established on
an | 11 | | actuarially-sound basis, taking into consideration the | 12 | | risk to the
insurance account presented by the insured.
| 13 | | Risk factor adjustments utilized to determine | 14 | | actuarially-sound
insurance premiums should reflect the | 15 | | range of risk presented by
the variety of drycleaning | 16 | | systems, monitoring systems, drycleaning
volume, risk | 17 | | management practices, and other factors as
determined by | 18 | | the Council. As used in this item, "actuarially sound" is | 19 | | not
limited to Fund premium revenue equaling or exceeding | 20 | | Fund
expenditures for the general drycleaning facility | 21 | | population.
Actuarially-determined premiums shall be | 22 | | published at least 180
days prior to the premiums becoming | 23 | | effective.
| 24 | | (e-5) If an insurer sends a second notice to an owner or | 25 | | operator demanding immediate payment of a past-due premium for | 26 | | insurance services provided pursuant to this Act, the demand |
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| 1 | | for payment must offer a grace period of not less than 30 days | 2 | | during which the owner or operator shall be allowed to pay any | 3 | | premiums due. If payment is made during that period, coverage | 4 | | under this Act shall not be terminated for non-payment by the | 5 | | insurer. | 6 | | (e-6) If an insurer terminates an owner or operator's | 7 | | coverage under this Act, the insurer must send a written notice | 8 | | to the owner or operator to inform him or her of the | 9 | | termination of that coverage, and that notice must include | 10 | | instructions on how to seek reinstatement of coverage, as well | 11 | | as information concerning any premiums or penalties that might | 12 | | be due. | 13 | | (f) If coverage is purchased for any part of a year, the | 14 | | purchaser shall pay
the full annual premium. The insurance | 15 | | premium is fully earned upon issuance
of the insurance policy.
| 16 | | (g) Any The insurance coverage offered under this Section | 17 | | shall be provided with a
$10,000 deductible policy.
| 18 | | (g-5) Claims on the insurance account that arise before | 19 | | January 1, 2018 must be submitted to the Council or | 20 | | Administrator of the Fund by no later than February 1, 2018. | 21 | | Claims on the insurance account that arise on or after January | 22 | | 1, 2018 must be submitted to the Council or Administrator of | 23 | | the Fund within 30 days after the claim arises. The Council | 24 | | shall render decisions on submitted claims on the insurance | 25 | | account within 30 days after their receipt. | 26 | | (h) A future repeal of this Section shall not terminate
the
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| 1 | | obligations under this Section or authority necessary to | 2 | | administer the
obligations until the obligations are | 3 | | satisfied, including but not limited to
the payment of claims | 4 | | filed prior
to the effective date of any future repeal against | 5 | | the insurance account until
moneys in the account are | 6 | | exhausted. Upon exhaustion of the
moneys in the account, any | 7 | | remaining claims shall be invalid. If moneys remain
in the | 8 | | account following
satisfaction of the obligations under this | 9 | | Section,
the remaining moneys and moneys due the account shall | 10 | | be placed in the remedial action account
used to assist current | 11 | | insureds to obtain a viable insuring mechanism as
determined by | 12 | | the Council after public notice and opportunity for
comment .
| 13 | | (Source: P.A. 98-327, eff. 8-13-13.)
| 14 | | Section 99. Effective date. This Act takes effect on July | 15 | | 1, 2018, except that this Section and Sections 5 and 15 take | 16 | | effect upon becoming law.".
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