"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
"Drycleaning solvent" means any and all nonaqueous solvents, including
but not limited to a chlorine-based or petroleum-based formulation or
product, including green solvents, that are used as a primary
cleaning agent in drycleaning operations.
"Emergency" or "emergency action" means a situation or an
immediate response to a situation to protect public health or safety.
"emergency action" does not mean removal of
contaminated soils, recovery of free product, or financial hardship. An
"emergency" or "emergency action" would normally be
expected to be directly related to a sudden event or discovery and would
last until the threat to public health is mitigated.
"Groundwater" means underground water that occurs within the saturated
zone and geologic materials where the fluid pressure in the pore space is equal
to or greater than the atmospheric pressure.
"Inactive drycleaning facility" means a drycleaning facility that is not
being used for drycleaning operations and is not registered under this Act.
"Maintaining a place of business in this State" or any like term means
(1) having or maintaining within this State, directly or through a subsidiary,
office, distribution facility, distribution house, sales house, warehouse, or
other place of business or (2) operating within this State as an agent or
representative for a person or a person's subsidiary engaged in the business
of selling to persons within this State, irrespective of whether the place of
business or agent or other representative is located in this State permanently
or temporary, or whether the person or the person's subsidiary engages in the
business of selling in this State.
"No Further Remediation Letter" means a letter provided by the
Agency pursuant to Section 58.10 of Title XVII of the Environmental Protection
"Operator" means a person or entity holding a business license to
operate a licensed drycleaning facility or the business operation of
which the drycleaning facility is a part.
"Owner" means (1)
a person who owns or has possession or control of a drycleaning facility at
the time a release is discovered,
regardless of whether
the facility remains in operation or (2)
a parent corporation of the person under item (1) of this subdivision.
"Parent corporation" means a business entity or other business
arrangement that has elements of common ownership or control or that
uses a long-term contractual arrangement with a person to avoid direct
responsibility for conditions at a drycleaning facility.
"Person" means an individual, trust, firm, joint stock company,
corporation, consortium, joint venture, or other commercial entity.
"Program year" means the period beginning on
July 1 and ending on the
following June 30.
"Release" means any spilling, leaking, emitting, discharging, escaping,
leaching, or dispersing of drycleaning solvents from a drycleaning facility
to groundwater, surface water, or subsurface soils.
"Remedial action" means activities taken to comply with Title XVII
of the Environmental Protection Act and
rules adopted by the Board to administer that Title.
"Responsible party" means an owner, operator, or other person
financially responsible for costs of remediation of a release of drycleaning
from a drycleaning facility.
"Service provider" means a consultant, testing laboratory, monitoring
well installer, soil boring contractor, other contractor, lender, or any other
person who provides a product or service for which a claim for reimbursement
has been or will be filed against the Fund, or
a subcontractor of such a person.
"Virgin facility" means a drycleaning facility that has never had
chlorine-based or petroleum-based drycleaning solvents
stored or used at the property prior to it becoming a
green solvent drycleaning facility.
(Source: P.A. 101-400, eff. 7-1-20; 101-605, eff. 7-1-20