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(415 ILCS 135/10)
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 by the Agency
for the purposes of
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 moneys deposited into
the Fund. Interest, income from the
investments, and other income earned by the Fund shall be credited to and
deposited into the Fund.
The Fund may be divided into different accounts with different
depositories to fulfill the purposes of the Act.
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,
(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
State, other than the Drycleaner Environmental Response Trust Fund, shall not
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
State agency or statute is specifically referenced and the limitation is
clearly set forth in this Act.
(f) During each fiscal year, the Agency shall limit its administration of the Fund to no more $600,000 in administrative expenses. The limitation in this subsection (f) does not apply to costs incurred by the Agency in:
(1) reviewing remedial action under Title XVII of the
Environmental Protection Act; or
(2) performing investigative or remedial actions.
(Source: P.A. 101-400, eff. 7-1-20