Section 1501.200  General Licensing Provisions

a)         No person may operate a drycleaning facility in Illinois without a license issued by the Agency.  Until July 1, 2020, the license required under Section 60(a) of the DERT Fund Act will be issued by the Council.  On or after July 1, 2020, the license required under this subsection (a) will be issued by the Agency. [415 ILCS 135/60(a)].

b)         License renewal applications must be submitted to the Agency by December 2 of each year.  The owner or operator of a drycleaning facility that is obtaining an initial license must submit a license application to the Agency and obtain a license before the facility begins operations.

c)         Annual licenses must be issued by the Agency for a calendar year.  A license will expire at the end of the calendar year in which it was issued unless renewed for the next calendar year under Section 1501.210.

d)         The Agency may issue an annual license for an active drycleaning facility only after processing the completed license application and proof of licensing fee payment as specified in Section 1501.210.

e)         If the facility is enrolled in the SRP, all SRP fees due have been paid.

f)         The Agency must issue a license revocation when either:

1)         The owner or operator fails to maintain continuous environmental liability coverage under Section 1501.300(c); or

2)         The Agency determines that the drycleaning facility is not in compliance with this Part.

g)         License Revocation

1)         Before revoking a drycleaner license, the Agency must provide written notice of revocation to the owner or operator.  The notice must include the following:

A)        The reasons for the notice of revocation; and

B)        Citations to statutory or regulatory provisions upon which the notice of revocation is based.

2)         The owner or operator will have forty-five calendar days from receipt of the notice of revocation to respond in writing.  If, after the response period expires and review of any response submitted by the owner or operator, the Agency determines revocation is still warranted, the Agency must revoke the license.  The revocation must be provided in writing and include the following:

A)        The reasons for the license revocation;

B)        Citations to statutory or regulatory provisions that the license revocation is based; and

C)        An explanation of why the response, if submitted, was insufficient to prevent the revocation.

3)         The burden of proof is on the owner or operator to demonstrate compliance with this Part and the DERT Fund Act when responding to the Agency’s notice of revocation.

h)         A license revocation is effective on the date of the Agency’s letter rendering a final determination on the matter.