(415 ILCS 135/5)
Sec. 5. Definitions. As used in this Act:
"Active drycleaning facility" means a drycleaning facility actively
engaged in drycleaning operations and licensed under Section 60 of this
Act.
"Agency" means the Illinois Environmental Protection Agency.
"Board" means the Illinois Pollution Control Board. "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.
"Council" means the Drycleaner Environmental Response Trust Fund
Council.
"Drycleaner Environmental Response Trust Fund" or "Fund" means the
fund created under Section 10 of this Act.
"Drycleaning facility" means a facility located in this State that is
or has been engaged in drycleaning operations for the general public, other
than:
(1) a facility located on a United States military |
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(2) an industrial laundry, commercial laundry, or
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(3) a prison or other penal institution that engages
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| 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;
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(4) a not-for-profit hospital or other health care
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(5) a facility located or formerly located on federal
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"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.
"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" 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.
"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,
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.
"No Further Remediation Letter" means a letter provided by the
Agency pursuant to Section 58.10 of Title XVII of the Environmental Protection
Act.
"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
solvents
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.)
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(415 ILCS 135/12) Sec. 12. Transfer of Council functions to the Agency. (a) On July 1, 2020, the Council is abolished, and, except as otherwise provided in this Act, all powers, duties, rights, and responsibilities of the Council are transferred to the Agency. On and after that date, all of the general powers necessary and convenient to implement and administer this Act are, except as otherwise provided in this Act, hereby vested in and may be exercised by the Agency, including, but not limited to, the powers described in Section 25 of this Act. (b) No later than June 30, 2020, the Administrator of the Fund shall prepare on behalf of the Council and deliver to the
Agency a report that lists: (1) the name, address, and telephone number of each |
| claimant who timely filed an application for remedial action account benefits by June 30, 2005, and is eligible for reimbursement from the Fund under Section 40 of this Act for costs of remediation of a release of drycleaning solvents from a drycleaning facility;
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(2) the address of the drycleaning facility where the
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| release occurred and the names, addresses, and telephone numbers of the owners and operators of the facility, as well as whether the drycleaning facility was an active or inactive drycleaning facility at the time that person applied for remedial action benefits under Section 40 of this Act;
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(3) the deductible that applies with respect to the
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| release at the facility and the amount of the deductible that has been satisfied;
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(4) the total amount that has been reimbursed from
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| the Fund for the release at the facility;
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(5) costs approved for reimbursement from the Fund on
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| or before June 30, 2020, but which have not been reimbursed from the Fund, for the release at the facility;
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(6) for each year during which insurance coverage was
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| provided under this Act, the name, address, and telephone number of each person who obtained coverage and the names and addresses of the drycleaning facilities for which that person obtained coverage;
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(7) the sites for which site investigations required
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| under subsection (d) of Section 45 have been deemed adequate by the Council;
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(8) the insurance claims under Section 45 of this Act
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(9) the appeals under this Act that are pending.
(c) No later than June 30, 2020, all books, records, papers, documents, property (real and personal), contracts, causes of action, and pending business pertaining to the powers, duties, rights, and responsibilities transferred by Public Act 101-400 and this amendatory Act of the 101st General Assembly, including, but not limited to, material in electronic or magnetic format and necessary computer hardware and software, shall be transferred to the Agency, regardless of whether they are in the possession of the Council, an independent contractor who serves as Administrator of the Fund, or any other person.
(d) At the direction of the Governor or on July 1, 2020, whichever is earlier, all unexpended appropriations and balances and other funds available for use by the Council, as determined by the Director of the Governor's Office of Management and Budget, shall be transferred for use by the Agency in accordance with this Act, regardless of whether they are in the possession of the Council, an independent contractor who serves as Administrator of the Fund, or any other person. Unexpended balances so transferred shall be expended by the Agency only for the purpose for which the appropriations were originally made.
(e) The transfer of powers, duties, rights, and responsibilities pursuant to Public Act 101-400 and this amendatory Act of the 101st General Assembly does not affect any act done, ratified, or canceled or any right
accruing or established or any action or proceeding had or commenced by the Council or the Administrator of the Fund before July 1, 2020; such actions may be prosecuted and continued by the Attorney General.
(f) Whenever reports or notices are required to be made or given or papers or documents furnished or served by any person to or upon the Council or the Administrator of the Fund in connection with any of the powers, duties, rights, or responsibilities transferred by Public Act 101-400 and this amendatory Act of the 101st General Assembly to the Agency, the same shall be made, given, furnished, or served in the same manner to or upon the Agency.
(g) All rules duly adopted by the Council before July 1, 2020 shall become rules of the Board on July 1, 2020. The Agency is authorized to propose to the Board for adoption, and the Board may adopt, amendments to those rules, as well as new rules, for carrying out, administering, and enforcing the provisions of this Act.
(h) In addition to the rules described above, the Board is hereby authorized to adopt rules establishing minimum continuing education and compliance program requirements for owners and operators of active drycleaning facilities. Board rules establishing minimum continuing education requirements shall, among other things, identify the minimum number of continuing education credits that must be obtained and describe the specific subjects to be covered in continuing education programs. Board rules establishing minimum compliance program requirements shall, among other things, identify the type of inspections that must be conducted. The rules adopted by the Board under this subsection (h) may also provide an exemption from continuing education requirements for persons who have, for at least 10 consecutive years on or after January 1, 2009, owned or operated a drying facility licensed under this Act.
(i) For the purposes of the Successor Agency Act and Section 9b of the State Finance Act, the Agency is the successor to the Council beginning July 1, 2020.
(Source: P.A. 101-400, eff. 12-31-19 (See Section 5 of P.A. 101-605 for effective date of P.A. 101-400); 101-605, eff. 12-31-19.)
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(415 ILCS 135/25)
Sec. 25. Powers and duties of the Agency and Board.
(a) The Agency shall have all of the general
powers reasonably necessary and convenient to carry out
this Act, including, but not limited to, the power to:
(1) Take actions and enter into agreements necessary |
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(A) reimburse claimants for eligible remedial
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(B) protect the environment from releases for
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| which claimants are eligible for reimbursement under this Act by, among other things, performing investigative, remedial, or other appropriate actions in response to those releases;
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(C) reduce costs associated with remedial
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(D) pay eligible claims in accordance with
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| coverage provided under Section 45 of this Act.
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(2) Acquire and hold personal property to be used for
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| the purpose of remedial action.
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(3) (Blank).
(4) (Blank).
(5) (Blank).
(6) (Blank).
(7) Except as otherwise provided by law, inspect any
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| document in the possession of an owner, operator, service provider, or any other person if the document is relevant to a claim for reimbursement under this Section or may inspect a drycleaning facility for which a claim for benefits under this Act has been submitted.
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(b) (Blank).
(c) The Agency shall, in accordance with Board rules, prioritize the expenditure of funds from the
remedial action account whenever it determines that there are not
sufficient funds to settle all current claims. In prioritizing, the Agency shall
consider, among other things, the
following:
(1) the degree to which human health is affected by
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| the exposure posed by the release;
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(2) the reduction of risk to human health derived
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| from remedial action compared to the cost of the remedial action;
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(3) the present and planned uses of the impacted
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(4) whether the claimant is currently licensed,
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| insured, and has paid all fees and premiums due under this Act; and
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(5) other factors as determined by the Board.
(d) The Board may adopt rules allowing the direct payment from
the Fund to a contractor who performs remediation. The rules concerning the
direct payment shall include a provision that any applicable deductible must be
paid by the drycleaning facility prior to any direct payment from the Fund.
(e) (Blank).
(f) The Agency may, in accordance with constitutional limitations, enter at all reasonable times upon any private or public property for the purpose of inspecting and investigating to ascertain possible violations of this Act, any rule adopted under this Act, or any order entered pursuant to this Act.
(g) If the Agency becomes aware of a violation of this Act or any rule adopted under this Act, it may refer the matter to the Attorney General for enforcement.
(h) In calendar years 2021 and 2022 and as deemed necessary by the Director of the Agency thereafter, the Agency shall prepare a report on the status of the Fund and convene a public meeting for purposes of disseminating the information in the report and accepting questions from members of the public on its contents. The reports prepared by the Agency under this subsection shall, at a minimum, describe the current financial status of the Fund, identify administrative expenses incurred by the Agency in its administration of the Fund, identify amounts from the Fund that have been applied toward remedial action and insurance claims under the Act, and list the drycleaning facilities in the State eligible for reimbursement from the Fund that have completed remedial action. The Agency shall make available on its website an electronic copy of the reports required under this subsection.
(Source: P.A. 101-400, eff. 7-1-20; 101-605, eff. 7-1-20.)
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(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 a claimant who is the owner or |
| operator of an active drycleaning facility licensed 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.
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(2) In the case of a claimant who is the owner of an
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| 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.
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(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
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| release is from the claimant's drycleaning facility.
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(2) At the time the release was discovered by the
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| claimant, the claimant and the drycleaning facility were in compliance with the Agency reporting and technical operating requirements.
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(3) The claimant reported the release in a timely
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| manner in accordance with State law.
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(4) The drycleaning facility site is enrolled in the
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| Site Remediation Program established under Title XVII of the Environmental Protection Act.
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(5) If the claimant is the owner or operator of an
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| active drycleaning facility, the claimant must ensure that:
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(A) All drycleaning solvent wastes generated at
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| the drycleaning facility are managed in accordance with applicable State waste management laws and rules.
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(B) There is no discharge of wastewater from
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| drycleaning machines, or of drycleaning solvent from drycleaning operations, to a sanitary sewer or septic tank or to the surface or in groundwater.
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(C) The drycleaning facility has a containment
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| dike or other containment structure around each machine, item of equipment, drycleaning area, and portable waste container in which any drycleaning solvent is utilized, which is capable of containing leaks, spills, or releases of drycleaning solvent from that machine, item, area, or container. The containment dike or other containment structure shall be capable of at least the following: (i) containing a capacity of 110% of the drycleaning solvent in the largest tank or vessel within the machine; (ii) containing 100% of the drycleaning solvent of each item of equipment or drycleaning area; and (iii) containing 100% of the drycleaning solvent of the largest portable waste container or at least 10% of the total volume of the portable waste containers stored within the containment dike or structure, whichever is greater.
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Petroleum underground storage tank systems that
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| are in compliance with USEPA and State Fire Marshal rules, including, but not limited to, leak detection system rules, are exempt from this secondary containment requirement.
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(D) Those portions of diked floor surfaces on
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| which a drycleaning solvent may leak, spill, or otherwise be released are sealed or otherwise impervious.
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(E) All drycleaning solvent is delivered to
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| drycleaning facilities by means of closed, direct-coupled delivery systems.
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(6) An active drycleaning facility has maintained
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| 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, whichever is earlier. An uninsured drycleaning facility that filed an application for insurance with the Fund by January 1, 2004, obtained insurance through that application, and maintained that insurance coverage continuously shall be considered to have conformed with the requirements of this subdivision (6). To conform with this requirement the applicant must pay the equivalent of the total premiums due for the period beginning June 30, 2000 through the date of application plus a 20% penalty of the total premiums due for that period.
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(7) The release was discovered on or after July 1,
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| 1997 and before July 1, 2006.
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(d) A claimant must have submitted 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 have been
submitted to the Council on or before June 30, 2005.
(e) Claimants shall be subject to the following deductible requirements:
(1) If, by January 1, 2008, an eligible claimant
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| submitting a claim for an active drycleaning facility completed site investigation and submitted to the Council a complete remedial action plan for the site, then the eligible claimant 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. Any eligible claimant submitting any other claim for an active drycleaning facility is responsible for the first $5,000 of eligible investigation costs and for the first $15,000 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.
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(2) If, by January 1, 2008, an eligible claimant
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| submitting a claim for an inactive drycleaning facility completed site investigation and submitted to the Council a complete remedial action plan for the site, then the claimant 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. Any eligible claimant submitting any other claim for an inactive drycleaning facility is responsible for the first $15,000 of eligible investigation costs and for the first $15,000 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.
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(f) Claimants are subject to the following limitations on reimbursement:
(1) Subsequent to meeting the deductible requirements
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| of subsection (e), reimbursement shall not exceed $300,000 per active drycleaning facility and $50,000 per inactive drycleaning facility.
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(2) (Blank).
(3) (Blank).
(4) The Agency may require a claimant to obtain and
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| submit 3 bids and may require specific terms and conditions in a contract subject to approval.
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(5) The Agency may enter into a contract or an
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| 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.
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(6) Unless emergency conditions exist, a service
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| provider shall obtain the Agency's approval of all remediation work to be reimbursed from the Fund and a budget for the remediation work before commencing the work. No expense incurred that is above the budgeted amount shall be paid unless the Agency approves the expense. All invoices and bills relating to the remediation work shall be submitted with appropriate documentation, as deemed necessary by the Agency.
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(7) Neither the Council, nor the Agency, nor an
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| eligible claimant is responsible for payment for costs incurred that have not been previously approved by the Council, or Agency, unless an emergency exists.
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(8) To be eligible for reimbursement from the Fund,
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| costs must be within the range of usual and customary rates for similar or equivalent goods or services, incurred in performance of remediation work approved by the Agency, and necessary to respond to the release for which the claimant is seeking reimbursement from the Fund.
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(9) If a claimant has pollution liability insurance
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| 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 established pursuant to this Act.
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(f-5) Costs of corrective action or indemnification incurred by a claimant which have been paid to a claimant under a policy of insurance other than the insurance provided under this Act, another written agreement, or a court order are not eligible for reimbursement. A claimant who receives payment under such a policy, written agreement, or court order shall reimburse the State to the extent such payment covers costs for which payment was received from the Fund. Any moneys received by the State under this subsection shall be deposited into the Fund.
(g) The source of funds for the remedial action account shall be moneys
allocated to the account by the Agency.
(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 Title XVII of
the Environmental Protection Act and rules adopted under that Act.
(j) Effective January 1, 2012, the owner or operator of an active drycleaning facility that has previously received or is currently receiving reimbursement for the costs of a remedial action, as defined in this Act, shall maintain continuous financial assurance for environmental liability coverage in the amount of at least $500,000 for that facility until January 1, 2030. Failure to comply with this requirement will result in the revocation of the drycleaning facility's existing license and in the inability of the drycleaning facility to obtain or renew a license under Section 60 of this Act.
(k) Owners and operators of inactive drycleaning facilities that are eligible for reimbursement from the Fund shall, through calendar year 2029, pay an annual $3,000 administrative assessment each calendar year to the Agency for the facility. For calendar year 2020, the annual assessment described in this subsection (k) is due on or before October 1, 2020. For each subsequent calendar year, the annual assessment described in this subsection (k) is due on or before February 1 of the applicable calendar year. Administrative assessments collected by the Agency under this subsection (k) shall be deposited into the Fund.
(Source: P.A. 101-400, eff. 7-1-20; 101-605, eff. 7-1-20.)
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(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. Neither the Agency nor the
Council is 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 allocated to the
insurance
account;
(2) moneys collected as an insurance premium, |
| including service fees, if any; and
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(3) investment income attributed to the insurance
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(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 before July 1, 2020 or by the Board on or after that date. 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 for periods before July 1, 2020 and subject to terms and conditions deemed necessary and convenient by the Board for periods on or after that date, may
purchase insurance coverage from the insurance account provided that:
(1) a site investigation designed to identify soil
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| and groundwater contamination resulting from the release of a drycleaning solvent has been completed for the drycleaning facility to be insured and the site investigation has been found adequate by the Council before July 1, 2020 or by the Agency on or after that date;
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(2) the drycleaning facility is participating in and
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| meets all drycleaning compliance program requirements adopted by the Board pursuant to Section 12 of this Act;
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(3) the drycleaning facility to be insured is
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| licensed under Section 60 of this Act and all fees due under that Section have been paid;
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(4) the owner or operator of the drycleaning facility
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| to be insured provides proof to the Agency or Council that:
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(A) all drycleaning solvent wastes generated at
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| the facility are managed in accordance with applicable State waste management laws and rules;
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(B) there is no discharge of wastewater from
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| drycleaning machines, or of drycleaning solvent from drycleaning operations, to a sanitary sewer or septic tank, to the surface, or in groundwater;
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(C) the facility has a containment dike or other
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| containment structure around each machine, item of equipment, drycleaning area, and portable waste container in which any drycleaning solvent is utilized, that is capable of containing leaks, spills, or releases of drycleaning solvent from that machine, item, area, or container, including: (i) 100% of the drycleaning solvent in the largest tank or vessel; (ii) 100% of the drycleaning solvent of each item of drycleaning equipment; and (iii) 100% of the drycleaning solvent of the largest portable waste container or at least 10% of the total volume of the portable waste containers stored within the containment dike or structure, whichever is greater;
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(D) those portions of diked floor surfaces at the
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| facility on which a drycleaning solvent may leak, spill, or otherwise be released are sealed or otherwise rendered impervious;
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(E) all drycleaning solvent is delivered to the
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| facility by means of closed, direct-coupled delivery systems; and
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(F) the drycleaning facility is in compliance
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| with paragraph (2) of this subsection (d); and
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(5) the owner or operator of the drycleaning facility
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| to be insured has paid all insurance premiums for insurance coverage provided under this Section.
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Petroleum underground storage tank systems that are in compliance with applicable USEPA and State Fire Marshal rules, including, but not limited to, leak detection system rules, are exempt from the secondary containment requirement in subparagraph (C) of paragraph (4) of this subsection (d).
(e) The annual premium for insurance coverage shall be:
(1) For the year July 1, 1999 through June 30, 2000,
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| $250 per drycleaning facility.
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(2) For the year July 1, 2000 through June 30, 2001,
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| $375 per drycleaning facility.
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(3) For the year July 1, 2001 through June 30, 2002,
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| $500 per drycleaning facility.
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(4) For the year July 1, 2002 through June 30, 2003,
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| $625 per drycleaning facility.
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(5) For each subsequent program year through the
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| program year ending June 30, 2019, 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.
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(6) For the year July 1, 2020 through June 30, 2021,
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| and for subsequent years through June 30, 2029, $1,500 per drycleaning facility per year.
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(7) For July 1, 2029 through January 1, 2030, $750
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| per drycleaning facility.
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(e-5) (Blank).
(e-6) (Blank).
(f) If coverage is purchased for any part of a year, the purchaser shall pay
the full annual premium. Until July 1, 2020, the insurance premium is fully earned upon issuance
of the insurance policy. Beginning July 1, 2020, coverage first commences for a purchaser only after payment of the full annual premium due for the applicable program year.
(g) Any insurance coverage provided under this Section shall be subject to a
$10,000 deductible.
(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 in and moneys due to the account shall be deposited in the remedial action account.
(Source: P.A. 103-154, eff. 6-30-23.)
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(415 ILCS 135/60)
(Section scheduled to be repealed on January 1, 2030)
Sec. 60. Drycleaning facility license.
(a) No person shall operate a drycleaning
facility in this State without a license issued by the Council or Agency. Until July 1, 2020, the license required under this subsection shall be issued by the Council. On and after July 1, 2020, the license required under this subsection shall be issued by the Agency.
(b) Beginning July 1, 2020, an initial or renewal license shall be issued to a drycleaning
facility on submission by an applicant of a completed form prescribed by the Agency and
proof of payment of the required fee to the Department of Revenue, and, if the drycleaning facility has previously received or is currently receiving reimbursement for the costs of a remedial action, as defined in this Act, proof of compliance with subsection (j) of Section 40. The Agency shall make available on its website an electronic copy of the required license and license renewal applications. License renewal application forms must include a certification by the applicant: (1) that all hazardous waste stored at the |
| drycleaning facility is stored in accordance with all applicable federal and state laws and regulations;
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(2) that all hazardous waste transported from the
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| drycleaning facility is transported in accordance with all applicable federal and state laws and regulations; and
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(3) that the applicant has successfully completed all
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| continuing education requirements adopted by the Board pursuant to Section 12 of this Act.
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(c) The annual fees for licensure are as
follows:
(1) $1,500 for a facility that uses (i) 50 gallons or
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| less of chlorine-based or green drycleaning solvents annually, (ii) 250 or less gallons annually of hydrocarbon-based drycleaning solvents in a drycleaning machine equipped with a solvent reclaimer, or (iii) 500 gallons or less annually of hydrocarbon-based drycleaning solvents in a drycleaning machine without a solvent reclaimer.
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(2) $2,250 for a facility that uses (i) more than 50
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| gallons but not more than 100 gallons of chlorine-based or green drycleaning solvents annually, (ii) more than 250 gallons but not more 500 gallons annually of hydrocarbon-based solvents in a drycleaning machine equipped with a solvent reclaimer, or (iii) more than 500 gallons but not more than 1,000 gallons annually of hydrocarbon-based drycleaning solvents in a drycleaning machine without a solvent reclaimer.
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(3) $3,000 for a facility that uses (i) more than 100
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| gallons but not more than 150 gallons of chlorine-based or green drycleaning solvents annually, (ii) more than 500 gallons but not more than 750 gallons annually of hydrocarbon-based solvents in a drycleaning machine equipped with a solvent reclaimer, or (iii) more than 1,000 gallons but not more than 1,500 gallons annually of hydrocarbon-based drycleaning solvents in a drycleaning machine without a solvent reclaimer.
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(4) $3,750 for a facility that uses (i) more than 150
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| gallons but not more than 200 gallons of chlorine-based or green drycleaning solvents annually, (ii) more than 750 gallons but not more than 1,000 gallons annually of hydrocarbon-based solvents in a drycleaning machine equipped with a solvent reclaimer, or (iii) more than 1,500 gallons but not more than 2,000 gallons annually of hydrocarbon-based drycleaning solvents in a drycleaning machine without a solvent reclaimer.
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(5) $4,500 for a facility that uses (i) more than 200
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| gallons but not more than 250 gallons of chlorine-based or green drycleaning solvents annually, (ii) more than 1,000 gallons but not more than 1,250 gallons annually of hydrocarbon-based solvents in a drycleaning machine equipped with a solvent reclaimer, or (iii) more than 2,000 gallons but not more than 2,500 gallons annually of hydrocarbon-based drycleaning solvents in a drycleaning machine without a solvent reclaimer.
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(6) $5,000 for a facility that uses (i) more than 250
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| gallons but not more than 300 gallons of chlorine-based or green drycleaning solvents annually, (ii) more than 1,250 gallons but not more than 1,500 gallons annually of hydrocarbon-based solvents in a drycleaning machine equipped with a solvent reclaimer, or (iii) more than 2,500 gallons but not more than 3,000 gallons annually of hydrocarbon-based drycleaning solvents in a drycleaning machine without a solvent reclaimer.
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(7) $5,000 for a facility that uses (i) more than 300
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| gallons but not more than 350 gallons of chlorine-based or green drycleaning solvents annually, (ii) more than 1,500 gallons but not more than 1,750 gallons annually of hydrocarbon-based solvents in a drycleaning machine equipped with a solvent reclaimer, or (iii) more than 3,000 gallons but not more than 3,500 gallons annually of hydrocarbon-based drycleaning solvents in a drycleaning machine without a solvent reclaimer.
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(8) $5,000 for a facility that uses (i) more than 350
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| gallons but not more than 400 gallons of chlorine-based or green drycleaning solvents annually, (ii) more than 1,750 gallons but not more than 2,000 gallons annually of hydrocarbon-based solvents in a drycleaning machine equipped with a solvent reclaimer, or (iii) more than 3,500 gallons but not more than 4,000 gallons annually of hydrocarbon-based drycleaning solvents in a drycleaning machine without a solvent reclaimer.
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(9) $5,000 for a facility that uses (i) more than 400
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| gallons but not more than 450 gallons of chlorine-based or green drycleaning solvents annually, (ii) more than 2,000 gallons but not more than 2,250 gallons annually of hydrocarbon-based solvents in a drycleaning machine equipped with a solvent reclaimer, or (iii) more than 4,000 gallons but not more than 4,500 gallons annually of hydrocarbon-based drycleaning solvents in a drycleaning machine without a solvent reclaimer.
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(10) $5,000 for a facility that uses (i) more than
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| 450 gallons but not more than 500 gallons of chlorine-based or green drycleaning solvents annually, (ii) more than 2,250 gallons but not more than 2,500 gallons annually of hydrocarbon-based solvents used in a drycleaning machine equipped with a solvent reclaimer, or (iii) more than 4,500 gallons but not more than 5,000 gallons annually of hydrocarbon-based drycleaning solvents in a drycleaning machine without a solvent reclaimer.
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(11) $5,000 for a facility that uses (i) more than
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| 500 gallons but not more than 550 gallons of chlorine-based or green drycleaning solvents annually, (ii) more than 2,500 gallons but not more than 2,750 gallons annually of hydrocarbon-based solvents in a drycleaning machine equipped with a solvent reclaimer, or (iii) more than 5,000 gallons but not more than 5,500 gallons annually of hydrocarbon-based drycleaning solvents in a drycleaning machine without a solvent reclaimer.
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(12) $5,000 for a facility that uses (i) more than
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| 550 gallons but not more than 600 gallons of chlorine-based or green drycleaning solvents annually, (ii) more than 2,750 gallons but not more than 3,000 gallons annually of hydrocarbon-based solvents in a drycleaning machine equipped with a solvent reclaimer, or (iii) more than 5,500 gallons but not more than 6,000 gallons annually of hydrocarbon-based drycleaning solvents in a drycleaning machine without a solvent reclaimer.
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(13) $5,000 for a facility that uses (i) more than
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| 600 gallons of chlorine-based or green drycleaning solvents annually, (ii) more than 3,000 gallons but not more than 3,250 gallons annually of hydrocarbon-based solvents in a drycleaning machine equipped with a solvent reclaimer, or (iii) more than 6,000 gallons of hydrocarbon-based drycleaning solvents annually in a drycleaning machine equipped without a solvent reclaimer.
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(14) $5,000 for a facility that uses more than 3,250
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| gallons but not more than 3,500 gallons annually of hydrocarbon-based solvents in a drycleaning machine equipped with a solvent reclaimer.
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(15) $5,000 for a facility that uses more than 3,500
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| gallons but not more than 3,750 gallons annually of hydrocarbon-based solvents used in a drycleaning machine equipped with a solvent reclaimer.
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(16) $5,000 for a facility that uses more than 3,750
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| gallons but not more than 4,000 gallons annually of hydrocarbon-based solvents in a drycleaning machine equipped with a solvent reclaimer.
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(17) $5,000 for a facility that uses more than 4,000
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| gallons annually of hydrocarbon-based solvents in a drycleaning machine equipped with a solvent reclaimer.
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For purpose of this subsection, the quantity of drycleaning solvents
used annually shall be determined as follows:
(1) in the case of an initial applicant, the quantity
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| 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
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(2) in the case of a renewal applicant, the quantity
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| of drycleaning solvents actually purchased in the preceding license year.
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(d) A license issued under this Section shall expire one year after the date
of issuance and may be renewed on reapplication to the Agency and submission
of proof of payment of the appropriate fee to the Department of Revenue in
accordance with subsections (c) and (e).
(e) An operator of a drycleaning facility shall submit the appropriate
application form provided by the Agency with the license fee in the form of
cash, credit card, business check, or guaranteed remittance to the Department of Revenue.
The Department may accept payment of the license fee under this Section by credit card only if the Department is not required to pay a discount fee charged by the credit card issuer. 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, credit card, or business check. 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 Agency by the operator of a drycleaning
facility.
(g) (Blank).
(h) The Board and the Department of Revenue may adopt rules as necessary
to administer the licensing
requirements of this Act.
(Source: P.A. 101-400, eff. 7-1-20; 101-605, eff. 7-1-20.)
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(415 ILCS 135/69) Sec. 69. Civil penalties. (a) Except as otherwise provided in this Section, any person who violates any provision
of this Act, any rule
adopted under this Act, or any license or registration or term or condition thereof, or that violates any Council, Board, or court order entered under this Act, shall be liable for a civil penalty as provided in this Section. The penalties may, upon order of the Board or a court of competent jurisdiction, be made payable to the Drycleaner Environmental Response Trust Fund, to be used in accordance with the provisions of this Act. (b) Notwithstanding the provisions of subsection (a) of this Section: (1) Any person who violates subsection (a) of Section |
| 60 of this Act by failing to pay the license fee when due may be assessed a civil penalty of $5 per day for each day after the license fee is due until the license fee is paid. The penalty shall be effective for license fees due on or after July 1, 1999 and before June 30, 2011. For license fees due on or after July 1, 2011, any person who violates subsection (a) of Section 60 of this Act by failing to pay the license fee when due may be assessed a civil penalty, beginning on the 31st day after the license fee is due, in the following amounts: (i) beginning on the 31st day after the license fee is due and until the 60th day after the license fee is due, $3 for each day during which the license fee is not paid and (ii) beginning on the 61st day after the license fee is due and until the license fee is paid, $5 for each day during which the license fee is not paid.
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(2) Any person who violates subsection (d) or (h) of
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| Section 65 of this Act shall be liable for a civil penalty not to exceed $500 for the first violation and a civil penalty not to exceed $5,000 for a second or subsequent violation.
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(3) Any person who violates Section 67 of this Act
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| shall be liable for a civil penalty not to exceed $100 per day for each day the person is not registered to sell drycleaning solvents.
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(4) Any person that violates subsection (k) of
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| Section 40 of this Act may be assessed a civil penalty in an amount equal to 3 times the total in administrative assessments owed by that person under that subsection.
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(c) (Blank).
(d) The penalties provided for in this Section may be recovered in a civil action instituted by the Attorney General in the name of the people of the State of Illinois.
(e) The Attorney General may also, at the request of the Agency or the Department of Revenue, or on his or her own motion, institute a civil action for an injunction, prohibitory or mandatory, to restrain violations of this Act, any rule or regulation adopted under this Act, any license or registration or term or condition of a license or registration, or any Council, Board, or court order entered pursuant to this Act, or to require other actions as may be necessary to address violations thereof.
(f) Without limiting any other authority which may exist for the awarding of attorney's fees and costs, the Board or a court of competent jurisdiction may award costs and reasonable attorney's fees, including the reasonable costs of expert witnesses and consultants, to the Attorney General in a case where the Attorney General has prevailed against a person who has committed a willful, knowing, or repeated violation of this Act, any rule or regulation adopted under
this Act, or any license or registration or term or condition of a license or registration, or any Council, Board, or court order entered pursuant to this Act. Any funds collected under this subsection (f) in which the Attorney General has prevailed shall be deposited in the Drycleaner Environmental Response Trust Fund created in Section 10 of this Act.
(g) All final orders imposing civil penalties under this Section shall prescribe the time for payment of the penalties. If any penalty is not paid within the time prescribed, interest on the penalty shall be paid, at the rate set forth in Section 3-2 of the Illinois Uniform Penalty and Interest Act, for the period from the date payment is due until the date payment is received. However, if the time for payment is stayed during the pendency of an appeal, interest shall not accrue during the stay.
(Source: P.A. 101-400, eff. 7-1-20.)
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