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91_HB2631eng HB2631 Engrossed LRB9104051ACtmA 1 AN ACT to amend the Drycleaner Environmental Response 2 Trust Fund Act. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Drycleaner Environmental Response Trust 6 Fund Act is amended by changing Sections 5, 10, 40, 45, 60, 7 75, 80, and 85 as follows: 8 (415 ILCS 135/5) 9 Sec. 5. Definitions. As used in this Act: 10 (a) "Active drycleaning facility" means a drycleaning 11 facility actively engaged in drycleaning operations and 12 licensed under Section 60 of this Act. 13 (b) "Agency" means the Illinois Environmental Protection 14 Agency. 15 (c) "Claimant" means an owner or operator of a 16 drycleaning facility who has applied for reimbursement from 17 the remedial account or who has submitted a claim under the 18 insurance account with respect to a release. 19 (d) "Council" means the Drycleaner Environmental 20 Response Trust Fund Council. 21 (e) "Drycleaner Environmental Response Trust Fund" or 22 "Fund" means the fund created under Section 10 of this Act. 23 (f) "Drycleaning facility" means a facility located in 24 this State that is or has been engaged in drycleaning 25 operations for the general public, other than a: 26 (1) facility located on a United States military 27 base; 28 (2) industrial laundry, commercial laundry, or 29 linen supply facility; 30 (3) prison or other penal institution that engages 31 in drycleaning only as part of a Correctional Industries HB2631 Engrossed -2- LRB9104051ACtmA 1 program to provide drycleaning to persons who are 2 incarcerated in a prison or penal institution or to 3 resident patients of a State-operated mental health 4 facility; 5 (4) not-for-profit hospital or other health care 6 facility; or a 7 (5) facility located or formerly located on federal 8 or State property. 9 (g) "Drycleaning operations" means drycleaning of 10 apparel and household fabrics for the general public, as 11 described in Standard Industrial Classification Industry No. 12 7215 and No. 7216 in the Standard Industrial Classification 13 Manual (SIC) by the Technical Committee on Industrial 14 Classification. 15 (h) "Drycleaning solvent" means a chlorine-based or 16 hydrocarbon-based formulation or product that is used as a 17 primary cleaning agent in drycleaning operations. 18 (i) "Emergency" or "emergency action" means a situation 19 or an immediate response to a situation to protect public 20 health or safety. "Emergency" or "emergency action" does not 21 mean removal of contaminated soils, recovery of free 22 product, or financial hardship. An "emergency" or "emergency 23 action" would normally be expected to be directly related to 24 a sudden event or discovery and would last until the threat 25 to public health is mitigated. 26 (j) "Groundwater" means underground water that occurs 27 within the saturated zone and geologic materials where the 28 fluid pressure in the pore space is equal to or greater than 29 the atmospheric pressure. 30 (k) "Inactive drycleaning facility" means a drycleaning 31 facility that is not being used for drycleaning operations 32 and is not registered under this Act. 33 (l) "Maintaining a place of business in this State" or 34 any like term means (1) having or maintaining within this HB2631 Engrossed -3- LRB9104051ACtmA 1 State, directly or through a subsidiary, an office, 2 distribution facility, distribution house, sales house, 3 warehouse, or other place of business or (2) operating within 4 this State as an agent or representative for a person or a 5 person's subsidiary engaged in the business of selling to 6 persons within this State, irrespective of whether the place 7 of business or agent or other representative is located in 8 this State permanently or temporary, or whether the person or 9 the person's subsidiary engages in the business of selling in 10 this State. 11 (m) "No Further Remediation Letter" means a letter 12 provided by the Agency pursuant to Section 58.10 of Title 13 XVII of the Environmental Protection Act. 14 (n) "Operator" means a person or entity holding a 15 business license to operate a licensed drycleaning facility 16 or the business operation of which the drycleaning facility 17 is a part. 18 (o) "Owner" means (1) a person who owns or has 19 possession or control of a drycleaning facility at the time a 20 release is discovered, regardless of whether the facility 21 remains in operation or (2) a parent corporation of the 22 person under item (1) of this subdivision. 23 (p) "Parent corporation" means a business entity or 24 other business arrangement that has elements of common 25 ownership or control or that uses a long-term contractual 26 arrangement with a person to avoid direct responsibility for 27 conditions at a drycleaning facility. 28 (q) "Person" means an individual, trust, firm, joint 29 stock company, corporation, consortium, joint venture, or 30 other commercial entity. 31 (r) "Program year" means the period beginning on July 1 32 and ending on the following June 30, except that the initial33"program year" means the period beginning on July 1, 1997 or34on the effective date of this Act and ending on June 30, 1998HB2631 Engrossed -4- LRB9104051ACtmA 1. 2 (s) "Release" means any spilling, leaking, emitting, 3 discharging, escaping, leaching, or dispersing of drycleaning 4 solvents from a drycleaning facility to groundwater, surface 5 water, or subsurface soils. 6 (t) "Remedial action" means activities taken to comply 7 with Sections 58.6 and 58.7 of the Environmental Protection 8 Act and rules adopted by the Pollution Control Board under 9 those Sections. 10 (u) "Responsible party" means an owner, operator, or 11 other person financially responsible for costs of remediation 12 of a release of drycleaning solvents from a drycleaning 13 facility. 14 (v) "Service provider" means a consultant, testing 15 laboratory, monitoring well installer, soil boring 16 contractor, other contractor, lender, or any other person who 17 provides a product or service for which a claim for 18 reimbursement has been or will be filed against the remedial 19 account or insurance account, or a subcontractor of such a 20 person. 21 (Source: P.A. 90-502, eff. 8-19-97.) 22 (415 ILCS 135/10) 23 Sec. 10. Drycleaner Environmental Response Trust Fund. 24 (a) The Drycleaner Environmental Response Trust Fund is 25 created as a special fund in the State Treasury. Moneys 26 deposited into the Fund shall be used solely for the purposes 27 of the Council, for the retention by the Agency of a firm of28certified public accountants to annually examine and audit29the Council's activities as described in Section 80,and for 30 other purposes as provided in this Act. The Fund shall 31 include moneys credited to the Fund under this Act and other 32 moneys that by law may be credited to the Fund. The State 33 Treasurer may invest Funds deposited into the Fund at the HB2631 Engrossed -5- LRB9104051ACtmA 1 direction of the Council. Interest, income from the 2 investments, and other income earned by the Fund shall be 3 credited to and deposited into the Fund. 4 Pursuant to appropriation, all moneys in the Drycleaner 5 Environmental Response Trust Fund shall be disbursed by the 6 Agency to the Council for the purpose of making 7 disbursements, if any, in accordance with this Act and for 8 the purpose of paying the ordinary and contingent expenses of 9 the Council. After June 30, 1999, pursuant to appropriation, 10 all moneys in the Drycleaner Environmental Response Trust 11 Fund may be used by the Council for the purpose of making 12 disbursements, if any, in accordance with this Act and for 13 the purpose of paying the ordinary and contingent expenses of 14 the Council.As soon as may be practicable after June 30,151997, the Comptroller shall order transferred and the16Treasurer shall transfer from the General Revenue Fund to the17Drycleaner Environmental Response Trust Fund $375,000 for the18ordinary and contingent expenses of the Council. As soon as19may be practicable after December 31, 1997, the Comptroller20shall order transferred and the Treasurer shall transfer from21the Drycleaner Environmental Response Trust Fund to the22General Revenue Fund $375,000 plus interest at the rate of 6%23per annum.24 The Fund may be divided into different accounts with 25 different depositories to fulfill the purposes of the Act as 26 determined by the Council. 27 Moneys in the Fund at the end of a State fiscal year 28 shall be carried forward to the next fiscal year and shall 29 not revert to the General Revenue Fund. 30 (b) The specific purposes of the Fund include but are 31 not limited to the following: 32 (1) To establish an account to fund remedial action 33 of drycleaning solvent releases from drycleaning 34 facilities as provided by Section 40. HB2631 Engrossed -6- LRB9104051ACtmA 1 (2) To establish an insurance account for insuring 2 environmental risks from releases from drycleaning 3 facilities within this State as provided by Section 45. 4 (c) The State, the General Revenue Fund, and any other 5 Fund of the State, other than the Drycleaner Environmental 6 Response Trust Fund, shall not be liable for a claim or cause 7 of action in connection with a drycleaning facility not owned 8 or operated by the State or an agency of the State. All 9 expenses incurred by the Fund shall be payable solely from 10 the Fund and no liability or obligation shall be imposed upon 11 the State. The State is not liable for a claim presented 12 against the Fund. 13 (d) The liability of the Fund is limited to the extent 14 of coverage provided by the account under which a claim is 15 submitted, subject to the terms and conditions of that 16 coverage. The liability of the Fund is further limited by 17 the moneys made available to the Fund, and no remedy shall be 18 ordered that would require the Fund to exceed its then 19 current funding limitations to satisfy an award or which 20 would restrict the availability of moneys for higher priority 21 sites. 22 (e) Nothing in this Act shall be construed to limit, 23 restrict, or affect the authority and powers of the Agency or 24 another State agency or statute unless the State agency or 25 statute is specifically referenced and the limitation is 26 clearly set forth in this Act. 27 (Source: P.A. 90-502, eff. 8-19-97.) 28 (415 ILCS 135/40) 29 Sec. 40. Remedial action account. 30 (a) The remedial action account is established to 31 provide reimbursement to eligible claimants for drycleaning 32 solvent investigation, remedial action planning, and remedial 33 action activities for existing drycleaning solvent HB2631 Engrossed -7- LRB9104051ACtmA 1 contamination discovered at their drycleaning facilities. 2 (b) The following persons are eligible for reimbursement 3 from the remedial action account: 4 (1) In the case of claimant who is the owner or 5 operator of an active drycleaning facility licensed by 6 the Council under this Act at the time of application for 7 remedial action benefits afforded under the Fund, the 8 claimant is only eligible for reimbursement of remedial 9 action costs incurred in connection with a release from 10 that drycleaning facility, subject to any other 11 limitations under this Act. 12 (2) In the case of a claimant who is the owner of 13 an inactive drycleaning facility and was the owner or 14 operator of the drycleaning facility when it was an 15 active drycleaning facility, the claimant is only 16 eligible for reimbursement of remedial action costs 17 incurred in connection with a release from the 18 drycleaning facility, subject to any other limitations 19 under this Act. 20 (c) An eligible claimant requesting reimbursement from 21 the remedial action account shall meet all of the following: 22 (1) The claimant demonstrates that the source of 23 the release is from the claimant's drycleaning facility. 24 (2) At the time the release was discovered by the 25 claimant, the claimant and the drycleaning facility were 26 in compliance with the Agency reporting and technical 27 operating requirements. 28 (3) The claimant reported the release in a timely 29 manner to the Agency in accordance with State law. 30 (4) The claimant applying for reimbursement has not 31 filed for bankruptcy on or after the date of his or her 32 discovery of the release. 33 (5) If the claimant is the owner or operator of an 34 active drycleaning facility, the claimant has provided to HB2631 Engrossed -8- LRB9104051ACtmA 1 the Council proof of implementation and maintenance of 2 the following pollution prevention measures: 3 (A) That all drycleaning solvent wastes 4 generated at a drycleaning facility be managed in 5 accordance with applicable State waste management 6 laws and rules. 7 (B) A prohibition on the discharge of 8 wastewater from drycleaning machines or of 9 drycleaning solvent from drycleaning operations to a 10 sanitary sewer or septic tank or to the surface or 11 in groundwater. 12 (C) That every drycleaning facility: 13 (I) install a containment dike or other 14 containment structure around each machine or 15 item of equipment or the entire drycleaning 16 area in which any drycleaning solvent is 17 utilized, which shall be capable of containing 18 any leak, spill, or release of drycleaning 19 solvent from that machine, item, or area; and 20 (II) seal or otherwise render impervious 21 those portions of diked floor surfaces on which 22 a drycleaning solvent may leak, spill, or 23 otherwise be released. 24 (D) A requirement that all drycleaning solvent 25 shall be delivered to drycleaning facilities by 26 means of closed, direct-coupled delivery systems. 27 (6) An active drycleaning facility has maintained 28 continuous financial assurance for environmental 29 liability coverage in the amount of at least $500,000 at 30 least since the date of award of benefits under this 31 Section or July 1, 20001998, whichever is earlier. 32 (7) The release was discovered on or after July 1, 33 1997 and before July 1, 20042002. 34 (d) A claimant shall submit a completed application form HB2631 Engrossed -9- LRB9104051ACtmA 1 provided by the Council. The application shall contain 2 documentation of activities, plans, and expenditures 3 associated with the eligible costs incurred in response to a 4 release of drycleaning solvent from a drycleaning facility. 5 Application for remedial action account benefits must be 6 submitted to the Council on or before June 30, 20032002. 7 (e) Claimants shall be subject to the following 8 deductible requirements, unless modified pursuant to the 9 Council's authority under Section 75: 10 (1) An eligible claimant submitting a claim for an 11 active drycleaning facility is responsible for the first 12 $5,000 of eligible investigation costs and for the first 13 $10,000 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 (2) An eligible claimant submitting a claim for an 19 inactive drycleaning facility is responsible for the 20 first $10,000 of eligible investigation costs and for the 21 first $10,000 of eligible remedial action costs incurred 22 in connection with the release from that drycleaning 23 facility, and is only eligible for reimbursement for 24 costs that exceed those amounts, subject to any other 25 limitations of this Act. 26 (f) Claimants are subject to the following limitations 27 on reimbursement: 28 (1) Subsequent to meeting the deductible 29 requirements of subsection (e), and pursuant to the 30 requirements of Section 75, reimbursement shall not 31 exceed: 32 (A) $160,000 per active drycleaning facility 33 for which an eligible claim is submitted during the 34initialprogram year beginning July 1, 1999; HB2631 Engrossed -10- LRB9104051ACtmA 1 (B) $150,000 per active drycleaning facility 2 for which an eligible claim is submitted during the 3 program year beginning July 1, 20001998; 4 (C) $140,000 per active drycleaning facility 5 for which an eligible claim is submitted during the 6 program year beginning July 1, 20011999; 7 (D) $130,000 per active drycleaning facility 8 for which an eligible claim is submitted during the 9 program year beginning July 1, 20022000; 10 (E) $120,000 per active drycleaning facility 11 for which an eligible claim is submitted during the 12 program year beginning July 1, 20032001; or 13 (F) $50,000 per inactive drycleaning facility. 14 (2) A contract in which one of the parties to the 15 contract is a claimant, for goods or services that may be 16 payable or reimbursable from the Council, is void and 17 unenforceable unless and until the Council has found that 18 the contract terms are within the range of usual and 19 customary rates for similar or equivalent goods or 20 services within this State and has found that the goods 21 or services are necessary for the claimant to comply with 22 Council standards or other applicable regulatory 23 standards. 24 (3) A claimant may appoint the Council as an agent 25 for the purposes of negotiating contracts with suppliers 26 of goods or services reimbursable by the Fund. The 27 Council may select another contractor for goods or 28 services other than the one offered by the claimant if 29 the scope of the proposed work or actual work of the 30 claimant's offered contractor does not reflect the 31 quality of workmanship required or if the costs are 32 determined to be excessive, as determined by the Council. 33 (4) The Council may require a claimant to obtain 34 and submit 3 bids and may require specific terms and HB2631 Engrossed -11- LRB9104051ACtmA 1 conditions in a contract subject to approval. 2 (5) The Council may enter into a contract or an 3 exclusive contract with the supplier of goods or services 4 required by a claimant or class of claimants, in 5 connection with an expense reimbursable from the Fund, 6 for a specified good or service at a gross maximum price 7 or fixed rate, and may limit reimbursement accordingly. 8 (6) Unless emergency conditions exist, a service 9 provider shall obtain the Council's approval of the 10 budget for the remediation work before commencing the 11 work. No expense incurred that is above the budgeted 12 amount shall be paid unless the Council approves the 13 expense prior to its being incurred. All invoices and 14 bills relating to the remediation work shall be submitted 15 with appropriate documentation, as deemed necessary by 16 the Council, not later than 30 days after the work has 17 been performed. 18 (7) Neither the Council nor an eligible claimant is 19 responsible for payment for costs incurred that have not 20 been previously approved by the Council, unless an 21 emergency exists. 22 (8) The Council may determine the usual and 23 customary costs of each item for which reimbursement may 24 be awarded under this Section. The Council may revise the 25 usual and customary costs from time to time as necessary, 26 but costs submitted for reimbursement shall be subject to 27 the rates in effect at the time the costs were incurred. 28 (9) If a claimant has pollution liability insurance 29 coverage other than coverage provided by the insurance 30 account under this Act, that coverage shall be primary. 31 Reimbursement from the remedial account shall be limited 32 to the deductible amounts under the primary coverage and 33 the amount that exceeds the policy limits of the primary 34 coverage, subject to the deductible amounts of this Act. HB2631 Engrossed -12- LRB9104051ACtmA 1 If there is a dispute between the claimant and the 2 primary insurance provider, reimbursement from the 3 remedial action account may be made to the claimant after 4 the claimant assigns all of his or her interests in the 5 insurance coverage to the Council. 6 (g) The source of funds for the remedial action account 7 shall be moneys allocated to the account by the Council 8 according to the Fund budget approved by the Council. 9 (h) A drycleaning facility will be classified as active 10 or inactive for purposes of determining benefits under this 11 Section based on the status of the facility on the date a 12 claim is filed. 13 (i) Eligible claimants shall conduct remedial action in 14 accordance with the Site Remediation Program under the 15 Environmental Protection Act and Part 740 of Title 35 of the 16 Illinois Administrative Code and the Tiered Approach to 17 Cleanup Objectives under Part 742 of Title 35 of the Illinois 18 Administrative Code. 19 (Source: P.A. 90-502, eff. 8-19-97.) 20 (415 ILCS 135/45) 21 Sec. 45. Insurance account. 22 (a) The insurance account shall offer financial 23 assurance for a qualified owner or operator of a drycleaning 24 facility under the terms and conditions provided for under 25 this Section. Coverage may be provided to either the owner or 26 the operator of a drycleaning facility. The Council is not 27 required to resolve whether the owner or operator, or both, 28 are responsible for a release under the terms of an agreement 29 between the owner and operator. 30 (b) The source of funds for the insurance account shall 31 be as follows: 32 (1) Moneys appropriated to the Council or moneys 33 allocated to the insurance account by the Council HB2631 Engrossed -13- LRB9104051ACtmA 1 according to the Fund budget approved by the Council. 2 (2) Moneys collected as an insurance premium, 3 including service fees, if any. 4 (3) Investment income attributed to the insurance 5 account by the Council. 6 (c) An owner or operator may purchase coverage of up to 7 $500,000 per drycleaning facility subject to the terms and 8 conditions under this Section and those adopted by the 9 Council. Coverage shall be limited to remedial action costs 10 associated with soil and groundwater contamination resulting 11 from a release of drycleaning solvent at an insured 12 drycleaning facility, including third-party liability for 13 soil and groundwater contamination. Coverage is not provided 14 for a release that occurred before the date of coverage. 15 (d) An owner or operator, subject to underwriting 16 requirements and terms and conditions deemed necessary and 17 convenient by the Council, may purchase insurance coverage 18 from the insurance account provided that the drycleaning 19 facility to be insured meets the following conditions: 20 (1) a site investigation designed to identify soil 21 and groundwater contamination resulting from the release 22 of a drycleaning solvent has been completed. The Council 23 shall determine if the site investigation is adequate. 24 This investigation must be completed by June 30, 2003 252002. For drycleaning facilities that become active 26 after June 30, 20032002, the site investigation must be 27 completed prior to issuance of insurance coverage; and 28 (2) the drycleaning facility is participating in 29 and meets all requirements of a drycleaning compliance 30 program approved by the Council. 31 (e) The annual premium for insurance coverage shall be: 32 (1) For the year July 1, 1999 through June 30, 2000 33initial program year, $250 per drycleaning facility. 34 (2) For the year July 1, 20001998through June 30, HB2631 Engrossed -14- LRB9104051ACtmA 1 20011999, $375 per drycleaning facility. 2 (3) For the year July 1, 20011999through June 30, 3 20022000, $500 per drycleaning facility. 4 (4) For the year July 1, 20022000through June 30, 5 20032001, $625 per drycleaning facility. 6 (5) For subsequent years, an owner or operator 7 applying for coverage shall pay an annual 8 actuarially-sound insurance premium for coverage by the 9 insurance account. The Council may approve Fund coverage 10 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 23 becoming effective. 24 (f) If coverage is purchased for any part of a year, the 25 purchaser shall pay the full annual premium. The insurance 26 premium is fully earned upon issuance of the insurance 27 policy. 28 (g) The insurance coverage shall be provided with a 29 $10,000 deductible policy. 30 (h) A future repeal of this Section shall not terminate 31 the obligations under this Section or authority necessary to 32 administer the obligations until the obligations are 33 satisfied, including but not limited to the payment of claims 34 filed prior to the effective date of any future repeal HB2631 Engrossed -15- LRB9104051ACtmA 1 against the insurance account until moneys in the account are 2 exhausted. Upon exhaustion of the moneys in the account, any 3 remaining claims shall be invalid. If moneys remain in the 4 account following satisfaction of the obligations under this 5 Section, the remaining moneys and moneys due the account 6 shall be used to assist current insureds to obtain a viable 7 insuring mechanism as determined by the Council after public 8 notice and opportunity for comment. 9 (Source: P.A. 90-502, eff. 8-19-97.) 10 (415 ILCS 135/60) 11 (Section scheduled to be repealed on July 1, 2007) 12 Sec. 60. Drycleaning facility license. 13 (a) On and after January 1, 1998, no person shall 14 operate a drycleaning facility in this State without a 15 license issued by the Council. 16 (b) The Council shall issue an initial or renewal 17 license to a drycleaning facility on submission by an 18 applicant of a completed form prescribed by the Council and 19 proof of payment of the required fee to the Department of 20 Revenue. 21 (c) The annual fees for licensure are as follows: 22 (1) $500 for a facility that purchases 140 gallons 23 or less of chlorine-based drycleaning solvents annually 24 or 1400 gallons or less of hydrocarbon-based drycleaning 25 solvents annually. 26 (2) $1,000 for a facility that purchases more than 27 140 gallons but less than 360 gallons of chlorine-based 28 drycleaning solvents annually or more than 1400 gallons 29 but less than 3600 gallons of hydrocarbon-based 30 drycleaning solvents annually. 31 (3) $1,500 for a facility that purchases 360 32 gallons or more of chlorine-based drycleaning solvents 33 annually or 3600 gallons or more of hydrocarbon-based HB2631 Engrossed -16- LRB9104051ACtmA 1 drycleaning solvents annually. 2 For purpose of this subsection, the quantity of 3 drycleaning solvents purchased annually shall be determined 4 as follows: 5 (1) in the case of an initial applicant, the 6 quantity of drycleaning solvents that the applicant 7 estimates will be used during his or her initial license 8 year. A fee assessed under this subdivision is subject 9 to audited adjustment for that year; or 10 (2) in the case of a renewal applicant, the 11 quantity of drycleaning solvents actually used in the 12 preceding license year. 13 The Council may adjust licensing fees annually based on 14 the published Consumer Price Index - All Urban Consumers 15 ("CPI-U") or as otherwise determined by the Council. 16 (d) A license issued under this Section shall expire one 17 year after the date of issuance and may be renewed on 18 reapplication to the Council and submission of proof of 19 payment of the appropriate fee to the Department of Revenue 20 in accordance with subsections (c) and (e). At least 30 days 21 before payment of a renewal licensing fee is due, the Council 22 shall attempt to: 23 (1) notify the operator of each licensed 24 drycleaning facility concerning the requirements of this 25 Section; and 26 (2) submit a license fee payment form to the 27 licensed operator of each drycleaning facility. 28 (e) An operator of a drycleaning facility shall submit 29 the appropriate application form provided by the Council with 30 the license fee in the form of cash or guaranteed remittance 31 to the Department of Revenue. The license fee payment form 32 and the actual license fee payment shall be administered by 33 the Department of Revenue under rules adopted by that 34 Department. HB2631 Engrossed -17- LRB9104051ACtmA 1 (f) The Department of Revenue shall issue a proof of 2 payment receipt to each operator of a drycleaning facility 3 who has paid the appropriate fee in cash or by guaranteed 4 remittance. However, the Department of Revenue shall not 5 issue a proof of payment receipt to a drycleaning facility 6 that is liable to the Department of Revenue for a tax imposed 7 under this Act. The original receipt shall be presented to 8 the Council by the operator of a drycleaning facility. 9 (g) An operator of a dry cleaning facility who is 10 required to pay a license fee under this Act and fails to pay 11 the license fee when the fee is due shall be assessed a 12 penalty of $5 for each day after the license fee is due and 13 until the license fee is paid. The penalty shall be effective 14 for license fees due on or after July 1, 1999. 15 (h) The Council and the Department of Revenue may adopt 16 rules as necessary to administer the licensing requirements 17 of this Act. 18 (Source: P.A. 90-502, eff. 8-19-97.) 19 (415 ILCS 135/75) 20 Sec. 75. Adjustment of fees and taxes. Beginning January 21 1, 20001999, and annually after that date, the Council 22 shall adjust the copayment obligation of subsection (e) of 23 Section 40, the drycleaning solvent taxes of Section 65, the 24 license fees of Section 60, or any combination of adjustment 25 of each, after notice and opportunity for public comment, in 26 a manner determined necessary and appropriate to ensure 27 viability of the Fund. Viability of the Fund shall consider 28 the settlement of all current claims subject to 29 prioritization of benefits under subsection (c) of Section 30 25, consistent with the purposes of this Act. 31 (Source: P.A. 90-502, eff. 8-19-97.) 32 (415 ILCS 135/80) HB2631 Engrossed -18- LRB9104051ACtmA 1 Sec. 80. Audits and reports. 2 (a) The accounts, books, and other financial records of 3 the Council, including but not limited to its receipts, 4 disbursements, contracts, and other matters relating to its 5 finance, operation, and affairs, shall be examined and 6 audited annually by the Auditor General in accordance with 7 the audit standards under the Illinois State Auditing Act. 8 This audit shall be provided to the Agency for review. 9 (b) Upon request by the Auditor General, the Council 10Agencyshall retain a firm of certified public accountants to 11 examine and audit the Council as described in subsection (a) 12 on behalf of the Auditor General. 13 (c) The accounts, books, and other financial records of 14 the Council shall be maintained in accordance with the State 15 Records Act and accepted accounting practices established by 16 the State. 17 (Source: P.A. 90-502, eff. 8-19-97.) 18 (415 ILCS 135/85) 19 Sec. 85. Repeal of fee and tax provisions. Sections 60 20 and 65 of this Act are repealed on January 1, 2010July1,212007. 22 (Source: P.A. 90-502, eff. 8-19-97.) 23 Section 99. Effective date. This Act takes effect upon 24 becoming law.