State of Illinois
91st General Assembly
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[ Senate Amendment 001 ]

91_HB2631ham001

 










                                             LRB9104051ACtmam

 1                    AMENDMENT TO HOUSE BILL 2631

 2        AMENDMENT NO.     .  Amend House Bill 2631  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The Drycleaner Environmental Response Trust
 5    Fund Act is amended by changing Sections 5, 10, 40,  45,  60,
 6    75, 80, and 85 as follows:

 7        (415 ILCS 135/5)
 8        Sec. 5. Definitions. As used in this Act:
 9        (a)  "Active  drycleaning  facility"  means a drycleaning
10    facility  actively  engaged  in  drycleaning  operations  and
11    licensed under Section 60 of this Act.
12        (b)  "Agency" means the Illinois Environmental Protection
13    Agency.
14        (c)  "Claimant"  means  an  owner  or   operator   of   a
15    drycleaning  facility  who has applied for reimbursement from
16    the remedial account or who has  submitted a claim under  the
17    insurance account with respect to a release.
18        (d)  "Council"   means   the   Drycleaner   Environmental
19    Response Trust Fund  Council.
20        (e)  "Drycleaner  Environmental  Response  Trust Fund" or
21    "Fund" means the fund created under Section 10 of this Act.
22        (f)  "Drycleaning facility" means a facility  located  in
 
                            -2-              LRB9104051ACtmam
 1    this  State  that  is  or  has  been  engaged  in drycleaning
 2    operations for the general public, other than a:
 3             (1)  facility located on a  United  States  military
 4        base;
 5             (2)  industrial   laundry,  commercial  laundry,  or
 6        linen supply facility;
 7             (3)  prison or other penal institution that  engages
 8        in  drycleaning only as part of a Correctional Industries
 9        program  to  provide  drycleaning  to  persons  who   are
10        incarcerated  in  a  prison  or  penal  institution or to
11        resident  patients  of  a  State-operated  mental  health
12        facility;
13             (4)  not-for-profit hospital or  other  health  care
14        facility; or a
15             (5)  facility located or formerly located on federal
16        or State property.
17        (g)  "Drycleaning   operations"   means   drycleaning  of
18    apparel and household fabrics  for  the  general  public,  as
19    described  in Standard Industrial Classification Industry No.
20    7215 and No. 7216 in the Standard  Industrial  Classification
21    Manual   (SIC)  by  the  Technical  Committee  on  Industrial
22    Classification.
23        (h)  "Drycleaning  solvent"  means  a  chlorine-based  or
24    hydrocarbon-based formulation or product that is  used  as  a
25    primary cleaning agent in  drycleaning operations.
26        (i)  "Emergency"  or "emergency action" means a situation
27    or an immediate response to a  situation  to  protect  public
28    health  or safety. "Emergency" or "emergency action" does not
29    mean  removal  of    contaminated  soils,  recovery  of  free
30    product, or financial hardship. An "emergency" or  "emergency
31    action" would normally be  expected to be directly related to
32    a  sudden event or discovery and would  last until the threat
33    to public health is mitigated.
34        (j)  "Groundwater" means underground  water  that  occurs
 
                            -3-              LRB9104051ACtmam
 1    within  the  saturated  zone and geologic materials where the
 2    fluid pressure in the pore space is equal to or greater  than
 3    the atmospheric pressure.
 4        (k)  "Inactive  drycleaning facility" means a drycleaning
 5    facility that is not being used  for  drycleaning  operations
 6    and is not registered under this Act.
 7        (l)  "Maintaining  a  place of business in this State" or
 8    any like term means (1) having  or  maintaining  within  this
 9    State,   directly   or   through  a  subsidiary,  an  office,
10    distribution  facility,  distribution  house,  sales   house,
11    warehouse, or other place of business or (2) operating within
12    this  State  as  an agent or representative for a person or a
13    person's subsidiary engaged in the  business  of  selling  to
14    persons  within this State, irrespective of whether the place
15    of business or agent or other representative  is  located  in
16    this State permanently or temporary, or whether the person or
17    the person's subsidiary engages in the business of selling in
18    this State.
19        (m)  "No  Further  Remediation  Letter"  means  a  letter
20    provided  by  the  Agency  pursuant to Section 58.10 of Title
21    XVII of the Environmental Protection Act.
22        (n)  "Operator"  means  a  person  or  entity  holding  a
23    business license to  operate a licensed  drycleaning facility
24    or the business operation of  which the drycleaning  facility
25    is a part.
26        (o)  "Owner"   means   (1)  a  person  who  owns  or  has
27    possession or control of a drycleaning facility at the time a
28    release is discovered, regardless of whether    the  facility
29    remains  in  operation  or  (2)  a  parent corporation of the
30    person under item (1) of this subdivision.
31        (p)  "Parent corporation"  means  a  business  entity  or
32    other  business    arrangement  that  has  elements of common
33    ownership or control or that  uses  a  long-term  contractual
34    arrangement with a person to avoid direct  responsibility for
 
                            -4-              LRB9104051ACtmam
 1    conditions at a drycleaning facility.
 2        (q)  "Person"  means  an  individual,  trust, firm, joint
 3    stock company, corporation,  consortium,  joint  venture,  or
 4    other commercial entity.
 5        (r)  "Program  year" means the period beginning on July 1
 6    and ending on the following June 30, except that the  initial
 7    "program  year" means the period beginning on July 1, 1997 or
 8    on the effective date of this Act and ending on June 30, 1998
 9    .
10        (s)  "Release" means  any  spilling,  leaking,  emitting,
11    discharging, escaping, leaching, or dispersing of drycleaning
12    solvents  from a drycleaning facility to groundwater, surface
13    water, or subsurface soils.
14        (t)  "Remedial action" means activities taken to   comply
15    with  Sections  58.6 and 58.7 of the Environmental Protection
16    Act and rules adopted by the Pollution  Control  Board  under
17    those Sections.
18        (u)  "Responsible  party"  means  an  owner, operator, or
19    other person financially responsible for costs of remediation
20    of a release  of  drycleaning  solvents  from  a  drycleaning
21    facility.
22        (v)  "Service   provider"  means  a  consultant,  testing
23    laboratory,   monitoring   well   installer,   soil    boring
24    contractor, other contractor, lender, or any other person who
25    provides   a  product  or  service  for  which  a  claim  for
26    reimbursement has been or will be filed against the  remedial
27    account  or  insurance  account, or a subcontractor of such a
28    person.
29    (Source: P.A. 90-502, eff. 8-19-97.)

30        (415 ILCS 135/10)
31        Sec. 10. Drycleaner Environmental Response Trust Fund.
32        (a)  The Drycleaner Environmental Response Trust Fund  is
33    created  as  a    special  fund in the State Treasury. Moneys
 
                            -5-              LRB9104051ACtmam
 1    deposited into the Fund shall be used solely for the purposes
 2    of the Council, for the retention by the Agency of a firm  of
 3    certified  public  accountants  to annually examine and audit
 4    the Council's activities as described in Section 80, and  for
 5    other  purposes  as  provided  in  this  Act.  The Fund shall
 6    include moneys credited to the Fund under this Act  and other
 7    moneys that by law may be credited to  the  Fund.  The  State
 8    Treasurer  may  invest  Funds  deposited into the Fund at the
 9    direction  of  the  Council.  Interest,   income   from   the
10    investments,  and  other  income  earned by the Fund shall be
11    credited to and deposited into the Fund.
12        Pursuant to appropriation, all moneys in  the  Drycleaner
13    Environmental  Response  Trust Fund shall be disbursed by the
14    Agency  to  the   Council   for   the   purpose   of   making
15    disbursements,  if  any,  in accordance with this Act and for
16    the purpose of paying the ordinary and contingent expenses of
17    the Council. After June 30, 1999, pursuant to  appropriation,
18    all  moneys  in  the  Drycleaner Environmental Response Trust
19    Fund may be used by the Council for  the  purpose  of  making
20    disbursements,  if  any,  in accordance with this Act and for
21    the purpose of paying the ordinary and contingent expenses of
22    the Council.  As soon as may be practicable  after  June  30,
23    1997,   the  Comptroller  shall  order  transferred  and  the
24    Treasurer shall transfer from the General Revenue Fund to the
25    Drycleaner Environmental Response Trust Fund $375,000 for the
26    ordinary and contingent expenses of the Council.  As soon  as
27    may  be  practicable after December 31, 1997, the Comptroller
28    shall order transferred and the Treasurer shall transfer from
29    the Drycleaner  Environmental  Response  Trust  Fund  to  the
30    General Revenue Fund $375,000 plus interest at the rate of 6%
31    per annum.
32        The  Fund  may  be  divided  into different accounts with
33    different depositories to fulfill the purposes of the Act  as
34    determined by the Council.
 
                            -6-              LRB9104051ACtmam
 1        Moneys  in  the  Fund  at  the end of a State fiscal year
 2    shall be carried forward to the next fiscal  year  and  shall
 3    not revert to the General Revenue Fund.
 4        (b)  The  specific  purposes  of the Fund include but are
 5    not limited to the following:
 6             (1)  To establish an account to fund remedial action
 7        of  drycleaning    solvent  releases   from   drycleaning
 8        facilities as provided by Section 40.
 9             (2)  To  establish an insurance account for insuring
10        environmental  risks    from  releases  from  drycleaning
11        facilities within this State as provided by Section 45.
12        (c)  The State, the General Revenue Fund, and  any  other
13    Fund  of  the  State, other than the Drycleaner Environmental
14    Response Trust Fund, shall not be liable for a claim or cause
15    of action in connection with a drycleaning facility not owned
16    or operated by the State or an  agency  of  the  State.   All
17    expenses  incurred  by  the Fund shall be payable solely from
18    the Fund and no liability or obligation shall be imposed upon
19    the State. The State is not  liable  for  a  claim  presented
20    against the Fund.
21        (d)  The  liability  of the Fund is limited to the extent
22    of coverage provided by the account under which  a  claim  is
23    submitted,  subject  to  the  terms  and  conditions  of that
24    coverage.  The liability of the Fund is  further  limited  by
25    the moneys made available to the Fund, and no remedy shall be
26    ordered  that  would  require  the  Fund  to  exceed its then
27    current funding limitations to  satisfy  an  award  or  which
28    would restrict the availability of moneys for higher priority
29    sites.
30        (e)  Nothing  in  this  Act  shall be construed to limit,
31    restrict, or affect the authority and powers of the Agency or
32    another State agency or statute unless the  State  agency  or
33    statute  is  specifically  referenced  and  the limitation is
34    clearly set forth in this Act.
 
                            -7-              LRB9104051ACtmam
 1    (Source: P.A. 90-502, eff. 8-19-97.)

 2        (415 ILCS 135/40)
 3        Sec. 40. Remedial action account.
 4        (a)  The  remedial  action  account  is  established   to
 5    provide  reimbursement  to eligible claimants for drycleaning
 6    solvent investigation, remedial action planning, and remedial
 7    action   activities   for   existing   drycleaning    solvent
 8    contamination discovered at their drycleaning facilities.
 9        (b)  The following persons are eligible for reimbursement
10    from the remedial action account:
11             (1)  In  the  case  of  claimant who is the owner or
12        operator of an active drycleaning  facility  licensed  by
13        the Council under this Act at the time of application for
14        remedial  action  benefits  afforded  under the Fund, the
15        claimant is only eligible for reimbursement  of  remedial
16        action  costs  incurred in connection with a release from
17        that  drycleaning  facility,   subject   to   any   other
18        limitations under this Act.
19             (2)  In  the  case of a claimant who is the owner of
20        an inactive drycleaning facility and  was  the  owner  or
21        operator  of  the  drycleaning  facility  when it was  an
22        active  drycleaning  facility,  the  claimant   is   only
23        eligible  for    reimbursement  of  remedial action costs
24        incurred  in  connection  with   a   release   from   the
25        drycleaning  facility,  subject  to any other limitations
26        under this Act.
27        (c)  An eligible claimant requesting  reimbursement  from
28    the remedial action  account shall meet all of the following:
29             (1)  The  claimant  demonstrates  that the source of
30        the release is from  the claimant's drycleaning facility.
31             (2)  At the time the release was discovered  by  the
32        claimant,  the claimant and the drycleaning facility were
33        in compliance with the  Agency  reporting  and  technical
 
                            -8-              LRB9104051ACtmam
 1        operating requirements.
 2             (3)  The  claimant  reported the release in a timely
 3        manner to  the Agency in accordance with State law.
 4             (4)  The claimant applying for reimbursement has not
 5        filed for bankruptcy on or after the date of his  or  her
 6        discovery of the release.
 7             (5)  If  the claimant is the owner or operator of an
 8        active drycleaning facility, the claimant has provided to
 9        the Council proof of implementation  and  maintenance  of
10        the following pollution prevention measures:
11                  (A)  That   all   drycleaning   solvent  wastes
12             generated at a drycleaning facility  be  managed  in
13             accordance  with  applicable  State waste management
14             laws and rules.
15                  (B)  A  prohibition   on   the   discharge   of
16             wastewater   from   drycleaning   machines   or   of
17             drycleaning solvent from drycleaning operations to a
18             sanitary  sewer  or septic tank or to the surface or
19             in groundwater.
20                  (C)  That every drycleaning facility:
21                       (I)  install a containment dike  or  other
22                  containment  structure  around  each machine or
23                  item of equipment  or  the  entire  drycleaning
24                  area   in  which  any  drycleaning  solvent  is
25                  utilized, which shall be capable of  containing
26                  any  leak,  spill,  or  release  of drycleaning
27                  solvent from that machine, item, or area; and
28                       (II)  seal or otherwise render  impervious
29                  those portions of diked floor surfaces on which
30                  a  drycleaning  solvent  may  leak,  spill,  or
31                  otherwise be released.
32                  (D)  A requirement that all drycleaning solvent
33             shall  be  delivered  to  drycleaning  facilities by
34             means of closed, direct-coupled delivery systems.
 
                            -9-              LRB9104051ACtmam
 1             (6)  An active drycleaning facility  has  maintained
 2        continuous    financial   assurance   for   environmental
 3        liability coverage in the amount of at least $500,000  at
 4        least  since  the  date  of  award of benefits under this
 5        Section or July 1, 2000 1998, whichever is earlier.
 6             (7)  The release was discovered on or after July  1,
 7        1997 and before July 1, 2004 2002.
 8        (d)  A claimant shall submit a completed application form
 9    provided  by  the  Council.   The  application  shall contain
10    documentation  of   activities,   plans,   and   expenditures
11    associated  with the eligible costs incurred in response to a
12    release of drycleaning solvent from a  drycleaning  facility.
13    Application  for  remedial  action  account  benefits must be
14    submitted to the Council on or before June 30, 2003 2002.
15        (e)  Claimants  shall  be  subject   to   the   following
16    deductible  requirements,  unless  modified  pursuant  to the
17    Council's authority under Section 75:
18             (1)  An eligible claimant submitting a claim for  an
19        active  drycleaning facility is responsible for the first
20        $5,000 of eligible investigation costs and for the  first
21        $10,000  of  eligible  remedial  action costs incurred in
22        connection with the release from the drycleaning facility
23        and is only eligible for  reimbursement  for  costs  that
24        exceed those amounts, subject to any other limitations of
25        this Act.
26             (2)  An  eligible claimant submitting a claim for an
27        inactive drycleaning  facility  is  responsible  for  the
28        first $10,000 of eligible investigation costs and for the
29        first  $10,000 of eligible remedial action costs incurred
30        in connection with  the  release  from  that  drycleaning
31        facility,  and  is  only  eligible  for reimbursement for
32        costs that exceed those amounts,  subject  to  any  other
33        limitations of this Act.
34        (f)  Claimants  are  subject to the following limitations
 
                            -10-             LRB9104051ACtmam
 1    on reimbursement:
 2             (1)  Subsequent   to    meeting    the    deductible
 3        requirements  of  subsection  (e),  and  pursuant  to the
 4        requirements  of  Section  75,  reimbursement  shall  not
 5        exceed:
 6                  (A)  $160,000 per active  drycleaning  facility
 7             for which an eligible claim is submitted during the
 8             initial program year beginning July 1, 1999;
 9                  (B)  $150,000  per  active drycleaning facility
10             for which an eligible claim is submitted during  the
11             program year beginning July 1, 2000 1998;
12                  (C)  $140,000  per  active drycleaning facility
13             for which an eligible claim is submitted during  the
14             program year beginning July 1, 2001 1999;
15                  (D)  $130,000  per  active drycleaning facility
16             for which an eligible claim is submitted during  the
17             program year beginning July 1, 2002 2000;
18                  (E)  $120,000  per  active drycleaning facility
19             for which an eligible  claim is submitted during the
20             program year beginning July 1, 2003 2001; or
21                  (F)  $50,000 per inactive drycleaning facility.
22             (2)  A contract in which one of the parties  to  the
23        contract is a claimant, for goods or services that may be
24        payable  or  reimbursable  from  the Council, is void and
25        unenforceable unless and until the Council has found that
26        the contract terms are within  the  range  of  usual  and
27        customary  rates  for  similar  or  equivalent  goods  or
28        services  within  this State and has found that the goods
29        or services are necessary for the claimant to comply with
30        Council  standards   or   other   applicable   regulatory
31        standards.
32             (3)  A  claimant may appoint the Council as an agent
33        for the purposes of negotiating contracts with  suppliers
34        of  goods  or  services  reimbursable  by  the Fund.  The
 
                            -11-             LRB9104051ACtmam
 1        Council  may  select  another  contractor  for  goods  or
 2        services other than the one offered by  the  claimant  if
 3        the  scope  of  the  proposed  work or actual work of the
 4        claimant's  offered  contractor  does  not  reflect   the
 5        quality  of  workmanship  required  or  if  the costs are
 6        determined to be excessive, as determined by the Council.
 7             (4)  The Council may require a  claimant  to  obtain
 8        and  submit  3  bids  and  may require specific terms and
 9        conditions in a  contract subject to approval.
10             (5)  The Council may enter into  a  contract  or  an
11        exclusive contract with the supplier of goods or services
12        required   by  a  claimant  or  class  of  claimants,  in
13        connection with an expense reimbursable  from  the  Fund,
14        for  a specified good or service at a gross maximum price
15        or fixed rate, and may limit reimbursement accordingly.
16             (6)  Unless emergency conditions  exist,  a  service
17        provider  shall  obtain  the  Council's  approval  of the
18        budget for the remediation  work  before  commencing  the
19        work.   No  expense  incurred  that is above the budgeted
20        amount shall be paid unless the  Council  approves    the
21        expense  prior  to  its being incurred.  All invoices and
22        bills relating to the remediation work shall be submitted
23        with appropriate documentation, as  deemed  necessary  by
24        the  Council,  not  later than 30 days after the work has
25        been performed.
26             (7)  Neither the Council nor an eligible claimant is
27        responsible for payment for costs incurred that have  not
28        been  previously  approved  by  the  Council,  unless  an
29        emergency exists.
30             (8)  The   Council   may  determine  the  usual  and
31        customary costs of each item for which reimbursement  may
32        be awarded under this Section. The Council may revise the
33        usual and customary costs from time to time as necessary,
34        but costs submitted for reimbursement shall be subject to
 
                            -12-             LRB9104051ACtmam
 1        the rates in effect at the time the costs were incurred.
 2             (9)  If a claimant has pollution liability insurance
 3        coverage  other  than  coverage provided by the insurance
 4        account under this Act, that coverage shall  be  primary.
 5        Reimbursement  from the remedial account shall be limited
 6        to the deductible amounts under the primary coverage  and
 7        the  amount that exceeds the policy limits of the primary
 8        coverage, subject to the deductible amounts of this  Act.
 9        If  there  is  a  dispute  between  the  claimant and the
10        primary  insurance  provider,  reimbursement   from   the
11        remedial action account may be made to the claimant after
12        the  claimant  assigns all of his or her interests in the
13        insurance coverage to the Council.
14        (g)  The source of funds for the remedial action  account
15    shall  be  moneys  allocated  to  the  account by the Council
16    according to the Fund budget approved by the Council.
17        (h)  A drycleaning facility will be classified as  active
18    or  inactive for purposes of  determining benefits under this
19    Section based on the status of the facility  on  the  date  a
20    claim is filed.
21        (i)  Eligible  claimants shall conduct remedial action in
22    accordance  with  the  Site  Remediation  Program  under  the
23    Environmental Protection Act and Part 740 of Title 35 of  the
24    Illinois  Administrative  Code  and  the  Tiered  Approach to
25    Cleanup Objectives under Part 742 of Title 35 of the Illinois
26    Administrative Code.
27    (Source: P.A. 90-502, eff. 8-19-97.)

28        (415 ILCS 135/45)
29        Sec. 45. Insurance account.
30        (a)  The  insurance   account   shall   offer   financial
31    assurance for a qualified owner  or operator of a drycleaning
32    facility  under  the  terms and conditions provided for under
33    this Section. Coverage may be provided to either the owner or
 
                            -13-             LRB9104051ACtmam
 1    the operator of a drycleaning facility. The  Council  is  not
 2    required  to  resolve whether the owner or operator, or both,
 3    are responsible for a release under the terms of an agreement
 4    between the owner and operator.
 5        (b)  The source of funds for the insurance account  shall
 6    be as follows:
 7             (1)  Moneys  appropriated  to  the Council or moneys
 8        allocated  to  the  insurance  account  by  the   Council
 9        according to the Fund budget approved by the Council.
10             (2)  Moneys   collected  as  an  insurance  premium,
11        including service fees, if any.
12             (3)  Investment income attributed to  the  insurance
13        account by the Council.
14        (c)  An  owner or operator may purchase coverage of up to
15    $500,000 per drycleaning facility subject to  the  terms  and
16    conditions  under  this  Section  and  those  adopted  by the
17    Council. Coverage shall be limited to remedial  action  costs
18    associated  with soil and groundwater contamination resulting
19    from  a  release  of  drycleaning  solvent  at   an   insured
20    drycleaning  facility,  including  third-party  liability for
21    soil and groundwater contamination.  Coverage is not provided
22    for a release that occurred before the date of coverage.
23        (d)  An  owner  or  operator,  subject  to   underwriting
24    requirements  and  terms  and conditions deemed necessary and
25    convenient by the Council, may  purchase  insurance  coverage
26    from  the  insurance  account  provided  that the drycleaning
27    facility to be insured meets the following conditions:
28             (1)  a site investigation designed to identify  soil
29        and  groundwater contamination resulting from the release
30        of a drycleaning solvent has been completed. The  Council
31        shall  determine  if  the site investigation is adequate.
32        This investigation must be completed  by  June  30,  2003
33        2002.   For  drycleaning  facilities  that  become active
34        after June 30, 2003 2002, the site investigation must  be
 
                            -14-             LRB9104051ACtmam
 1        completed prior to issuance of insurance coverage; and
 2             (2)  the  drycleaning  facility  is participating in
 3        and meets all requirements of  a  drycleaning  compliance
 4        program approved by the Council.
 5        (e)  The annual premium for insurance coverage shall be:
 6             (1)  For the year July 1, 1999 through June 30, 2000
 7         initial program year, $250 per drycleaning facility.
 8             (2)  For the year July 1, 2000 1998 through June 30,
 9        2001 1999, $375 per drycleaning facility.
10             (3)  For the year July 1, 2001 1999 through June 30,
11        2002 2000, $500 per drycleaning facility.
12             (4)  For the year July 1, 2002 2000 through June 30,
13        2003 2001, $625 per drycleaning facility.
14             (5)  For  subsequent  years,  an  owner  or operator
15        applying   for   coverage    shall    pay    an    annual
16        actuarially-sound  insurance  premium for coverage by the
17        insurance account.  The Council may approve Fund coverage
18        through the  payment  of  a  premium  established  on  an
19        actuarially-sound  basis,  taking  into consideration the
20        risk to the insurance account presented by  the  insured.
21        Risk    factor    adjustments   utilized   to   determine
22        actuarially-sound insurance premiums should  reflect  the
23        range  of  risk  presented  by the variety of drycleaning
24        systems, monitoring  systems,  drycleaning  volume,  risk
25        management  practices, and other factors as determined by
26        the Council. As used in this item, "actuarially sound" is
27        not limited to Fund premium revenue equaling or exceeding
28        Fund expenditures for the  general  drycleaning  facility
29        population.   Actuarially-determined  premiums  shall  be
30        published  at  least  180  days  prior  to  the  premiums
31        becoming effective.
32        (f)  If coverage is purchased for any part of a year, the
33    purchaser shall pay the full annual premium.   The  insurance
34    premium  is  fully  earned  upon  issuance  of  the insurance
 
                            -15-             LRB9104051ACtmam
 1    policy.
 2        (g)  The insurance coverage  shall  be  provided  with  a
 3    $10,000 deductible policy.
 4        (h)  A  future repeal of this Section shall not terminate
 5    the  obligations under this Section or authority necessary to
 6    administer  the  obligations  until   the   obligations   are
 7    satisfied, including but not limited to the payment of claims
 8    filed  prior  to  the  effective  date  of  any future repeal
 9    against the insurance account until moneys in the account are
10    exhausted.  Upon exhaustion of the moneys in the account, any
11    remaining claims shall be invalid. If moneys  remain  in  the
12    account  following satisfaction of the obligations under this
13    Section, the remaining moneys  and  moneys  due  the  account
14    shall  be  used to assist current insureds to obtain a viable
15    insuring mechanism as determined by the Council after  public
16    notice and opportunity for comment.
17    (Source: P.A. 90-502, eff. 8-19-97.)

18        (415 ILCS 135/60)
19        (Section scheduled to be repealed on July 1, 2007)
20        Sec. 60. Drycleaning facility license.
21        (a)  On  and  after  January  1,  1998,  no  person shall
22    operate a  drycleaning  facility  in  this  State  without  a
23    license issued by the Council.
24        (b)  The  Council  shall  issue  an  initial  or  renewal
25    license  to  a  drycleaning  facility  on  submission  by  an
26    applicant  of  a completed form prescribed by the Council and
27    proof of payment of the required fee  to  the  Department  of
28    Revenue.
29        (c)  The annual fees for licensure are as follows:
30             (1)  $500  for a facility that purchases 140 gallons
31        or less of chlorine-based drycleaning  solvents  annually
32        or  1400 gallons or less of hydrocarbon-based drycleaning
33        solvents annually.
 
                            -16-             LRB9104051ACtmam
 1             (2)  $1,000 for a facility that purchases more  than
 2        140  gallons  but less than 360 gallons of chlorine-based
 3        drycleaning solvents annually or more than  1400  gallons
 4        but   less   than   3600   gallons  of  hydrocarbon-based
 5        drycleaning solvents annually.
 6             (3)  $1,500  for  a  facility  that  purchases   360
 7        gallons  or  more  of chlorine-based drycleaning solvents
 8        annually or 3600 gallons  or  more  of  hydrocarbon-based
 9        drycleaning solvents annually.
10        For   purpose   of   this  subsection,  the  quantity  of
11    drycleaning solvents purchased annually shall  be  determined
12    as follows:
13             (1)  in  the  case  of  an  initial  applicant,  the
14        quantity  of  drycleaning  solvents  that  the  applicant
15        estimates  will be used during his or her initial license
16        year.  A fee assessed under this subdivision  is  subject
17        to audited adjustment for that year; or
18             (2)  in   the  case  of  a  renewal  applicant,  the
19        quantity of drycleaning solvents  actually  used  in  the
20        preceding license year.
21        The  Council  may adjust licensing fees annually based on
22    the published Consumer Price  Index  -  All  Urban  Consumers
23    ("CPI-U") or as otherwise determined by the Council.
24        (d)  A license issued under this Section shall expire one
25    year  after  the  date  of  issuance  and  may  be renewed on
26    reapplication to the  Council  and  submission  of  proof  of
27    payment  of  the appropriate fee to the Department of Revenue
28    in accordance with subsections (c) and (e).  At least 30 days
29    before payment of a renewal licensing fee is due, the Council
30    shall attempt to:
31             (1)  notify   the   operator   of   each    licensed
32        drycleaning  facility concerning the requirements of this
33        Section;  and
34             (2)  submit  a  license  fee  payment  form  to  the
 
                            -17-             LRB9104051ACtmam
 1        licensed operator of each drycleaning facility.
 2        (e)  An operator of a drycleaning facility  shall  submit
 3    the appropriate application form provided by the Council with
 4    the  license fee in the form of cash or guaranteed remittance
 5    to the Department of Revenue.  The license fee  payment  form
 6    and  the  actual license fee payment shall be administered by
 7    the  Department  of  Revenue  under  rules  adopted  by  that
 8    Department.
 9        (f)  The Department of Revenue shall  issue  a  proof  of
10    payment  receipt  to  each operator of a drycleaning facility
11    who has paid the appropriate fee in  cash  or  by  guaranteed
12    remittance.   However,  the  Department  of Revenue shall not
13    issue a proof of payment receipt to  a  drycleaning  facility
14    that is liable to the Department of Revenue for a tax imposed
15    under  this  Act.  The original receipt shall be presented to
16    the Council by the operator of a drycleaning facility.
17        (g)  An operator  of  a  dry  cleaning  facility  who  is
18    required to pay a license fee under this Act and fails to pay
19    the  license  fee  when  the  fee  is due shall be assessed a
20    penalty of $5 for each day after the license fee is  due  and
21    until the license fee is paid. The penalty shall be effective
22    for license fees due on or after July 1, 1999.
23        (h)  The  Council and the Department of Revenue may adopt
24    rules as necessary to administer the  licensing  requirements
25    of this Act.
26    (Source: P.A. 90-502, eff. 8-19-97.)

27        (415 ILCS 135/75)
28        Sec.  75. Adjustment of fees and taxes. Beginning January
29    1, 2000 1999, and annually after  that  date,  the    Council
30    shall  adjust  the  copayment obligation of subsection (e) of
31    Section 40, the drycleaning solvent taxes of Section 65,  the
32    license  fees of Section 60, or any combination of adjustment
33    of  each, after notice and opportunity for public comment, in
 
                            -18-             LRB9104051ACtmam
 1    a manner  determined  necessary  and  appropriate  to  ensure
 2    viability  of the Fund.  Viability of the Fund shall consider
 3    the   settlement   of   all   current   claims   subject   to
 4    prioritization of  benefits under subsection (c)  of  Section
 5    25, consistent with the purposes of this Act.
 6    (Source: P.A. 90-502, eff. 8-19-97.)

 7        (415 ILCS 135/80)
 8        Sec. 80.  Audits and reports.
 9        (a)  The  accounts, books, and other financial records of
10    the Council, including  but  not  limited  to  its  receipts,
11    disbursements,  contracts,  and other matters relating to its
12    finance,  operation,  and  affairs,  shall  be  examined  and
13    audited annually by the Auditor General  in  accordance  with
14    the  audit  standards  under the Illinois State Auditing Act.
15    This audit shall be provided to the Agency for review.
16        (b)  Upon request by the  Auditor  General,  the  Council
17    Agency shall retain a firm of certified public accountants to
18    examine  and audit the Council as described in subsection (a)
19    on behalf of the Auditor General.
20        (c)  The accounts, books, and other financial records  of
21    the  Council shall be maintained in accordance with the State
22    Records Act and accepted accounting practices established  by
23    the State.
24    (Source: P.A. 90-502, eff. 8-19-97.)

25        (415 ILCS 135/85)
26        Sec.  85.  Repeal  of fee and tax provisions. Sections 60
27    and 65 of this Act are repealed on  January  1,  2010  July1,
28    2007.
29    (Source: P.A. 90-502, eff. 8-19-97.)

30        Section  99.  Effective date.  This Act takes effect upon
31    becoming law.".

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