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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 initial7"program year" means the period beginning on July 1, 1997 or8on the effective date of this Act and ending on June 30, 19989. 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 of3certified public accountants to annually examine and audit4the 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 30,231997, the Comptroller shall order transferred and the24Treasurer shall transfer from the General Revenue Fund to the25Drycleaner Environmental Response Trust Fund $375,000 for the26ordinary and contingent expenses of the Council. As soon as27may be practicable after December 31, 1997, the Comptroller28shall order transferred and the Treasurer shall transfer from29the Drycleaner Environmental Response Trust Fund to the30General Revenue Fund $375,000 plus interest at the rate of 6%31per 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, 20001998, whichever is earlier. 6 (7) The release was discovered on or after July 1, 7 1997 and before July 1, 20042002. 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, 20032002. 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 8initialprogram 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, 20001998; 12 (C) $140,000 per active drycleaning facility 13 for which an eligible claim is submitted during the 14 program year beginning July 1, 20011999; 15 (D) $130,000 per active drycleaning facility 16 for which an eligible claim is submitted during the 17 program year beginning July 1, 20022000; 18 (E) $120,000 per active drycleaning facility 19 for which an eligible claim is submitted during the 20 program year beginning July 1, 20032001; 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 332002. For drycleaning facilities that become active 34 after June 30, 20032002, 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 7initial program year, $250 per drycleaning facility. 8 (2) For the year July 1, 20001998through June 30, 9 20011999, $375 per drycleaning facility. 10 (3) For the year July 1, 20011999through June 30, 11 20022000, $500 per drycleaning facility. 12 (4) For the year July 1, 20022000through June 30, 13 20032001, $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, 20001999, 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 17Agencyshall 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, 2010July1,282007. 29 (Source: P.A. 90-502, eff. 8-19-97.) 30 Section 99. Effective date. This Act takes effect upon 31 becoming law.".