(415 ILCS 135/5)
Sec. 5.
Definitions.
As used in this Act:
(a) "Active drycleaning facility" means a drycleaning facility actively
engaged in drycleaning operations and licensed under Section 60 of this
Act.
(b) "Agency" means the Illinois Environmental Protection Agency.
(c) "Claimant" means an owner or operator of a drycleaning facility who has
applied for reimbursement from the remedial account or who has
submitted a claim under the insurance account with respect to a release.
(d) "Council" means the Drycleaner Environmental Response Trust Fund
Council.
(e) "Drycleaner Environmental Response Trust Fund" or "Fund" means the
fund created under Section 10 of this Act.
(f) "Drycleaning facility" means a facility located in this State that is
or has been engaged in drycleaning operations for the general public, other
than a:
(1) facility located on a United States military |
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(2) industrial laundry, commercial laundry, or linen
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(3) prison or other penal institution that engages
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in drycleaning only as part of a Correctional Industries program to provide drycleaning to persons who are incarcerated in a prison or penal institution or to resident patients of a State‑operated mental health facility;
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(4) not‑for‑profit hospital or other health care
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(5) facility located or formerly located on federal
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(g) "Drycleaning operations" means drycleaning of apparel and household
fabrics for the general public, as described in Standard Industrial
Classification Industry No. 7215 and No. 7216 in the Standard Industrial
Classification Manual (SIC) by the Technical Committee on Industrial
Classification.
(h) "Drycleaning solvent" means any and all nonaqueous solvents, including
but not limited to a chlorine‑based or petroleum‑based formulation or
product, including green solvents, that are used as a primary
cleaning agent in drycleaning operations.
(i) "Emergency" or "emergency action" means a situation or an
immediate response to a situation to protect public health or safety.
"Emergency" or
"emergency action" does not mean removal of
contaminated soils, recovery of free product, or financial hardship. An
"emergency" or "emergency action" would normally be
expected to be directly related to a sudden event or discovery and would
last until the threat to public health is mitigated.
(j) "Groundwater" means underground water that occurs within the saturated
zone and geologic materials where the fluid pressure in the pore space is equal
to or greater than the atmospheric pressure.
(k) "Inactive drycleaning facility" means a drycleaning facility that is not
being used for drycleaning operations and is not registered under this Act.
(l) "Maintaining a place of business in this State" or any like term means
(1) having or maintaining within this State, directly or through a subsidiary,
an
office, distribution facility, distribution house, sales house, warehouse, or
other place of business or (2) operating within this State as an agent or
representative for a person or a person's subsidiary engaged in the business
of selling to persons within this State, irrespective of whether the place of
business or agent or other representative is located in this State permanently
or temporary, or whether the person or the person's subsidiary engages in the
business of selling in this State.
(m) "No Further Remediation Letter" means a letter provided by the
Agency pursuant to Section 58.10 of Title XVII of the Environmental Protection
Act.
(n) "Operator" means a person or entity holding a business license to
operate a licensed drycleaning facility or the business operation of
which the drycleaning facility is a part.
(o) "Owner" means (1)
a person who owns or has possession or control of a drycleaning facility at
the time a release is discovered,
regardless of whether
the facility remains in operation or (2)
a parent corporation of the person under item (1) of this subdivision.
(p) "Parent corporation" means a business entity or other business
arrangement that has elements of common ownership or control or that
uses a long‑term contractual arrangement with a person to avoid direct
responsibility for conditions at a drycleaning facility.
(q) "Person" means an individual, trust, firm, joint stock company,
corporation, consortium, joint venture, or other commercial entity.
(r) "Program year" means the period beginning on
July 1 and ending on the
following June 30.
(s) "Release" means any spilling, leaking, emitting, discharging, escaping,
leaching, or dispersing of drycleaning solvents from a drycleaning facility
to groundwater, surface water, or subsurface soils.
(t) "Remedial action" means activities taken to comply with
Sections 58.6 and 58.7 of the Environmental Protection Act and
rules adopted by the Pollution Control Board under those Sections.
(u) "Responsible party" means an owner, operator, or other person
financially responsible for costs of remediation of a release of drycleaning
solvents
from a drycleaning facility.
(v) "Service provider" means a consultant, testing laboratory, monitoring
well installer, soil boring contractor, other contractor, lender, or any other
person who provides a product or service for which a claim for reimbursement
has been or will be filed against the remedial account or insurance account, or
a subcontractor of such a person.
(w) "Virgin facility" means a drycleaning facility that has never had
chlorine‑based or petroleum‑based drycleaning solvents
stored or used at the property prior to it becoming a
green solvent drycleaning facility.
(Source: P.A. 93‑201, eff. 1‑1‑04.)
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(415 ILCS 135/25)
Sec. 25.
Powers and duties of the Council.
(a) The Council shall have all of the general
powers reasonably necessary and convenient to carry out its purposes
and may perform the following functions, subject to any express
limitations contained
in
this Act:
(1) Take actions and enter into agreements necessary |
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to reimburse claimants for eligible remedial action expenses, assist the Agency to protect the environment from releases, reduce costs associated with remedial actions, and establish and implement an insurance program.
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(2) Acquire and hold personal property to be used
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for the purpose of remedial action.
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(3) Purchase, construct, improve, furnish, equip,
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lease, option, sell, exchange, or otherwise dispose of one or more improvements under the terms it determines. The Council may define "improvements" by rule for purposes of this Act.
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(4) Grant a lien, pledge, assignment, or other
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encumbrance on one or more revenues, assets of right, accounts, or funds established or received in connection with the Fund, including revenues derived from fees or taxes collected under this Act.
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(5) Contract for the acquisition or construction of
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one or more improvements or parts of one or more improvements or for the leasing, subleasing, sale, or other disposition of one or more improvements in a manner the Council determines.
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(6) Cooperate with the Agency in the implementation
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and administration of this Act to minimize unnecessary duplication of effort, reporting, or paperwork and to maximize environmental protection within the funding limits of this Act.
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(7) Except as otherwise provided by law, inspect any
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document in the possession of an owner, operator, service provider, or any other person if the document is relevant to a claim for reimbursement under this Section or may inspect a drycleaning facility for which a claim for benefits under this Act has been submitted.
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(b) The Council shall pre‑approve, and the contracting parties shall seek
pre‑approval for, a contract entered into under
this Act if the cost of the contract exceeds $75,000.
The
Council or its designee shall review and approve or disapprove
all contracts entered into under this Act. However, review by the Council or
its
designee shall not be required when an emergency situation exists.
All contracts entered into by the Council shall be awarded on a
competitive basis to the maximum extent practical. In those
situations where it is determined that bidding is not practical, the
basis for the determination of impracticability shall be documented
by the Council or its designee.
(c) The Council may prioritize the expenditure of funds from the
remedial action account whenever it determines that there are not
sufficient funds to settle all current claims. In prioritizing, the Council may
consider the
following:
(1) the degree to which human health is affected by
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the exposure posed by the release;
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(2) the reduction of risk to human health derived
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from remedial action compared to the cost of the remedial action;
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(3) the present and planned uses of the impacted
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(4) other factors as determined by the Council.
(d) The Council shall adopt rules allowing the direct payment from
the Fund to a contractor who performs remediation. The rules concerning the
direct payment shall include a provision that any applicable deductible must be
paid by the drycleaning facility prior to any direct payment from the Fund.
(e) The Council may purchase reinsurance coverage to reduce the
Fund's potential liability for reimbursement of remedial action costs.
(Source: P.A. 93‑201, eff. 1‑1‑04.)
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(415 ILCS 135/40)
Sec. 40.
Remedial action account.
(a) The remedial action account is established to provide reimbursement to
eligible
claimants for
drycleaning solvent investigation, remedial action planning, and
remedial action activities for existing drycleaning solvent contamination
discovered at their drycleaning facilities.
(b) The following persons are eligible for reimbursement from the remedial
action account:
(1) In the case of claimant who is the owner or |
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operator of an active drycleaning facility licensed by the Council under this Act at the time of application for remedial action benefits afforded under the Fund, the claimant is only eligible for reimbursement of remedial action costs incurred in connection with a release from that drycleaning facility, subject to any other limitations under this Act.
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(2) In the case of a claimant who is the owner of an
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inactive drycleaning facility and was the owner or operator of the drycleaning facility when it was an active drycleaning facility, the claimant is only eligible for reimbursement of remedial action costs incurred in connection with a release from the drycleaning facility, subject to any other limitations under this Act.
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(c) An eligible claimant requesting reimbursement from the remedial action
account shall meet all of the following:
(1) The claimant demonstrates that the source of the
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release is from the claimant's drycleaning facility.
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(2) At the time the release was discovered by the
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claimant, the claimant and the drycleaning facility were in compliance with the Agency reporting and technical operating requirements.
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(3) The claimant reported the release in a timely
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manner to the Agency in accordance with State law.
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(4) The claimant applying for reimbursement has not
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filed for bankruptcy on or after the date of his or her discovery of the release.
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(5) If the claimant is the owner or operator of an
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active drycleaning facility, the claimant has provided to the Council proof of implementation and maintenance of the following pollution prevention measures:
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(A) That all drycleaning solvent wastes
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generated at a drycleaning facility be managed in accordance with applicable State waste management laws and rules.
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(B) A prohibition on the discharge of wastewater
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from drycleaning machines or of drycleaning solvent from drycleaning operations to a sanitary sewer or septic tank or to the surface or in groundwater.
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(C) That every drycleaning facility:
(I) install a containment dike or other
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containment structure around each machine, item of equipment, drycleaning area, and portable waste container in which any drycleaning solvent is utilized, which shall be capable of containing leaks, spills, or releases of drycleaning solvent from that machine, item, area, or container. The containment dike or other containment structure shall be capable of at least the following: (i) containing a capacity of 110% of the drycleaning solvent in the largest tank or vessel within the machine; (ii) containing 100% of the drycleaning solvent of each item of equipment or drycleaning area; and (iii) containing 100% of the drycleaning solvent of the largest portable waste container or at least 10% of the total volume of the portable waste containers stored within the containment dike or structure, whichever is greater.
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Petroleum underground storage tank systems
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that are upgraded in accordance with USEPA upgrade standards pursuant to 40 CFR Part 280 for the tanks and related piping systems and use a leak detection system approved by the USEPA or IEPA are exempt from this secondary containment requirement; and
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(II) seal or otherwise render impervious
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those portions of diked floor surfaces on which a drycleaning solvent may leak, spill, or otherwise be released.
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(D) A requirement that all drycleaning solvent
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shall be delivered to drycleaning facilities by means of closed, direct‑coupled delivery systems.
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(6) An active drycleaning facility has maintained
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continuous financial assurance for environmental liability coverage in the amount of at least $500,000 at least since the date of award of benefits under this Section or July 1, 2000, whichever is earlier. An uninsured drycleaning facility that has filed an application for insurance with the Fund by January 1, 2004, obtained insurance through that application, and maintained that insurance coverage continuously shall be considered to have conformed with the requirements of this subdivision (6). To conform with this requirement the applicant must pay the equivalent of the total premiums due for the period beginning June 30, 2000 through the date of application plus a 20% penalty of the total premiums due for that period.
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(7) The release was discovered on or after July 1,
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1997 and before July 1, 2006.
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(d) A claimant shall submit a completed application form
provided by the Council. The application shall contain documentation of
activities, plans, and expenditures associated with the eligible costs
incurred in response to a release of drycleaning solvent from a
drycleaning facility. Application for remedial action account benefits must be
submitted to the Council on or before June 30, 2005.
(e) Claimants shall be subject to the following deductible requirements,
unless modified pursuant to the Council's authority under
Section 75:
(1) An eligible claimant submitting a claim for an
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active drycleaning facility is responsible for the first $5,000 of eligible investigation costs and for the first $10,000 of eligible remedial action costs incurred in connection with the release from the drycleaning facility and is only eligible for reimbursement for costs that exceed those amounts, subject to any other limitations of this Act.
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(2) An eligible claimant submitting a claim for an
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inactive drycleaning facility is responsible for the first $10,000 of eligible investigation costs and for the first $10,000 of eligible remedial action costs incurred in connection with the release from that drycleaning facility, and is only eligible for reimbursement for costs that exceed those amounts, subject to any other limitations of this Act.
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(f) Claimants are subject to the following limitations on reimbursement:
(1) Subsequent to meeting the deductible
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requirements of subsection (e), and pursuant to the requirements of Section 75, reimbursement shall not exceed $300,000 per active drycleaning facility and $50,000 per inactive drycleaning facility.
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(2) A contract in which one of the parties to the
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contract is a claimant, for goods or services that may be payable or reimbursable from the Council, is void and unenforceable unless and until the Council has found that the contract terms are within the range of usual and customary rates for similar or equivalent goods or services within this State and has found that the goods or services are necessary for the claimant to comply with Council standards or other applicable regulatory standards.
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(3) A claimant may appoint the Council as an agent
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for the purposes of negotiating contracts with suppliers of goods or services reimbursable by the Fund. The Council may select another contractor for goods or services other than the one offered by the claimant if the scope of the proposed work or actual work of the claimant's offered contractor does not reflect the quality of workmanship required or if the costs are determined to be excessive, as determined by the Council.
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(4) The Council may require a claimant to obtain and
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submit 3 bids and may require specific terms and conditions in a contract subject to approval.
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(5) The Council may enter into a contract or an
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exclusive contract with the supplier of goods or services required by a claimant or class of claimants, in connection with an expense reimbursable from the Fund, for a specified good or service at a gross maximum price or fixed rate, and may limit reimbursement accordingly.
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(6) Unless emergency conditions exist, a service
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provider shall obtain the Council's approval of the budget for the remediation work before commencing the work. No expense incurred that is above the budgeted amount shall be paid unless the Council approves the expense prior to its being incurred. All invoices and bills relating to the remediation work shall be submitted with appropriate documentation, as deemed necessary by the Council, not later than 30 days after the work has been performed.
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(7) Neither the Council nor an eligible claimant is
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responsible for payment for costs incurred that have not been previously approved by the Council, unless an emergency exists.
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(8) The Council may determine the usual and
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customary costs of each item for which reimbursement may be awarded under this Section. The Council may revise the usual and customary costs from time to time as necessary, but costs submitted for reimbursement shall be subject to the rates in effect at the time the costs were incurred.
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(9) If a claimant has pollution liability insurance
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coverage other than coverage provided by the insurance account under this Act, that coverage shall be primary. Reimbursement from the remedial account shall be limited to the deductible amounts under the primary coverage and the amount that exceeds the policy limits of the primary coverage, subject to the deductible amounts of this Act. If there is a dispute between the claimant and the primary insurance provider, reimbursement from the remedial action account may be made to the claimant after the claimant assigns all of his or her interests in the insurance coverage to the Council.
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(g) The source of funds for the remedial action account shall be moneys
allocated to the account by the Council according to the Fund budget
approved by the Council.
(h) A drycleaning facility will be classified as active or inactive for
purposes of
determining benefits under this Section based on the status of the facility
on the date a claim is filed.
(i) Eligible claimants shall conduct remedial action in accordance with
the
Site Remediation Program under the Environmental Protection Act and Part 740 of
Title 35 of the Illinois Administrative Code and the Tiered Approach to Cleanup
Objectives under Part 742 of Title 35 of the Illinois Administrative Code.
(Source: P.A. 93‑201, eff. 1‑1‑04.)
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(415 ILCS 135/45)
Sec. 45.
Insurance account.
(a) The insurance account shall offer financial assurance for a qualified
owner
or operator of a drycleaning facility under the terms and conditions provided
for under this Section. Coverage may be provided to either the owner or the
operator of a drycleaning facility. The
Council is not required to resolve whether the owner or operator, or both,
are responsible for a release under the terms of an agreement between
the owner and operator.
(b) The source of funds for the insurance account shall be as follows:
(1) Moneys appropriated to the Council or moneys |
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allocated to the insurance account by the Council according to the Fund budget approved by the Council.
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(2) Moneys collected as an insurance premium,
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including service fees, if any.
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(3) Investment income attributed to the insurance
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(c) An owner or operator may purchase
coverage of up to $500,000 per drycleaning facility subject to the terms and
conditions under this Section and those adopted by the Council. Coverage
shall be limited to remedial action costs associated with soil and
groundwater contamination resulting from a release of drycleaning solvent
at an insured drycleaning facility, including third‑party liability for soil
and groundwater contamination. Coverage is not provided for a release
that occurred before the date of coverage.
(d) An
owner or operator, subject to underwriting requirements and terms
and conditions deemed necessary and convenient by the Council, may
purchase insurance coverage from the insurance account provided that
the drycleaning facility to be insured meets the following conditions:
(1) a site investigation designed to identify soil
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and groundwater contamination resulting from the release of a drycleaning solvent has been completed. The Council shall determine if the site investigation is adequate. This investigation must be completed by June 30, 2006. For drycleaning facilities that apply for insurance coverage after June 30, 2006, the site investigation must be completed prior to issuance of insurance coverage; and
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(2) the drycleaning facility is participating in and
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meets all requirements of a drycleaning compliance program approved by the Council.
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(e) The annual premium for insurance coverage shall be:
(1) For the year July 1, 1999 through June 30, 2000,
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$250 per drycleaning facility.
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(2) For the year July 1, 2000 through June 30, 2001,
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$375 per drycleaning facility.
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(3) For the year July 1, 2001 through June 30, 2002,
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$500 per drycleaning facility.
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(4) For the year July 1, 2002 through June 30, 2003,
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$625 per drycleaning facility.
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(5) For subsequent years, an owner or operator
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applying for coverage shall pay an annual actuarially‑sound insurance premium for coverage by the insurance account. The Council may approve Fund coverage through the payment of a premium established on an actuarially‑sound basis, taking into consideration the risk to the insurance account presented by the insured. Risk factor adjustments utilized to determine actuarially‑sound insurance premiums should reflect the range of risk presented by the variety of drycleaning systems, monitoring systems, drycleaning volume, risk management practices, and other factors as determined by the Council. As used in this item, "actuarially sound" is not limited to Fund premium revenue equaling or exceeding Fund expenditures for the general drycleaning facility population. Actuarially‑determined premiums shall be published at least 180 days prior to the premiums becoming effective.
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(f) If coverage is purchased for any part of a year, the purchaser shall pay
the full annual premium. The insurance premium is fully earned upon issuance
of the insurance policy.
(g) The insurance coverage shall be provided with a
$10,000 deductible policy.
(h) A future repeal of this Section shall not terminate
the
obligations under this Section or authority necessary to administer the
obligations until the obligations are satisfied, including but not limited to
the payment of claims filed prior
to the effective date of any future repeal against the insurance account until
moneys in the account are exhausted. Upon exhaustion of the
moneys in the account, any remaining claims shall be invalid. If moneys remain
in the account following
satisfaction of the obligations under this Section,
the remaining moneys and moneys due the account shall be
used to assist current insureds to obtain a viable insuring mechanism as
determined by the Council after public notice and opportunity for
comment.
(Source: P.A. 93‑201, eff. 1‑1‑04.)
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(415 ILCS 135/60)
(Section scheduled to be repealed on January 1, 2020)
Sec. 60.
Drycleaning facility license.
(a) On and after January 1, 1998, no person shall operate a drycleaning
facility in this State without a license issued by the Council.
(b) The Council shall issue an initial or renewal license to a drycleaning
facility on submission by an applicant of a completed form prescribed by the
Council and proof of payment of the required fee to the Department of Revenue.
(c) On or after January 1, 2004, the annual fees for licensure are as
follows:
(1) $500 for a facility that uses (i) 50 gallons or |
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less of chlorine‑based or green drycleaning solvents annually, (ii) 250 or less gallons annually of hydrocarbon‑based drycleaning solvents in a drycleaning machine equipped with a solvent reclaimer, or (iii) 500 gallons or less annually of hydrocarbon‑based drycleaning solvents in a drycleaning machine without a solvent reclaimer.
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(2) $500 for a facility that uses (i) more than 50
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gallons but not more than 100 gallons of chlorine‑based or green drycleaning solvents annually, (ii) more than 250 gallons but not more 500 gallons annually of hydrocarbon‑based solvents in a drycleaning machine equipped with a solvent reclaimer, or (iii) more than 500 gallons but not more than 1,000 gallons annually of hydrocarbon‑based drycleaning solvents in a drycleaning machine without a solvent reclaimer.
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(3) $500 for a facility that uses (i) more than 100
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gallons but not more than 150 gallons of chlorine‑based or green drycleaning solvents annually, (ii) more than 500 gallons but not more than 750 gallons annually of hydrocarbon‑based solvents in a drycleaning machine equipped with a solvent reclaimer, or (iii) more than 1,000 gallons but not more than 1,500 gallons annually of hydrocarbon‑based drycleaning solvents in a drycleaning machine without a solvent reclaimer.
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(4) $1,000 for a facility that uses (i) more than
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150 gallons but not more than 200 gallons of chlorine‑based or green drycleaning solvents annually, (ii) more than 750 gallons but not more than 1,000 gallons annually of hydrocarbon‑based solvents in a drycleaning machine equipped with a solvent reclaimer, or (iii) more than 1,500 gallons but not more than 2,000 gallons annually of hydrocarbon‑based drycleaning solvents in a drycleaning machine without a solvent reclaimer.
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(5) $1,000 for a facility that uses (i) more than
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200 gallons but not more than 250 gallons of chlorine‑based or green drycleaning solvents annually, (ii) more than 1,000 gallons but not more than 1,250 gallons annually of hydrocarbon‑based solvents in a drycleaning machine equipped with a solvent reclaimer, or (iii) more than 2,000 gallons but not more than 2,500 gallons annually of hydrocarbon‑based drycleaning solvents in a drycleaning machine without a solvent reclaimer.
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(6) $1,000 for a facility that uses (i) more than
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250 gallons but not more than 300 gallons of chlorine‑based or green drycleaning solvents annually, (ii) more than 1,250 gallons but not more than 1,500 gallons annually of hydrocarbon‑based solvents in a drycleaning machine equipped with a solvent reclaimer, or (iii) more than 2,500 gallons but not more than 3,000 gallons annually of hydrocarbon‑based drycleaning solvents in a drycleaning machine without a solvent reclaimer.
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(7) $1,000 for a facility that uses (i) more than
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300 gallons but not more than 350 gallons of chlorine‑based or green drycleaning solvents annually, (ii) more than 1,500 gallons but not more than 1,750 gallons annually of hydrocarbon‑based solvents in a drycleaning machine equipped with a solvent reclaimer, or (iii) more than 3,000 gallons but not more than 3,500 gallons annually of hydrocarbon‑based drycleaning solvents in a drycleaning machine without a solvent reclaimer.
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(8) $1,500 for a facility that uses (i) more than
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350 gallons but not more than 400 gallons of chlorine‑based or green drycleaning solvents annually, (ii) more than 1,750 gallons but not more than 2,000 gallons annually of hydrocarbon‑based solvents in a drycleaning machine equipped with a solvent reclaimer, or (iii) more than 3,500 gallons but not more than 4,000 gallons annually of hydrocarbon‑based drycleaning solvents in a drycleaning machine without a solvent reclaimer.
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(9) $1,500 for a facility that uses (i) more than
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400 gallons but not more than 450 gallons of chlorine‑based or green drycleaning solvents annually, (ii) more than 2,000 gallons but not more than 2,250 gallons annually of hydrocarbon‑based solvents in a drycleaning machine equipped with a solvent reclaimer, or (iii) more than 4,000 gallons but not more than 4,500 gallons annually of hydrocarbon‑based drycleaning solvents in a drycleaning machine without a solvent reclaimer.
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(10) $1,500 for a facility that uses (i) more than
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450 gallons but not more than 500 gallons of chlorine‑based or green drycleaning solvents annually, (ii) more than 2,250 gallons but not more than 2,500 gallons annually of hydrocarbon‑based solvents used in a drycleaning machine equipped with a solvent reclaimer, or (iii) more than 4,500 gallons but not more than 5,000 gallons annually of hydrocarbon‑based drycleaning solvents in a drycleaning machine without a solvent reclaimer.
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(11) $1,500 for a facility that uses (i) more than
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500 gallons but not more than 550 gallons of chlorine‑based or green drycleaning solvents annually, (ii) more than 2,500 gallons but not more than 2,750 gallons annually of hydrocarbon‑based solvents in a drycleaning machine equipped with a solvent reclaimer, or (iii) more than 5,000 gallons but not more than 5,500 gallons annually of hydrocarbon‑based drycleaning solvents in a drycleaning machine without a solvent reclaimer.
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(12) $1,500 for a facility that uses (i) more than
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550 gallons but not more than 600 gallons of chlorine‑based or green drycleaning solvents annually, (ii) more than 2,750 gallons but not more than 3,000 gallons annually of hydrocarbon‑based solvents in a drycleaning machine equipped with a solvent reclaimer, or (iii) more than 5,500 gallons but not more than 6,000 gallons annually of hydrocarbon‑based drycleaning solvents in a drycleaning machine without a solvent reclaimer.
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(13) $1,500 for a facility that uses (i) more than
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600 gallons of chlorine‑based or green drycleaning solvents annually, (ii) more than 3,000 gallons but not more than 3,250 gallons annually of hydrocarbon‑based solvents in a drycleaning machine equipped with a solvent reclaimer, or (iii) more than 6,000 gallons of hydrocarbon‑based drycleaning solvents annually in a drycleaning machine equipped without a solvent reclaimer.
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(14) $1,500 for a facility that uses more than 3,250
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gallons but not more than 3,500 gallons annually of hydrocarbon‑based solvents in a drycleaning machine equipped with a solvent reclaimer.
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(15) $1,500 for a facility that uses more than 3,500
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gallons but not more than 3,750 gallons annually of hydrocarbon‑based solvents used in a drycleaning machine equipped with a solvent reclaimer.
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(16) $1,500 for a facility that uses more than 3,750
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gallons but not more than 4,000 gallons annually of hydrocarbon‑based solvents in a drycleaning machine equipped with a solvent reclaimer.
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(17) $1,500 for a facility that uses more than 4,000
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gallons annually of hydrocarbon‑based solvents in a drycleaning machine equipped with a solvent reclaimer.
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For purpose of this subsection, the quantity of drycleaning solvents
used annually shall be determined as follows:
(1) in the case of an initial applicant, the
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quantity of drycleaning solvents that the applicant estimates will be used during his or her initial license year. A fee assessed under this subdivision is subject to audited adjustment for that year; or
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(2) in the case of a renewal applicant, the quantity
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of drycleaning solvents actually used in the preceding license year.
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The Council may adjust licensing fees annually based on the published
Consumer Price Index ‑ All Urban Consumers ("CPI‑U") or as otherwise determined
by the Council.
(d) A license issued under this Section shall expire one year after the date
of issuance and may be renewed on reapplication to the Council and submission
of proof of payment of the appropriate fee to the Department of Revenue in
accordance with subsections (c) and (e). At least 30 days before payment of a
renewal licensing fee is due, the Council shall attempt to:
(1) notify the operator of each licensed drycleaning
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facility concerning the requirements of this Section; and
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(2) submit a license fee payment form to the
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licensed operator of each drycleaning facility.
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(e) An operator of a drycleaning facility shall submit the appropriate
application form provided by the Council with the license fee in the form of
cash or guaranteed remittance to the Department of Revenue.
The license fee payment form and the actual license fee payment shall be
administered by the Department of Revenue under rules adopted by that
Department.
(f) The Department of Revenue shall issue a proof of payment receipt to
each operator of a drycleaning facility who has paid the appropriate fee in
cash or by guaranteed remittance. However, the Department of Revenue shall not
issue a proof of payment receipt to a drycleaning facility that is liable to
the Department of Revenue for a tax imposed under this Act. The original
receipt shall be presented to the Council by the operator of a drycleaning
facility.
(g) An operator of a dry cleaning facility who is required to pay a license
fee under this Act and fails to pay the license fee when the fee is due may be assessed a penalty of $5 for each day after the license fee is due
and until the license fee is paid. The penalty shall be effective for license
fees due on or after July 1, 1999.
(h) The Council and the Department of Revenue may adopt rules as necessary
to administer the licensing
requirements of this Act.
(Source: P.A. 93‑201, eff. 1‑1‑04.)
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