Bill Text: IL HB0209 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends the Drycleaner Environmental Response Trust Fund Act. Provides that an active drycleaning facility that has previously received or is currently receiving reimbursement for the costs of a remedial action shall maintain continuous financial assurance for environmental liability coverage in the amount of at least $500,000 until the earlier of (i) July 1, 2030 (was previously January 1, 2020) or (ii) the date the Drycleaner Environmental Response Trust Fund Council determines the drycleaning facility is an inactive drycleaning facility. Provides that the annual license period for a license issued under this Act shall be from January 1 through December 31 each year and may be renewed on reapplication to the Council and submission of proof of payment of the appropriate fee to the Council (previously, the fee was paid to the Department of Revenue). Makes corresponding changes. Provides that no person shall sell or transfer drycleaning solvent to an operator of a drycleaning facility that is not licensed by the Council under the Act (previously provided that no person shall knowingly sell or transfer those materials). Extends the repeal of specified provisions from January 1, 2020 to July 1, 2030.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2015-05-19 - Added Co-Sponsor Rep. William Davis [HB0209 Detail]
Download: Illinois-2015-HB0209-Introduced.html
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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Drycleaner Environmental Response Trust | |||||||||||||||||||||||||
5 | Fund Act is amended by changing Sections 40, 60, 65, and 85 as | |||||||||||||||||||||||||
6 | follows:
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7 | (415 ILCS 135/40)
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8 | Sec. 40. Remedial action account.
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9 | (a) The remedial action account is established to provide | |||||||||||||||||||||||||
10 | reimbursement to
eligible
claimants for
drycleaning solvent | |||||||||||||||||||||||||
11 | investigation, remedial action planning, and
remedial action | |||||||||||||||||||||||||
12 | activities for existing drycleaning solvent contamination
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13 | discovered at their drycleaning facilities.
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14 | (b) The following persons are eligible for reimbursement | |||||||||||||||||||||||||
15 | from the remedial
action account:
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16 | (1) In the case of claimant who is the owner or | |||||||||||||||||||||||||
17 | operator of an active
drycleaning
facility licensed by the | |||||||||||||||||||||||||
18 | Council under this Act at the time of application for
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19 | remedial action benefits afforded under
the Fund, the
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20 | claimant is only eligible for reimbursement of remedial
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21 | action costs incurred in connection with a release
from | |||||||||||||||||||||||||
22 | that drycleaning facility,
subject to any other | |||||||||||||||||||||||||
23 | limitations under this Act.
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1 | (2) In the case of a claimant who is the owner of an | ||||||
2 | inactive drycleaning
facility and
was the owner or operator | ||||||
3 | of the drycleaning facility when it was
an active | ||||||
4 | drycleaning facility, the claimant is only eligible for
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5 | reimbursement of remedial action costs incurred in
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6 | connection with a release from the drycleaning facility,
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7 | subject to any other limitations under
this Act.
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8 | (c) An eligible claimant requesting reimbursement from the | ||||||
9 | remedial action
account shall meet all of the following:
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10 | (1) The claimant demonstrates that the source of the | ||||||
11 | release is from
the claimant's drycleaning facility.
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12 | (2) At the time the release was discovered by the | ||||||
13 | claimant, the claimant
and the drycleaning facility were in | ||||||
14 | compliance with the Agency reporting
and technical | ||||||
15 | operating requirements.
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16 | (3) The claimant reported the release in a timely | ||||||
17 | manner to
the Agency in accordance with State law.
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18 | (4) (Blank).
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19 | (5) If the claimant is the owner or operator of an | ||||||
20 | active drycleaning
facility, the claimant has provided to | ||||||
21 | the Council proof of implementation and
maintenance of the | ||||||
22 | following pollution prevention measures:
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23 | (A) That all drycleaning solvent wastes generated | ||||||
24 | at a drycleaning
facility be managed in accordance with | ||||||
25 | applicable State
waste management laws and rules.
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26 | (B) A prohibition on the discharge of wastewater |
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1 | from drycleaning
machines or of drycleaning solvent | ||||||
2 | from drycleaning
operations to a sanitary sewer or | ||||||
3 | septic tank or to the
surface or in groundwater.
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4 | (C) That every drycleaning facility:
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5 | (I) install a containment dike or other | ||||||
6 | containment
structure around each machine, item of | ||||||
7 | equipment, drycleaning area, and portable waste | ||||||
8 | container in which
any
drycleaning solvent is | ||||||
9 | utilized, which shall be capable
of containing | ||||||
10 | leaks, spills, or releases of
drycleaning
solvent | ||||||
11 | from that machine, item, area, or container. The | ||||||
12 | containment
dike or other containment structure | ||||||
13 | shall be capable of at least the following:
(i) | ||||||
14 | containing a capacity of 110% of the drycleaning | ||||||
15 | solvent in the largest
tank or vessel within the | ||||||
16 | machine; (ii) containing 100% of the drycleaning
| ||||||
17 | solvent of each item of equipment or drycleaning | ||||||
18 | area; and (iii) containing
100% of the drycleaning | ||||||
19 | solvent of the largest portable waste container or | ||||||
20 | at
least 10% of the total volume of the portable | ||||||
21 | waste containers stored within
the containment | ||||||
22 | dike or structure, whichever is greater.
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23 | Petroleum underground storage tank systems | ||||||
24 | that are upgraded in
accordance with USEPA upgrade | ||||||
25 | standards pursuant to 40 CFR Part 280 for the
tanks | ||||||
26 | and
related piping systems and use a leak detection |
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1 | system approved by the USEPA or
IEPA are exempt | ||||||
2 | from this secondary containment requirement; and
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3 | (II) seal or otherwise render impervious those | ||||||
4 | portions of
diked floor surfaces on which a | ||||||
5 | drycleaning
solvent may leak, spill, or otherwise | ||||||
6 | be released.
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7 | (D) A requirement that all drycleaning solvent | ||||||
8 | shall be delivered
to drycleaning facilities by means | ||||||
9 | of closed, direct-coupled
delivery systems.
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10 | (6) An active drycleaning facility has maintained | ||||||
11 | continuous financial
assurance for environmental liability | ||||||
12 | coverage in the amount of at least
$500,000 at least since | ||||||
13 | the date of award of benefits under this Section
or July 1, | ||||||
14 | 2000, whichever is earlier.
An uninsured drycleaning | ||||||
15 | facility that
has filed an application for insurance with | ||||||
16 | the Fund by January 1, 2004,
obtained insurance through | ||||||
17 | that application, and maintained that insurance
coverage | ||||||
18 | continuously shall be considered to have conformed with the
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19 | requirements of this subdivision (6). To conform with this | ||||||
20 | requirement the
applicant must pay the equivalent of the | ||||||
21 | total premiums due for the period
beginning June 30, 2000 | ||||||
22 | through the date of application plus a 20% penalty of
the | ||||||
23 | total premiums due for that period.
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24 | (7) The release was discovered on or after July
1, 1997 | ||||||
25 | and before July 1, 2006.
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26 | (d) A claimant shall submit a completed application form
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1 | provided by the Council. The application shall contain | ||||||
2 | documentation of
activities, plans, and expenditures | ||||||
3 | associated with the eligible costs
incurred in response to a | ||||||
4 | release of drycleaning solvent from a
drycleaning facility. | ||||||
5 | Application for remedial action account benefits must be
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6 | submitted to the Council on or before June 30, 2005.
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7 | (e) Claimants shall be subject to the following deductible | ||||||
8 | requirements,
unless modified pursuant to the Council's | ||||||
9 | authority under
Section 75:
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10 | (1) An eligible claimant submitting a claim
for an | ||||||
11 | active drycleaning facility is responsible for the first | ||||||
12 | $5,000 of
eligible investigation costs and for the first | ||||||
13 | $10,000 of eligible remedial
action costs incurred in | ||||||
14 | connection with the release from the drycleaning
facility | ||||||
15 | and is only eligible for reimbursement for costs that | ||||||
16 | exceed
those amounts, subject to any other limitations of | ||||||
17 | this Act.
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18 | (2) An eligible claimant submitting a
claim for an | ||||||
19 | inactive drycleaning facility is responsible for the first | ||||||
20 | $10,000
of eligible investigation costs and for the first | ||||||
21 | $10,000 of eligible remedial
action costs incurred in | ||||||
22 | connection with the release from that drycleaning
| ||||||
23 | facility, and is only eligible for reimbursement for costs | ||||||
24 | that exceed
those amounts, subject to any other limitations | ||||||
25 | of this Act.
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26 | (f) Claimants are subject to the following limitations on |
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1 | reimbursement:
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2 | (1) Subsequent to meeting the deductible requirements | ||||||
3 | of
subsection (e), and pursuant to the requirements of | ||||||
4 | Section 75,
reimbursement shall not exceed $300,000 per | ||||||
5 | active drycleaning facility and
$50,000 per inactive | ||||||
6 | drycleaning facility.
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7 | (2) A contract in which one of the parties to the | ||||||
8 | contract is a claimant,
for goods or services that may be | ||||||
9 | payable or reimbursable from
the Council, is void and | ||||||
10 | unenforceable unless and until the Council has found
that | ||||||
11 | the
contract terms are within the range of usual and | ||||||
12 | customary rates
for similar or equivalent goods or services | ||||||
13 | within this State and
has found that the goods or services | ||||||
14 | are necessary for the claimant to
comply with Council | ||||||
15 | standards or other applicable regulatory standards.
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16 | (3) A claimant may appoint the Council as an agent for | ||||||
17 | the purposes of
negotiating contracts with suppliers of | ||||||
18 | goods or services
reimbursable by the Fund. The Council may | ||||||
19 | select another
contractor for goods or services other than | ||||||
20 | the one offered by the
claimant if the scope of the | ||||||
21 | proposed work or actual work of the
claimant's offered | ||||||
22 | contractor does not reflect the quality of workmanship
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23 | required or if the costs are determined to be excessive, as | ||||||
24 | determined by the
Council.
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25 | (4) The Council may require a claimant to obtain and | ||||||
26 | submit 3 bids
and may require specific terms and conditions |
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1 | in a
contract subject to approval.
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2 | (5) The Council may enter into a contract or an | ||||||
3 | exclusive contract with
the supplier of goods or services | ||||||
4 | required by a claimant or class of
claimants, in connection | ||||||
5 | with an expense reimbursable from the
Fund, for a specified | ||||||
6 | good or service at a gross maximum
price or fixed rate, and | ||||||
7 | may limit reimbursement accordingly.
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8 | (6) Unless emergency conditions exist, a service | ||||||
9 | provider shall
obtain the Council's approval of the budget | ||||||
10 | for the remediation work
before commencing the work. No | ||||||
11 | expense incurred that is above the budgeted
amount shall be | ||||||
12 | paid unless the Council approves
the expense prior to its | ||||||
13 | being incurred. All invoices and bills relating to
the | ||||||
14 | remediation work shall be submitted with appropriate | ||||||
15 | documentation, as
deemed
necessary by the Council.
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16 | (7) Neither the Council nor an eligible claimant is | ||||||
17 | responsible for
payment for
costs incurred that have not | ||||||
18 | been previously approved by the
Council, unless an | ||||||
19 | emergency exists.
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20 | (8) The Council may determine the usual and customary | ||||||
21 | costs of each
item for which reimbursement may be awarded | ||||||
22 | under this Section.
The Council may revise the usual and | ||||||
23 | customary costs from time
to time as necessary, but costs | ||||||
24 | submitted for reimbursement shall
be subject to the rates | ||||||
25 | in effect at the time the costs were
incurred.
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26 | (9) If a claimant has pollution liability insurance |
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1 | coverage other than
coverage provided by the insurance | ||||||
2 | account under this Act,
that coverage shall be primary. | ||||||
3 | Reimbursement from the remedial
account shall be limited to | ||||||
4 | the deductible amounts under the primary
coverage and the
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5 | amount that exceeds the policy limits of the primary | ||||||
6 | coverage,
subject to the deductible amounts of this Act. If | ||||||
7 | there is a
dispute between the claimant and the primary | ||||||
8 | insurance provider,
reimbursement from the remedial action | ||||||
9 | account may be made to the claimant
after the claimant
| ||||||
10 | assigns all of his or her interests in the insurance | ||||||
11 | coverage to the Council.
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12 | (g) The source of funds for the remedial action account | ||||||
13 | shall be moneys
allocated to the account by the Council | ||||||
14 | according to the Fund budget
approved by the Council.
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15 | (h) A drycleaning facility will be classified as active or | ||||||
16 | inactive for
purposes of
determining benefits under this | ||||||
17 | Section based on the status of the facility
on the date a claim | ||||||
18 | is filed.
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19 | (i) Eligible claimants shall conduct remedial action in | ||||||
20 | accordance with
the
Site Remediation Program under the | ||||||
21 | Environmental Protection Act and Part 740 of
Title 35 of the | ||||||
22 | Illinois Administrative Code and the Tiered Approach to Cleanup
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23 | Objectives under Part 742 of Title 35 of the Illinois | ||||||
24 | Administrative Code.
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25 | (j) Effective January 1, 2012, an active drycleaning | ||||||
26 | facility that has previously received or is currently receiving |
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1 | reimbursement for the costs of a remedial action, as defined in | ||||||
2 | this Act, shall maintain continuous financial assurance for | ||||||
3 | environmental liability coverage in the amount of at least | ||||||
4 | $500,000 until the earlier of (i) July 1, 2030 January 1, 2020 | ||||||
5 | or (ii) the date the Council determines the drycleaning | ||||||
6 | facility is an inactive drycleaning facility. Failure to comply | ||||||
7 | with this requirement will result in the revocation of the | ||||||
8 | drycleaning facility's existing license and in the inability of | ||||||
9 | the drycleaning facility to obtain or renew a license under | ||||||
10 | Section 60 of this Act. | ||||||
11 | (Source: P.A. 96-774, eff. 1-1-10; 97-377, eff. 1-1-12.)
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12 | (415 ILCS 135/60)
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13 | (Section scheduled to be repealed on January 1, 2020)
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14 | Sec. 60. Drycleaning facility license.
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15 | (a) On and after January 1, 1998, no person shall operate a | ||||||
16 | drycleaning
facility in this State without a license issued by | ||||||
17 | the Council.
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18 | (b) The Council shall issue an initial or renewal license | ||||||
19 | to a drycleaning
facility on submission by an applicant of a | ||||||
20 | completed form prescribed by the
Council, proof of payment of | ||||||
21 | the required fee to the Council Department of Revenue , and, if | ||||||
22 | the drycleaning facility has previously received or is | ||||||
23 | currently receiving reimbursement for the costs of a remedial | ||||||
24 | action, as defined in this Act, proof of compliance with | ||||||
25 | subsection (j) of Section 40. Beginning January 1, 2013, |
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1 | license renewal application forms must include a certification | ||||||
2 | by the applicant that all hazardous waste stored at the | ||||||
3 | drycleaning facility is stored in accordance with all | ||||||
4 | applicable federal and state laws and regulations, and that all | ||||||
5 | hazardous waste transported from the drycleaning facility is | ||||||
6 | transported in accordance with all applicable federal and state | ||||||
7 | laws and regulations. Also, beginning January 1, 2013, license | ||||||
8 | renewal applications must include copies of all manifests for | ||||||
9 | hazardous waste transported from the drycleaning facility | ||||||
10 | during the previous 12 months or since the last submission of | ||||||
11 | copies of manifests, whichever is longer. If the Council does | ||||||
12 | not receive a copy of a manifest for a drycleaning facility | ||||||
13 | within a 3-year period, or within a shorter period as | ||||||
14 | determined by the Council, the Council shall make appropriate | ||||||
15 | inquiry into the management of hazardous waste at the facility | ||||||
16 | and may share the results of the inquiry with the Agency.
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17 | (c) On or after January 1, 2004, the annual fees for | ||||||
18 | licensure are as
follows:
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19 | (1) $500 for a facility that uses (i) 50 gallons or
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20 | less of
chlorine-based or green drycleaning solvents | ||||||
21 | annually, (ii) 250 or less
gallons annually of | ||||||
22 | hydrocarbon-based drycleaning solvents in a drycleaning
| ||||||
23 | machine equipped with a solvent reclaimer, or (iii) 500 | ||||||
24 | gallons
or less annually of hydrocarbon-based drycleaning | ||||||
25 | solvents in a
drycleaning machine without a solvent | ||||||
26 | reclaimer.
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1 | (2) $500 for a facility that uses (i)
more than 50 | ||||||
2 | gallons but not more than 100
gallons of chlorine-based or | ||||||
3 | green drycleaning solvents annually, (ii)
more than 250 | ||||||
4 | gallons but not more 500 gallons annually of | ||||||
5 | hydrocarbon-based
solvents in
a drycleaning machine | ||||||
6 | equipped with a solvent reclaimer, or (iii) more
than 500 | ||||||
7 | gallons but not more than 1,000 gallons
annually of | ||||||
8 | hydrocarbon-based drycleaning solvents in a drycleaning
| ||||||
9 | machine without a solvent reclaimer.
| ||||||
10 | (3) $500 for a facility that uses (i) more than 100 | ||||||
11 | gallons but not more than 150 gallons of chlorine-based
or | ||||||
12 | green drycleaning solvents annually, (ii) more than 500 | ||||||
13 | gallons but
not more than 750 gallons annually of | ||||||
14 | hydrocarbon-based solvents in a
drycleaning machine | ||||||
15 | equipped with a solvent reclaimer, or (iii) more than
1,000
| ||||||
16 | gallons but not more than 1,500 gallons annually of
| ||||||
17 | hydrocarbon-based drycleaning solvents in a drycleaning | ||||||
18 | machine without a
solvent reclaimer.
| ||||||
19 | (4) $1,000 for a facility that uses (i) more than 150 | ||||||
20 | gallons but not
more than 200 gallons of chlorine-based or | ||||||
21 | green drycleaning solvents annually,
(ii) more than 750 | ||||||
22 | gallons but not more than 1,000 gallons annually of
| ||||||
23 | hydrocarbon-based solvents in a drycleaning machine | ||||||
24 | equipped with a solvent
reclaimer, or (iii) more than
1,500 | ||||||
25 | gallons but not more than 2,000 gallons annually of | ||||||
26 | hydrocarbon-based
drycleaning solvents in a drycleaning |
| |||||||
| |||||||
1 | machine without a solvent
reclaimer.
| ||||||
2 | (5) $1,000 for a facility that uses (i) more than 200 | ||||||
3 | gallons but not more
than 250 gallons of chlorine-based or | ||||||
4 | green drycleaning solvents annually, (ii)
more than 1,000 | ||||||
5 | gallons but not more than 1,250 gallons annually of
| ||||||
6 | hydrocarbon-based solvents in a drycleaning machine | ||||||
7 | equipped with a solvent
reclaimer, or (iii) more than
2,000 | ||||||
8 | gallons but not more than 2,500 gallons annually of | ||||||
9 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
10 | machine without a solvent
reclaimer.
| ||||||
11 | (6) $1,000 for a facility that uses (i) more than 250 | ||||||
12 | gallons but not
more than
300 gallons of chlorine-based or | ||||||
13 | green drycleaning solvents annually, (ii) more
than 1,250 | ||||||
14 | gallons but not more than 1,500 gallons annually of
| ||||||
15 | hydrocarbon-based solvents in a drycleaning machine | ||||||
16 | equipped with a solvent
reclaimer, or (iii) more than 2,500 | ||||||
17 | gallons but not more than 3,000 gallons
annually of | ||||||
18 | hydrocarbon-based drycleaning solvents in a drycleaning | ||||||
19 | machine
without
a solvent reclaimer.
| ||||||
20 | (7) $1,000 for a facility that uses (i) more than 300 | ||||||
21 | gallons but not more
than
350 gallons of chlorine-based or | ||||||
22 | green drycleaning solvents annually, (ii) more
than 1,500 | ||||||
23 | gallons but not more than 1,750 gallons annually of
| ||||||
24 | hydrocarbon-based
solvents in a drycleaning machine | ||||||
25 | equipped with a solvent reclaimer, or (iii)
more than 3,000 | ||||||
26 | gallons but not more than 3,500 gallons annually of
|
| |||||||
| |||||||
1 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
2 | machine without a solvent
reclaimer.
| ||||||
3 | (8) $1,500 for a facility that uses (i) more than 350 | ||||||
4 | gallons but not more
than
400 gallons of chlorine-based or | ||||||
5 | green drycleaning solvents annually, (ii) more
than 1,750 | ||||||
6 | gallons but not more than 2,000 gallons annually of
| ||||||
7 | hydrocarbon-based
solvents in a drycleaning machine | ||||||
8 | equipped with a solvent reclaimer, or (iii)
more than 3,500 | ||||||
9 | gallons but not more than 4,000 gallons annually of
| ||||||
10 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
11 | machine without a solvent
reclaimer.
| ||||||
12 | (9) $1,500 for a facility that uses (i) more than 400 | ||||||
13 | gallons but not more
than 450 gallons of chlorine-based or | ||||||
14 | green drycleaning solvents annually, (ii)
more than 2,000 | ||||||
15 | gallons but not more than 2,250 gallons annually of
| ||||||
16 | hydrocarbon-based
solvents in a drycleaning machine | ||||||
17 | equipped with a solvent reclaimer, or (iii)
more
than
4,000 | ||||||
18 | gallons but not more than 4,500 gallons annually of | ||||||
19 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
20 | machine without a solvent
reclaimer.
| ||||||
21 | (10) $1,500 for a facility that uses (i) more than 450 | ||||||
22 | gallons but not
more than 500
gallons of chlorine-based or | ||||||
23 | green drycleaning solvents annually, (ii) more
than
2,250 | ||||||
24 | gallons but not more than 2,500 gallons annually of | ||||||
25 | hydrocarbon-based
solvents used in a drycleaning machine | ||||||
26 | equipped with a solvent reclaimer, or
(iii) more
than 4,500 |
| |||||||
| |||||||
1 | gallons but not more than 5,000 gallons annually of
| ||||||
2 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
3 | machine without a solvent reclaimer.
| ||||||
4 | (11) $1,500 for a facility that uses (i) more than 500 | ||||||
5 | gallons but not
more than 550
gallons of chlorine-based or | ||||||
6 | green drycleaning solvents annually, (ii) more
than
2,500 | ||||||
7 | gallons but not more than 2,750 gallons annually of | ||||||
8 | hydrocarbon-based
solvents in a drycleaning machine | ||||||
9 | equipped with a solvent reclaimer, or (iii)
more than
5,000 | ||||||
10 | gallons but not more than 5,500 gallons annually of | ||||||
11 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
12 | machine without a solvent
reclaimer.
| ||||||
13 | (12) $1,500 for a facility that uses (i) more than 550 | ||||||
14 | gallons but not
more than 600
gallons of chlorine-based or | ||||||
15 | green drycleaning solvents annually, (ii) more
than 2,750 | ||||||
16 | gallons but not more than 3,000 gallons annually of
| ||||||
17 | hydrocarbon-based
solvents in a drycleaning machine | ||||||
18 | equipped with a solvent reclaimer, or (iii)
more than
5,500 | ||||||
19 | gallons but not more than 6,000 gallons annually of | ||||||
20 | hydrocarbon-based
drycleaning solvents in a drycleaning | ||||||
21 | machine without a solvent
reclaimer.
| ||||||
22 | (13) $1,500 for a facility that uses (i) more than 600 | ||||||
23 | gallons of
chlorine-based or green drycleaning solvents | ||||||
24 | annually, (ii) more than 3,000
gallons but not more than | ||||||
25 | 3,250 gallons annually of hydrocarbon-based solvents
in a | ||||||
26 | drycleaning
machine equipped with a solvent reclaimer, or |
| |||||||
| |||||||
1 | (iii) more than 6,000 gallons of
hydrocarbon-based | ||||||
2 | drycleaning solvents annually in a drycleaning machine
| ||||||
3 | equipped without a solvent reclaimer.
| ||||||
4 | (14) $1,500 for a facility that uses more than 3,250 | ||||||
5 | gallons but not more
than 3,500 gallons annually of | ||||||
6 | hydrocarbon-based solvents in a drycleaning
machine | ||||||
7 | equipped with a solvent reclaimer.
| ||||||
8 | (15) $1,500 for a facility that uses more than 3,500 | ||||||
9 | gallons but not more
than 3,750 gallons annually of | ||||||
10 | hydrocarbon-based solvents used in a drycleaning
machine | ||||||
11 | equipped with a solvent reclaimer.
| ||||||
12 | (16) $1,500 for a facility that uses more than 3,750 | ||||||
13 | gallons but not more
than 4,000 gallons annually of | ||||||
14 | hydrocarbon-based solvents in a drycleaning
machine | ||||||
15 | equipped with a solvent reclaimer.
| ||||||
16 | (17) $1,500 for a facility that uses more than 4,000 | ||||||
17 | gallons annually of
hydrocarbon-based solvents in a | ||||||
18 | drycleaning machine equipped with a solvent
reclaimer.
| ||||||
19 | For purpose of this subsection, the quantity of drycleaning | ||||||
20 | solvents
used annually shall be determined as follows:
| ||||||
21 | (1) in the case of an initial applicant, the quantity | ||||||
22 | of drycleaning
solvents that the applicant estimates will | ||||||
23 | be used during his or her initial
license year. A fee | ||||||
24 | assessed under this subdivision is subject to audited
| ||||||
25 | adjustment for that year; or
| ||||||
26 | (2) in the case of a renewal applicant, the quantity of |
| |||||||
| |||||||
1 | drycleaning
solvents actually purchased in the preceding | ||||||
2 | license year.
| ||||||
3 | The Council may adjust licensing fees annually based on the | ||||||
4 | published
Consumer Price Index - All Urban Consumers ("CPI-U") | ||||||
5 | or as otherwise determined
by the Council.
| ||||||
6 | (d) The annual license period for a A license issued under | ||||||
7 | this Section shall be from January 1 through December 31 each | ||||||
8 | year expire one year after the date
of issuance and may be | ||||||
9 | renewed on reapplication to the Council and submission
of proof | ||||||
10 | of payment of the appropriate fee to the Council Department of | ||||||
11 | Revenue in
accordance with subsections (c) and (e). At least 30 | ||||||
12 | days before payment of a
renewal licensing fee is due, the | ||||||
13 | Council shall attempt to:
| ||||||
14 | (1) notify the operator of each licensed drycleaning
| ||||||
15 | facility concerning the requirements of this Section;
and
| ||||||
16 | (2) submit a license fee payment form to the licensed
| ||||||
17 | operator of each drycleaning facility.
| ||||||
18 | (e) An operator of a drycleaning facility shall submit the | ||||||
19 | appropriate
application form provided by the Council with the | ||||||
20 | license fee in the form of
cash, credit card, business check, | ||||||
21 | or guaranteed remittance to the Council Department of Revenue .
| ||||||
22 | The Council Department may accept payment of the license fee | ||||||
23 | under this Section by credit card only if the Council | ||||||
24 | Department is not required to pay a discount fee charged by the | ||||||
25 | credit card issuer. The license fee payment form and the actual | ||||||
26 | license fee payment shall be
administered by the Council |
| |||||||
| |||||||
1 | Department of Revenue under rules adopted by the Council that
| ||||||
2 | Department .
| ||||||
3 | (f) (Blank). The Department of Revenue shall issue a proof | ||||||
4 | of payment receipt to
each operator of a drycleaning facility | ||||||
5 | who has paid the appropriate fee in
cash or by guaranteed | ||||||
6 | remittance, credit card, or business check. However, the | ||||||
7 | Department of Revenue shall not
issue a proof of payment | ||||||
8 | receipt to a drycleaning facility that is liable to
the | ||||||
9 | Department of Revenue for a tax imposed under this Act. The | ||||||
10 | original
receipt shall be presented to the Council by the | ||||||
11 | operator of a drycleaning
facility.
| ||||||
12 | (g) (Blank).
| ||||||
13 | (h) The Council and the Department of Revenue may adopt | ||||||
14 | rules as necessary
to administer the licensing
requirements of | ||||||
15 | this Act.
| ||||||
16 | (Source: P.A. 96-774, eff. 1-1-10; 97-332, eff. 8-12-11; | ||||||
17 | 97-377, eff. 1-1-12; 97-663, eff. 1-13-12; 97-813, eff. | ||||||
18 | 7-13-12; 97-1057, eff. 1-1-13.)
| ||||||
19 | (415 ILCS 135/65)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
21 | Sec. 65. Drycleaning solvent tax.
| ||||||
22 | (a) On and after January 1, 1998, a tax is imposed upon
the | ||||||
23 | use of drycleaning solvent by a person engaged in the business | ||||||
24 | of operating
a drycleaning facility in this State at the rate | ||||||
25 | of $3.50 per gallon of
perchloroethylene or other chlorinated |
| |||||||
| |||||||
1 | drycleaning solvents used in
drycleaning operations, $0.35 per | ||||||
2 | gallon of
petroleum-based drycleaning solvent, and $1.75 per | ||||||
3 | gallon of green solvents,
unless the green solvent is used at a | ||||||
4 | virgin facility, in which case the rate
is $0.35 per gallon. | ||||||
5 | The Council
shall determine by rule which products are
| ||||||
6 | chlorine-based solvents, which products are petroleum-based
| ||||||
7 | solvents, and which products are green solvents. All | ||||||
8 | drycleaning solvents
shall be considered
chlorinated solvents | ||||||
9 | unless the Council determines
that the solvents are | ||||||
10 | petroleum-based drycleaning solvents or green
solvents.
| ||||||
11 | (b) The tax imposed by this Act shall be collected from the | ||||||
12 | purchaser at
the time of sale by a seller of drycleaning | ||||||
13 | solvents maintaining a place of
business in this State and | ||||||
14 | shall be remitted to the Department of Revenue under
the
| ||||||
15 | provisions of this Act.
| ||||||
16 | (c) The tax imposed by this Act that is not collected by a | ||||||
17 | seller of
drycleaning solvents shall be paid directly to the | ||||||
18 | Department of Revenue by the
purchaser or end user who is | ||||||
19 | subject to the tax imposed by this Act.
| ||||||
20 | (d) No tax shall be imposed upon the use of drycleaning | ||||||
21 | solvent if the
drycleaning solvent will not be used in a | ||||||
22 | drycleaning facility or if a floor
stock
tax has been imposed | ||||||
23 | and paid on the drycleaning solvent. Prior to the
purchase of | ||||||
24 | the solvent, the purchaser shall provide a written and signed
| ||||||
25 | certificate to the drycleaning solvent seller stating:
| ||||||
26 | (1) the name and address of the purchaser;
|
| |||||||
| |||||||
1 | (2) the purchaser's signature and date of signing; and
| ||||||
2 | (3) one of the following:
| ||||||
3 | (A) that the drycleaning solvent will not be used | ||||||
4 | in a drycleaning
facility; or
| ||||||
5 | (B) that a floor stock tax has been imposed and | ||||||
6 | paid on the drycleaning
solvent.
| ||||||
7 | (e) On January 1, 1998, there is imposed on each operator | ||||||
8 | of a
drycleaning facility a tax on drycleaning
solvent held by | ||||||
9 | the operator on that date for use in
a drycleaning facility.
| ||||||
10 | The tax imposed shall be
the tax that would have been imposed | ||||||
11 | under
subsection (a)
if the drycleaning solvent held by the | ||||||
12 | operator on that date had been
purchased
by the operator during
| ||||||
13 | the first year of this Act.
| ||||||
14 | (f) On or before the 25th day of the 1st month following | ||||||
15 | the end of the
calendar quarter, a seller of drycleaning | ||||||
16 | solvents who has collected a tax
pursuant to this Section | ||||||
17 | during the previous calendar quarter, or a purchaser
or end | ||||||
18 | user of
drycleaning solvents required under subsection (c) to | ||||||
19 | submit the tax directly
to the Department, shall file a return
| ||||||
20 | with the Department of Revenue. The return shall be filed on a | ||||||
21 | form prescribed
by the Department of Revenue and shall contain | ||||||
22 | information that the Department
of
Revenue reasonably | ||||||
23 | requires, but at a minimum will require the reporting of
the | ||||||
24 | volume of
drycleaning solvent sold to each licensed drycleaner. | ||||||
25 | The Department of Revenue
shall report quarterly to the Council | ||||||
26 | the volume of drycleaning solvent
purchased for the quarter by |
| |||||||
| |||||||
1 | each licensed drycleaner. Each seller of
drycleaning solvent | ||||||
2 | maintaining a
place of business in this State who is required | ||||||
3 | or authorized to collect the
tax imposed by this Act shall pay | ||||||
4 | to the Department the amount of the tax at
the time when he or | ||||||
5 | she is required to file his or her return for the period
during | ||||||
6 | which the tax was collected. Purchasers or end users remitting | ||||||
7 | the tax
directly to
the Department under subsection (c) shall | ||||||
8 | file a return with
the Department of Revenue and pay the tax so | ||||||
9 | incurred by the purchaser or end
user during
the preceding | ||||||
10 | calendar quarter. | ||||||
11 | Except as provided in this Section, the seller of | ||||||
12 | drycleaning solvents filing the return under this Section | ||||||
13 | shall, at the time of filing the return, pay to the Department | ||||||
14 | the amount of tax imposed by this Act less a discount of 1.75%, | ||||||
15 | or $5 per calendar year, whichever is greater. Failure to | ||||||
16 | timely file the returns and provide to the Department the data | ||||||
17 | requested under this Act will result in disallowance of the | ||||||
18 | reimbursement discount.
| ||||||
19 | (g) The tax on drycleaning solvents
used in drycleaning | ||||||
20 | facilities and the floor stock tax shall be administered by
| ||||||
21 | Department of Revenue
under rules adopted by that Department.
| ||||||
22 | (h) On and after January 1, 1998, no person shall knowingly | ||||||
23 | sell or transfer
drycleaning solvent to an operator of a | ||||||
24 | drycleaning facility that is not
licensed by the Council under | ||||||
25 | Section 60.
| ||||||
26 | (i) The Department of Revenue may adopt rules
as necessary |
| |||||||
| |||||||
1 | to implement this Section.
| ||||||
2 | (Source: P.A. 96-774, eff. 1-1-10.)
| ||||||
3 | (415 ILCS 135/85)
| ||||||
4 | Sec. 85. Repeal of fee and tax provisions. Sections 60 and | ||||||
5 | 65 of this Act
are repealed on July 1, 2030 January 1, 2020 .
| ||||||
6 | (Source: P.A. 93-201, eff. 1-1-04.)
|