Bill Text: IL HB2491 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Drycleaner Environmental Response Trust Fund Act. Provides that any notice of assessment of civil penalties under the Act is subject to appeal to the Administrator of the Drycleaner Environmental Response Trust Fund Council within 60 days of the final decision. Sets out the procedure for appealing the Council's decision. Authorizes the Council to appoint an administrative law judge to preside at hearings resulting from the appeal of Council decisions. Removes a provision that required invoices and bills for reimbursement to be filed within a certain time period. Provides that, in the case of a renewal applicant, the amount of drycleaning solvents used for purposes of determining the annual licensing fee under the Act is determined by the quantity of drycleaning solvents actually purchased (now "used") in the preceding license year. Relocates provisions setting out penalties for (i) a dry cleaning facility that has failed to pay the licensing fee and (ii) a person who knowingly sells or transfers drycleaning solvents to an unlicensed drycleaning facility. Deletes a provision setting out a penalty for a person who provides a false certification for purposes of purchasing dry cleaning solvent. Provides a tax reimbursement for sellers of dry cleaning solvents that timely submit a tax return. Sets forth civil penalties. Authorizes the Attorney General to institute civil actions in specified circumstances on behalf of the people of the State of Illinois.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2009-08-28 - Public Act . . . . . . . . . 96-0774 [HB2491 Detail]

Download: Illinois-2009-HB2491-Enrolled.html

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HB2491 Enrolled LRB096 10484 JDS 20656 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Drycleaner Environmental Response Trust
Fund Act is amended by changing Sections 20, 40, 60, and 65 and
by adding Section 69 as follows:
(415 ILCS 135/20)
Sec. 20. Council rules.
(a) The Council may adopt rules in accordance with the
emergency rulemaking provisions of Section 5-45 of the Illinois
Administrative Procedure Act for one year after the effective
date of this Act. Thereafter, the Council shall conduct general
rulemaking as provided under the Illinois Administrative
Procedure Act.
(b) The Council shall adopt rules regarding its practice
and procedures for investigating and settling claims made
against the Fund, determining reimbursement guidelines,
coordinating with the Agency, and otherwise implementing and
administering the Fund under this Act.
(c) The Council shall adopt rules regarding its practice
and procedures to develop underwriting standards, establish
insurance account coverage and risk factors, settle claims made
against the insurance account of the Fund, determine

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appropriate deductibles or retentions in coverages or benefits
offered under the insurance account of the Fund, determine
reimbursement guidelines, and otherwise implement and
administer the insurance account under this Act.
(d) The Council shall adopt rules necessary for the
implementation and collection of insurance account premiums
prior to offering insurance to an owner or operator of a
drycleaning facility or other person.
(e) The Council shall adopt rules prescribing requirements
for the retention of records by an owner or operator and the
periods for which he or she must retain those records.
(f) The Council shall adopt rules describing the manner in
which all disbursed moneys received from the Agency shall be
deposited with a bank or savings and loan association to be
approved by the Council. For purposes of this subsection, the
Council shall be considered a public agency and, therefore, no
bank or savings and loan association shall receive public funds
from the Council, and the Council shall not make any
investments, unless in accordance with the Public Funds
Investment Act.
(g) All final Council decisions regarding the Fund or any
reimbursement from the Fund and any decision concerning the
classification of drycleaning solvents pursuant to subsection
(a) of Section 65 of this Act and any notice of the assessment
of civil penalties under Section 69 of this Act shall be
subject to appeal to the Administrator of the Council, by the

HB2491 Enrolled - 3 - LRB096 10484 JDS 20656 b
affected parties, within 60 days after the final decision. The
Council shall determine by rule persons who have standing to
appeal final Council decisions. Any written decision by the
Administrator may be appealed to the Council within 60 days
after the Administrator's final decision. Any decision by the
Council may be appealed to the Council's administrative law
judge within 60 days after the Council's final decision. Notice
of any hearing provided for by this Act shall be given not less
than 7 days before the day fixed for the hearing All appeals of
final Council decisions shall be presented to and reviewed by
the Council's administrative hearing officer. An appeal of the
administrative law judge's hearing officer's decision will be
subject to judicial review in accordance with the
Administrative Review Law.
Any decision not timely appealed shall become a final
administrative decision without the necessity of a final
administrative decision being issued and shall be deemed to be
a final administrative decision.
The Council shall adopt rules relating to appeal
procedures.
The Council may designate an attorney, employed by the
Council or privately employed, to act as an administrative law
judge to preside at any administrative hearing resulting from
the appeal of a Council decision. The Council and the
Department of Revenue are authorized to enter into an agreement
whereby an administrative law judge employed by the Department

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may be assigned to preside at the administrative hearings.
Proof of the Council's administrative decision may be made
at any administrative or legal proceeding by a reproduced copy
of the Council's record relating to the decision under the
certificate of the Council. A reproduced copy shall, without
further proof, be admitted into evidence and shall be prima
facie proof of the decision.
The provisions of the Administrative Review Law, and any
rules adopted under the Administrative Review law by the
Council, shall govern all proceedings for the judicial review
of final administrative decisions of the Council. The term
"administrative decision" has the same meaning as it does in
Section 3-101 of the Code of Civil Procedure.
Venue for an administrative review action challenging the
results of an administrative hearing upholding an
administrative decision issued by the Council shall be proper
in the Circuit Court of the county where the plaintiff has its
principal place of business, or Sangamon County if the
plaintiff's principal place of business is located outside
Illinois. that shall require the Council to deliver notice of
appeal to the affected parties within 30 days of receipt of
notice, require that the hearing be held within 180 days of the
filing of the petition unless good cause is shown for the
delay, and require that a final decision be issued no later
than 120 days following the close of the hearing. The time
restrictions in this subsection may be waived by mutual

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agreement of the parties.
(Source: P.A. 90-502, eff. 8-19-97.)
(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
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.
(2) In the case of a claimant who is the owner of an
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,

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subject to any other limitations under this Act.
(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
release is from the claimant's drycleaning facility.
(2) At the time the release was discovered by the
claimant, the claimant and the drycleaning facility were in
compliance with the Agency reporting and technical
operating requirements.
(3) The claimant reported the release in a timely
manner to the Agency in accordance with State law.
(4) The claimant applying for reimbursement has not
filed for bankruptcy on or after the date of his or her
discovery of the release.
(5) If the claimant is the owner or operator of an
active drycleaning facility, the claimant has provided to
the Council proof of implementation and maintenance of the
following pollution prevention measures:
(A) That all drycleaning solvent wastes generated
at a drycleaning facility be managed in accordance with
applicable State waste management laws and rules.
(B) A prohibition on the discharge of wastewater
from drycleaning machines or of drycleaning solvent
from drycleaning operations to a sanitary sewer or
septic tank or to the surface or in groundwater.
(C) That every drycleaning facility:

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(I) install a containment dike or other
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.
Petroleum underground storage tank systems
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
(II) seal or otherwise render impervious those
portions of diked floor surfaces on which a

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drycleaning solvent may leak, spill, or otherwise
be released.
(D) A requirement that all drycleaning solvent
shall be delivered to drycleaning facilities by means
of closed, direct-coupled delivery systems.
(6) An active drycleaning facility has maintained
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.
(7) The release was discovered on or after July 1, 1997
and before July 1, 2006.
(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.

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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
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.
(2) An eligible claimant submitting a claim for an
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.
(f) Claimants are subject to the following limitations on
reimbursement:
(1) Subsequent to meeting the deductible requirements
of subsection (e), and pursuant to the requirements of
Section 75, reimbursement shall not exceed $300,000 per

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active drycleaning facility and $50,000 per inactive
drycleaning facility.
(2) A contract in which one of the parties to the
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.
(3) A claimant may appoint the Council as an agent 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.
(4) The Council may require a claimant to obtain and
submit 3 bids and may require specific terms and conditions
in a contract subject to approval.
(5) The Council may enter into a contract or an
exclusive contract with the supplier of goods or services
required by a claimant or class of claimants, in connection

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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.
(6) Unless emergency conditions exist, a service
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.
(7) Neither the Council nor an eligible claimant is
responsible for payment for costs incurred that have not
been previously approved by the Council, unless an
emergency exists.
(8) The Council may determine the usual and 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.
(9) If a claimant has pollution liability insurance
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

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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.
(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.)
(415 ILCS 135/60)
(Section scheduled to be repealed on January 1, 2020)
Sec. 60. Drycleaning facility license.

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(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
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.
(2) $500 for a facility that uses (i) more than 50
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
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.
(4) $1,000 for a facility that uses (i) more than 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.
(5) $1,000 for a facility that uses (i) more than 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

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machine without a solvent reclaimer.
(6) $1,000 for a facility that uses (i) more than 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.
(7) $1,000 for a facility that uses (i) more than 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.
(8) $1,500 for a facility that uses (i) more than 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

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hydrocarbon-based drycleaning solvents in a drycleaning
machine without a solvent reclaimer.
(9) $1,500 for a facility that uses (i) more than 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.
(10) $1,500 for a facility that uses (i) more than 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.
(11) $1,500 for a facility that uses (i) more than 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

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gallons but not more than 5,500 gallons annually of
hydrocarbon-based drycleaning solvents in a drycleaning
machine without a solvent reclaimer.
(12) $1,500 for a facility that uses (i) more than 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.
(13) $1,500 for a facility that uses (i) more than 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.
(14) $1,500 for a facility that uses more than 3,250
gallons but not more than 3,500 gallons annually of
hydrocarbon-based solvents in a drycleaning machine
equipped with a solvent reclaimer.
(15) $1,500 for a facility that uses more than 3,500
gallons but not more than 3,750 gallons annually of

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hydrocarbon-based solvents used in a drycleaning machine
equipped with a solvent reclaimer.
(16) $1,500 for a facility that uses more than 3,750
gallons but not more than 4,000 gallons annually of
hydrocarbon-based solvents in a drycleaning machine
equipped with a solvent reclaimer.
(17) $1,500 for a facility that uses more than 4,000
gallons annually of hydrocarbon-based solvents in a
drycleaning machine equipped with a solvent reclaimer.
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 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
(2) in the case of a renewal applicant, the quantity of
drycleaning solvents actually purchased used in the
preceding license year.
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

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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
facility concerning the requirements of this Section; and
(2) submit a license fee payment form to the licensed
operator of each drycleaning facility.
(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) (Blank). 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

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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.)
(415 ILCS 135/65)
(Section scheduled to be repealed on January 1, 2020)
Sec. 65. Drycleaning solvent tax.
(a) On and after January 1, 1998, a tax is imposed upon the
use of drycleaning solvent by a person engaged in the business
of operating a drycleaning facility in this State at the rate
of $3.50 per gallon of perchloroethylene or other chlorinated
drycleaning solvents used in drycleaning operations, $0.35 per
gallon of petroleum-based drycleaning solvent, and $1.75 per
gallon of green solvents, unless the green solvent is used at a
virgin facility, in which case the rate is $0.35 per gallon.
The Council shall determine by rule which products are
chlorine-based solvents, which products are petroleum-based
solvents, and which products are green solvents. All
drycleaning solvents shall be considered chlorinated solvents
unless the Council determines that the solvents are
petroleum-based drycleaning solvents or green solvents.
(b) The tax imposed by this Act shall be collected from the
purchaser at the time of sale by a seller of drycleaning
solvents maintaining a place of business in this State and

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shall be remitted to the Department of Revenue under the
provisions of this Act.
(c) The tax imposed by this Act that is not collected by a
seller of drycleaning solvents shall be paid directly to the
Department of Revenue by the purchaser or end user who is
subject to the tax imposed by this Act.
(d) No tax shall be imposed upon the use of drycleaning
solvent if the drycleaning solvent will not be used in a
drycleaning facility or if a floor stock tax has been imposed
and paid on the drycleaning solvent. Prior to the purchase of
the solvent, the purchaser shall provide a written and signed
certificate to the drycleaning solvent seller stating:
(1) the name and address of the purchaser;
(2) the purchaser's signature and date of signing; and
(3) one of the following:
(A) that the drycleaning solvent will not be used
in a drycleaning facility; or
(B) that a floor stock tax has been imposed and
paid on the drycleaning solvent.
A person who provides a false certification under this
subsection shall be liable for a civil penalty not to exceed
$500 for a first violation and a civil penalty not to exceed
$5,000 for a second or subsequent violation.
(e) On January 1, 1998, there is imposed on each operator
of a drycleaning facility a tax on drycleaning solvent held by
the operator on that date for use in a drycleaning facility.

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The tax imposed shall be the tax that would have been imposed
under subsection (a) if the drycleaning solvent held by the
operator on that date had been purchased by the operator during
the first year of this Act.
(f) On or before the 25th day of the 1st month following
the end of the calendar quarter, a seller of drycleaning
solvents who has collected a tax pursuant to this Section
during the previous calendar quarter, or a purchaser or end
user of drycleaning solvents required under subsection (c) to
submit the tax directly to the Department, shall file a return
with the Department of Revenue. The return shall be filed on a
form prescribed by the Department of Revenue and shall contain
information that the Department of Revenue reasonably
requires, but at a minimum will require the reporting of the
volume of drycleaning solvent sold to each licensed drycleaner.
The Department of Revenue shall report quarterly to the Council
the volume of drycleaning solvent purchased for the quarter by
each licensed drycleaner. Each seller of drycleaning solvent
maintaining a place of business in this State who is required
or authorized to collect the tax imposed by this Act shall pay
to the Department the amount of the tax at the time when he or
she is required to file his or her return for the period during
which the tax was collected. Purchasers or end users remitting
the tax directly to the Department under subsection (c) shall
file a return with the Department of Revenue and pay the tax so
incurred by the purchaser or end user during the preceding

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calendar quarter.
Except as provided in this Section, the seller of
drycleaning solvents filing the return under this Section
shall, at the time of filing the return, pay to the Department
the amount of tax imposed by this Act less a discount of 1.75%,
or $5 per calendar year, whichever is greater. Failure to
timely file the returns and provide to the Department the data
requested under this Act will result in disallowance of the
reimbursement discount.
(g) The tax on drycleaning solvents used in drycleaning
facilities and the floor stock tax shall be administered by
Department of Revenue under rules adopted by that Department.
(h) On and after January 1, 1998, no person shall knowingly
sell or transfer drycleaning solvent to an operator of a
drycleaning facility that is not licensed by the Council under
Section 60. A person who violates this subsection is liable for
a civil penalty not to exceed $500 for a first violation and a
civil penalty not to exceed $5,000 for a second or subsequent
violation.
(i) The Department of Revenue may adopt rules as necessary
to implement this Section.
(Source: P.A. 93-201, eff. 1-1-04.)
(415 ILCS 135/69 new)
Sec. 69. Civil penalties.
(a) Except as provided in this Section, any person who

HB2491 Enrolled - 24 - LRB096 10484 JDS 20656 b
violates any provision of this Act or any regulation adopted by
the Council, or any license or registration or term or
condition thereof, or that violates any order of the Council
under this Act, shall be liable for a civil penalty as provided
in this Section. The penalties may, upon order of the Council
or a court of competent jurisdiction, be made payable to the
Drycleaner Environmental Response Trust Fund, to be used in
accordance with the provisions of the Drycleaner Environmental
Response Trust Fund Act.
(b) Notwithstanding the provisions of subsection (a) of
this Section:
(1) Any person who violates Section 60(a) of this Act
by failing to pay the license fee when due, may be assessed
a civil penalty of $5 per day for each day after the
license fee is due until the license fee is paid. The
penalty shall be effective for license fees due on or after
July 1, 1999.
(2) Any person who violates Section 65(d) or 65(h) of
this Act shall be liable for a civil penalty not to exceed
$500 for the first violation and a civil penalty not to
exceed $5,000 for a second or subsequent violation.
(3) Any person who violates Section 67 of this Act
shall be liable for a civil penalty not to exceed $100 per
day for each day the person is not registered to sell
drycleaning solvents.
(c) The Council shall issue an administrative assessment

HB2491 Enrolled - 25 - LRB096 10484 JDS 20656 b
setting forth any penalties it imposes under subsection (b) of
this Section and shall serve notice of the assessment upon the
party assessed. The Council's determination shall be deemed
correct and shall serve as evidence of the correctness of the
Council's determination that a penalty is due. Proof of a
determination by the Council may be made at any administrative
hearing or in any legal proceeding by a reproduced copy or
computer print-out of the Council's record relating thereto in
the name of the Council under the certificate of the Council.
If reproduced copies of the Council's records are offered
as proof of a penalty assessment, the Council must certify that
those copies are true and exact copies of records on file with
the Council. If computer print-outs of the Council's records
are offered as proof of a determination, the Council Chairman
must certify that those computer print-outs are true and exact
representations of records properly entered into standard
electronic computing equipment, in the regular course of the
Council's business, at or reasonably near the time of the
occurrence of the facts recorded, from trustworthy and reliable
information. A certified reproduced copy or certified computer
print-out shall, without further proof, be admitted into
evidence in any administrative or legal proceeding and is prima
facie proof of the correctness of the Council's determination.
Whenever notice is required by this Section, the notice may
be given by United States registered or certified mail,
addressed to the person concerned at his last known address,

HB2491 Enrolled - 26 - LRB096 10484 JDS 20656 b
and proof of mailing shall be sufficient for the purposes of
this Act. Notice of any hearing provided for by this Act shall
be given not less than 7 days before the day fixed for the
hearing. Following the initial contact of a person represented
by an attorney, the Council shall not contact that person but
shall only contact the attorney representing that person.
(d) The penalties provided for in this Section may be
recovered in a civil action instituted by the Attorney General
in the name of the people of the State of Illinois.
(e) The Attorney General may also, at the request of the
Council or on his or her own motion, institute a civil action
for an injunction, prohibitory or mandatory, to restrain
violations of this Act, any rule or regulation adopted under
this Act, any license or registration or term or condition of a
license or registration, or any Council order, or to require
other actions as may be necessary to address violations
thereof.
(f) Without limiting any other authority which may exist
for the awarding of attorney's fees and costs, the Council, or
a court of competent jurisdiction, may award costs and
reasonable attorney's fees, including the reasonable costs of
expert witnesses and consultants, to the Attorney General in a
case where the Attorney General has prevailed against a person
who has committed a willful, knowing, or repeated violation of
this Act, any rule or regulation adopted under this Act, any
license or registration or term or condition of a license or

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registration, or any Council order. Any funds collected under
this subsection (f) in which the Attorney General has prevailed
shall be deposited in the Drycleaner Environmental Response
Trust Fund created in Section 10 of this Act.
(g) All final orders imposing civil penalties under this
Section shall prescribe the time for payment of the penalties.
If any penalty is not paid within the time prescribed, interest
on the penalty shall be paid, at the rate set forth in Section
3-2 of the Illinois Uniform Penalty and Interest Act, for the
period from the date payment is due until the date payment is
received. However, if the time for payment is stayed during the
pendency of an appeal, interest shall not accrue during the
stay.