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| Public Act 097-0332
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| HB2777 Enrolled | LRB097 08414 JDS 48541 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Drycleaner Environmental Response Trust |
Fund Act is amended by changing Sections 60 and 69 as follows:
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(415 ILCS 135/60)
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(Section scheduled to be repealed on January 1, 2020)
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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.
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(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.
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(c) On or after January 1, 2004, the annual fees for |
licensure are as
follows:
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(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
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machine equipped with a solvent reclaimer, or (iii) 500 |
gallons
or less annually of hydrocarbon-based drycleaning |
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solvents in a
drycleaning machine without a solvent |
reclaimer.
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(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
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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
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gallons but not more than 1,500 gallons annually of
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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 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
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hydrocarbon-based solvents in a drycleaning machine |
equipped with a solvent
reclaimer, or (iii) more than
1,500 |
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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 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
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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 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
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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 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
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hydrocarbon-based
solvents in a drycleaning machine |
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equipped with a solvent reclaimer, or (iii)
more than 3,000 |
gallons but not more than 3,500 gallons annually of
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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 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
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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.
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(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
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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 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 |
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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
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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 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 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
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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 600 |
gallons of
chlorine-based or green drycleaning solvents |
annually, (ii) more than 3,000
gallons but not more than |
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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
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equipped without a solvent reclaimer.
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(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.
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(15) $1,500 for a facility that uses more than 3,500 |
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 |
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 |
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:
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(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
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adjustment for that year; or
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(2) in the case of a renewal applicant, the quantity of |
drycleaning
solvents actually purchased 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.
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(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:
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(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 licensed
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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, credit card, business check, |
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.
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(f) The Department of Revenue shall issue a proof of |
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payment receipt to
each operator of a drycleaning facility who |
has paid the appropriate fee in
cash or by guaranteed |
remittance, credit card, or business check. 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.
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(g) (Blank).
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(h) The Council and the Department of Revenue may adopt |
rules as necessary
to administer the licensing
requirements of |
this Act.
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(Source: P.A. 96-774, eff. 1-1-10.)
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(415 ILCS 135/69) |
Sec. 69. Civil penalties. |
(a) Except as provided in this Section, any person who |
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. |
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(b) Notwithstanding the provisions of subsection (a) of |
this Section: |
(1) Any person who violates subsection (a) of Section |
60 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 and before June 30, 2011. |
For license fees due on or after July 1, 2011, any person |
who violates subsection (a) of Section 60 of this Act by |
failing to pay the license fee when due may be assessed a |
civil penalty, beginning on the 31st day after the license |
fee is due, in the following amounts: (i) beginning on the |
31st day after the license fee is due and until the 60th |
day after the license fee is due, $3 for each day during |
which the license fee is not paid and (ii) beginning on the |
61st day after the license fee is due and until the license |
fee is paid, $5 for each day during which the license fee |
is not paid. |
(2) Any person who violates subsection (d) or (h) of |
Section 65 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 |
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day for each day the person is not registered to sell |
drycleaning solvents. |
(c) The Council shall issue an administrative assessment |
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. |
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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, |
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 |
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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 |
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.
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(Source: P.A. 96-774, eff. 1-1-10.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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