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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 10, 40, and 85 as | |||||||||||||||||||||||
| 6 | follows:
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| 7 | (415 ILCS 135/10)
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| 8 | Sec. 10. Drycleaner Environmental Response Trust Fund.
| |||||||||||||||||||||||
| 9 | (a) The Drycleaner Environmental Response Trust Fund is | |||||||||||||||||||||||
| 10 | created as a
special fund in the State Treasury.
Moneys | |||||||||||||||||||||||
| 11 | deposited into the Fund shall be used solely
for the purposes | |||||||||||||||||||||||
| 12 | of
the Council and for other purposes
as provided in
this Act.
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| 13 | The Fund shall include moneys credited to the Fund under this | |||||||||||||||||||||||
| 14 | Act
and other moneys that by law may be credited to the Fund.
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| 15 | The State Treasurer may invest Funds deposited into
the Fund at | |||||||||||||||||||||||
| 16 | the direction of the Council. Interest, income from the
| |||||||||||||||||||||||
| 17 | investments, and other income earned by the Fund shall be | |||||||||||||||||||||||
| 18 | credited to and
deposited into the Fund.
| |||||||||||||||||||||||
| 19 | Pursuant to appropriation, all moneys in the Drycleaner | |||||||||||||||||||||||
| 20 | Environmental
Response Trust Fund shall be disbursed by the | |||||||||||||||||||||||
| 21 | Agency to the Council
for the purpose of making disbursements,
| |||||||||||||||||||||||
| 22 | if any, in accordance with this Act and for the purpose of | |||||||||||||||||||||||
| 23 | paying
the ordinary and
contingent
expenses of the Council. | |||||||||||||||||||||||
| |||||||
| |||||||
| 1 | After June 30, 1999, pursuant to appropriation, all
moneys in | ||||||
| 2 | the Drycleaner Environmental Response Trust Fund may be used by | ||||||
| 3 | the
Council for the purpose of making disbursements, if any, in | ||||||
| 4 | accordance with
this Act and for the purpose of paying the | ||||||
| 5 | ordinary and contingent expenses of
the Council.
| ||||||
| 6 | The Fund may be divided into different accounts with | ||||||
| 7 | different
depositories to fulfill the purposes of the Act as | ||||||
| 8 | determined by the Council.
| ||||||
| 9 | Moneys in the Fund at the end of a State fiscal year
shall | ||||||
| 10 | be carried forward to the next fiscal year and shall not revert | ||||||
| 11 | to
the General Revenue Fund.
| ||||||
| 12 | Notwithstanding any other law to the contrary, the | ||||||
| 13 | Drycleaner Environmental Response Trust Fund is not subject to | ||||||
| 14 | sweeps, administrative charge-backs, or any other fiscal | ||||||
| 15 | maneuver that would in any way transfer any amounts from the | ||||||
| 16 | Drycleaner Environmental Response Trust Fund into any other | ||||||
| 17 | fund of the State. | ||||||
| 18 | (b) The specific purposes of the Fund include but are not | ||||||
| 19 | limited to
the following:
| ||||||
| 20 | (1) To establish an account to fund remedial action of | ||||||
| 21 | drycleaning
solvent releases from drycleaning facilities | ||||||
| 22 | as provided by
Section 40.
| ||||||
| 23 | (2) To establish an insurance account for insuring | ||||||
| 24 | environmental risks
from releases from drycleaning | ||||||
| 25 | facilities within this State as
provided by Section 45.
| ||||||
| 26 | (c) The State, the General Revenue Fund, and any other Fund | ||||||
| |||||||
| |||||||
| 1 | of
the
State, other than the Drycleaner Environmental Response | ||||||
| 2 | Trust Fund, shall not
be
liable for a claim or cause of action | ||||||
| 3 | in connection with a drycleaning facility
not owned or operated | ||||||
| 4 | by the State or an agency of the State. All expenses
incurred | ||||||
| 5 | by the Fund shall be payable solely from the Fund and
no | ||||||
| 6 | liability or obligation shall be imposed upon the State. The | ||||||
| 7 | State is not
liable for a claim presented against the Fund.
| ||||||
| 8 | (d) The liability of the Fund is limited to the extent of | ||||||
| 9 | coverage provided
by the account under which a claim is | ||||||
| 10 | submitted, subject to the terms and
conditions of that | ||||||
| 11 | coverage. The liability of the Fund is further limited by
the | ||||||
| 12 | moneys made available to the Fund, and no remedy shall be | ||||||
| 13 | ordered
that would require the Fund to exceed its then current | ||||||
| 14 | funding limitations
to satisfy an award or which would restrict | ||||||
| 15 | the availability of moneys for
higher priority sites.
| ||||||
| 16 | (e) Nothing in this Act shall be construed to limit, | ||||||
| 17 | restrict, or affect the
authority and powers of the Agency or | ||||||
| 18 | another State agency or statute unless
the
State agency or | ||||||
| 19 | statute is specifically referenced and the limitation is
| ||||||
| 20 | clearly set forth in this Act.
| ||||||
| 21 | (Source: P.A. 90-502, eff. 8-19-97; 91-453, eff. 8-6-99.)
| ||||||
| 22 | (415 ILCS 135/40)
| ||||||
| 23 | Sec. 40. Remedial action account.
| ||||||
| 24 | (a) The remedial action account is established to provide | ||||||
| 25 | reimbursement to
eligible
claimants for
drycleaning solvent | ||||||
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| |||||||
| 1 | investigation, remedial action planning, and
remedial action | ||||||
| 2 | activities for existing drycleaning solvent contamination
| ||||||
| 3 | discovered at their drycleaning facilities.
| ||||||
| 4 | (b) The following persons are eligible for reimbursement | ||||||
| 5 | from the remedial
action account:
| ||||||
| 6 | (1) In the case of claimant who is the owner or | ||||||
| 7 | operator of an active
drycleaning
facility licensed by the | ||||||
| 8 | Council under this Act at the time of application for
| ||||||
| 9 | remedial action benefits afforded under
the Fund, the
| ||||||
| 10 | claimant is only eligible for reimbursement of remedial
| ||||||
| 11 | action costs incurred in connection with a release
from | ||||||
| 12 | that drycleaning facility,
subject to any other | ||||||
| 13 | limitations under this Act.
| ||||||
| 14 | (2) In the case of a claimant who is the owner of an | ||||||
| 15 | inactive drycleaning
facility and
was the owner or operator | ||||||
| 16 | of the drycleaning facility when it was
an active | ||||||
| 17 | drycleaning facility, the claimant is only eligible for
| ||||||
| 18 | reimbursement of remedial action costs incurred in
| ||||||
| 19 | connection with a release from the drycleaning facility,
| ||||||
| 20 | subject to any other limitations under
this Act.
| ||||||
| 21 | (c) An eligible claimant requesting reimbursement from the | ||||||
| 22 | remedial action
account shall meet all of the following:
| ||||||
| 23 | (1) The claimant demonstrates that the source of the | ||||||
| 24 | release is from
the claimant's drycleaning facility.
| ||||||
| 25 | (2) At the time the release was discovered by the | ||||||
| 26 | claimant, the claimant
and the drycleaning facility were in | ||||||
| |||||||
| |||||||
| 1 | compliance with the Agency reporting
and technical | ||||||
| 2 | operating requirements.
| ||||||
| 3 | (3) The claimant reported the release in a timely | ||||||
| 4 | manner to
the Agency in accordance with State law.
| ||||||
| 5 | (4) (Blank).
| ||||||
| 6 | (5) If the claimant is the owner or operator of an | ||||||
| 7 | active drycleaning
facility, the claimant has provided to | ||||||
| 8 | the Council proof of implementation and
maintenance of the | ||||||
| 9 | following pollution prevention measures:
| ||||||
| 10 | (A) That all drycleaning solvent wastes generated | ||||||
| 11 | at a drycleaning
facility be managed in accordance with | ||||||
| 12 | applicable State
waste management laws and rules.
| ||||||
| 13 | (B) A prohibition on the discharge of wastewater | ||||||
| 14 | from drycleaning
machines or of drycleaning solvent | ||||||
| 15 | from drycleaning
operations to a sanitary sewer or | ||||||
| 16 | septic tank or to the
surface or in groundwater.
| ||||||
| 17 | (C) That every drycleaning facility:
| ||||||
| 18 | (I) install a containment dike or other | ||||||
| 19 | containment
structure around each machine, item of | ||||||
| 20 | equipment, drycleaning area, and portable waste | ||||||
| 21 | container in which
any
drycleaning solvent is | ||||||
| 22 | utilized, which shall be capable
of containing | ||||||
| 23 | leaks, spills, or releases of
drycleaning
solvent | ||||||
| 24 | from that machine, item, area, or container. The | ||||||
| 25 | containment
dike or other containment structure | ||||||
| 26 | shall be capable of at least the following:
(i) | ||||||
| |||||||
| |||||||
| 1 | containing a capacity of 110% of the drycleaning | ||||||
| 2 | solvent in the largest
tank or vessel within the | ||||||
| 3 | machine; (ii) containing 100% of the drycleaning
| ||||||
| 4 | solvent of each item of equipment or drycleaning | ||||||
| 5 | area; and (iii) containing
100% of the drycleaning | ||||||
| 6 | solvent of the largest portable waste container or | ||||||
| 7 | at
least 10% of the total volume of the portable | ||||||
| 8 | waste containers stored within
the containment | ||||||
| 9 | dike or structure, whichever is greater.
| ||||||
| 10 | Petroleum underground storage tank systems | ||||||
| 11 | that are upgraded in
accordance with USEPA upgrade | ||||||
| 12 | standards pursuant to 40 CFR Part 280 for the
tanks | ||||||
| 13 | and
related piping systems and use a leak detection | ||||||
| 14 | system approved by the USEPA or
IEPA are exempt | ||||||
| 15 | from this secondary containment requirement; and
| ||||||
| 16 | (II) seal or otherwise render impervious those | ||||||
| 17 | portions of
diked floor surfaces on which a | ||||||
| 18 | drycleaning
solvent may leak, spill, or otherwise | ||||||
| 19 | be released.
| ||||||
| 20 | (D) A requirement that all drycleaning solvent | ||||||
| 21 | shall be delivered
to drycleaning facilities by means | ||||||
| 22 | of closed, direct-coupled
delivery systems.
| ||||||
| 23 | (6) An active drycleaning facility has maintained | ||||||
| 24 | continuous financial
assurance for environmental liability | ||||||
| 25 | coverage in the amount of at least
$500,000 at least since | ||||||
| 26 | the date of award of benefits under this Section
or July 1, | ||||||
| |||||||
| |||||||
| 1 | 2000, whichever is earlier.
An uninsured drycleaning | ||||||
| 2 | facility that
has filed an application for insurance with | ||||||
| 3 | the Fund by January 1, 2004,
obtained insurance through | ||||||
| 4 | that application, and maintained that insurance
coverage | ||||||
| 5 | continuously shall be considered to have conformed with the
| ||||||
| 6 | requirements of this subdivision (6). To conform with this | ||||||
| 7 | requirement the
applicant must pay the equivalent of the | ||||||
| 8 | total premiums due for the period
beginning June 30, 2000 | ||||||
| 9 | through the date of application plus a 20% penalty of
the | ||||||
| 10 | total premiums due for that period.
| ||||||
| 11 | (7) The release was discovered on or after July
1, 1997 | ||||||
| 12 | and before July 1, 2006.
| ||||||
| 13 | (d) A claimant shall submit a completed application form
| ||||||
| 14 | provided by the Council. The application shall contain | ||||||
| 15 | documentation of
activities, plans, and expenditures | ||||||
| 16 | associated with the eligible costs
incurred in response to a | ||||||
| 17 | release of drycleaning solvent from a
drycleaning facility. | ||||||
| 18 | Application for remedial action account benefits must be
| ||||||
| 19 | submitted to the Council on or before June 30, 2005.
| ||||||
| 20 | (e) Claimants shall be subject to the following deductible | ||||||
| 21 | requirements,
unless modified pursuant to the Council's | ||||||
| 22 | authority under
Section 75:
| ||||||
| 23 | (1) An eligible claimant submitting a claim
for an | ||||||
| 24 | active drycleaning facility is responsible for the first | ||||||
| 25 | $5,000 of
eligible investigation costs and for the first | ||||||
| 26 | $10,000 of eligible remedial
action costs incurred in | ||||||
| |||||||
| |||||||
| 1 | connection with the release from the drycleaning
facility | ||||||
| 2 | and is only eligible for reimbursement for costs that | ||||||
| 3 | exceed
those amounts, subject to any other limitations of | ||||||
| 4 | this Act.
| ||||||
| 5 | (2) An eligible claimant submitting a
claim for an | ||||||
| 6 | inactive drycleaning facility is responsible for the first | ||||||
| 7 | $10,000
of eligible investigation costs and for the first | ||||||
| 8 | $10,000 of eligible remedial
action costs incurred in | ||||||
| 9 | connection with the release from that drycleaning
| ||||||
| 10 | facility, and is only eligible for reimbursement for costs | ||||||
| 11 | that exceed
those amounts, subject to any other limitations | ||||||
| 12 | of this Act.
| ||||||
| 13 | (f) Claimants are subject to the following limitations on | ||||||
| 14 | reimbursement:
| ||||||
| 15 | (1) Subsequent to meeting the deductible requirements | ||||||
| 16 | of
subsection (e), and pursuant to the requirements of | ||||||
| 17 | Section 75,
reimbursement shall not exceed $300,000 per | ||||||
| 18 | active drycleaning facility and
$50,000 per inactive | ||||||
| 19 | drycleaning facility.
| ||||||
| 20 | (2) A contract in which one of the parties to the | ||||||
| 21 | contract is a claimant,
for goods or services that may be | ||||||
| 22 | payable or reimbursable from
the Council, is void and | ||||||
| 23 | unenforceable unless and until the Council has found
that | ||||||
| 24 | the
contract terms are within the range of usual and | ||||||
| 25 | customary rates
for similar or equivalent goods or services | ||||||
| 26 | within this State and
has found that the goods or services | ||||||
| |||||||
| |||||||
| 1 | are necessary for the claimant to
comply with Council | ||||||
| 2 | standards or other applicable regulatory standards.
| ||||||
| 3 | (3) A claimant may appoint the Council as an agent for | ||||||
| 4 | the purposes of
negotiating contracts with suppliers of | ||||||
| 5 | goods or services
reimbursable by the Fund. The Council may | ||||||
| 6 | select another
contractor for goods or services other than | ||||||
| 7 | the one offered by the
claimant if the scope of the | ||||||
| 8 | proposed work or actual work of the
claimant's offered | ||||||
| 9 | contractor does not reflect the quality of workmanship
| ||||||
| 10 | required or if the costs are determined to be excessive, as | ||||||
| 11 | determined by the
Council.
| ||||||
| 12 | (4) The Council may require a claimant to obtain and | ||||||
| 13 | submit 3 bids
and may require specific terms and conditions | ||||||
| 14 | in a
contract subject to approval.
| ||||||
| 15 | (5) The Council may enter into a contract or an | ||||||
| 16 | exclusive contract with
the supplier of goods or services | ||||||
| 17 | required by a claimant or class of
claimants, in connection | ||||||
| 18 | with an expense reimbursable from the
Fund, for a specified | ||||||
| 19 | good or service at a gross maximum
price or fixed rate, and | ||||||
| 20 | may limit reimbursement accordingly.
| ||||||
| 21 | (6) Unless emergency conditions exist, a service | ||||||
| 22 | provider shall
obtain the Council's approval of the budget | ||||||
| 23 | for the remediation work
before commencing the work. No | ||||||
| 24 | expense incurred that is above the budgeted
amount shall be | ||||||
| 25 | paid unless the Council approves
the expense prior to its | ||||||
| 26 | being incurred. All invoices and bills relating to
the | ||||||
| |||||||
| |||||||
| 1 | remediation work shall be submitted with appropriate | ||||||
| 2 | documentation, as
deemed
necessary by the Council.
| ||||||
| 3 | (7) Neither the Council nor an eligible claimant is | ||||||
| 4 | responsible for
payment for
costs incurred that have not | ||||||
| 5 | been previously approved by the
Council, unless an | ||||||
| 6 | emergency exists.
| ||||||
| 7 | (8) The Council may determine the usual and customary | ||||||
| 8 | costs of each
item for which reimbursement may be awarded | ||||||
| 9 | under this Section.
The Council may revise the usual and | ||||||
| 10 | customary costs from time
to time as necessary, but costs | ||||||
| 11 | submitted for reimbursement shall
be subject to the rates | ||||||
| 12 | in effect at the time the costs were
incurred.
| ||||||
| 13 | (9) If a claimant has pollution liability insurance | ||||||
| 14 | coverage other than
coverage provided by the insurance | ||||||
| 15 | account under this Act,
that coverage shall be primary. | ||||||
| 16 | Reimbursement from the remedial
account shall be limited to | ||||||
| 17 | the deductible amounts under the primary
coverage and the
| ||||||
| 18 | amount that exceeds the policy limits of the primary | ||||||
| 19 | coverage,
subject to the deductible amounts of this Act. If | ||||||
| 20 | there is a
dispute between the claimant and the primary | ||||||
| 21 | insurance provider,
reimbursement from the remedial action | ||||||
| 22 | account may be made to the claimant
after the claimant
| ||||||
| 23 | assigns all of his or her interests in the insurance | ||||||
| 24 | coverage to the Council.
| ||||||
| 25 | (g) The source of funds for the remedial action account | ||||||
| 26 | shall be moneys
allocated to the account by the Council | ||||||
| |||||||
| |||||||
| 1 | according to the Fund budget
approved by the Council.
| ||||||
| 2 | (h) A drycleaning facility will be classified as active or | ||||||
| 3 | inactive for
purposes of
determining benefits under this | ||||||
| 4 | Section based on the status of the facility
on the date a claim | ||||||
| 5 | is filed.
| ||||||
| 6 | (i) Eligible claimants shall conduct remedial action in | ||||||
| 7 | accordance with
the
Site Remediation Program under the | ||||||
| 8 | Environmental Protection Act and Part 740 of
Title 35 of the | ||||||
| 9 | Illinois Administrative Code and the Tiered Approach to Cleanup
| ||||||
| 10 | Objectives under Part 742 of Title 35 of the Illinois | ||||||
| 11 | Administrative Code.
| ||||||
| 12 | (j) Effective January 1, 2012, an active drycleaning | ||||||
| 13 | facility that has previously received or is currently receiving | ||||||
| 14 | reimbursement for the costs of a remedial action, as defined in | ||||||
| 15 | this Act, shall maintain continuous financial assurance for | ||||||
| 16 | environmental liability coverage in the amount of at least | ||||||
| 17 | $500,000 until the earlier of (i) January 1, 2030 2020 or (ii) | ||||||
| 18 | the date the Council determines the drycleaning facility is an | ||||||
| 19 | inactive drycleaning facility. Failure to comply with this | ||||||
| 20 | requirement will result in the revocation of the drycleaning | ||||||
| 21 | facility's existing license and in the inability of the | ||||||
| 22 | drycleaning facility to obtain or renew a license under Section | ||||||
| 23 | 60 of this Act. | ||||||
| 24 | (Source: P.A. 96-774, eff. 1-1-10; 97-377, eff. 1-1-12.)
| ||||||
| 25 | (415 ILCS 135/85)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 85. Repeal of fee and tax provisions. Sections 60 and | ||||||
| 2 | 65 of this Act
are repealed on January 1, 2030 2020.
| ||||||
| 3 | (Source: P.A. 93-201, eff. 1-1-04.)
| ||||||
| 4 | Section 99. Effective date. This Act takes effect upon | ||||||
| 5 | becoming law.
| ||||||