Bill Text: IL SB0171 | 2019-2020 | 101st General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Drycleaner Environmental Response Trust Fund Act. Provides for the transfer of the powers, duties, rights, and responsibilities of the Drycleaner Environmental Response Trust Fund Council to the Environmental Protection Agency. Makes corresponding changes. Makes corresponding changes, including providing that an owner or operator of a drycleaning facility may purchase specified insurance under the Act through the effective date of the amendatory Act (currently, there is no end date) and providing that financial assurance shall be offered for claims arising before July 1, 2020 (currently, there is no end date). Provides that during any fiscal year, no more than $600,000 shall be appropriated to the Agency from the Fund for administrative expenses, except for (i) any costs of complying with Title XVII of the Environmental Protection Act or (ii) any costs incurred by the Agency in performing investigative or remedial actions. Makes changes to provisions concerning the Drycleaner Environmental Response Trust Fund, powers and duties of the Council, remedial action accounts, drycleaning facility licenses and license fees, a drycleaning solvent tax, civil penalties, and audits and reports. Adds provisions concerning termination of contract with the Fund Administrator, criminal penalties, and review of final Council decisions. Changes the repeal date for specified fee and tax provisions from January 1, 2020 to January 1, 2030. Repeals provisions concerning creation of the Council, Council rules, audits and reports, and the adjustment of fees and taxes. Makes other changes. Amends the Environmental Protection Act. Makes changes to provisions concerning training requirements for a person who operates a perchloroethylene drycleaning machine. Effective July 1, 2020, except that the language in the Drycleaner Environmental Response Trust Fund Act concerning transfer of Council functions to the Agency, termination of contract with the Fund administrator, the insurance account, the eventual repeal of specified fee and tax provisions, and the repeal of provisions regarding the adjustment of fees and taxes take effect immediately.

Spectrum: Slight Partisan Bill (Democrat 21-9)

Status: (Passed) 2019-08-16 - Public Act . . . . . . . . . 101-0400 [SB0171 Detail]

Download: Illinois-2019-SB0171-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB0171 Introduced 1/30/2019, by Sen. Iris Y. Martinez SYNOPSIS AS INTRODUCED:
415 ILCS 135/10
415 ILCS 135/40
415 ILCS 135/85
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) January 1, 2030 (currently, January 1, 2020) or (ii) the date the Drycleaner Environmental Response Trust Fund Council determines the drycleaning facility is an inactive drycleaning facility. Extends the repeal date for specified fee and tax provisions of the Drycleaner Environmental Response Trust Fund Act to January 1, 2030 (currently, January 1, 2020). Effective immediately.
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A BILL FOR
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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 10, 40, and 85 as
follows:
(415 ILCS 135/10)
Sec. 10. Drycleaner Environmental Response Trust Fund.
(a) The Drycleaner Environmental Response Trust Fund is
created as a special fund in the State Treasury. Moneys
deposited into the Fund shall be used solely for the purposes
of the Council and for other purposes as provided in this Act.
The Fund shall include moneys credited to the Fund under this
Act and other moneys that by law may be credited to the Fund.
The State Treasurer may invest Funds deposited into the Fund at
the direction of the Council. Interest, income from the
investments, and other income earned by the Fund shall be
credited to and deposited into the Fund.
Pursuant to appropriation, all moneys in the Drycleaner
Environmental Response Trust Fund shall be disbursed by the
Agency to the Council for the purpose of making disbursements,
if any, in accordance with this Act and for the purpose of
paying the ordinary and contingent expenses of the Council.

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After June 30, 1999, pursuant to appropriation, all moneys in
the Drycleaner Environmental Response Trust Fund may be used by
the Council for the purpose of making disbursements, if any, in
accordance with this Act and for the purpose of paying the
ordinary and contingent expenses of the Council.
The Fund may be divided into different accounts with
different depositories to fulfill the purposes of the Act as
determined by the Council.
Moneys in the Fund at the end of a State fiscal year shall
be carried forward to the next fiscal year and shall not revert
to the General Revenue Fund.
Notwithstanding any other law to the contrary, the
Drycleaner Environmental Response Trust Fund is not subject to
sweeps, administrative charge-backs, or any other fiscal
maneuver that would in any way transfer any amounts from the
Drycleaner Environmental Response Trust Fund into any other
fund of the State.
(b) The specific purposes of the Fund include but are not
limited to the following:
(1) To establish an account to fund remedial action of
drycleaning solvent releases from drycleaning facilities
as provided by Section 40.
(2) To establish an insurance account for insuring
environmental risks from releases from drycleaning
facilities within this State as provided by Section 45.
(c) The State, the General Revenue Fund, and any other Fund

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of the State, other than the Drycleaner Environmental Response
Trust Fund, shall not be liable for a claim or cause of action
in connection with a drycleaning facility not owned or operated
by the State or an agency of the State. All expenses incurred
by the Fund shall be payable solely from the Fund and no
liability or obligation shall be imposed upon the State. The
State is not liable for a claim presented against the Fund.
(d) The liability of the Fund is limited to the extent of
coverage provided by the account under which a claim is
submitted, subject to the terms and conditions of that
coverage. The liability of the Fund is further limited by the
moneys made available to the Fund, and no remedy shall be
ordered that would require the Fund to exceed its then current
funding limitations to satisfy an award or which would restrict
the availability of moneys for higher priority sites.
(e) Nothing in this Act shall be construed to limit,
restrict, or affect the authority and powers of the Agency or
another State agency or statute unless the State agency or
statute is specifically referenced and the limitation is
clearly set forth in this Act.
(Source: P.A. 90-502, eff. 8-19-97; 91-453, eff. 8-6-99.)
(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

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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,
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

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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) (Blank).
(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:
(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)

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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
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,

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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.
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

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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
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

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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
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

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remediation work shall be submitted with appropriate
documentation, as deemed necessary by the Council.
(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
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

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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.
(j) Effective January 1, 2012, an active drycleaning
facility that has previously received or is currently receiving
reimbursement for the costs of a remedial action, as defined in
this Act, shall maintain continuous financial assurance for
environmental liability coverage in the amount of at least
$500,000 until the earlier of (i) January 1, 2030 2020 or (ii)
the date the Council determines the drycleaning facility is an
inactive drycleaning facility. Failure to comply with this
requirement will result in the revocation of the drycleaning
facility's existing license and in the inability of the
drycleaning facility to obtain or renew a license under Section
60 of this Act.
(Source: P.A. 96-774, eff. 1-1-10; 97-377, eff. 1-1-12.)
(415 ILCS 135/85)

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Sec. 85. Repeal of fee and tax provisions. Sections 60 and
65 of this Act are repealed on January 1, 2030 2020.
(Source: P.A. 93-201, eff. 1-1-04.)
Section 99. Effective date. This Act takes effect upon
becoming law.