Bill Text: IL SB0718 | 2019-2020 | 101st General Assembly | Chaptered

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Bill Title: Amends the Burn Injury Reporting Act. Makes a technical change in a Section concerning the short title.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2019-12-13 - Public Act . . . . . . . . . 101-0605 [SB0718 Detail]

Download: Illinois-2019-SB0718-Chaptered.html

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Public Act 101-0605
SB0718 Enrolled LRB101 04479 CPF 49487 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. "AN ACT concerning safety", Public Act 101-400,
approved August 16, 2019, is amended by changing Section 99 as
follows:
(P.A. 101-400, Sec. 99)
Sec. 99. Effective date. This Act takes effect on December
31, 2019, except that Sections 5, 10, and 20 take effect on
July 1, 2020.
(Source: P.A. 101-400, eff. 7-1-20.)
Section 10. The Drycleaner Environmental Response Trust
Fund Act is amended by changing Sections 12, 31, and 45, as
follows:
(415 ILCS 135/12)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 12. Transfer of Council functions to the Agency.
(a) On July 1, 2020, the Council is abolished, and, except
as otherwise provided in this Act Section, all powers, duties,
rights, and responsibilities of the Council are transferred to

the Agency. On and after that date, all of the general powers
necessary and convenient to implement and administer this Act
are, except as otherwise provided in this Act Section, hereby
vested in and may be exercised by the Agency, including, but
not limited to, the powers described in Section 25 of this Act.
(b) No later than June 30, 2020, the Administrator of the
Fund shall prepare on behalf of the Council and deliver to the
Agency a report that lists:
(1) the name, address, and telephone number of each
claimant who timely filed an application for remedial
action account benefits by June 30, 2005, and is eligible
for reimbursement from the Fund under Section 40 of this
Act for costs of remediation of a release of drycleaning
solvents from a drycleaning facility;
(2) the address of the drycleaning facility where the
release occurred and the names, addresses, and telephone
numbers of the owners and operators of the facility, as
well as whether the drycleaning facility was an active or
inactive drycleaning facility at the time that person
applied for remedial action benefits under Section 40 of
this Act;
(3) the deductible that applies with respect to the
release at the facility and the amount of the deductible
that has been satisfied;
(4) the total amount that has been reimbursed from the
Fund for the release at the facility;

(5) costs approved for reimbursement from the Fund on
or before June 30, 2020, but which have not been reimbursed
from the Fund, for the release at the facility;
(6) for each year during which insurance coverage was
provided under this Act, the name, address, and telephone
number of each person who obtained coverage and the names
and addresses of the drycleaning facilities for which that
person obtained coverage;
(7) the sites for which site investigations required
under subsection (d) of Section 45 have been deemed
adequate by the Council;
(8) the insurance claims under Section 45 of this Act
that are pending; and
(9) the appeals under this Act that are pending.
(c) No later than June 30, 2020, all books, records,
papers, documents, property (real and personal), contracts,
causes of action, and pending business pertaining to the
powers, duties, rights, and responsibilities transferred by
Public Act 101-400 and this amendatory Act of the 101st General
Assembly, including, but not limited to, material in electronic
or magnetic format and necessary computer hardware and
software, shall be transferred to the Agency, regardless of
whether they are in the possession of the Council, an
independent contractor who serves as Administrator of the Fund,
or any other person.
(d) At the direction of the Governor or on July 1, 2020,

whichever is earlier, all unexpended appropriations and
balances and other funds available for use by the Council, as
determined by the Director of the Governor's Office of
Management and Budget, shall be transferred for use by the
Agency in accordance with this Act, regardless of whether they
are in the possession of the Council, an independent contractor
who serves as Administrator of the Fund, or any other person.
Unexpended balances so transferred shall be expended by the
Agency only for the purpose for which the appropriations were
originally made.
(e) The transfer of powers, duties, rights, and
responsibilities pursuant to Public Act 101-400 and this
amendatory Act of the 101st General Assembly does not affect
any act done, ratified, or canceled or any right accruing or
established or any action or proceeding had or commenced by the
Council or the Administrator of the Fund before July 1, 2020;
such actions may be prosecuted and continued by the Attorney
General.
(f) Whenever reports or notices are required to be made or
given or papers or documents furnished or served by any person
to or upon the Council or the Administrator of the Fund in
connection with any of the powers, duties, rights, or
responsibilities transferred by Public Act 101-400 and this
amendatory Act of the 101st General Assembly to the Agency, the
same shall be made, given, furnished, or served in the same
manner to or upon the Agency.

(g) All rules duly adopted by the Council before July 1,
2020 shall become rules of the Board on July 1, 2020. The , and
beginning on that date, the Agency is authorized to propose to
the Board for adoption, and the Board may adopt, amendments to
those the transferred rules, as well as new rules, for carrying
out, administering, and enforcing the provisions of this Act.
(h) In addition to the rules described above, the Board is
hereby authorized to adopt rules establishing minimum
continuing education and compliance program requirements for
owners and operators of active drycleaning facilities. Board
rules establishing minimum continuing education requirements
shall, among other things, identify the minimum number of
continuing education credits that must be obtained and describe
the specific subjects to be covered in continuing education
programs. Board rules establishing minimum compliance program
requirements shall, among other things, identify the type of
inspections that must be conducted. The rules adopted by the
Board under this subsection (h) may also provide an exemption
from continuing education requirements for persons who have,
for at least 10 consecutive years on or after January 1, 2009,
owned or operated a drying facility licensed under this Act.
(i) For the purposes of the Successor Agency Act and
Section 9b of the State Finance Act, the Agency is the
successor to the Council beginning July 1, 2020.
(Source: P.A. 101-400, eff. 7-1-20.)

(415 ILCS 135/31)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 31. Prohibition on renewal of contract with Fund
Administrator. The On and after the effective date of this
amendatory Act of the 101st General Assembly, the Council shall
not enter into or renew any contract or agreement with a person
to act as the Administrator of the Fund for a term that extends
beyond June 30, 2020.
(Source: P.A. 101-400, eff. 7-1-20.)
(415 ILCS 135/45)
(Text of Section before amendment by P.A. 101-400)
Sec. 45. Insurance account.
(a) The insurance account shall offer financial assurance
for a qualified owner or operator of a drycleaning facility
under the terms and conditions provided for under this Section.
Coverage may be provided to either the owner or the operator of
a drycleaning facility. The Council is not required to resolve
whether the owner or operator, or both, are responsible for a
release under the terms of an agreement between the owner and
operator.
(b) The source of funds for the insurance account shall be
as follows:
(1) Moneys appropriated to the Council or moneys
allocated to the insurance account by the Council according

to the Fund budget approved by the Council.
(2) Moneys collected as an insurance premium,
including service fees, if any.
(3) Investment income attributed to the insurance
account by the Council.
(c) An owner or operator may purchase coverage of up to
$500,000 per drycleaning facility subject to the terms and
conditions under this Section and those adopted by the Council.
Coverage shall be limited to remedial action costs associated
with soil and groundwater contamination resulting from a
release of drycleaning solvent at an insured drycleaning
facility, including third-party liability for soil and
groundwater contamination. Coverage is not provided for a
release that occurred before the date of coverage.
(d) An owner or operator, subject to underwriting
requirements and terms and conditions deemed necessary and
convenient by the Council, may purchase insurance coverage from
the insurance account provided that the drycleaning facility to
be insured meets the following conditions:
(1) a site investigation designed to identify soil and
groundwater contamination resulting from the release of a
drycleaning solvent has been completed. The Council shall
determine if the site investigation is adequate. This
investigation must be completed by June 30, 2006. For
drycleaning facilities that apply for insurance coverage
after June 30, 2006, the site investigation must be

completed prior to issuance of insurance coverage; and
(2) the drycleaning facility is participating in and
meets all requirements of a drycleaning compliance program
approved by the Council.
(e) The annual premium for insurance coverage shall be:
(1) For the year July 1, 1999 through June 30, 2000,
$250 per drycleaning facility.
(2) For the year July 1, 2000 through June 30, 2001,
$375 per drycleaning facility.
(3) For the year July 1, 2001 through June 30, 2002,
$500 per drycleaning facility.
(4) For the year July 1, 2002 through June 30, 2003,
$625 per drycleaning facility.
(5) For subsequent years, an owner or operator applying
for coverage shall pay an annual actuarially-sound
insurance premium for coverage by the insurance account.
The Council may approve Fund coverage through the payment
of a premium established on an actuarially-sound basis,
taking into consideration the risk to the insurance account
presented by the insured. Risk factor adjustments utilized
to determine actuarially-sound insurance premiums should
reflect the range of risk presented by the variety of
drycleaning systems, monitoring systems, drycleaning
volume, risk management practices, and other factors as
determined by the Council. As used in this item,
"actuarially sound" is not limited to Fund premium revenue

equaling or exceeding Fund expenditures for the general
drycleaning facility population. Actuarially-determined
premiums shall be published at least 180 days prior to the
premiums becoming effective.
(e-5) If an insurer sends a second notice to an owner or
operator demanding immediate payment of a past-due premium for
insurance services provided pursuant to this Act, the demand
for payment must offer a grace period of not less than 30 days
during which the owner or operator shall be allowed to pay any
premiums due. If payment is made during that period, coverage
under this Act shall not be terminated for non-payment by the
insurer.
(e-6) If an insurer terminates an owner or operator's
coverage under this Act, the insurer must send a written notice
to the owner or operator to inform him or her of the
termination of that coverage, and that notice must include
instructions on how to seek reinstatement of coverage, as well
as information concerning any premiums or penalties that might
be due.
(f) If coverage is purchased for any part of a year, the
purchaser shall pay the full annual premium. The insurance
premium is fully earned upon issuance of the insurance policy.
(g) The insurance coverage shall be provided with a $10,000
deductible policy.
(h) A future repeal of this Section shall not terminate the
obligations under this Section or authority necessary to

administer the obligations until the obligations are
satisfied, including but not limited to the payment of claims
filed prior to the effective date of any future repeal against
the insurance account until moneys in the account are
exhausted. Upon exhaustion of the moneys in the account, any
remaining claims shall be invalid. If moneys remain in the
account following satisfaction of the obligations under this
Section, the remaining moneys and moneys due the account shall
be used to assist current insureds to obtain a viable insuring
mechanism as determined by the Council after public notice and
opportunity for comment.
(Source: P.A. 98-327, eff. 8-13-13.)
(Text of Section after amendment by P.A. 101-400)
Sec. 45. Insurance account.
(a) The insurance account shall offer financial assurance
for a qualified owner or operator of a drycleaning facility
under the terms and conditions provided for under this Section.
Coverage may be provided to either the owner or the operator of
a drycleaning facility. Neither the Agency nor the Council is
required to resolve whether the owner or operator, or both, are
responsible for a release under the terms of an agreement
between the owner and operator.
(b) The source of funds for the insurance account shall be
as follows:
(1) moneys allocated to the insurance account;

(2) moneys collected as an insurance premium,
including service fees, if any; and
(3) investment income attributed to the insurance
account.
(c) An owner or operator may purchase coverage of up to
$500,000 per drycleaning facility subject to the terms and
conditions under this Section and those adopted by the Council
before July 1, 2020 or by the Board on or after that date.
Coverage shall be limited to remedial action costs associated
with soil and groundwater contamination resulting from a
release of drycleaning solvent at an insured drycleaning
facility, including third-party liability for soil and
groundwater contamination. Coverage is not provided for a
release that occurred before the date of coverage.
(d) An owner or operator, subject to underwriting
requirements and terms and conditions deemed necessary and
convenient by the Council for periods before July 1, 2020 and
subject to terms and conditions deemed necessary and convenient
by the Board for periods on or after that date, may purchase
insurance coverage from the insurance account provided that:
(1) a site investigation designed to identify soil and
groundwater contamination resulting from the release of a
drycleaning solvent has been completed for the drycleaning
facility to be insured and the site investigation has been
found adequate by the Council before July 1, 2020 or by the
Agency on or after that date; and

(2) the drycleaning facility is participating in and
meets all drycleaning compliance program requirements
adopted by the Board pursuant Section 12 of this Act; the
Drycleaner Environmental Response Trust Fund Act.
(3) the drycleaning facility to be insured is licensed
under Section 60 of this Act and all fees due under that
Section have been paid;
(4) the owner or operator of the drycleaning facility
to be insured provides proof to the Agency or Council that:
(A) all drycleaning solvent wastes generated at
the facility are managed in accordance with applicable
State waste management laws and rules;
(B) there is no discharge of wastewater from
drycleaning machines, or of drycleaning solvent from
drycleaning operations, to a sanitary sewer or septic
tank, to the surface, or in groundwater;
(C) the facility has 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, that is capable of containing leaks, spills,
or releases of drycleaning solvent from that machine,
item, area, or container, including: (i) 100% of the
drycleaning solvent in the largest tank or vessel; (ii)
100% of the drycleaning solvent of each item of
drycleaning equipment; and (iii) 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;
(D) those portions of diked floor surfaces at the
facility on which a drycleaning solvent may leak,
spill, or otherwise be released are sealed or otherwise
rendered impervious;
(E) all drycleaning solvent is delivered to the
facility by means of closed, direct-coupled delivery
systems; and
(F) the drycleaning facility is in compliance with
paragraph (2) of subsection (d) of this Section; and
(5) the owner or operator of the drycleaning facility
to be insured has paid all insurance premiums for insurance
coverage provided under this Section.
Petroleum underground storage tank systems that are in
compliance with applicable USEPA and State Fire Marshal
rules, including, but not limited to, leak detection system
rules, are exempt from the secondary containment
requirement in subparagraph (C) of paragraph (3) of this
subsection (d).
(e) The annual premium for insurance coverage shall be:
(1) For the year July 1, 1999 through June 30, 2000,
$250 per drycleaning facility.
(2) For the year July 1, 2000 through June 30, 2001,

$375 per drycleaning facility.
(3) For the year July 1, 2001 through June 30, 2002,
$500 per drycleaning facility.
(4) For the year July 1, 2002 through June 30, 2003,
$625 per drycleaning facility.
(5) For each subsequent program year through the
program year ending June 30, 2019 For subsequent years, an
owner or operator applying for coverage shall pay an annual
actuarially-sound insurance premium for coverage by the
insurance account. The Council may approve Fund coverage
through the payment of a premium established on an
actuarially-sound basis, taking into consideration the
risk to the insurance account presented by the insured.
Risk factor adjustments utilized to determine
actuarially-sound insurance premiums should reflect the
range of risk presented by the variety of drycleaning
systems, monitoring systems, drycleaning volume, risk
management practices, and other factors as determined by
the Council. As used in this item, "actuarially sound" is
not limited to Fund premium revenue equaling or exceeding
Fund expenditures for the general drycleaning facility
population. Actuarially-determined premiums shall be
published at least 180 days prior to the premiums becoming
effective.
(6) For the year July 1, 2020 through June 30, 2021,
and for subsequent years through June 30, 2029, $1,500 per

drycleaning facility per year.
(7) For July 1, 2029 through January 1, 2030, $750 per
drycleaning facility.
(e-5) (Blank).
(e-6) (Blank).
(f) If coverage is purchased for any part of a year, the
purchaser shall pay the full annual premium. Until July 1,
2020, the The insurance premium is fully earned upon issuance
of the insurance policy. Beginning July 1, 2020, coverage first
commences for a purchaser only after payment of the full annual
premium due for the applicable program year.
(g) Any insurance coverage provided under this Section
shall be subject to a $10,000 deductible.
(h) A future repeal of this Section shall not terminate the
obligations under this Section or authority necessary to
administer the obligations until the obligations are
satisfied, including but not limited to the payment of claims
filed prior to the effective date of any future repeal against
the insurance account until moneys in the account are
exhausted. Upon exhaustion of the moneys in the account, any
remaining claims shall be invalid. If moneys remain in the
account following satisfaction of the obligations under this
Section, the remaining moneys and moneys due the account shall
be deposited in the remedial action account.
(Source: P.A. 101-400, eff. 7-1-20.)

Section 15. The Drycleaner Environmental Response Trust
Fund Act is amended by changing Sections 5, 25, 40, and 60 as
follows:
(415 ILCS 135/5)
(Text of Section before amendment by P.A. 101-400)
Sec. 5. Definitions. As used in this Act:
(a) "Active drycleaning facility" means a drycleaning
facility actively engaged in drycleaning operations and
licensed under Section 60 of this Act.
(b) "Agency" means the Illinois Environmental Protection
Agency.
(c) "Claimant" means an owner or operator of a drycleaning
facility who has applied for reimbursement from the remedial
account or who has submitted a claim under the insurance
account with respect to a release.
(d) "Council" means the Drycleaner Environmental Response
Trust Fund Council.
(e) "Drycleaner Environmental Response Trust Fund" or
"Fund" means the fund created under Section 10 of this Act.
(f) "Drycleaning facility" means a facility located in this
State that is or has been engaged in drycleaning operations for
the general public, other than a:
(1) facility located on a United States military base;
(2) industrial laundry, commercial laundry, or linen
supply facility;

(3) prison or other penal institution that engages in
drycleaning only as part of a Correctional Industries
program to provide drycleaning to persons who are
incarcerated in a prison or penal institution or to
resident patients of a State-operated mental health
facility;
(4) not-for-profit hospital or other health care
facility; or a
(5) facility located or formerly located on federal or
State property.
(g) "Drycleaning operations" means drycleaning of apparel
and household fabrics for the general public, as described in
Standard Industrial Classification Industry No. 7215 and No.
7216 in the Standard Industrial Classification Manual (SIC) by
the Technical Committee on Industrial Classification.
(h) "Drycleaning solvent" means any and all nonaqueous
solvents, including but not limited to a chlorine-based or
petroleum-based formulation or product, including green
solvents, that are used as a primary cleaning agent in
drycleaning operations.
(i) "Emergency" or "emergency action" means a situation or
an immediate response to a situation to protect public health
or safety. "Emergency" or "emergency action" does not mean
removal of contaminated soils, recovery of free product, or
financial hardship. An "emergency" or "emergency action" would
normally be expected to be directly related to a sudden event

or discovery and would last until the threat to public health
is mitigated.
(j) "Groundwater" means underground water that occurs
within the saturated zone and geologic materials where the
fluid pressure in the pore space is equal to or greater than
the atmospheric pressure.
(k) "Inactive drycleaning facility" means a drycleaning
facility that is not being used for drycleaning operations and
is not registered under this Act.
(l) "Maintaining a place of business in this State" or any
like term means (1) having or maintaining within this State,
directly or through a subsidiary, an office, distribution
facility, distribution house, sales house, warehouse, or other
place of business or (2) operating within this State as an
agent or representative for a person or a person's subsidiary
engaged in the business of selling to persons within this
State, irrespective of whether the place of business or agent
or other representative is located in this State permanently or
temporary, or whether the person or the person's subsidiary
engages in the business of selling in this State.
(m) "No Further Remediation Letter" means a letter provided
by the Agency pursuant to Section 58.10 of Title XVII of the
Environmental Protection Act.
(n) "Operator" means a person or entity holding a business
license to operate a licensed drycleaning facility or the
business operation of which the drycleaning facility is a part.

(o) "Owner" means (1) a person who owns or has possession
or control of a drycleaning facility at the time a release is
discovered, regardless of whether the facility remains in
operation or (2) a parent corporation of the person under item
(1) of this subdivision.
(p) "Parent corporation" means a business entity or other
business arrangement that has elements of common ownership or
control or that uses a long-term contractual arrangement with a
person to avoid direct responsibility for conditions at a
drycleaning facility.
(q) "Person" means an individual, trust, firm, joint stock
company, corporation, consortium, joint venture, or other
commercial entity.
(r) "Program year" means the period beginning on July 1 and
ending on the following June 30.
(s) "Release" means any spilling, leaking, emitting,
discharging, escaping, leaching, or dispersing of drycleaning
solvents from a drycleaning facility to groundwater, surface
water, or subsurface soils.
(t) "Remedial action" means activities taken to comply with
Sections 58.6 and 58.7 of the Environmental Protection Act and
rules adopted by the Pollution Control Board under those
Sections.
(u) "Responsible party" means an owner, operator, or other
person financially responsible for costs of remediation of a
release of drycleaning solvents from a drycleaning facility.

(v) "Service provider" means a consultant, testing
laboratory, monitoring well installer, soil boring contractor,
other contractor, lender, or any other person who provides a
product or service for which a claim for reimbursement has been
or will be filed against the remedial account or insurance
account, or a subcontractor of such a person.
(w) "Virgin facility" means a drycleaning facility that has
never had chlorine-based or petroleum-based drycleaning
solvents stored or used at the property prior to it becoming a
green solvent drycleaning facility.
(Source: P.A. 93-201, eff. 1-1-04.)
(Text of Section after amendment by P.A. 101-400)
Sec. 5. Definitions. As used in this Act:
"Active drycleaning facility" means a drycleaning facility
actively engaged in drycleaning operations and licensed under
Section 60 of this Act.
"Agency" means the Illinois Environmental Protection
Agency.
"Board" means the Illinois Pollution Control Board.
"Claimant" means an owner or operator of a drycleaning
facility who has applied for reimbursement from the remedial
account or who has submitted a claim under the insurance
account with respect to a release.
"Council" means the Drycleaner Environmental Response
Trust Fund Council.

"Drycleaner Environmental Response Trust Fund" or "Fund"
means the fund created under Section 10 of this Act.
"Drycleaning facility" means a facility located in this
State that is or has been engaged in drycleaning operations for
the general public, other than:
(1) a facility located on a United States military
base;
(2) an industrial laundry, commercial laundry, or
linen supply facility;
(3) a prison or other penal institution that engages in
drycleaning only as part of a Correctional Industries
program to provide drycleaning to persons who are
incarcerated in a prison or penal institution or to
resident patients of a State-operated mental health
facility;
(4) a not-for-profit hospital or other health care
facility; or a
(5) a facility located or formerly located on federal
or State property.
"Drycleaning operations" means drycleaning of apparel and
household fabrics for the general public, as described in
Standard Industrial Classification Industry No. 7215 and No.
7216 in the Standard Industrial Classification Manual (SIC) by
the Technical Committee on Industrial Classification.
"Drycleaning solvent" means any and all nonaqueous
solvents, including but not limited to a chlorine-based or

petroleum-based formulation or product, including green
solvents, that are used as a primary cleaning agent in
drycleaning operations.
"Emergency" or "emergency action" means a situation or an
immediate response to a situation to protect public health or
safety. "Emergency" or "emergency action" does not mean removal
of contaminated soils, recovery of free product, or financial
hardship. An "emergency" or "emergency action" would normally
be expected to be directly related to a sudden event or
discovery and would last until the threat to public health is
mitigated.
"Groundwater" means underground water that occurs within
the saturated zone and geologic materials where the fluid
pressure in the pore space is equal to or greater than the
atmospheric pressure.
"Inactive drycleaning facility" means a drycleaning
facility that is not being used for drycleaning operations and
is not registered under this Act.
"Maintaining a place of business in this State" or any like
term means (1) having or maintaining within this State,
directly or through a subsidiary, an office, distribution
facility, distribution house, sales house, warehouse, or other
place of business or (2) operating within this State as an
agent or representative for a person or a person's subsidiary
engaged in the business of selling to persons within this
State, irrespective of whether the place of business or agent

or other representative is located in this State permanently or
temporary, or whether the person or the person's subsidiary
engages in the business of selling in this State.
"No Further Remediation Letter" means a letter provided by
the Agency pursuant to Section 58.10 of Title XVII of the
Environmental Protection Act.
"Operator" means a person or entity holding a business
license to operate a licensed drycleaning facility or the
business operation of which the drycleaning facility is a part.
"Owner" means (1) a person who owns or has possession or
control of a drycleaning facility at the time a release is
discovered, regardless of whether the facility remains in
operation or (2) a parent corporation of the person under item
(1) of this subdivision.
"Parent corporation" means a business entity or other
business arrangement that has elements of common ownership or
control or that uses a long-term contractual arrangement with a
person to avoid direct responsibility for conditions at a
drycleaning facility.
"Person" means an individual, trust, firm, joint stock
company, corporation, consortium, joint venture, or other
commercial entity.
"Program year" means the period beginning on July 1 and
ending on the following June 30.
"Release" means any spilling, leaking, emitting,
discharging, escaping, leaching, or dispersing of drycleaning

solvents from a drycleaning facility to groundwater, surface
water, or subsurface soils.
"Remedial action" means activities taken to comply with
Title XVII of the Environmental Protection Act and rules
adopted by the Board to administer that Title.
"Responsible party" means an owner, operator, or other
person financially responsible for costs of remediation of a
release of drycleaning solvents from a drycleaning facility.
"Service provider" means a consultant, testing laboratory,
monitoring well installer, soil boring contractor, other
contractor, lender, or any other person who provides a product
or service for which a claim for reimbursement has been or will
be filed against the Fund, or a subcontractor of such a person.
"Virgin facility" means a drycleaning facility that has
never had chlorine-based or petroleum-based drycleaning
solvents stored or used at the property prior to it becoming a
green solvent drycleaning facility.
(Source: P.A. 101-400, eff. 7-1-20.)
(415 ILCS 135/25)
(Text of Section before amendment by P.A. 101-400)
Sec. 25. Powers and duties of the Council.
(a) The Council shall have all of the general powers
reasonably necessary and convenient to carry out its purposes
and may perform the following functions, subject to any express
limitations contained in this Act:

(1) Take actions and enter into agreements necessary to
reimburse claimants for eligible remedial action expenses,
assist the Agency to protect the environment from releases,
reduce costs associated with remedial actions, and
establish and implement an insurance program.
(2) Acquire and hold personal property to be used for
the purpose of remedial action.
(3) Purchase, construct, improve, furnish, equip,
lease, option, sell, exchange, or otherwise dispose of one
or more improvements under the terms it determines. The
Council may define "improvements" by rule for purposes of
this Act.
(4) Grant a lien, pledge, assignment, or other
encumbrance on one or more revenues, assets of right,
accounts, or funds established or received in connection
with the Fund, including revenues derived from fees or
taxes collected under this Act.
(5) Contract for the acquisition or construction of one
or more improvements or parts of one or more improvements
or for the leasing, subleasing, sale, or other disposition
of one or more improvements in a manner the Council
determines.
(6) Cooperate with the Agency in the implementation and
administration of this Act to minimize unnecessary
duplication of effort, reporting, or paperwork and to
maximize environmental protection within the funding

limits of this Act.
(7) Except as otherwise provided by law, inspect any
document in the possession of an owner, operator, service
provider, or any other person if the document is relevant
to a claim for reimbursement under this Section or may
inspect a drycleaning facility for which a claim for
benefits under this Act has been submitted.
(b) The Council shall pre-approve, and the contracting
parties shall seek pre-approval for, a contract entered into
under this Act if the cost of the contract exceeds $75,000. The
Council or its designee shall review and approve or disapprove
all contracts entered into under this Act. However, review by
the Council or its designee shall not be required when an
emergency situation exists. All contracts entered into by the
Council shall be awarded on a competitive basis to the maximum
extent practical. In those situations where it is determined
that bidding is not practical, the basis for the determination
of impracticability shall be documented by the Council or its
designee.
(c) The Council may prioritize the expenditure of funds
from the remedial action account whenever it determines that
there are not sufficient funds to settle all current claims. In
prioritizing, the Council may consider the following:
(1) the degree to which human health is affected by the
exposure posed by the release;
(2) the reduction of risk to human health derived from

remedial action compared to the cost of the remedial
action;
(3) the present and planned uses of the impacted
property; and
(4) other factors as determined by the Council.
(d) The Council shall adopt rules allowing the direct
payment from the Fund to a contractor who performs remediation.
The rules concerning the direct payment shall include a
provision that any applicable deductible must be paid by the
drycleaning facility prior to any direct payment from the Fund.
(e) The Council may purchase reinsurance coverage to reduce
the Fund's potential liability for reimbursement of remedial
action costs.
(Source: P.A. 93-201, eff. 1-1-04.)
(Text of Section after amendment by P.A. 101-400)
Sec. 25. Powers and duties of the Agency and Board.
(a) The Agency shall have all of the general powers
reasonably necessary and convenient to carry out this Act,
including, but not limited to, the power to:
(1) Take actions and enter into agreements necessary
to:
(A) reimburse claimants for eligible remedial
action expenses;
(B) protect the environment from releases for
which claimants are eligible for reimbursement under

this Act by, among other things, performing
investigative, remedial, or other appropriate actions
in response to those releases; and
(C) reduce costs associated with remedial actions;
and .
(D) pay eligible claims in accordance with
coverage provided under Section 45 of this Act.
(2) Acquire and hold personal property to be used for
the purpose of remedial action.
(3) (Blank).
(4) (Blank).
(5) (Blank).
(6) (Blank).
(7) Except as otherwise provided by law, inspect any
document in the possession of an owner, operator, service
provider, or any other person if the document is relevant
to a claim for reimbursement under this Section or may
inspect a drycleaning facility for which a claim for
benefits under this Act has been submitted.
(b) (Blank).
(c) The Agency shall, in accordance with Board rules,
prioritize the expenditure of funds from the remedial action
account whenever it determines that there are not sufficient
funds to settle all current claims. In prioritizing, the Agency
shall consider, among other things, the following:
(1) the degree to which human health is affected by the

exposure posed by the release;
(2) the reduction of risk to human health derived from
remedial action compared to the cost of the remedial
action;
(3) the present and planned uses of the impacted
property;
(4) whether the claimant is currently licensed,
insured, and has paid all fees and premiums due under this
Act; and
(5) other factors as determined by the Board.
(d) The Board may adopt rules allowing the direct payment
from the Fund to a contractor who performs remediation. The
rules concerning the direct payment shall include a provision
that any applicable deductible must be paid by the drycleaning
facility prior to any direct payment from the Fund.
(e) (Blank).
(f) The Agency may, in accordance with constitutional
limitations, enter at all reasonable times upon any private or
public property for the purpose of inspecting and investigating
to ascertain possible violations of this Act, any rule adopted
under this Act, or any order entered pursuant to this Act.
(g) If the Agency becomes aware of a violation of this Act
or any rule adopted under this Act, it may refer the matter to
the Attorney General for enforcement.
(h) In calendar years 2021 and 2022 and as deemed necessary
by the Director of the Agency thereafter, the Agency shall

prepare a report on the status of the Fund and convene a public
meeting for purposes of disseminating the information in the
report and accepting questions from members of the public on
its contents. The reports prepared by the Agency under this
subsection shall, at a minimum, describe the current financial
status of the Fund, identify administrative expenses incurred
by the Agency in its administration of the Fund, identify
amounts from the Fund that have been applied toward remedial
action and insurance claims under the Act, and list the
drycleaning facilities in the State eligible for reimbursement
from the Fund that have completed remedial action. The Agency
shall make available on its website an electronic copy of the
reports required under this subsection.
(Source: P.A. 101-400, eff. 7-1-20.)
(415 ILCS 135/40)
(Text of Section before amendment by P.A. 101-400)
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,
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) (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)
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,
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
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
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
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
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, 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.)
(Text of Section after amendment by P.A. 101-400)
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 a claimant who is the owner or
operator of an active drycleaning facility licensed 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
compliance with the Agency reporting and technical
operating requirements.
(3) The claimant reported the release in a timely
manner in accordance with State law.

(4) The drycleaning facility site is enrolled in the
Site Remediation Program established under Title XVII of
the Environmental Protection Act.
(5) If the claimant is the owner or operator of an
active drycleaning facility, the claimant must ensure
that:
(A) All drycleaning solvent wastes generated at
the drycleaning facility are managed in accordance
with applicable State waste management laws and rules.
(B) There is no 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) The drycleaning facility has 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 is 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 in compliance with USEPA and State Fire Marshal
rules, including, but not limited to, leak detection
system rules, are exempt from this secondary
containment requirement.
(D) Those portions of diked floor surfaces on which
a drycleaning solvent may leak, spill, or otherwise be
released are sealed or otherwise impervious.
(E) All drycleaning solvent is 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 must have submitted 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 have been
submitted to the Council on or before June 30, 2005.
(e) Claimants shall be subject to the following deductible
requirements:
(1) If, by January 1, 2008, an eligible claimant
submitting a claim for an active drycleaning facility
completed site investigation and submitted to the Council a
complete remedial action plan for the site, then the
eligible claimant 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. Any
eligible claimant submitting any other claim for an active
drycleaning facility is responsible for the first $5,000 of

eligible investigation costs and for the first $15,000 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) If, by January 1, 2008, an eligible claimant
submitting a claim for an inactive drycleaning facility
completed site investigation and submitted to the Council a
complete remedial action plan for the site, then the
claimant 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. Any
eligible claimant submitting any other claim for an
inactive drycleaning facility is responsible for the first
$15,000 of eligible investigation costs and for the first
$15,000 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.
(f) Claimants are subject to the following limitations on
reimbursement:
(1) Subsequent to meeting the deductible requirements

of subsection (e), reimbursement shall not exceed $300,000
per active drycleaning facility and $50,000 per inactive
drycleaning facility.
(2) (Blank).
(3) (Blank).
(4) The Agency 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 Agency 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 Agency's approval of all
remediation work to be reimbursed from the Fund and a
budget for the remediation work before commencing the work.
No expense incurred that is above the budgeted amount shall
be paid unless the Agency approves the expense. All
invoices and bills relating to the remediation work shall
be submitted with appropriate documentation, as deemed
necessary by the Agency.
(7) Neither the Council, nor the Agency, nor an
eligible claimant is responsible for payment for costs
incurred that have not been previously approved by the

Council, or Agency, unless an emergency exists.
(8) To be eligible for reimbursement from the Fund,
costs must be within the range of usual and customary rates
for similar or equivalent goods or services, incurred in
performance of remediation work approved by the Agency, and
necessary to respond to the release for which the claimant
is seeking reimbursement from the Fund.
(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 established
pursuant to this Act.
(f-5) Costs of corrective action or indemnification
incurred by a claimant which have been paid to a claimant under
a policy of insurance other than the insurance provided under
this Act, another written agreement, or a court order are not
eligible for reimbursement. A claimant who receives payment
under such a policy, written agreement, or court order shall
reimburse the State to the extent such payment covers costs for
which payment was received from the Fund. Any moneys received
by the State under this subsection shall be deposited into the
Fund.
(g) The source of funds for the remedial action account

shall be moneys allocated to the account by the Agency.
(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 Title XVII of the Environmental Protection Act
and rules adopted under that Act.
(j) Effective January 1, 2012, the owner or operator of 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 for that facility until January
1, 2030. 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.
(k) Owners Effective January 1, 2020, owners and operators
of inactive drycleaning facilities that are eligible for
reimbursement from the Fund on that date shall, through
calendar year 2029 until January 1, 2030, pay an annual $3,000
administrative assessment each calendar year to the Agency for
the facility. For calendar year 2020, the annual assessment
described in this subsection (k) is due on or before October 1,
2020. For each subsequent calendar year, the annual assessment

described in this subsection (k) is due on or before February 1
of the applicable calendar year. Administrative assessments
collected by the Agency under this subsection (k) shall be
deposited into the Fund.
(Source: P.A. 101-400, eff. 7-1-20.)
(415 ILCS 135/60)
(Text of Section before amendment by P.A. 101-400)
(Section scheduled to be repealed on January 1, 2020;
Public Act 101-400 contains language changing the repeal date
of this Section from January 1, 2020 to January 1, 2030, but
the repeal of this Section takes place before Public Act
101-400 takes effect on July 1, 2020)
Sec. 60. Drycleaning facility license.
(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, proof of payment of
the required fee to the Department of Revenue, and, if the
drycleaning facility has previously received or is currently
receiving reimbursement for the costs of a remedial action, as
defined in this Act, proof of compliance with subsection (j) of
Section 40. Beginning January 1, 2013, license renewal
application forms must include a certification by the applicant

that all hazardous waste stored at the drycleaning facility is
stored in accordance with all applicable federal and state laws
and regulations, and that all hazardous waste transported from
the drycleaning facility is transported in accordance with all
applicable federal and state laws and regulations. Also,
beginning January 1, 2013, license renewal applications must
include copies of all manifests for hazardous waste transported
from the drycleaning facility during the previous 12 months or
since the last submission of copies of manifests, whichever is
longer. If the Council does not receive a copy of a manifest
for a drycleaning facility within a 3-year period, or within a
shorter period as determined by the Council, the Council shall
make appropriate inquiry into the management of hazardous waste
at the facility and may share the results of the inquiry with
the Agency.
(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.
(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
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
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
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
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 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
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, credit card, business check,
or guaranteed remittance to the Department of Revenue. The
Department may accept payment of the license fee under this
Section by credit card only if the Department is not required
to pay a discount fee charged by the credit card issuer. 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, 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.
(g) (Blank).
(h) The Council and the Department of Revenue may adopt
rules as necessary to administer the licensing requirements of
this Act.
(Source: P.A. 96-774, eff. 1-1-10; 97-332, eff. 8-12-11;
97-377, eff. 1-1-12; 97-663, eff. 1-13-12; 97-813, eff.
7-13-12; 97-1057, eff. 1-1-13.)
(Text of Section after amendment by P.A. 101-400)
(Section scheduled to be repealed on January 1, 2020;
Public Act 101-400 contains language changing the repeal date
of this Section from January 1, 2020 to January 1, 2030, but
the repeal of this Section takes place before Public Act
101-400 takes effect on July 1, 2020))
Sec. 60. Drycleaning facility license.
(a) No person shall operate a drycleaning facility in this
State without a license issued by the Council or Agency. Until
July 1, 2020, the license required under this subsection shall

be issued by the Council. On and after July 1, 2020, the
license required under this subsection shall be issued by the
Agency.
(b) Beginning July 1, 2020, an initial or renewal license
shall be issued to a drycleaning facility on submission by an
applicant of a completed form prescribed by the Agency and
proof of payment of the required fee to the Department of
Revenue, and, if the drycleaning facility has previously
received or is currently receiving reimbursement for the costs
of a remedial action, as defined in this Act, proof of
compliance with subsection (j) of Section 40. The Agency shall
make available on its website an electronic copy of the
required license and license renewal applications. License
renewal application forms must include a certification by the
applicant:
(1) that all hazardous waste stored at the drycleaning
facility is stored in accordance with all applicable
federal and state laws and regulations;
(2) that all hazardous waste transported from the
drycleaning facility is transported in accordance with all
applicable federal and state laws and regulations; and
(3) that the applicant has successfully completed all
continuing education requirements adopted by the Board
pursuant to Section 12 of this the Drycleaner Environmental
Response Trust Fund Act.
(c) The annual fees for licensure are as follows:

(1) $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) $2,250 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.
(3) $3,000 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) $3,750 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) $4,500 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
machine without a solvent reclaimer.
(6) $5,000 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) $5,000 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) $5,000 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
hydrocarbon-based drycleaning solvents in a drycleaning
machine without a solvent reclaimer.
(9) $5,000 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) $5,000 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) $5,000 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.
(12) $5,000 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) $5,000 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) $5,000 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) $5,000 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.
(16) $5,000 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) $5,000 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 in the preceding
license year.
(d) A license issued under this Section shall expire one
year after the date of issuance and may be renewed on
reapplication to the Agency Council and submission of proof of
payment of the appropriate fee to the Department of Revenue in
accordance with subsections (c) and (e).
(e) An operator of a drycleaning facility shall submit the
appropriate application form provided by the Agency with the
license fee in the form of cash, credit card, business check,
or guaranteed remittance to the Department of Revenue. The
Department may accept payment of the license fee under this
Section by credit card only if the Department is not required
to pay a discount fee charged by the credit card issuer. 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, 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 Agency Council by
the operator of a drycleaning facility.
(g) (Blank).
(h) The Board and the Department of Revenue may adopt rules
as necessary to administer the licensing requirements of this
Act.
(Source: P.A. 101-400, eff. 7-1-20.)