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92_HB0175eng
HB0175 Engrossed LRB9202691EGfg
1 AN ACT in relation to the regulation of drycleaners.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Drycleaner Environmental Response Trust
5 Fund Act is amended by changing Section 60 as follows:
6 (415 ILCS 135/60)
7 (Section scheduled to be repealed on January 1, 2010)
8 Sec. 60. Drycleaning facility license.
9 (a) Beginning On and after January 1, 1998, no person
10 shall operate a drycleaning facility in this State without a
11 license issued by the Council.
12 (b) The Council shall issue an initial or renewal
13 license to a drycleaning facility on submission by an
14 applicant of a completed form prescribed by the Council and
15 proof of payment of the required fee to the Department of
16 Revenue.
17 (c) The annual fees for licensure are as follows:
18 (1) $500 for a facility that purchases 140 gallons
19 or less of chlorine-based drycleaning solvents annually
20 or 1400 gallons or less of hydrocarbon-based drycleaning
21 solvents annually.
22 (2) $1,000 for a facility that purchases more than
23 140 gallons but less than 360 gallons of chlorine-based
24 drycleaning solvents annually or more than 1400 gallons
25 but less than 3600 gallons of hydrocarbon-based
26 drycleaning solvents annually.
27 (3) $1,500 for a facility that purchases 360
28 gallons or more of chlorine-based drycleaning solvents
29 annually or 3600 gallons or more of hydrocarbon-based
30 drycleaning solvents annually.
31 For purpose of this subsection, the quantity of
HB0175 Engrossed -2- LRB9202691EGfg
1 drycleaning solvents purchased annually shall be determined
2 as follows:
3 (1) in the case of an initial applicant, the
4 quantity of drycleaning solvents that the applicant
5 estimates will be used during his or her initial license
6 year. A fee assessed under this subdivision is subject
7 to audited adjustment for that year; or
8 (2) in the case of a renewal applicant, the
9 quantity of drycleaning solvents actually used in the
10 preceding license year.
11 The Council may adjust licensing fees annually based on
12 the published Consumer Price Index - All Urban Consumers
13 ("CPI-U") or as otherwise determined by the Council.
14 (d) A license issued under this Section shall expire one
15 year after the date of issuance and may be renewed on
16 reapplication to the Council and submission of proof of
17 payment of the appropriate fee to the Department of Revenue
18 in accordance with subsections (c) and (e). At least 30 days
19 before payment of a renewal licensing fee is due, the Council
20 shall attempt to:
21 (1) notify the operator of each licensed
22 drycleaning facility concerning the requirements of this
23 Section; and
24 (2) submit a license fee payment form to the
25 licensed operator of each drycleaning facility.
26 (e) An operator of a drycleaning facility shall submit
27 the appropriate application form provided by the Council with
28 the license fee in the form of cash or guaranteed remittance
29 to the Department of Revenue. The license fee payment form
30 and the actual license fee payment shall be administered by
31 the Department of Revenue under rules adopted by that
32 Department.
33 (f) The Department of Revenue shall issue a proof of
34 payment receipt to each operator of a drycleaning facility
HB0175 Engrossed -3- LRB9202691EGfg
1 who has paid the appropriate fee in cash or by guaranteed
2 remittance. However, the Department of Revenue shall not
3 issue a proof of payment receipt to a drycleaning facility
4 that is liable to the Department of Revenue for a tax imposed
5 under this Act. The original receipt shall be presented to
6 the Council by the operator of a drycleaning facility.
7 (g) An operator of a dry cleaning facility who is
8 required to pay a license fee under this Act and fails to pay
9 the license fee when the fee is due shall be assessed a
10 penalty of $5 for each day after the license fee is due and
11 until the license fee is paid. The penalty shall be effective
12 for license fees due on or after July 1, 1999.
13 (h) The Council and the Department of Revenue may adopt
14 rules as necessary to administer the licensing requirements
15 of this Act.
16 (Source: P.A. 90-502, eff. 8-19-97; 91-453, eff. 8-6-99.)
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