Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 1501 - DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND PROGRAM
Subpart C - REMEDIAL ACTION CLAIMS
Section 1501.310 - Eligibility
Universal Citation: 35 IL Admin Code ยง 1501.310
Current through Register Vol. 48, No. 38, September 20, 2024
a) The following persons are eligible for reimbursement from the Fund for eligible remedial action costs:
1) For a facility that is an
active drycleaning facility licensed at the time a remedial claim is submitted,
the owner or operator of the drycleaning facility.
2) For a facility that is an inactive
drycleaning facility at the time a remedial claim is submitted, an owner or
operator of the inactive facility who was also the licensed owner or operator
of the facility when it was an active drycleaning facility.
b) A completed application for remedial action benefits must have been submitted to the Council on or before June 30, 2005. [415 ILCS 135/40(d)]
c) In addition to the requirements of subsections (a) and (b), an eligible claimant requesting reimbursement of eligible costs from the Fund must meet all of the following requirements:
1)
The release was discovered on or after July 1, 1997 and before July 1,
2006.
2)
The
claimant demonstrates that the source of the release is from the claimant's
drycleaning facility.
3)
At the time the release was discovered by the claimant, the claimant
and the drycleaning facility were in compliance with Agency reporting and
technical operating requirements.
4)
The claimant reported the release
in a timely manner in accordance with State law.
5)
The drycleaning facility site is
enrolled in the Site Remediation Program established under Title XVII of
the EPAct.
6)
If the claimant is the owner or
operator of an active drycleaning facility, the claimant must ensure the
following:
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 must 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.
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. [415 ILCS
135/40(c)]
7)
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 from the Fund or July 1, 2000, whichever is
earlier.
A)
An uninsured
drycleaning facility that filed an application for insurance with the Fund by
January 1, 2004, obtained insurance through that application, and maintained
that insurance coverage continuously will be considered to
have conformed with the requirements of this subsection (c)(7).
To conform with this requirement the owner or operator
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. [415 ILCS
135/40(c)(6)]
B) For remedial claim eligibility, an active
drycleaning facility that obtains financial insurance for environmental
liability, provided by Fund insurance coverage is considered to have maintained
continuous financial insurance for environmental liability if the owner or
operator maintained continuous insurance coverage throughout each program year,
including payment of all insurance premiums within each calendar year of
coverage. Continuous financial insurance will be considered maintained for this
subsection (c)(7), even when a gap in insurance coverage occurs due to late
renewal, if the insurance coverage is renewed within the coverage year within
which the gap appears and all premiums due were paid during such coverage
year.
Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
