Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 1501 - DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND PROGRAM
Subpart D - INSURANCE CLAIMS
Section 1501.410 - Eligibility
Universal Citation: 35 IL Admin Code ยง 1501.410
Current through Register Vol. 48, No. 38, September 20, 2024
a) An owner or operator, subject to the terms and conditions of the DERT Fund Act and this Part, may purchase environmental liability coverage under the Fund if:
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;
2)
the drycleaning facility is
participating in and meets all drycleaning compliance program requirements
adopted by the Board pursuant to Section 12 of the DERT Fund
Act;
3)
the drycleaning facility to be insured is licensed under
Subpart B and all fees due under that Subpart have
been paid;
4)
the
owner or operator of the drycleaning facility to be insured provides proof to
the Agency that:
A)
All
drycleaning solvent wastes generated at the drycleaning facility are managed in
accordance with applicable State waste management laws and
rule;
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 impervious;
E)
All drycleaning solvent is
delivered to the facility by means of closed, direct-coupled delivery
systems;
F)
The
drycleaning facility is in compliance with subsection (a)(2);
and
5)
The owner
or operator of the drycleaning facility to be insured has paid all insurance
premiums for insurance covered provided under the Fund. [415 ILCS
135/45(d)]
BOARD NOTE: As of the enactment of Section 1501.410(a)(2), the Board has not adopted drycleaning compliance program requirements under Section 12 of the DERT Fund Act.
b) Application for Environmental Liability Coverage
1) All eligible owners or operators
seeking or renewing insurance coverage from the Fund must apply for annual
insurance coverage on forms and in a format prescribed by the Agency.
2) Annual insurance coverage applications and
premium payments should be submitted to the Agency at least 90 calendar days
before the expiration of the current coverage to allow sufficient time for
Agency review and processing.
3)
The Agency must process an annual insurance coverage application upon receipt
of:
A) a properly completed insurance coverage
application form, including any required attachments or certifications;
and
B) payment of the annual
premium or the first semi-annual premium under Section
1501.420.
4) The Agency must not process an annual
insurance coverage application unless payment of the annual premium or the
first semi-annual premium has been received.
5) The Agency must allow a grace period of 60
calendar days for payment of the annual premium or the first semi-annual
premium. The grace period will begin on the due date for the annual premium or
the first semi-annual premium as stated in Section
1501.420(a)(3).
Full payment of the annual premium or the first semi-annual premium due is
required regardless of the date on which the premium is paid.
A) If the annual premium or the first
semi-annual premium is paid within the grace period, insurance coverage must be
issued retroactive to the due date for the annual premium or the first
semi-annual premium stated in Section
1501.420(a)(3).
B) If the annual premium or the first
semi-annual premium is not paid within the grace period above, insurance
coverage will not begin until the date on which the Agency receives the annual
premium or the first semi-annual premium payment.
6) The Agency must allow a grace period of 60
calendar days for payment of second semi-annual premiums. The grace period will
begin on the due date for the second semi-annual premium as stated in Section
1501.420(a)(3).
Full payment of the second semi-annual premium due is required regardless of
the date on which the premium is paid.
A) If
the second semi-annual premium is paid within the grace period above, insurance
coverage for the second six calendar months of coverage will continue
retroactive to the due date for the second semi-annual premium specified in
Section 1501.420(a)(3).
B) If the second semi-annual premium is not
paid within the grace period above, insurance coverage during the second six
calendar months of coverage will not begin until the date the second
semi-annual premium payment is received by the Agency.
7) After processing the insurance coverage
application, the Agency must send a letter to the owner or operator
acknowledging coverage and providing the dates of coverage.
8) The Agency must not authorize payments for
costs relating to any release that occurs outside the dates of
coverage.
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.
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