Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1501 - DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND PROGRAM › Subpart A - GENERAL PROVISIONS › Section 1501.130 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Except as stated in this Section, or unless a different
				  meaning of a word or term is clear from the context, the definition of words or
				  terms in this Part will be the same as that applied to the same words or terms
				  in the Drycleaner Environmental Response Trust Fund Act [415 ILCS
				  135 ]:
"Active drycleaning facility"
means a drycleaning
				  facility actively engaged in drycleaning operations and licensed under
this Part.
"Agency"
means the Illinois Environmental Protection
				  Agency.
[415 ILCS 135/5 ]
"Board" means the Illinois Pollution Control Board.
"Chlorine-based solvent" means a drycleaning solvent
				  containing one or more chlorine atoms in its molecular structure.
"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.
[415 ILCS 135/5 ]
"Council"
means the Drycleaner Environmental Response
				  Trust Fund Council,
whose authorities under the DERT Fund Act
				  transferred to the Agency and the Board on July 1, 2020.
"DERT Fund Act" means the Drycleaner Environmental Response
				  Trust Fund Act. [415 ILCS 135/5 ]
"Drycleaner Environmental Response Trust Fund" or "Fund"
means the fund created under Section 10 of
the DERT Fund Act.
				  [415 ILCS
				  135/5 ]
"Drycleaning facility"
means a facility located
				  in
Illinois
that is or has been engaged in drycleaning
				  operations for the general public, other than:
a facility located on a United States military
				  base;
an industrial laundry, commercial laundry, or linen
				  supply facility;
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;
a not-for-profit hospital or other health care
				  facility; or
a facility located or formerly located on federal or
				  State property.
[415 ILCS 135/5 ]
"Drycleaning machine with a solvent reclaimer" means a
				  drycleaning machine that uses a petroleum-based or hydrocarbon-based solvent
				  and a drying system in which the drycleaning solvent vapors from the drying
				  process are captured and not emitted into the atmosphere.
"Drycleaning machine without a solvent reclaimer" means a
				  drycleaning machine that uses a petroleum-based or hydrocarbon-based solvent
				  and a transfer process in which the garments are cleaned in one machine and
				  then transferred to a dryer that does not recapture the drycleaning solvent
				  remaining in the garments. The dryer emits the solvent vapors directly into the
				  atmosphere.
"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.
[415 ILCS 135/5 ]
"Drycleaning solvent"
means any and all nonaqueous
				  solvents, including a chlorine-based or petroleum-based formulation or product,
				  including green solvents, that are used as a primary cleaning agent in
				  drycleaning operations.
[415 ILCS 135/5 ]
"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 or safety is
				  mitigated.
[415 ILCS 135/5 ]
"EPAct" means the Illinois Environmental Protection Act
				  [415 ILCS
				  5 ].
"Green solvent" means a drycleaning solvent evaluated and
				  classified by the Council or Board as biodegradable and that, if released into
				  the environment, would not require remedial action under State or federal law
				  or regulations.
"Hydrocarbon-based solvent" has the same meaning as the term
				  "petroleum-based solvent."
"Inactive drycleaning facility"
means a drycleaning
				  facility that is not being used for drycleaning operations and is not
				  registered under
the DERT Fund Act or licensed under Subpart B.
				  [415 ILCS
				  135/5 ]
"Licensed Professional Engineer" (LPE)
means a
				  person, corporation or partnership licensed under the laws of the State of
				  Illinois to practice professional engineering.
[415 ILCS
				  5/57.2 ]
"Licensed Professional Geologist" (LPG)
means a
				  person licensed under the laws of the State of Illinois to practice as a
				  professional geologist.
[415 ILCS 5/57.2 ]
"No Further Remediation Letter"
means a letter
				  provided by the Agency pursuant to Section
				  58.10 of Title XVII of
				  the
EPAct. [415 ILCS 135/5 ]
"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.
[415 ILCS
				  135/5 ]
"Owner"
means 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 a parent corporation
				  of
that
person
. [415 ILCS
				  135/5 ]
"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.
[415 ILCS
				  135/5 ]
"Person"
means an individual, trust, firm, joint
				  stock company, corporation, consortium, joint venture, or other commercial
				  entity.
[415 ILCS 135/5 ]
"Petroleum-based solvent" means a drycleaning solvent
				  containing a hydrocarbon mixture.
"Program year"
means the period beginning on July 1
				  and ending on the following June 30.
[415 ILCS
				  135/5 ]
"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.
[415 ILCS 135/5 ]
"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.
[415 ILCS
				  135/5 ]
"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.
[415 ILCS
				  135/5 ]
"Site Remediation Program" or "SRP" means Title XVII of the
				  EPAct and rules adopted thereunder.