Sec. 10. Drycleaner Environmental Response Trust Fund.

474 words·~2 min read·/il/chapter-415/act-135/10

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The Drycleaner Environmental Response Trust Fund is created as a special fund in the State Treasury. Moneys deposited into the Fund shall be used by the Agency for the purposes of this Act. The Fund shall include moneys credited to the Fund under this Act and other moneys that by law may be credited to the Fund. The State Treasurer may invest moneys deposited into the Fund. Interest, income from the investments, and other income earned by the Fund shall be credited to and deposited into the Fund.

The Fund may be divided into different accounts with different depositories to fulfill the purposes of the Act.

Moneys in the Fund at the end of a State fiscal year shall be carried forward to the next fiscal year and shall not revert to the General Revenue Fund.

(b)The specific purposes of the Fund include, but are not limited to, the following:

(1)To establish an account to fund remedial action of drycleaning solvent releases from

drycleaning facilities as provided by Section 40.

(2)To establish an insurance account for insuring environmental risks from releases

from drycleaning facilities within this State as provided by Section 45.

(c)The State, the General Revenue Fund, and any other Fund of the State, other than the Drycleaner Environmental Response Trust Fund, shall not be liable for a claim or cause of action in connection with a drycleaning facility not owned or operated by the State or an agency of the State. All expenses incurred by the Fund shall be payable solely from the Fund and no liability or obligation shall be imposed upon the State. The State is not liable for a claim presented against the Fund.

(d)The liability of the Fund is limited to the extent of coverage provided by the account under which a claim is submitted, subject to the terms and conditions of that coverage. The liability of the Fund is further limited by the moneys made available to the Fund, and no remedy shall be ordered that would require the Fund to exceed its then current funding limitations to satisfy an award or which would restrict the availability of moneys for higher priority sites.

(e)Nothing in this Act shall be construed to limit, restrict, or affect the authority and powers of the Agency or another State agency or statute unless the State agency or statute is specifically referenced and the limitation is clearly set forth in this Act.

(f)During each fiscal year, the Agency shall limit its administration of the Fund to no more $600,000 in administrative expenses. The limitation in this subsection

(f)does not apply to costs incurred by the Agency in:

(1)reviewing remedial action under Title XVII of the Environmental Protection Act; or

(2)performing investigative or remedial actions.