HB 0180 Establishes program for drycleaning solvent management
Bill Summary
- Prepared by Senate Research -

HS/HCS/HB 180 - This act establishes a Dry Cleaning Solvent Environmental Response Trust Fund to provide moneys for investigation, assessment, and remediation of releases of solvents from dry cleaning facilities. The Fund is administered by an eight member Board appointed by the Governor and approved by the Senate. The Board members shall include the Director of the Department of Natural Resources, a representative of the general public, and representatives of operators of small, medium, and large dry cleaning facilities, wholesale distributors of dry cleaning solvents, the environmental engineering and scientific community and lessors of property used for dry cleaning facilities. Members shall serve staggered three-year terms, may be reappointed, shall be reimbursed for necessary expenses and shall receive $50 per day while in attendance at regular meetings. The Board will meet at least once a year. Special meetings may be called by three or more members.

The act requires the Board and the Hazardous Waste Management Commission to establish, within one year, standards for new dry cleaning facilities, including requirements for solvent delivery, solvent storage, solvent disposal, prohibition of solvent discharges and containment structures for dry cleaning units. The Board and Commission shall also establish a schedule for upgrading existing dry cleaning facilities to the new standards within three years and shall determine facility closure procedures and appropriate completion requirements for corrective actions in response to a release.

Payments from the Fund for any particular contamination site may not exceed a total of $2 million and may not exceed twenty- five percent of the moneys in the Fund during any fiscal year. There is a ten thousand dollar deductible for active facilities and a twenty thousand dollar deductible for abandoned sites. Moneys from the Fund may not be used if the release was caused by illegal operating practices, if the facility operator obstructs actions by the Department of Natural Resources, or if the operator is in arrears for payments to the Fund. Fund moneys may also not be used to compensate third parties for damages.

Operators of active facilities must register annually with the Board and pay an annual registration surcharge to the Fund. The surcharge is set initially at $250, but may be adjusted by the Board after one year to an amount between $50 and $500. Sellers of solvents initially must pay a solvent surcharge of $2.50 per gallon for chlorinated solvents and 25 cents per gallon for nonchlorinated solvents, collected quarterly. The solvent surcharge may be adjusted by the Board after one year to an amount between $0.50 and $5. All surcharges are subject to a late fee of 15% plus 10% per annum interest on unpaid balances. If the unobligated balance of the Fund exceeds $4 million, the facility registration and solvent surcharges are not collected until the Fund balance falls below $2 million. The Board will report the status of the Fund annually to the General Assembly and the Governor.

Violators of any provisions of this act are subject to civil penalties of up to $500 per violation, payable to the Fund.
OTTO FAJEN

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