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2004 Illinois Register

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2004 Illinois Register Volume 28 Issue 7 February 13, 2004 Pages 2522-2888 TABLE OF CONTENTS February 13, 2004 Volume 28, Issue 7 PROPOSED RULES DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND COUNCIL OF ILLINOIS General Program 35 Ill. Adm. Code 1500 ......................................................2522 HUMAN SERVICES, DEPARTMENT OF Aid to the Aged, Blind or Disabled 89 Ill. Adm. Code 113 ........................................................2560 Food Stamps 89 Ill. Adm. Code 121 ........................................................2570 Audit Requirements of DHS 89 Ill. Adm. Code 507 ........................................................2582 INSURANCE, ILLINOIS DEPARTMENT OF Valuation of Life Insurance Policies Including the Use of Select Mortality Factors 50 Ill. Adm. Code 1409 ......................................................2587 Recognition of the 2001 CSO Mortality Table for Use in Determining Reserve Liabilities and Nonforfeiture Benefits 50 Ill. Adm. Code 1412 ......................................................2606 PUBLIC HEALTH, ILLINOIS DEPARTMENT OF Manufactured Home Installation Code 77 Ill. Adm. Code 870 ........................................................2613 RACING BOARD, ILLINOIS Hearings and Enforcement Proceedings 11 Ill. Adm. Code 204 ........................................................2649 Interstate Common Pools 11 Ill. Adm. Code 302 ........................................................2653 Superfecta 11 Ill. Adm. Code 311 ........................................................2657 ADOPTED RULES BANKS AND REAL ESTATE, OFFICE OF Hearings Before the Office of Banks and Real Estate Bureau of Banks and Trust Companies 38 Ill. Adm. Code 392 ........................................................2661 Hearings for Removal or Prohibition of Directors, Officers, Employees or Agents of a State Bank or a Branch of an Out-of-State Bank, Subsidiary or Holding Company of a State Bank or a Branch of an Out-of-State Bank, or Corporate Fiduciary, Subsidiary or Parent Company of a Corporate Fiduciary 38 Ill. Adm. Code 900 ........................................................2670 i CENTRAL MANAGEMEN SERVICES, DEPARTMENT OF Pay Plan 80 Ill. Adm. Code 310 ........................................................2680 COMMERCE COMMISSION, ILLINOIS Procedures for Gas, Electric, Water and Sanitary Sewer Utilities Governing Eligibility for Service, Deposits, Payment Practices and Discontinuance of Service 83 Ill. Adm. Code 280 ........................................................2684 PUBLIC AID, ILLINOIS DEPARTMENT OF Practice in Administrative Hearings 89 Ill. Adm. Code 104 ........................................................2735 Medical Payment 89 Ill. Adm. Code 140 ........................................................2744 Hospital Services 89 Ill. Adm. Code 148 ........................................................2770 Diagnosis Related Grouping (DRG) Prospective Payment System (PPS) 89 Ill. Adm. Code 149 ........................................................2836 JOINT COMMITTEE ON ADMINISTRATIVE RULES AGENDA JOINT COMMITTEE ON ADMINISTRATIVE RULES Meeting Agenda for February 18, 2004..............................2843 SECOND NOTICES RECEIVED JOINT COMMITTEE ON ADMINISTRATIVE RULES Second Notices Received ...................................................2853 NOTICE OF PUBLICATION ERROR JOINT COMMITTEE ON ADMINISTRATIVE RULES Universities Retirement 80 Ill. Adm. Code 1600 ......................................................2856 REGULATORY AGENDA REVENUE, ILLINOIS DEPARTMENT OF Lottery 11 Ill. Adm. Code 1770 ......................................................2863 NOTICE OF PUBLIC INFORMATION REVENUE, ILLINOIS DEPARTMENT OF 2003 Fourth Quarter Sunshine Index..................................2878 Lottery Game Specific Rules..............................................2881 EXECUTIVE ORDERS AND PROCLAMATIONS PROCLAMATIONS Ronald Reagan Day Ill. Adm. Code ................................................................2885 Municipal Clerks Week Ill. Adm. Code ................................................................2885 Celebration Sherwood! Week Ill. Adm. Code ................................................................2886 PeriAnesthesia Nurse Awareness Week ii Ill. Adm. Code ................................................................2887 Coalition for the Remembrance of Elijah Muhammad (C.R.O.E.) Day Ill. Adm. Code ................................................................2887 iii ILLINOIS REGISTER 2522 04 DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND COUNCIL OF ILLINOIS NOTICE OF PROPOSED AMENDMENTS 1) Heading of the Part: General Program 2) Code Citation: 35 Ill. Adm. Code 1500 3) Section Numbers: Proposed Action: 1500.20 Amendment 1500.30 Amendment 1500.40 Amendment 1500.50 Amendment 1500.55 New 1500.70 Amendment 4) Statutory Authority: Implementing and authorized by the Drycleaner Environmental Response Trust Fund Act [415 ILCS 135/20(a)] 5) A Complete Description of the Subjects and Issues Involved: This rulemaking implements PA 93-201 that changed fees dry cleaning facilities pay to fund remedial action of dry cleaning solvent releases and to establish an insurance account for insuring environmental risks from releases. The rulemaking also updates the Part. 6) Will this rulemaking replace any emergency rulemaking currently in effect? No 7) Does this rulemaking contain an automatic repeal date? No 8) Does this rulemaking contain incorporations by reference? No 9) Are there any other proposed rulemakings pending on this Part? No 10) Statement of Statewide Policy Objectives: This rulemaking neither creates nor expands a State mandate. 11) Time, Place and Manner in which interested persons may comment on this proposed rulemaking: Comments on the proposed rulemaking may be submitted in writing for a period of 45 days following publication of this notice to: H. Patrick Eriksen Drycleaner Environmental Response Trust Fund Council of Illinois PO Box 7380 Bensenville, IL 60106-7380 ILLINOIS REGISTER 2523 04 DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND COUNCIL OF ILLINOIS NOTICE OF PROPOSED AMENDMENTS (630) 741-0022 12) Initial Regulatory Flexibility Analysis: A) Types of small businesses, small municipalities and not for profit corporations affected: Drycleaning operators that are small businesses will be affected by the amended licensing categories and the extended sunset date of the Act. They may also voluntarily participate in the insurance and remedial programs. The increased remedial benefit cap will favorably impact small drycleaning operators. Small municipalities and not for profit corporations are not affected by this Act. B) Reporting, bookkeeping or other procedures required for compliance: Small business drycleaner operators must maintain a log of their annual purchases of drycleaning solvent by calendar year. This is used to determine their license fee. To voluntarily participate in the insurance or remedial programs, small business drycleaner operators will be required to maintain the appropriate records to show that they are in compliance with federal and state regulatory requirements for handling and using drycleaning solvents. C) Types of professional skills necessary for compliance: None 13) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not included on either of the 2 most recent agendas because: the need for the rulemaking was not anticipated. The full text of the Proposed Amendment begins on the next page: ILLINOIS REGISTER 2524 04 DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND COUNCIL OF ILLINOIS NOTICE OF PROPOSED AMENDMENTS TITLE 35: DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND COUNCIL OF ILLINOIS SUBTITLE N: DRYCLEANING CHAPTER 1: DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND COUNCIL OF ILLINOIS PART 1500 GENERAL PROGRAM Section 1500.10 General 1500.20 Definitions 1500.30 Drycleaning Facility License 1500.40 Drycleaner Remedial Account 1500.50 Drycleaner Facility Insurance Account 1500.55 Drycleaning Solvent Tax 1500.60 Appeals 1500.70 Forms AUTHORITY: Implementing and authorized by the Drycleaner Environmental Response Trust Fund Act [415 ILCS 135/20(a)]. SOURCE: Emergency rule adopted at 24 Ill. Reg. 307, effective January 1, 2000, for a maximum of 150 days; emergency expired May 29, 2000; adopted at 24 Ill. Reg. 10162, effective June 26, 2000; amended at 28 Ill. Reg. ______, effective ____________. Section 1500.20 Definitions "Act" means the Drycleaner Environmental Response Trust Fund Act. "Administrator" means the Administrator of the Drycleaner Environmental Response Trust Fund Council of Illinois. "Active drycleaning facility" means a drycleaning facility actively engaged in drycleaning operations and licensed under Section 60 of the Act. "Agency" means the Illinois Environmental Protection Agency. "Claimant" means an owner or operator of a drycleaning facility who has applied ILLINOIS REGISTER 2525 04 DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND COUNCIL OF ILLINOIS NOTICE OF PROPOSED AMENDMENTS for reimbursement from the remedial account or who has submitted a claim under the insurance account with respect to a release. "Council" means the Drycleaner Environmental Response Trust Fund Council. "Drycleaner Environmental Response Trust Fund" or "Fund" means the fund created under Section 10 of the Act. "Drycleaning facility" means a facility located in this State 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,
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