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INSURANCE
PROGRAM ELIGIBILITY REQUIREMENTS
| Insurance
Program Highlights |
| The
insurance program will provide financial assistance for the cleanup
of soil and groundwater contamination that occurs and is discovered
after the effective date of the policy. |
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| Maximum
cleanup benefits will be $500,000 with a $10,000 deductible. |
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| The
annual premium for the first year (July 1, 1999 through June 30, 2000)
will be $250 per drycleaning facility and will increase $125 per facility
annually for each of the next three years. After four years, the premiums
will be actuarially established based on various risk factors. The
actuarially established premium is $1,400, effective July 1, 2003. |
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| Insurance
Program Eligibility Requirements |
| An
owner or operator may purchase insurance coverage provided that the
drycleaning facility to be insured meets the following conditions: |
| 1. |
The
drycleaning facility must be participating in and meet all the requirements
of a drycleaning compliance program which has been approved by the
Illinois Drycleaner Environmental Response Trust Fund Council. Please
contact us for a listing of approved compliance programs. |
| 2. |
For
active drycleaning facilities which apply for insurance coverage
on or prior to June 30, 2006, the applicant must have a site investigation
completed by June 30, 2006. For drycleaning facilities which apply
for insurance coverage after June 30, 2006, the application must
have a site investigation completed at the time of application.
The
site investigation is comprised of two phases: a Phase I Environmental
Site Assessment which shall determine recognized environmental conditions
or chemical contaminants of concern, including drycleaning solvents
that may be associated with the site; and a Focused Phase II Environmental
Site Assessment which shall investigate only those environmental
conditions and contaminants of concern specifically associated with
drycleaning solvents that may have contaminated soil and groundwater.
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Exceptions: |
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a. |
Allow
sites that have been in operation since July 1, 1999 to forego intrusive
testing provided they meet the following criteria: |
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i.
The facility was built on virgin soil, i.e., property has not been
exposed to any drycleaning solvents or any other potential contaminants. |
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ii.
The facility was in full compliance with all federal and state operating
regulations and had the appropriate secondary containment in place
on the date the facility began drycleaning operations. |
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iii.
The facility must complete a Phase I site assessment. If the Phase
I indicates concerns of potential contamination, intrusive testing
would be required. |
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b. |
Exempt
from intrusive testing a drycleaning facility that had previously
discovered contamination, remediated the contamination and received
an NFR letter from IEPA, provided that the owner/operator of the drycleaning
facility can provide the following: |
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i.
Documentation that the facility operated in compliance with Federal
and State regulations and best management practices since the receipt
of the NFR letter from IEPA. |
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ii.
Documentation that indicates the level of contamination, if any, remaining
at the facility at the time the NFR letter was issued. |
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iii.
Document that the drycleaning facility installed pollution prevention
equipment such as secondary containment pans around the drycleaning
machine and waste storage areas since the date the NFR letter was
issued. |
| 3. |
Requirements
that must be met for chlorine-based (perc) drycleaning units:
| a. |
If
there is a transfer machine or a combination system installed
at this site on or after 9/23/93, the site cannot be insured
until this drycleaning unit is removed. |
| b. |
If
there is a dry-to-dry unit installed before 9/23/93, and the
operator purchases less than 140 gallons of perc solvent annually,
no air pollution control requirements are needed. If the facility
uses 140 gallons of perc solvent annually, then the unit must
have a refrigerated condenser OR a carbon absorber that was
installed before 9/23/93, before the facility can be insured. |
| c. |
If
there is a dry-to-dry machine installed on or after 9/23/93,
and the operator purchases 2,100 gallons or less of perc annually,
the unit is required to have a refrigerated condenser. If the
operator purchases more than 2,100 gallons annually, then the
unit will be required to have a refrigerated condenser and supplemental
carbon absorber. |
| d. |
If
the unit uses more than 30 gallons of perc monthly, the facility
must have an Illinois EPA air operating permit before the Fund
can insure the facility. |
| e. |
Solvent
must be delivered by means of a closed loop, direct-coupled
delivery and vapor recovery system. |
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| 4. |
Requirements
that must be met for petroleum-based drycleaning units:
| a. |
The
vendor delivering petroleum solvent must have a Department of
Transportation (DOT) approved spill control system on the truck;
not limited to excess flow valves, automatic shut off or other
safety measures. |
| b. |
Solvent
must be delivered by means of a direct-coupled delivery system,
with proper vent lines for receiving product. |
| c. |
The
facility must have an Illinois EPA air operating permit. |
| d. |
If
an active underground storage tank, which contains petroleum-based
drycleaning solvent, does not have secondary containment, then
the underground storage tank system (which includes the tank
and product delivery system) must meet the upgrade requirements
in accordance with state UST regulations and monitor the tank
and piping using a state approved leak detection method. |
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| 5. |
Requirements
for all facilities:
| a. |
Containment
devices or diked areas shall exist around all:
• drycleaning machines
• hazardous waste containers
• wastewater containers
• solvent storage tanks or containers
• used filter containers |
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i.The
containment device for the drycleaning machine must be capable
of holding a capacity of 110 percent of the largest tank (or
vessel) in the drycleaning machine. |
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ii.
The containment dike or other containment structure around each
item of equipment or drycleaning area in which drycleaning solvent
is utilized must be capable of containing 100 percent of the
drycleaning solvent capacity of each item of equipment or area
for any leak, spill, or release of drycleaning solvent from
that item. One exception is noted for underground and aboveground
double-walled storage tanks (USTs and ASTs) and piping. Double-walled
ASTs, USTs and double-walled piping are not required to have
100% volume containment if they are monitoring the interstitial
space and the containment completely surrounds and seals the
vessels. |
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iii.
The containment device for portable hazardous waste containers,
wastewater containers and used filter containers must be capable
of holding 100 percent capacity of the largest portable container,
wastewater container or used filter container, or at least 10
percent of the total volume of the portable containers stored
within the containment device, whichever is greater. |
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iv.
The containment device for portable hazardous waste containers,
wastewater containers and used filter containers should be located
within the drycleaning facility. If the portable hazardous waste
container is not located within the drycleaning facility, then
the portable hazardous waste container and the containment device
must be located in a structure designed to prevent unauthorized
access and prevent exposure to natural elements and provide
safety to human health and the environment. |
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v.
Piping from an AST or UST to a drycleaning machine will be considered
part of the transport mechanism and not subject to the secondary
containment requirement if the following conditions are met: |
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1)
it is a suction system; |
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2)
the suction pump is located at the drycleaning machine; and |
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3)
the piping is sloped back to the AST or UST so that it will
drain back into the AST or UST. |
| b. |
Floor
surface in the contained or diked area shall be impervious to
solvent leaks, spills or other releases. |
| c. |
All
drycleaning solvent wastes generated shall be managed in accordance
with applicable state waste management laws and rules: |
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i.
Requirements for Conditionally Exempt Small Quantity Generators
(CESQGs)
• Identify all hazardous wastes that
you generate.
• Hire a licensed special waste hauler
to transport your hazardous wastes to a facility permitted to
receive hazardous waste.
• Do not accumulate more than 1,000
kilograms (2,200 pounds) of hazardous wastes on your property
at any time. |
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ii.
Requirements for Small Quantity Generators (SQGs)
• Accumulate hazardous wastes in
containers (such as 16-gallon drums or tanks).
• Do not store hazardous wastes on
your property more than 180 days unless it will be transported
greater than 200 miles from your business, in which case you
may store the wastes for up to 270 days.
• Do not accumulate more than 6,000
kilograms (13,200 pounds) of hazardous waste on your property
at any time.
• Register with the Illinois Environmental
Protection Agency (IPEA) using a Notification of Hazardous Waste
Activity form.
• Make sure all your hazardous wastes
are packaged and labeled correctly prior to transport. Although
you are responsible for packaging and labeling your wastes,
ask your transporter for assistance with this requirement.
• Hire a licensed special waste hauler
to transport your hazardous wastes to a permitted hazardous
waste facility using the Illinois Uniform Waste Manifest or
the manifest of the state you are shipping the wastes to or
sign a tolling agreement with a recycling facility.
• Establish safety guidelines and
emergency response procedures. Your facility must be equipped
with the following:
| 1. |
An
internal communication or alarm system capable of providing
immediate emergency instructions to all personnel. |
| 2. |
A
telephone or two-way radio capable for use in requesting
emergency assistance from local police and fire departments. |
| 3. |
Portable
fire extinguishers, fire control devices, spill control
materials and decontamination supplies. |
| 4. |
Adequate
water volume and pressure to supply water hoses, foam-producing
equipment and automatic sprinklers. |
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iii.
Requirements for Large Quantity Generators (LQGs) are extensive
and can be found at 35 Ill. Administrative Code 722, Standards
Applicable to Generators of Hazardous Waste. A summary booklet
of the requirements is available from IEPA's Office of Small
Business at 1-888-372-1996. |
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iv.
Requirements for Containers Used to Accumulate Hazardous
Waste |
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• Label each container with the words
"HAZARDOUS WASTE" and mark each container with the date the
container becomes full.
• Use a container made of or lined
with a material that is compatible with the hazardous waste
stored in it.
• Keep all containers of hazardous
waste closed during storage except when adding or removing waste.
• Do not open, handle, or store containers
in a way that might rupture them, cause them to leak, or otherwise
fail.
• Inspect areas where containers
are stored at least weekly. Look for leaks and deterioration
caused by corrosion or other factors.
• Maintain the containers in good
condition. If a container leaks, put the hazardous waste in
another container, or contain it in some other way that complies
with U.S. Environmental Protection Agency regulations.
• Do not mix incompatible hazardous
wastes or materials unless precautions are taken to prevent
potential hazards. |
| d. |
No
discharge of wastewater from drycleaning machines/solvents to
a sanitary sewer, septic tank, surface or groundwater is allowed.
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| e. |
Operator
shall conduct and maintain a log of weekly drycleaning unit/equipment
inspections and areas that contain drycleaning solvents or waste
of solvents for facilities using 140 gallons or more of chlorine-based
solvent annually or any amount of petroleum-based solvent annually.
For facilities that use less than 140 gallons of chlorine-based
solvent annually, bi-weekly logs are to be maintained. |
| f. |
Operator
shall maintain a log of all solvent purchases. |
| g. |
Operator
shall maintain a log of all drycleaning system repairs. Log
shall identify:
• drycleaning machine
• date repair is needed or machine
is taken out of operation
• date parts ordered (if needed)
• date machine repaired
• date machine placed back in operation |
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To
obtain an Insurance Application Form, call 1-800-765-4041 or download
a form from this website. |
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