Ill. Admin. Code tit. 35 § 1501.150

Current through Register Vol. 48, No. 49, December 6, 2024

Section 1501.150 - Limited Liability

a)The State, the General Revenue Fund, and any other fund of the State, other than the Drycleaner Environmental Response Trust Fund, will 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 will be payable solely from the Fund and no liability or obligation may be imposed upon the State. The State is not liable for a claim presented against the Fund. [415 ILCS 135/10(c)]

b)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 may 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. [415 ILCS 135/10(d)]

c)An award or reimbursement made from the Fund under the DERT Fund Act may be the claimant's exclusive method for the recovery of the costs of drycleaning facility remediation. [415 ILCS 135/55(a)]

d)If a person conducts a remedial action activity for a release at a drycleaning facility site, whether or not the person files a claim under the DERT Fund Act or this Part, the claim and remedial action activity conducted are not evidence of liability or an admission of liability for any potential or actual environmental pollution or damage. [415 ILCS 135/55(b)]

e)The Fund, including insurance coverage offered under the insurance account, is not subject to the provisions of the Illinois Insurance Code. Regardless of any other provision of law, the Fund will not be considered an insurance company or an insurer under the laws of this State and will not be a member of nor be entitled to a claim against the Illinois Insurance Guaranty Fund. [415 ILCS 135/35]

f) The limitations contained within Section 58.9 of the EPAct do not apply to this Part.

Ill. Admin. Code tit. 35, § 1501.150

Adopted in R 21-19 at 47 Ill. Reg. 1354, effective 1/17/2023