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Illinois General Assembly· HB 4941Governor Approved

OLD UNDERGROUND STORAGE TANKS, the official text

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HB4941 Enrolled                     LRB104 19217 BDA 32662 b

1   AN ACT concerning safety.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Environmental Protection Act is amended by

5 changing Section 57.9 as follows:

6   (415 ILCS 5/57.9)

7   Sec. 57.9. Underground Storage Tank Fund; eligibility and

8 deductibility.

9   (a) The Underground Storage Tank Fund shall be accessible

10 by owners and operators who have a confirmed release from an

11 underground storage tank or related tank system of a substance

12 listed in this Section. The owner or operator is eligible to

13 access the Underground Storage Tank Fund if the eligibility

14 requirements of this Title are satisfied and:

15  (1) Neither the owner nor the operator is the United

16  States Government.

17  (2) The tank does not contain fuel which is exempt

18  from the Motor Fuel Tax Law.

19  (3) The costs were incurred as a result of a confirmed

20  release of any of the following substances:

21  (A) "Fuel", as defined in Section 1.19 of the

22  Motor Fuel Tax Law.

23  (B) Aviation fuel.
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1   (C) Heating oil.

2   (D) Kerosene.

3   (E) Used oil which has been refined from crude oil

4   used in a motor vehicle, as defined in Section 1.3 of

5   the Motor Fuel Tax Law.

6   (4) The owner or operator registered the tank and paid

7   all fees in accordance with the statutory and regulatory

8   requirements of the Gasoline Storage Act.

9   (5) The owner or operator notified the Illinois

10  Emergency Management Agency of a confirmed release, the

11  costs were incurred after the notification and the costs

12  were a result of a release of a substance listed in this

13  Section. Costs of corrective action or indemnification

14  incurred before providing that notification shall not be

15  eligible for payment.

16  (6) The costs have not already been paid to the owner

17  or operator under a private insurance policy, other

18  written agreement, or court order.

19  (7) The costs were associated with "corrective action"

20  of this Act.

21  If the underground storage tank which experienced a

22  release of a substance listed in this Section was

23  installed after July 28, 1989, the owner or operator is

24  eligible to access the Underground Storage Tank Fund if it

25  is demonstrated to the Office of the State Fire Marshal

26  the tank was installed and operated in accordance with
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1   Office of the State Fire Marshal regulatory requirements.

2   Office of the State Fire Marshal certification is prima

3   facie evidence the tank was installed pursuant to the

4   Office of the State Fire Marshal regulatory requirements.

5   (a-5) The Underground Storage Tank Fund shall be

6 accessible by owners and operators for eligible costs

7 associated with the removal of underground storage tanks

8 installed before January 1, 1976, including, but not limited

9 to, costs for removal of visibly contaminated fill material

10 within 4 feet of the outside dimensions of the tank, removal of

11 groundwater in the excavation that exhibits a sheen, and

12 sampling to determine whether a release from the tank has

13 occurred. The owner or operator is eligible to access the

14 Underground Storage Tank Fund if the eligibility requirements

15 of this Title are satisfied and:

16  (1) Neither the owner nor the operator is the United

17  States Government.

18  (2) The tank does not contain fuel which is exempt

19  from the Motor Fuel Tax Law.

20  (3) The costs were incurred as a result of removing an

21  underground storage tank installed before January 1, 1976

22  that contained any of the following substances:

23  (A) "Fuel", as defined in Section 1.19 of the

24  Motor Fuel Tax Law.

25  (B) Aviation fuel.

26  (C) Heating oil.
    HB4941 Enrolled            -4-      LRB104 19217 BDA 32662 b

1               (D) Kerosene.

2               (E) Used oil which has been refined from crude oil

3   used in a motor vehicle, as defined in Section 1.3 of

4   the Motor Fuel Tax Law.

5   (4) The owner or operator has obtained Agency approval

6   of a tank removal plan and budget prior to the tank's

7   removal.

8   (5) The costs have not already been paid to the owner

9   or operator under a private insurance policy, other

10  written agreement, or court order.

11  Costs paid under this subsection (a-5) shall be subject to

12 the application of a $5,000 deductible. Any deductible amounts

13 applied under this subsection (a-5) shall also apply toward

14 any deductible amount required under subsection (b) of this

15 Section so as to prevent the application of duplicate

16 deductibles. Any underground storage tank removal conducted

17 pursuant to this subsection (a-5) must comply with the

18 Gasoline Storage Act and related rules.

19  (b) For releases reported prior to June 8, 2010 (the

20 effective date of Public Act 96-908), an owner or operator may

21 access the Underground Storage Tank Fund for costs associated

22 with an Agency approved plan and the Agency shall approve the

23 payment of costs associated with corrective action after the

24 application of a $10,000 deductible, except in the following

25 situations:

26  (1) For costs incurred prior to the effective date of
    HB4941 Enrolled  -5-             LRB104 19217 BDA 32662 b

1   this amendatory Act of the 104th General Assembly, a

2   deductible of $100,000 shall apply when none of the

3   underground storage tanks were registered prior to July

4   28, 1989, except in the case of underground storage tanks

5   used exclusively to store heating oil for consumptive use

6   on the premises where stored and which serve other than

7   farms or residential units, a deductible of $100,000 shall

8   apply when none of these tanks were registered prior to

9   July 1, 1992.

10  (2) For costs incurred prior to the effective date of

11  this amendatory Act of the 104th General Assembly, a

12  deductible of $50,000 shall apply if any of the

13  underground storage tanks were registered prior to July

14  28, 1989, and the State received notice of the confirmed

15  release prior to July 28, 1989.

16  (3) For costs incurred prior to the effective date of

17  this amendatory Act of the 104th General Assembly, a

18  deductible of $15,000 shall apply when one or more, but

19  not all, of the underground storage tanks were registered

20  prior to July 28, 1989, and the State received notice of

21  the confirmed release on or after July 28, 1989.

22  In cases where paragraph (1), (2), or (3) of this

23 subsection applies, costs incurred after the effective date of

24 this amendatory Act shall be subject to the $10,000

25 deductible, which shall be reduced by any deductible amount

26 applied to costs incurred prior to the effective date of this
    HB4941 Enrolled       -6-       LRB104 19217 BDA 32662 b

1 amendatory Act of the 104th General Assembly.

2   For releases reported on or after June 8, 2010 (the

3 effective date of Public Act 96-908), an owner or operator may

4 access the Underground Storage Tank Fund for costs associated

5 with an Agency approved plan, and the Agency shall approve the

6 payment of costs associated with corrective action after the

7 application of a $5,000 deductible, subject to the

8 requirements of subsection (a-5) to prevent the application of

9 duplicate deductibles.

10  A deductible shall apply annually for each site at which

11 costs were incurred under a claim submitted pursuant to this

12 Title, except that if corrective action in response to an

13 occurrence takes place over a period of more than one year, in

14 subsequent years, no deductible shall apply for costs incurred

15 in response to such occurrence.

16  (c) Eligibility and deductibility determinations shall be

17 made by the Office of the State Fire Marshal.

18  (1) When an owner or operator reports a confirmed

19  release of a regulated substance, the Office of the State

20  Fire Marshal shall provide the owner or operator with an

21  "Eligibility and Deductibility Determination" form. The

22  form shall either be provided on-site or within 15 days of

23  the Office of the State Fire Marshal receipt of notice

24  indicating a confirmed release. The form shall request

25  sufficient information to enable the Office of the State

26  Fire Marshal to make a final determination as to owner or
    HB4941 Enrolled           -7-  LRB104 19217 BDA 32662 b

1   operator eligibility to access the Underground Storage

2   Tank Fund pursuant to this Title and the appropriate

3   deductible. The form shall be promulgated as a rule or

4   regulation pursuant to the Illinois Administrative

5   Procedure Act by the Office of the State Fire Marshal.

6   Until such form is promulgated, the Office of the State

7   Fire Marshal shall use a form which generally conforms

8   with this Act.

9   (2) Within 60 days of receipt of the "Eligibility and

10  Deductibility Determination" form, the Office of the State

11  Fire Marshal shall issue one letter enunciating the final

12  eligibility and deductibility determination, and such

13  determination or failure to act within the time prescribed

14  shall be a final decision appealable to the Illinois

15  Pollution Control Board.

16 (Source: P.A. 104-291, eff. 1-1-26; 104-417, eff. 8-15-25.)
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