Illinois Compiled Statutes
415 ILCS 5/ - Environmental Protection Act.
Title XVI - Petroleum Underground Storage Tanks

(415 ILCS 5/Tit. XVI heading)

 
(415 ILCS 5/57)
Sec. 57.
Intent and purpose.
This Title shall be
known and may be cited as the Leaking Underground Storage Tank Program
(LUST).
The purpose of this Title is, in accordance with the
requirements of the
Hazardous and Solid Waste Amendments of 1984 of the Resource Conservation and
Recovery Act of 1976 and in accordance with the State's interest in the
protection of Illinois' land and water resources: (1) to adopt
procedures for the
remediation of underground storage tank sites due to the release of petroleum
and other substances regulated under this Title from certain underground
storage tanks or related tank systems; (2) to establish and provide
procedures for
a Leaking Underground Storage Tank Program which will oversee and review any
remediation required for leaking underground storage tanks, and administer
the Underground Storage Tank Fund; (3) to establish an Underground Storage
Tank
Fund intended to be a State fund by which persons who qualify for access to the
Underground Storage Tank Fund may satisfy the financial responsibility
requirements under applicable State law and regulations; (4) to establish
requirements for eligible owners and operators of underground storage tanks to
seek payment for any costs associated with physical soil classification,
groundwater investigation, site classification and corrective action from the
Underground Storage Tank Fund; and (5) to audit and approve
corrective action efforts performed by Licensed Professional Engineers.

(Source: P.A. 91-357, eff. 7-29-99.)
 
(415 ILCS 5/57.1)
Sec. 57.1.
Applicability.
(a) An owner or operator of an underground storage tank who meets the
definition of this Title shall be required to conduct tank removal,
abandonment and repair, site investigation, and corrective action in accordance with the requirements
of
the Leaking Underground Storage Tank Program.
(b) An owner or operator of a heating oil tank as defined by this Title may
elect to
perform tank removal, abandonment or repair, site investigation,
or corrective action, unless the
provisions of subsection (g) of Section 57.5 are applicable.
(c) All owners or operators who conduct tank removal, repair or
abandonment, site investigation, or
corrective action may be eligible for the relief provided for under Section
57.10 of this Title.
(d) The owners or operators, or both, of underground storage tanks
containing regulated substances other than petroleum shall undertake corrective
action in conformance with regulations promulgated by the Illinois Pollution
Control Board.

(Source: P.A. 92-554, eff. 6-24-02.)
 
(415 ILCS 5/57.2)
Sec. 57.2. Definitions. As used in this Title:
"Audit" means a systematic inspection or examination of plans, reports,
records, or documents to determine the completeness and accuracy of the data
and
conclusions contained therein.
"Bodily injury" means bodily injury, sickness, or disease sustained by a
person, including death at any time, resulting from a release of petroleum from
an underground storage tank.
"Release" means any spilling, leaking, emitting, discharging,
escaping, leaching or disposing of petroleum from an underground storage tank
into groundwater, surface water or subsurface soils.
"Fill material" means non-native or disturbed materials used to bed and
backfill around an underground storage tank.
"Fund" means the Underground Storage Tank Fund.
"Heating Oil" means petroleum that is No. 1, No. 2, No. 4 - light, No. 4 -
heavy, No. 5 - light, No. 5 - heavy or No. 6 technical grades of fuel oil; and
other residual fuel oils including Navy Special Fuel Oil and Bunker C.
"Indemnification" means indemnification of an owner or operator for the
amount of any judgment entered against the owner or operator in a court of law,
for the amount of any final order or determination made against the owner or
operator by an agency of State government or any subdivision thereof, or for
the amount of any settlement entered into by the owner or operator, if the
judgment, order, determination, or settlement arises out of bodily injury or
property damage suffered as a result of a release of petroleum from an
underground storage tank owned or operated by the owner or operator.
"Corrective action" means activities associated with compliance with the
provisions of Sections 57.6 and 57.7 of this Title.
"Occurrence" means an accident, including continuous or repeated exposure
to conditions, that results in a sudden or nonsudden release from an
underground storage tank.
When used in connection with, or when otherwise relating to, underground
storage tanks, the terms "facility", "owner", "operator", "underground storage
tank", "(UST)", "petroleum" and "regulated substance" shall have the meanings
ascribed to them in Subtitle I of the Hazardous and Solid Waste Amendments of
1984 (P.L. 98-616), of the Resource Conservation and Recovery Act of 1976 (P.L.
94-580); provided however that the term "underground storage tank" shall also
mean an underground storage tank used exclusively to store heating oil for
consumptive use on the premises where stored and which serves other than a farm
or residential unit; provided further however that the term "owner" shall also mean any person who has submitted to the Agency a written election to proceed under this Title and has acquired an ownership interest in a site on which one or more registered tanks have been removed, but on which corrective action has not yet resulted in the issuance of a "no further remediation letter" by the Agency pursuant to this Title.
"Licensed Professional Engineer" means a person, corporation, or
partnership licensed under the laws of the State of Illinois to practice
professional engineering.
"Licensed Professional Geologist" means a person licensed under the laws of
the State of Illinois to practice as a professional geologist.
"Site" means any single location, place, tract of land or parcel
of property including contiguous property not separated by a public
right-of-way.
"Site investigation" means activities associated with compliance with the
provisions of subsection (a) of Section 57.7.
"Property damage" means physical injury to, destruction of, or contamination
of tangible property, including all resulting loss of use of that property; or
loss of use of tangible property that is not physically injured, destroyed, or
contaminated, but has been evacuated, withdrawn from use, or rendered
inaccessible because of a release of petroleum from an underground storage
tank.
"Class I Groundwater" means groundwater that meets the Class I: Potable
Resource Groundwater criteria set forth in the Board regulations adopted
pursuant to the Illinois Groundwater Protection Act.
"Class III Groundwater" means groundwater that meets the Class III: Special
Resource Groundwater criteria set forth in the Board regulations adopted
pursuant to the Illinois Groundwater Protection Act.

(Source: P.A. 94-274, eff. 1-1-06.)
 
(415 ILCS 5/57.3)
Sec. 57.3.
Underground Storage Tank Program.
The General Assembly hereby
establishes the Illinois Leaking Underground Storage Tank Program (LUST
Program). The LUST Program shall be administered by the Office of the State
Fire Marshal and the Illinois Environmental Protection Agency.

(Source: P.A. 88-496.)
 
(415 ILCS 5/57.4)
Sec. 57.4.
State Agencies.
The Office of State Fire Marshal and the Illinois
Environmental Protection Agency shall administer the Leaking Underground
Storage Tank Program in accordance with the terms of this Title.

(Source: P.A. 88-496.)
 
(415 ILCS 5/57.5)
Sec. 57.5.
Underground Storage Tanks; removal; repair; abandonment.
(a) Notwithstanding the eligibility or the level of deductibility of an
owner or operator under the Underground Storage Tank Fund, any owner or
operator of an Underground Storage Tank may seek to remove or
abandon
such tank under the provisions of this Title. In order to be reimbursed under
Section 57.8, the owner or operator must comply with the provisions of this
Title. In no event will an owner or operator be reimbursed for any costs which
exceed the minimum requirements necessary to comply with this Title.
(b) Removal or abandonment of an Underground Storage
Tank must be
carried out in accordance with regulations adopted by the Office of State Fire
Marshal.
(c) The Office of the State Fire Marshal or a designated agent shall have an
inspector on site at the time of removal, abandonment, or such other times the
Office of State Fire Marshal deems appropriate. At such time, the inspector
shall, upon preliminary excavation of the tank site, render an opinion as to
whether a release of petroleum has occurred and, if so, the owner or operator
shall report the known or suspected release to the Illinois Emergency
Management
Agency. The owner or operator shall determine whether or not a release has
occurred in conformance with the regulations adopted by the Board and the
Office
of the State Fire Marshal. Except that if the opinion of the Office of the
State Fire
Marshal inspector is that a release of petroleum has occurred and the owner or
operator has reported the release to the Illinois Emergency Management Agency
within 24 hours of removal of the tank, no such determination is required under
this
subsection. In the event the owner or
operator
confirms the presence of a release of petroleum,
the
owner or operator shall comply with Section 57.6. The inspector
shall provide the
owner or operator, or a designated agent, with an "Eligibility and
Deductibility Determination" form. The Office of the State Fire Marshal shall
provide on-site assistance to the owner or operator or a designated agent with
regard to the eligibility and deductibility procedures as provided in Section
57.9. If the Office of the State Fire Marshal is not on site, the Office of
the State Fire Marshal shall provide the owner or operator with an "Eligibility
and Deductibility Determination" form within 15 days after receiving notice
that the confirmed release was reported by the owner or operator.
(d) In the event that a release of petroleum is confirmed under subsection
(c) of this Section, the owner or operator may elect to backfill the
preliminary excavation and proceed under Section 57.6.
(e) In the event that an Underground Storage Tank is found to be ineligible
for payment from the Underground Storage Tank Fund, the owner or operator shall
proceed under Sections 57.6 and 57.7.
(f) In the event that no release of petroleum is confirmed,
the owner or operator shall proceed to complete the removal
of the
underground storage tank, and when appropriate, dispose of the tank and
backfill the excavation or, in the alternate, abandon the underground storage
tank in place. Either option shall be in accordance with regulations adopted
by the Office of the State Fire Marshal. The owner or operator shall certify
to the Office of the State Fire Marshal that the tank removal or abandonment
was conducted in accordance with all applicable rules and regulations, and
the Office of the State Fire Marshal shall then issue a certificate of removal
or abandonment to the owner or operator.
If the Office of the State Fire Marshal fails to issue a certificate of
removal or abandonment within 30 days of receipt of the certification, the
certification shall be considered rejected by operation of law and a final
action appealable to the Board.
Nothing in this Title shall prohibit the Office of the State Fire Marshal from
making an independent inspection of the site and challenging the veracity of
the owner or operator certification.
(g) The owner or operator of an underground storage tank taken out of
operation before January 2, 1974, or an underground storage tank used
exclusively to store heating oil for consumptive use on the premises where
stored and which serves other than a farm or residential unit shall not be
required to remove or abandon in place such underground storage tank except in
the case in which the Office of the State Fire Marshal has determined that a
release from the underground storage tank poses a current or potential threat
to human health and the environment. In that case, and upon receipt of an
order from the Office of the State Fire Marshal, the owner or operator of such
underground storage tank shall conduct removal and, if necessary, site
investigation and corrective
action in accordance with this Title and regulations promulgated by the Office
of State Fire Marshal and the Board.
(h) In the event that a release of petroleum occurred between September
13, 1993, and August 1, 1994, for which the Office of the State Fire Marshal
issued a certificate of removal or abandonment based on its determination of
"no release" or "minor release," and the Office of the State Fire Marshal
subsequently has rescinded that determination and required a report of a
confirmed release to the Illinois Emergency Management Agency, the owner or
operator may be eligible for reimbursement for the costs of site
investigation and corrective action
incurred on or after the date of the release but prior to the notification of
the Illinois Emergency Management Agency. The date of the release shall be the
date of the initial inspection by the Office of the State Fire Marshal as
recorded in its inspection log. Eligibility and deductibility shall be
determined in accordance with this Title, the owner or operator must comply
with the provisions of this Act and its rules, and in no case shall the owner
or operator be reimbursed for costs exceeding the minimum requirements of this
Act and its rules.

(Source: P.A. 92-554, eff. 6-24-02.)
 
(415 ILCS 5/57.6)
Sec. 57.6.
Underground storage tanks; early action.
(a) Owners and operators of underground storage tanks shall, in response to
all confirmed releases, comply with all applicable statutory and regulatory
reporting and response requirements.
(b) Notwithstanding any other corrective action taken, an owner or operator
may, at a minimum, and prior to submission of any plans to the Agency, remove
the tank system or abandon the underground storage tank in
place, in
accordance with the regulations promulgated by the Office of the State Fire
Marshal. The owner or operator may also remove visibly contaminated fill
material and any groundwater in the excavation which exhibits a sheen.
For purposes of payment for early action costs, however, fill material shall
not be removed in an amount in excess of 4 feet
from the outside dimensions of the tank.

(Source: P.A. 92-554, eff. 6-24-02.)
 
(415 ILCS 5/57.7)
Sec. 57.7. Leaking underground storage tanks; site investigation and
corrective action.
(a) Site investigation.
(b) Corrective action.
(c) Agency review and approval.
(d) For purposes of this Title, the term "indicator contaminant" shall
mean, unless and until the Board promulgates regulations to the contrary, the
following: (i) if an underground storage tank contains gasoline, the indicator
parameter shall be BTEX and Benzene; (ii) if the tank contained petroleum
products consisting of middle distillate or heavy ends, then the indicator
parameter shall be determined by a scan of PNA's taken from the location where
contamination is most likely to be present; and (iii) if the tank contained
used oil, then the indicator contaminant shall be those chemical constituents
which indicate the type of petroleum stored in an underground storage tank.
All references in this Title to groundwater objectives shall mean Class I
groundwater standards or objectives as applicable.
(e) (1) Notwithstanding the provisions of this Section, an owner or operator may proceed to conduct site investigation or corrective action prior to the submittal or approval of an otherwise required plan. If the owner or operator elects to so proceed, an applicable plan shall be filed with the Agency at any time. Such plan shall detail the steps taken to determine the type of site investigation or corrective action which was necessary at the site along with the site investigation or corrective action taken or to be taken, in addition to costs associated with activities to date and anticipated costs.
(f) All investigations, plans, and reports conducted or prepared under
this Section shall be conducted or prepared under the supervision of a
licensed professional engineer and in accordance with the requirements
of this Title.
(Source: P.A. 98-109, eff. 7-25-13.)
 
(415 ILCS 5/57.8)
Sec. 57.8. Underground Storage Tank Fund; payment; options for State payment;
deferred correction election to commence corrective action upon availability of
funds. If an owner or operator is eligible to access the Underground Storage
Tank Fund pursuant to an Office of State Fire Marshal eligibility/deductible
final determination letter issued in accordance with Section 57.9, the owner or
operator may submit a complete application for final or partial payment to the
Agency for activities taken in response to a confirmed release. An owner or
operator may submit a request for partial or final payment regarding a site no
more frequently than once every 90 days.
(a) Payment after completion of corrective action measures.
The owner or operator may submit an application for payment for
activities performed at a site after completion of the requirements of Sections
57.6 and 57.7, or after completion of any other required activities at the
underground storage tank site.
(b) Commencement of site investigation or corrective action upon
availability of funds.
The Board shall adopt regulations setting forth procedures based on risk to
human health or the environment under which the owner or operator who has
received approval for any budget plan submitted pursuant to Section
57.7, and who is eligible for payment from the Underground Storage Tank Fund
pursuant to an Office of the State Fire Marshal eligibility and deductibility
determination, may elect to defer site investigation or corrective action activities until funds are available
in
an amount equal to the amount approved in the budget. The regulations
shall establish criteria based on risk to human health or the environment to be
used for determining on a site-by-site basis whether deferral is appropriate.
The regulations also shall establish the minimum investigatory requirements for
determining whether the risk based criteria are present at a site considering
deferral and procedures for the notification of owners or operators of
insufficient funds, Agency review of request for deferral, notification of
Agency final decisions, returning deferred sites to active status, and
earmarking of funds for payment.
(c) When the owner or operator requests indemnification for payment of costs
incurred as a result of a release of petroleum from an underground storage
tank, if the owner or operator has satisfied the requirements of subsection (a)
of this Section, the Agency shall forward a copy of the request to the Attorney
General. The Attorney General shall review and approve the request for
indemnification if:
(d) Notwithstanding any other provision of this Title, the Agency shall not
approve payment to an owner or operator from the Fund for costs of corrective
action or indemnification incurred during a calendar year in excess of the
following aggregate amounts based on the number of petroleum underground
storage tanks owned or operated by such owner or operator in Illinois.
(e) Costs of corrective action or indemnification incurred by an owner or
operator which have been paid to an owner or operator under a policy of
insurance, another written agreement, or a court order are not eligible for
payment under this Section. An owner or operator who receives payment under a
policy of insurance, another written agreement, or a court order shall
reimburse the State to the extent such payment covers costs for which payment
was received from the Fund. Any monies received by the State under this
subsection (e) shall be deposited into the Fund.
(f) (Blank.)
(g) The Agency shall not approve any payment from the Fund to pay an owner
or operator:
(h) Payment of any amount from the Fund for corrective action or
indemnification shall be subject to the State acquiring by subrogation the
rights of any owner, operator, or other person to recover the costs of
corrective action or indemnification for which the Fund has compensated such
owner, operator, or person from the person responsible or liable for the
release.
(i) If the Agency refuses to pay or authorizes only
a partial payment, the affected owner or operator may petition the Board for a
hearing in the manner provided for the review of permit decisions in Section 40
of this Act.
(j) Costs of corrective action or indemnification incurred by an owner or
operator prior to July 28, 1989, shall not be eligible for payment or
reimbursement under this Section.
(k) The Agency shall not pay costs of corrective action or
indemnification incurred before providing notification of the release of
petroleum in accordance with the provisions of this Title.
(l) Corrective action does not include legal defense costs. Legal defense
costs include legal costs for seeking payment under this Title unless the owner
or operator prevails before the Board in which case the Board may authorize
payment of legal fees.
(m) The Agency may apportion payment of costs for plans submitted under
Section 57.7 if:
(n) The Agency shall not pay costs associated with a corrective action
plan incurred after the Agency provides
notification to the owner or operator pursuant to item (7) of subsection (b) of
Section 57.7 that a revised corrective action plan
is required. Costs associated with any subsequently approved corrective action
plan shall be eligible for reimbursement if they
meet the requirements of this Title.

(Source: P.A. 98-109, eff. 7-25-13.)
 
(415 ILCS 5/57.8a)
Sec. 57.8a. Assignment of payments from the Underground Storage Tank Fund.
(a) If the Agency has formed a priority list for payment under Section 57.8(a)(3) of this Act, an owner or operator on the priority list may assign to any bank, financial institution, lender, or other person that provides factoring or financing to an owner or operator or to a consultant of an owner or operator a full approved payment amount on the priority list for which the owner or operator is awaiting payment. The assignment must be made on an approved payment-by-approved payment basis and must be made on forms prescribed by the Agency. No assignment under this Section prevents or affects the right of the State Comptroller to make the deductions and off-sets provided in Section 10.05 of the State Comptroller Act.
(b) The making of an assignment under this Section shall not affect an owner's or operator's right to appeal an Agency decision as provided in this Title. No assignee shall have a right to appeal an Agency decision as provided in this Title.
(c) An owner's or operator's assignment under this Section is irrevocable and may be made to only one assignee. The State shall pay the assigned amount, subject to right of the State Comptroller to make the deductions and off-sets provided in Section 10.05 of the State Comptroller Act, to this one assignee only and shall not pay the assigned amount to any subsequent assignee of the one assignee.
(d) The State and its officers and employees are discharged of all liability upon payment of the assigned amount to the assignee. The assignor and assignee shall hold harmless and indemnify the State and its officers and employees from all claims, actions, suits, complaints, and liabilities related to the assignment.
(e) An assignee may use funds received for any purpose including, without limitation, paying principal, interest, or other costs due on any financing made by the assignee. To the extent an owner or operator incurs costs associated with making an assignment under this Section, the owner or operator may not seek reimbursement of those costs from the Fund.

(Source: P.A. 95-403, eff. 8-24-07.)
 
(415 ILCS 5/57.9)
Sec. 57.9. Underground Storage Tank Fund; eligibility and deductibility.
(a) The Underground Storage Tank Fund shall be accessible by owners and
operators who have a confirmed release from an underground storage tank or
related tank system of a substance listed in this Section. The owner or
operator is eligible to access the Underground Storage Tank Fund if the
eligibility requirements of this Title are satisfied and:
(b) For releases reported prior to the effective date of this amendatory Act of the 96th General Assembly, an owner or operator may access the Underground Storage Tank Fund for
costs associated with an Agency approved plan and the Agency shall approve the
payment of costs associated with corrective action after the
application of a $10,000 deductible, except in the following situations:
For releases reported on or after the effective date of this amendatory Act of the 96th General Assembly, an owner or operator may access the Underground Storage Tank Fund for costs associated with an Agency approved plan, and the Agency shall approve the payment of costs associated with corrective action after the application of a $5,000 deductible.
A deductible shall apply annually for each site at which costs were incurred
under a claim submitted pursuant to this Title, except that if corrective
action in response to an occurrence takes place over a period of more than one
year, in subsequent years, no deductible shall apply for costs incurred in
response to such occurrence.
(c) Eligibility and deductibility determinations shall be made by the Office
of the State Fire Marshal.
(Source: P.A. 96-908, eff. 6-8-10.)
 
(415 ILCS 5/57.10)
Sec. 57.10. Professional Engineer or Professional Geologist
certification; presumptions against liability.
(a) Within 120 days of the Agency's receipt of a
corrective action completion report, the Agency
shall issue to the owner or operator a "no further remediation letter" unless
the Agency has requested a modification, issued a rejection under
subsection (d) of this Section, or the report has been rejected by operation
of law.
(b) By certifying such a statement, a Licensed Professional Engineer or
Licensed Professional Geologist shall in no way be liable thereon, unless
the engineer or geologist gave such certification despite his or her actual
knowledge that the performed measures were not in compliance with applicable
statutory or regulatory requirements or any plan submitted to the Agency.
(c) The Agency's issuance of a no further remediation letter shall signify,
based on the certification of the Licensed Professional Engineer, that:
(d) The no further remediation letter issued under this
Section
shall apply in favor of the following
parties:
(e) If the Agency notifies the owner or operator that the "no
further
remediation" letter has been rejected, the grounds for such rejection shall be
described in the notice. Such a decision shall be a final determination which
may be appealed by the owner or operator.
(f) The Board shall adopt rules setting forth the criteria under which the
Agency may require an owner or operator to conduct further investigation or
remediation related to a release for which a no further remediation letter
has been issued.
(g) Holders of security interests in sites subject to the requirements of
this Title XVI shall be entitled to the same protections and subject to the
same responsibilities provided under general regulations promulgated under
Subtitle I of the Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616)
of the Resource Conservation and Recovery Act of 1976 (P.L. 94-580).

(Source: P.A. 94-276, eff. 1-1-06.)
 
(415 ILCS 5/57.11)
Sec. 57.11. Underground Storage Tank Fund; creation.
(a) There is hereby created in the State Treasury a special fund
to be known as the Underground Storage Tank Fund. There shall be deposited
into the Underground Storage Tank Fund all moneys received by the Office of the
State Fire Marshal as fees for underground storage tanks under Sections 4 and 5
of the Gasoline Storage Act, fees pursuant to the Motor Fuel Tax Law, and beginning July 1, 2013, payments pursuant to the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act.
All amounts held in the Underground Storage Tank Fund shall be invested at
interest by the State Treasurer. All income earned from the investments shall
be deposited into the Underground Storage Tank Fund no less frequently than
quarterly. In addition to any other transfers that may be provided for by law, beginning on July 1, 2018 and on the first day of each month thereafter during fiscal years 2019 through 2023 only, the State Comptroller shall direct and the State Treasurer shall transfer an amount equal to 1/12 of $10,000,000 from the Underground Storage Tank Fund to the General Revenue Fund. Moneys in the Underground Storage Tank Fund, pursuant to
appropriation, may be used by the Agency and the Office of the State Fire
Marshal for the following purposes:
(b) Moneys in the Underground Storage Tank Fund may, pursuant to
appropriation, be used by the Office of the State Fire Marshal or the Agency to
take whatever emergency action is necessary or appropriate to assure that the
public health or safety is not threatened whenever there is a release or
substantial threat of a release of petroleum from an underground storage tank
and for the costs of administering its activities relative to the Underground
Storage Tank Fund.
(c) Beginning July 1, 1993, the Governor shall certify to the State
Comptroller and State Treasurer the monthly amount necessary to pay debt
service on State obligations issued pursuant to Section 6 of the General
Obligation Bond Act. On the last day of each month, the Comptroller shall order
transferred and the Treasurer shall transfer from the Underground Storage Tank
Fund to the General Obligation Bond Retirement and Interest Fund the amount
certified by the Governor, plus any cumulative deficiency in those transfers
for prior months.
(d) Except as provided in subsection (c) of this Section, the Underground Storage Tank Fund is not subject to administrative charges authorized under Section 8h of the State Finance Act that would in any way transfer any funds from the Underground Storage Tank Fund into any other fund of the State.
(e) Each fiscal year, subject to appropriation, the Agency may commit up to $10,000,000 of the moneys in the Underground Storage Tank Fund to the payment of corrective action costs for legacy sites that meet one or more of the following criteria as a result of the underground storage tank release: (i) the presence of free product, (ii) contamination within a regulated recharge area, a wellhead protection area, or the setback zone of a potable water supply well, (iii) contamination extending beyond the boundaries of the site where the release occurred, or (iv) such other criteria as may be adopted in Agency rules.
(f) Beginning July 1, 2013, if the amounts deposited into the Fund from moneys received by the Office of the State Fire Marshal as fees for underground storage tanks under Sections 4 and 5 of the Gasoline Storage Act and as fees pursuant to the Motor Fuel Tax Law during a State fiscal year are sufficient to pay all claims for payment by the fund received during that State fiscal year, then the amount of any payments into the fund pursuant to the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act during that State fiscal year shall be deposited as follows: 75% thereof shall be paid into the State treasury and 25% shall be reserved in a special account and used only for the transfer to the Common School Fund as part of the monthly transfer from the General Revenue Fund in accordance with Section 8a of the State Finance Act.
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
 
(415 ILCS 5/57.12)
Sec. 57.12.
Underground storage tanks; enforcement; liability.
(a) Notwithstanding any other provision or rule of law, the owner or
operator, or both, of an underground storage tank shall be liable for all costs
of investigation, preventive action, corrective action and enforcement action
incurred by the State of Illinois resulting from an underground storage tank.
Nothing in this Section shall affect or modify in any way:
(b) Nothing in this Section shall affect or modify in any way the
obligations or liability of any person under any other provision of this Act or
State or federal law, including common law, to investigate, respond to,
remediate, or clean up a release of a regulated substance from an underground
storage tank.
(c) The Agency has the authority to do either of the following:
(d) If notice has been provided under this Section, the Agency has the
authority to require the owner or operator, or both, of an underground storage
tank to undertake preventive or corrective action whenever there is a release
or substantial threat of a release of petroleum from such tank.
(e) The Director of the Agency is authorized to enter into such contracts
and agreements as may be necessary, and as expeditiously as necessary, to carry
out the Agency's duties or responsibilities under this Title.
(f) (1) The owner or operator, or both, of an underground storage tank may
be liable to the State of Illinois for punitive damages in an amount at least
equal to, and not more than 3 times, the amount of any costs incurred
by the
State as a result of the State's response to a release or a substantial threat
of a release of petroleum from the underground storage tank if the owner or
operator failed, without sufficient cause, to respond to a release or a
substantial threat of a release of a regulated substance from the underground
storage tank upon, or in accordance with, a notice issued by the Agency under
this Section.
(2) The punitive damages imposed under this subsection (f) shall be in
addition to any costs recovered from that person pursuant to this Section and
in addition to any other penalty or relief provided by this Act, or any other
law.
(g) The standard of liability under this Section is the standard of
liability under Section 22.2(f) of this Act.
(h) Neither the State of Illinois, nor the Director of the Agency, nor any
State employee shall be liable for any damages or injuries arising out of or
resulting from any action taken under this Section.
(i) The costs and damages provided for in this Section may be imposed by the
Board or the Circuit Court in an action brought before the Board or the Circuit
Court in accordance with Title VIII of this Act, except that Section 33(c) of
this Act shall not apply to the action. Costs recovered pursuant to this
Section shall be deposited in the fund from which the monies were expended.
Damages recovered under this Section shall be deposited in the
Underground Storage Tank Fund.

(Source: P.A. 88-496; 89-428, eff. 1-1-96; 89-457, eff. 5-22-96.)
 
(415 ILCS 5/57.12A)
Sec. 57.12A.
Lender liability; definitions.
(a) Notwithstanding any other provision or rule of law, the term "owner"
or "operator" does not include a holder who, without participating in the
management of a facility, underground storage tank, or underground storage tank
system, holds any indicia of ownership primarily to protect its
security interest in the facility, underground storage tank, or underground
storage tank system.
(b) As used in this Section, and notwithstanding any other provision or rule
of law:
(c) Participation in management.
The term "participating in the management
of an underground storage tank or underground storage tank system" means that
the holder is engaging in acts of petroleum underground storage tank or
underground storage tank system management, as defined herein.
(d) Ownership of an underground storage tank and underground storage tank
system.
(e) Operating an underground storage tank or underground storage tank
system.
(f) Actions taken to protect human health and the environment. A holder is
not considered to be an operator of an underground storage tank
or underground storage tank system or to be participating in the management of
an underground storage tank or underground storage tank system solely on the
basis of undertaking actions under a federal or State law or regulation,
provided that the holder does not otherwise participate in the management or
daily operation of the underground storage tank or underground storage tank
system. Such actions include, but are not limited to, release reporting,
release response and corrective action, temporary or permanent closure of an
underground storage tank or underground storage tank system, underground
storage tank upgrading or replacement, and maintenance of corrosion
protection. A holder who undertakes these
actions must do so in compliance with the applicable requirements of this Act.
(g) Financial responsibility. A holder is exempt from the requirement to
demonstrate financial responsibility under any State law or rule, provided the
holder:
(Source: P.A. 89-200, eff. 1-1-96; 89-626, eff. 8-9-96.)
 
(415 ILCS 5/57.13)
Sec. 57.13. Underground Storage Tank Program; transition. This Title applies to all underground storage tank releases for which a No Further Remediation Letter is issued on or after the effective date of this amendatory Act of the 96th General Assembly, provided that (i) costs incurred prior to the effective date of this amendatory Act shall be payable from the UST Fund in the same manner as allowed under the law in effect at the time the costs were incurred and (ii) releases for which corrective action was completed prior to the effective date of this amendatory Act shall be eligible for a No Further Remediation Letter in the same manner as allowed under the law in effect at the time the corrective action was completed.
(Source: P.A. 95-331, eff. 8-21-07; 96-908, eff. 6-8-10.)
 
(415 ILCS 5/57.14)
Sec. 57.14.
(Repealed).

(Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A.
91-798, eff. 7-9-00.)
 
(415 ILCS 5/57.14A)
Sec. 57.14A.
Rules.
(a) The Agency shall propose and the Board shall adopt amendments to the
rules
governing the administration of this
Title to make the rules consistent with the provisions herein.
(b) Until such time as the amended rules required under this Section
take effect, the Agency shall administer this Title in accordance with the
provisions herein.

(Source: P.A. 92-554, eff. 6-24-02.)
 
(415 ILCS 5/57.15)
Sec. 57.15.
Authority to audit.
The Agency has the authority to audit all
data, reports, plans, documents and budgets submitted pursuant to this Title.
If the data, report, plan, document or budget audited by the Agency pursuant to
this Section fails to conform to all applicable requirements of this Title, the
Agency may take appropriate actions.

(Source: P.A. 88-496.)
 
(415 ILCS 5/57.16)
Sec. 57.16.
Severability.
The provisions of this Title are severable under
Section 1.31 of the Statute on Statutes.

(Source: P.A. 88-496.)
 
(415 ILCS 5/57.17)
Sec. 57.17. (Repealed).


(Source: P.A. 88-496. Repealed by P.A. 98-822, eff. 8-1-14.)
 
(415 ILCS 5/57.18)
Sec. 57.18. Additional remedial action required by change in law; Agency's duty to propose amendment. If a change in State or federal law requires additional remedial action in response to releases for which No Further Remediation Letters have been issued, the Agency shall propose in the next convening of a regular session of the current General Assembly amendments to this Title to allow owners and operators to perform the additional remedial action and seek payment from the Fund for the costs of the action.

(Source: P.A. 96-908, eff. 6-8-10.)
 
(415 ILCS 5/57.19)
Sec. 57.19. Costs incurred after the issuance of a No Further Remediation Letter. The following shall be considered corrective action activities eligible for payment from the Fund even when an owner or operator conducts these activities after the issuance of a No Further Remediation Letter. Corrective action conducted under this Section and costs incurred under this Section must comply with the requirements of this Title and Board rules adopted under this Title.
(Source: P.A. 96-908, eff. 6-8-10.)

Structure Illinois Compiled Statutes