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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 Sections 57.5, 57.8, and 57.9 as follows:
| ||||||||||||||||||||||||||||
6 | (415 ILCS 5/57.5)
| ||||||||||||||||||||||||||||
7 | Sec. 57.5. Underground Storage Tanks; removal; repair; | ||||||||||||||||||||||||||||
8 | abandonment.
| ||||||||||||||||||||||||||||
9 | (a) Notwithstanding the eligibility or the level of | ||||||||||||||||||||||||||||
10 | deductibility of an
owner or operator under the Underground | ||||||||||||||||||||||||||||
11 | Storage Tank Fund, any owner or
operator of an Underground | ||||||||||||||||||||||||||||
12 | Storage Tank may seek to remove or
abandon
such tank under the | ||||||||||||||||||||||||||||
13 | provisions of this Title. In order to be reimbursed under
| ||||||||||||||||||||||||||||
14 | Section 57.8, the owner or operator must comply with the | ||||||||||||||||||||||||||||
15 | provisions of this
Title. Except for interest accrued under | ||||||||||||||||||||||||||||
16 | paragraph (2.5) of subsection (a) of Section 57.8, in In no | ||||||||||||||||||||||||||||
17 | event will an owner or operator be reimbursed for any costs | ||||||||||||||||||||||||||||
18 | which
exceed the minimum requirements necessary to comply with | ||||||||||||||||||||||||||||
19 | this Title.
| ||||||||||||||||||||||||||||
20 | (b) Removal or abandonment of an Underground Storage
Tank | ||||||||||||||||||||||||||||
21 | must be
carried out in accordance with regulations adopted by | ||||||||||||||||||||||||||||
22 | the Office of State Fire
Marshal.
| ||||||||||||||||||||||||||||
23 | (c) The Office of the State Fire Marshal or a designated |
| |||||||
| |||||||
1 | agent shall have an
inspector on site at the time of removal, | ||||||
2 | abandonment, or such other times the
Office of State Fire | ||||||
3 | Marshal deems appropriate. At such time, the inspector
shall, | ||||||
4 | upon preliminary excavation of the tank site, render an | ||||||
5 | opinion as to
whether a release of petroleum has occurred and, | ||||||
6 | if so, the owner or operator
shall report the known or | ||||||
7 | suspected release to the Illinois Emergency
Management
Agency. | ||||||
8 | The owner or operator shall determine whether or not a release | ||||||
9 | has
occurred in conformance with the regulations adopted by | ||||||
10 | the Board and the
Office
of the State Fire Marshal. Except that | ||||||
11 | if the opinion of the Office of the
State Fire
Marshal | ||||||
12 | inspector is that a release of petroleum has occurred and the | ||||||
13 | owner or
operator has reported the release to the Illinois | ||||||
14 | Emergency Management Agency
within 24 hours of removal of the | ||||||
15 | tank, no such determination is required under
this
subsection. | ||||||
16 | In the event the owner or
operator
confirms the presence of a | ||||||
17 | release of petroleum,
the
owner or operator shall comply with | ||||||
18 | Section 57.6. The inspector
shall provide the
owner or | ||||||
19 | operator, or a designated agent, with an "Eligibility and
| ||||||
20 | Deductibility Determination" form. The Office of the State | ||||||
21 | Fire Marshal shall
provide on-site assistance to the owner or | ||||||
22 | operator or a designated agent with
regard to the eligibility | ||||||
23 | and deductibility procedures as provided in Section
57.9. If | ||||||
24 | the Office of the State Fire Marshal is not on site, the Office | ||||||
25 | of
the State Fire Marshal shall provide the owner or operator | ||||||
26 | with an "Eligibility
and Deductibility Determination" form |
| |||||||
| |||||||
1 | within 15 days after receiving notice
that the confirmed | ||||||
2 | release was reported by the owner or operator.
| ||||||
3 | (d) In the event that a release of petroleum is confirmed | ||||||
4 | under subsection
(c) of this Section, the owner or operator | ||||||
5 | may elect to backfill the
preliminary excavation and proceed | ||||||
6 | under Section 57.6.
| ||||||
7 | (e) In the event that an Underground Storage Tank is found | ||||||
8 | to be ineligible
for payment from the Underground Storage Tank | ||||||
9 | Fund, the owner or operator shall
proceed under Sections 57.6 | ||||||
10 | and 57.7.
| ||||||
11 | (f) In the event that no release of petroleum is | ||||||
12 | confirmed,
the owner or operator shall proceed to complete the | ||||||
13 | removal
of the
underground storage tank, and when appropriate, | ||||||
14 | dispose of the tank and
backfill the excavation or, in the | ||||||
15 | alternate, abandon the underground storage
tank in place. | ||||||
16 | Either option shall be in accordance with regulations adopted
| ||||||
17 | by the Office of the State Fire Marshal. The owner or operator | ||||||
18 | shall certify
to the Office of the State Fire Marshal that the | ||||||
19 | tank removal or abandonment
was conducted in accordance with | ||||||
20 | all applicable rules and regulations, and
the Office of the | ||||||
21 | State Fire Marshal shall then issue a certificate of removal
| ||||||
22 | or abandonment to the owner or operator.
If the Office of the | ||||||
23 | State Fire Marshal fails to issue a certificate of
removal or | ||||||
24 | abandonment within 30 days of receipt of the certification, | ||||||
25 | the
certification shall be considered rejected by operation of | ||||||
26 | law and a final
action appealable to the Board.
Nothing in this |
| |||||||
| |||||||
1 | Title shall prohibit the Office of the State Fire Marshal from
| ||||||
2 | making an independent inspection of the site and challenging | ||||||
3 | the veracity of
the owner or operator certification.
| ||||||
4 | (g) The owner or operator of an underground storage tank | ||||||
5 | taken out of
operation before January 2, 1974, or an | ||||||
6 | underground storage tank used
exclusively to store heating oil | ||||||
7 | for consumptive use on the premises where
stored and which | ||||||
8 | serves other than a farm or residential unit shall not be
| ||||||
9 | required to remove or abandon in place such underground | ||||||
10 | storage tank except in
the case in which the Office of the | ||||||
11 | State Fire Marshal has determined that a
release from the | ||||||
12 | underground storage tank poses a current or potential threat
| ||||||
13 | to human health and the environment. In that case, and upon | ||||||
14 | receipt of an
order from the Office of the State Fire Marshal, | ||||||
15 | the owner or operator of such
underground storage tank shall | ||||||
16 | conduct removal and, if necessary, site
investigation and | ||||||
17 | corrective
action in accordance with this Title and | ||||||
18 | regulations promulgated by the Office
of State Fire Marshal | ||||||
19 | and the Board.
| ||||||
20 | (h) In the event that a release of petroleum occurred | ||||||
21 | between September
13, 1993, and August 1, 1994, for which the | ||||||
22 | Office of the State Fire Marshal
issued a certificate of | ||||||
23 | removal or abandonment based on its determination of
"no | ||||||
24 | release" or "minor release," and the Office of the State Fire | ||||||
25 | Marshal
subsequently has rescinded that determination and | ||||||
26 | required a report of a
confirmed release to the Illinois |
| |||||||
| |||||||
1 | Emergency Management Agency, the owner or
operator may be | ||||||
2 | eligible for reimbursement for the costs of site
investigation | ||||||
3 | and corrective action
incurred on or after the date of the | ||||||
4 | release but prior to the notification of
the Illinois | ||||||
5 | Emergency Management Agency. The date of the release shall be | ||||||
6 | the
date of the initial inspection by the Office of the State | ||||||
7 | Fire Marshal as
recorded in its inspection log. Eligibility | ||||||
8 | and deductibility shall be
determined in accordance with this | ||||||
9 | Title, the owner or operator must comply
with the provisions | ||||||
10 | of this Act and its rules, and in no case shall the owner
or | ||||||
11 | operator be reimbursed for costs exceeding the minimum | ||||||
12 | requirements of this
Act and its rules.
| ||||||
13 | (Source: P.A. 92-554, eff. 6-24-02.)
| ||||||
14 | (415 ILCS 5/57.8)
| ||||||
15 | Sec. 57.8. Underground Storage Tank Fund; payment; options | ||||||
16 | for State payment;
deferred correction election to commence | ||||||
17 | corrective action upon availability of
funds. If an owner or | ||||||
18 | operator is eligible to access the Underground Storage
Tank | ||||||
19 | Fund pursuant to an Office of State Fire Marshal | ||||||
20 | eligibility/deductible
final determination letter issued in | ||||||
21 | accordance with Section 57.9, the owner or
operator may submit | ||||||
22 | a complete application for final or partial payment to the
| ||||||
23 | Agency for activities taken in response to a confirmed | ||||||
24 | release. An owner or
operator may submit a request for partial | ||||||
25 | or final payment regarding a site no
more frequently than once |
| |||||||
| |||||||
1 | every 90 days.
| ||||||
2 | (a) Payment after completion of corrective action | ||||||
3 | measures.
The owner or operator may submit an application for | ||||||
4 | payment for
activities performed at a site after completion of | ||||||
5 | the requirements of Sections
57.6 and 57.7, or after | ||||||
6 | completion of any other required activities at the
underground | ||||||
7 | storage tank site.
| ||||||
8 | (1) This paragraph applies to a release reported under | ||||||
9 | Section 57.5 before the effective date of this amendatory | ||||||
10 | Act of the 102nd General Assembly. | ||||||
11 | In the case of any approved plan and budget for which | ||||||
12 | payment is
being sought, the Agency shall make a payment | ||||||
13 | determination within 120 days of
receipt of the | ||||||
14 | application. Such determination shall be considered a | ||||||
15 | final
decision. The Agency's review shall be limited to | ||||||
16 | generally accepted auditing
and accounting practices. In | ||||||
17 | no case shall the Agency conduct additional
review of any | ||||||
18 | plan which was completed within the budget, beyond | ||||||
19 | auditing for
adherence to the corrective action measures | ||||||
20 | in the proposal. If the Agency
fails to approve the | ||||||
21 | payment application within 120 days, such application
| ||||||
22 | shall be deemed approved by operation of law and the | ||||||
23 | Agency shall proceed to
reimburse the owner or operator | ||||||
24 | the amount requested in the payment
application. However, | ||||||
25 | in no event shall the Agency reimburse the owner or
| ||||||
26 | operator an amount greater than the amount approved in the |
| |||||||
| |||||||
1 | plan.
| ||||||
2 | (2) This paragraph applies to a release reported under | ||||||
3 | Section 57.5 before the effective date of this amendatory | ||||||
4 | Act of the 102nd General Assembly. If sufficient funds are | ||||||
5 | available in the Underground Storage Tank
Fund, the Agency | ||||||
6 | shall, within 60 days, forward to the Office of the State
| ||||||
7 | Comptroller a voucher in the amount approved under the | ||||||
8 | payment application.
| ||||||
9 | (2.5) This paragraph applies to a release reported | ||||||
10 | under Section 57.5 on or after the effective date of this | ||||||
11 | amendatory Act of the 102nd General Assembly. | ||||||
12 | In the case of an application for an approved plan | ||||||
13 | that is at or under a budget approved by the Agency for a | ||||||
14 | tank registered under the Gasoline Storage Act, the Agency | ||||||
15 | shall have 30 days from receipt of the application to make | ||||||
16 | a payment determination and, if sufficient funds are | ||||||
17 | available in the Underground Storage Tank Fund, to forward | ||||||
18 | to the Office of the State Comptroller a voucher in the | ||||||
19 | amount approved under the payment application. The | ||||||
20 | determination shall be considered a final decision. The | ||||||
21 | Agency's review shall be limited to generally accepted | ||||||
22 | auditing and accounting practices. In no case shall the | ||||||
23 | Agency conduct additional review of any plan which was | ||||||
24 | completed within the budget, beyond auditing for adherence | ||||||
25 | to the corrective action measures in the proposal. If the | ||||||
26 | Agency fails to approve the payment application within 30 |
| |||||||
| |||||||
1 | days, then the application shall be deemed approved by | ||||||
2 | operation of law and the Agency shall proceed to reimburse | ||||||
3 | the owner or operator the amount requested in the payment | ||||||
4 | application. If a full payment is not made within 30 days | ||||||
5 | of receipt of the application, then the Fund must pay the | ||||||
6 | owner or operator 2% interest per month on any unpaid | ||||||
7 | amount until the owner or operator is fully paid. | ||||||
8 | In the case of an application for an approved plan | ||||||
9 | that is over a budget approved by the Agency for a tank | ||||||
10 | that is registered under the Gasoline Storage Act, the | ||||||
11 | Agency shall have 60 days from receipt of the application | ||||||
12 | to make a payment determination and, if sufficient funds | ||||||
13 | are available in the Underground Storage Tank Fund, 30 | ||||||
14 | days from the date of the payment determination to forward | ||||||
15 | to the Office of the State Comptroller a voucher in the | ||||||
16 | amount approved under the payment application. The | ||||||
17 | determination shall be considered a final decision. The | ||||||
18 | Agency's review shall be limited to generally accepted | ||||||
19 | auditing and accounting practices. In no case shall the | ||||||
20 | Agency conduct additional review of any plan which was | ||||||
21 | completed within the budget, beyond auditing for adherence | ||||||
22 | to the corrective action measures in the proposal. If the | ||||||
23 | Agency fails to approve the payment application within 60 | ||||||
24 | days, then the application shall be deemed approved by | ||||||
25 | operation of law and the Agency shall proceed to reimburse | ||||||
26 | the owner or operator the amount requested in the payment |
| |||||||
| |||||||
1 | application. If a full payment is not made within 30 days | ||||||
2 | of the date that the voucher is forwarded to the | ||||||
3 | Comptroller, then the Fund must pay the owner or operator | ||||||
4 | 2% interest per month on any unpaid amount until the owner | ||||||
5 | or operator is fully paid. | ||||||
6 | Except for interest accrued under this paragraph, in | ||||||
7 | no event shall the Agency reimburse the owner or operator | ||||||
8 | an amount greater than the amount approved in the plan. | ||||||
9 | If the balance in the Underground Storage Tank Fund | ||||||
10 | falls below $10,000,000 for a period of 6 months, then the | ||||||
11 | 2% percent monthly interest payments under this paragraph | ||||||
12 | shall be suspended until the Fund balance is above | ||||||
13 | $10,000,000.
| ||||||
14 | (3) In the case of insufficient funds, the Agency | ||||||
15 | shall form a priority
list for payment and shall notify
| ||||||
16 | persons in such
priority list monthly of the availability | ||||||
17 | of funds and when payment shall be
made. Payment shall be | ||||||
18 | made to the owner or operator at such time as
sufficient | ||||||
19 | funds become available for the costs associated with site
| ||||||
20 | investigation and corrective
action and costs expended for | ||||||
21 | activities performed where no proposal is
required, if | ||||||
22 | applicable. Such priority list shall be available to any | ||||||
23 | owner or
operator upon request. Priority for payment shall | ||||||
24 | be determined by the date the
Agency receives a complete | ||||||
25 | request for partial or final payment. Upon receipt
of | ||||||
26 | notification from the Agency that the requirements of this |
| |||||||
| |||||||
1 | Title have been
met, the Comptroller shall make payment to | ||||||
2 | the owner or operator of the amount
approved by the | ||||||
3 | Agency, if sufficient money exists in the Fund. If there | ||||||
4 | is
insufficient money in the Fund, then payment shall not | ||||||
5 | be made. If the owner
or operator appeals a final Agency | ||||||
6 | payment determination and it is determined
that the owner | ||||||
7 | or operator is eligible for payment or additional payment, | ||||||
8 | the
priority date for the payment or additional payment | ||||||
9 | shall be the same as the
priority date assigned to the | ||||||
10 | original request for partial or final payment.
| ||||||
11 | (4) Any deductible, as determined pursuant to the | ||||||
12 | Office of the State Fire
Marshal's eligibility and | ||||||
13 | deductibility final determination in accordance with
| ||||||
14 | Section 57.9, shall be subtracted from any payment invoice | ||||||
15 | paid to an eligible
owner or operator. Only one deductible | ||||||
16 | shall apply per underground storage
tank site.
| ||||||
17 | (5) In the event that costs are or will be incurred in | ||||||
18 | addition to those
approved by the Agency, or after | ||||||
19 | payment, the owner or operator may submit
successive plans | ||||||
20 | containing amended budgets. The requirements of Section | ||||||
21 | 57.7
shall apply to any amended plans.
| ||||||
22 | (6) For purposes of this Section, a complete | ||||||
23 | application shall consist of:
| ||||||
24 | (A) A certification from a Licensed Professional | ||||||
25 | Engineer or Licensed
Professional Geologist as | ||||||
26 | required
under this Title and acknowledged by the |
| |||||||
| |||||||
1 | owner or operator.
| ||||||
2 | (B) A statement of the amounts approved in the | ||||||
3 | budget and the amounts
actually sought for payment | ||||||
4 | along with a certified statement by the owner or
| ||||||
5 | operator that the amounts so
sought were expended in | ||||||
6 | conformance with the approved budget.
| ||||||
7 | (C) A copy of the Office of the State Fire | ||||||
8 | Marshal's eligibility and
deductibility determination.
| ||||||
9 | (D) Proof that approval of the payment requested | ||||||
10 | will not result in the
limitations set forth in | ||||||
11 | subsection (g) of this Section being exceeded.
| ||||||
12 | (E) A federal taxpayer identification number and | ||||||
13 | legal status disclosure
certification on a form | ||||||
14 | prescribed and provided by the Agency.
| ||||||
15 | (F) If the Agency determined under subsection | ||||||
16 | (c)(3) of Section 57.7 of this Act that corrective | ||||||
17 | action must include a project labor agreement, a | ||||||
18 | certification from the owner or operator that the | ||||||
19 | corrective action was (i) performed under a project | ||||||
20 | labor agreement that meets the requirements of Section | ||||||
21 | 25 of the Project Labor Agreements Act and (ii) | ||||||
22 | implemented in a manner consistent with the terms and | ||||||
23 | conditions of the Project Labor Agreements Act and in | ||||||
24 | full compliance with all statutes, regulations, and | ||||||
25 | Executive Orders as required under that Act and the | ||||||
26 | Prevailing Wage Act. |
| |||||||
| |||||||
1 | (b) Commencement of site investigation or corrective | ||||||
2 | action upon
availability of funds.
The Board shall adopt | ||||||
3 | regulations setting forth procedures based on risk to
human | ||||||
4 | health or the environment under which the owner or operator | ||||||
5 | who has
received approval for any budget plan submitted | ||||||
6 | pursuant to Section
57.7, and who is eligible for payment from | ||||||
7 | the Underground Storage Tank Fund
pursuant to an Office of the | ||||||
8 | State Fire Marshal eligibility and deductibility
| ||||||
9 | determination, may elect to defer site investigation or | ||||||
10 | corrective action activities until funds are available
in
an | ||||||
11 | amount equal to the amount approved in the budget. The | ||||||
12 | regulations
shall establish criteria based on risk to human | ||||||
13 | health or the environment to be
used for determining on a | ||||||
14 | site-by-site basis whether deferral is appropriate.
The | ||||||
15 | regulations also shall establish the minimum investigatory | ||||||
16 | requirements for
determining whether the risk based criteria | ||||||
17 | are present at a site considering
deferral and procedures for | ||||||
18 | the notification of owners or operators of
insufficient funds, | ||||||
19 | Agency review of request for deferral, notification of
Agency | ||||||
20 | final decisions, returning deferred sites to active status, | ||||||
21 | and
earmarking of funds for payment.
| ||||||
22 | (c) When the owner or operator requests indemnification | ||||||
23 | for payment of costs
incurred as a result of a release of | ||||||
24 | petroleum from an underground storage
tank, if the owner or | ||||||
25 | operator has satisfied the requirements of subsection (a)
of | ||||||
26 | this Section, the Agency shall forward a copy of the request to |
| |||||||
| |||||||
1 | the Attorney
General. The Attorney General shall review and | ||||||
2 | approve the request for
indemnification if:
| ||||||
3 | (1) there is a legally enforceable judgment entered | ||||||
4 | against the owner or
operator and such judgment was | ||||||
5 | entered due to harm caused by a release of
petroleum from | ||||||
6 | an underground storage tank and such judgment was not | ||||||
7 | entered as
a result of fraud; or
| ||||||
8 | (2) a settlement with a third party due to a release of | ||||||
9 | petroleum from an
underground storage tank is reasonable.
| ||||||
10 | (d) Notwithstanding any other provision of this Title, the | ||||||
11 | Agency shall not
approve payment to an owner or operator from | ||||||
12 | the Fund for costs of corrective
action or indemnification | ||||||
13 | incurred during a calendar year in excess of the
following | ||||||
14 | aggregate amounts based on the number of petroleum underground
| ||||||
15 | storage tanks owned or operated by such owner or operator in | ||||||
16 | Illinois.
| ||||||
17 | Amount Number of Tanks
| ||||||
18 | $2,000,000 ........................fewer than 101
| ||||||
19 | $3,000,000 ................................101 or more
| ||||||
20 | (1) Costs incurred in excess of the aggregate amounts | ||||||
21 | set forth in
paragraph (1) of this subsection shall not be | ||||||
22 | eligible for payment in
subsequent years.
| ||||||
23 | (2) For purposes of this subsection, requests | ||||||
24 | submitted by any of the
agencies, departments, boards, | ||||||
25 | committees or commissions of the State of
Illinois shall | ||||||
26 | be acted upon as claims from a single owner or operator.
|
| |||||||
| |||||||
1 | (3) For purposes of this subsection, owner or operator | ||||||
2 | includes (i) any
subsidiary, parent, or joint stock | ||||||
3 | company of the owner or operator and (ii)
any company | ||||||
4 | owned by any parent, subsidiary, or joint stock company of | ||||||
5 | the
owner or operator.
| ||||||
6 | (e) Costs of corrective action or indemnification incurred | ||||||
7 | by an owner or
operator which have been paid to an owner or | ||||||
8 | operator under a policy of
insurance, another written | ||||||
9 | agreement, or a court order are not eligible for
payment under | ||||||
10 | this Section. An owner or operator who receives payment under | ||||||
11 | a
policy of insurance, another written agreement, or a court | ||||||
12 | order shall
reimburse the State to the extent such payment | ||||||
13 | covers costs for which payment
was received from the Fund. Any | ||||||
14 | monies received by the State under this
subsection (e) shall | ||||||
15 | be deposited into the Fund.
| ||||||
16 | (f) (Blank.)
| ||||||
17 | (g) The Agency shall not approve any payment from the Fund | ||||||
18 | to pay an owner
or operator:
| ||||||
19 | (1) for costs of corrective action incurred by such | ||||||
20 | owner or operator
in an
amount in excess of $1,500,000 per | ||||||
21 | occurrence; and
| ||||||
22 | (2) for costs of indemnification of such owner or | ||||||
23 | operator in an amount in
excess of $1,500,000 per | ||||||
24 | occurrence.
| ||||||
25 | (h) Payment of any amount from the Fund for corrective | ||||||
26 | action or
indemnification shall be subject to the State |
| |||||||
| |||||||
1 | acquiring by subrogation the
rights of any owner, operator, or | ||||||
2 | other person to recover the costs of
corrective action or | ||||||
3 | indemnification for which the Fund has compensated such
owner, | ||||||
4 | operator, or person from the person responsible or liable for | ||||||
5 | the
release.
| ||||||
6 | (i) If the Agency refuses to pay or authorizes only
a | ||||||
7 | partial payment, the affected owner or operator may petition | ||||||
8 | the Board for a
hearing in the manner provided for the review | ||||||
9 | of permit decisions in Section 40
of this Act.
| ||||||
10 | (j) Costs of corrective action or indemnification incurred | ||||||
11 | by an owner or
operator prior to July 28, 1989, shall not be | ||||||
12 | eligible for payment or
reimbursement under this Section.
| ||||||
13 | (k) The Agency shall not pay costs of corrective action or
| ||||||
14 | indemnification incurred before providing notification of the | ||||||
15 | release of
petroleum in accordance with the provisions of this | ||||||
16 | Title.
| ||||||
17 | (l) Corrective action does not include legal defense | ||||||
18 | costs. Legal defense
costs include legal costs for seeking | ||||||
19 | payment under this Title unless the owner
or operator prevails | ||||||
20 | before the Board in which case the Board may authorize
payment | ||||||
21 | of legal fees.
| ||||||
22 | (m) The Agency may apportion payment of costs for plans | ||||||
23 | submitted under
Section 57.7 if:
| ||||||
24 | (1) the owner or operator was deemed eligible to | ||||||
25 | access the Fund for
payment of corrective action costs for | ||||||
26 | some, but not all, of the underground
storage tanks at the |
| |||||||
| |||||||
1 | site; and
| ||||||
2 | (2) the owner or operator failed to justify all costs | ||||||
3 | attributable to each
underground storage tank at the site.
| ||||||
4 | (n) The Agency shall not pay costs associated with a | ||||||
5 | corrective action
plan incurred after the Agency provides
| ||||||
6 | notification to the owner or operator pursuant to item (7) of | ||||||
7 | subsection (b) of
Section 57.7 that a revised corrective | ||||||
8 | action plan
is required. Costs associated with any | ||||||
9 | subsequently approved corrective action
plan shall be eligible | ||||||
10 | for reimbursement if they
meet the requirements of this Title.
| ||||||
11 | (Source: P.A. 98-109, eff. 7-25-13.)
| ||||||
12 | (415 ILCS 5/57.9)
| ||||||
13 | Sec. 57.9. Underground Storage Tank Fund; eligibility and | ||||||
14 | deductibility.
| ||||||
15 | (a) The Underground Storage Tank Fund shall be accessible | ||||||
16 | by owners and
operators who have a confirmed release from an | ||||||
17 | underground storage tank or
related tank system of a substance | ||||||
18 | listed in this Section. The owner or
operator is eligible to | ||||||
19 | access the Underground Storage Tank Fund if the
eligibility | ||||||
20 | requirements of this Title are satisfied and:
| ||||||
21 | (1) Neither the owner nor the operator is the United | ||||||
22 | States Government.
| ||||||
23 | (2) The tank does not contain fuel which is exempt | ||||||
24 | from the Motor Fuel Tax
Law.
| ||||||
25 | (3) The costs were incurred as a result of a confirmed |
| |||||||
| |||||||
1 | release of any of
the following substances:
| ||||||
2 | (A) "Fuel", as defined in Section 1.19 of the | ||||||
3 | Motor Fuel Tax Law.
| ||||||
4 | (B) Aviation fuel.
| ||||||
5 | (C) Heating oil.
| ||||||
6 | (D) Kerosene.
| ||||||
7 | (E) Used oil which has been refined from crude oil | ||||||
8 | used in a motor
vehicle, as defined in Section 1.3 of | ||||||
9 | the Motor Fuel Tax Law.
| ||||||
10 | (4) The owner or operator registered the tank and paid | ||||||
11 | all fees in
accordance with the statutory and regulatory | ||||||
12 | requirements of the Gasoline
Storage Act.
| ||||||
13 | (5) The owner or operator notified the Illinois | ||||||
14 | Emergency Management
Agency of a confirmed release, the | ||||||
15 | costs were incurred after the notification
and the costs | ||||||
16 | were a result of a release of a substance listed in this | ||||||
17 | Section.
Costs of corrective action or indemnification | ||||||
18 | incurred before providing that
notification shall not be | ||||||
19 | eligible for payment.
| ||||||
20 | (6) The costs have not already been paid to the owner | ||||||
21 | or operator under a
private insurance policy, other | ||||||
22 | written agreement, or court order.
| ||||||
23 | (7) The costs were associated with "corrective action" | ||||||
24 | of this Act.
| ||||||
25 | If the underground storage tank which experienced a | ||||||
26 | release of a substance
listed in this Section was |
| |||||||
| |||||||
1 | installed after July 28, 1989, the owner or operator
is | ||||||
2 | eligible to access the Underground Storage Tank Fund if it | ||||||
3 | is demonstrated
to the Office of the State Fire Marshal | ||||||
4 | the tank was installed and operated in
accordance with | ||||||
5 | Office of the State Fire Marshal regulatory requirements.
| ||||||
6 | Office of the State Fire Marshal certification is prima | ||||||
7 | facie evidence the tank
was installed pursuant to the | ||||||
8 | Office of the State Fire Marshal regulatory
requirements.
| ||||||
9 | (b) For releases reported prior to the effective date of | ||||||
10 | this amendatory Act of the 96th General Assembly, an owner or | ||||||
11 | operator may access the Underground Storage Tank Fund for
| ||||||
12 | costs associated with an Agency approved plan and the Agency | ||||||
13 | shall approve the
payment of costs associated with corrective | ||||||
14 | action after the
application of a $10,000 deductible, except | ||||||
15 | in the following situations:
| ||||||
16 | (1) A deductible of $100,000 shall apply when none of | ||||||
17 | the underground
storage tanks were registered prior to | ||||||
18 | July 28, 1989, except in the case of
underground storage | ||||||
19 | tanks used exclusively to store heating oil for | ||||||
20 | consumptive
use on the premises where stored and which | ||||||
21 | serve other than farms or
residential units, a deductible | ||||||
22 | of $100,000 shall apply when none of these
tanks were | ||||||
23 | registered prior to July 1, 1992.
| ||||||
24 | (2) A deductible of $50,000 shall apply if any of the | ||||||
25 | underground storage
tanks were registered prior to July | ||||||
26 | 28, 1989, and the State received notice of
the confirmed |
| |||||||
| |||||||
1 | release prior to July 28, 1989.
| ||||||
2 | (3) A deductible of $15,000 shall apply when one or | ||||||
3 | more, but not all, of
the underground storage tanks were | ||||||
4 | registered prior to July 28, 1989, and the
State received | ||||||
5 | notice of the confirmed release on or after July 28, 1989.
| ||||||
6 | For releases reported on or after the effective date of | ||||||
7 | this amendatory Act of the 96th General Assembly until the | ||||||
8 | effective date of this amendatory Act of the 102nd General | ||||||
9 | Assembly , an owner or operator may access the Underground | ||||||
10 | Storage Tank Fund for costs associated with an Agency approved | ||||||
11 | plan, and the Agency shall approve the payment of costs | ||||||
12 | associated with corrective action after the application of a | ||||||
13 | $5,000 deductible. | ||||||
14 | For a release reported on or after the effective date of | ||||||
15 | this amendatory Act of the 102nd General Assembly, an owner or | ||||||
16 | operator may access the Underground Storage Tank Fund for | ||||||
17 | costs associated with an Agency approved plan, and the Agency | ||||||
18 | shall approve the payment of costs associated with corrective | ||||||
19 | action without the application of a deductible, except a | ||||||
20 | $5,000 deductible shall apply to an owner or operator of an | ||||||
21 | underground storage tank that is not registered under the | ||||||
22 | Gasoline Storage Act. | ||||||
23 | A deductible shall apply annually for each site at which | ||||||
24 | costs were incurred
under a claim submitted pursuant to this | ||||||
25 | Title, except that if corrective
action in response to an | ||||||
26 | occurrence takes place over a period of more than one
year, in |
| |||||||
| |||||||
1 | subsequent years, no deductible shall apply for costs incurred | ||||||
2 | in
response to such occurrence.
| ||||||
3 | (c) Eligibility and deductibility determinations shall be | ||||||
4 | made by the Office
of the State Fire Marshal.
| ||||||
5 | (1) When an owner or operator reports a confirmed | ||||||
6 | release of a regulated
substance, the Office of the State | ||||||
7 | Fire Marshal shall provide the owner or
operator with an | ||||||
8 | "Eligibility and Deductibility Determination" form. The | ||||||
9 | form
shall either be provided on-site or within 15 days of | ||||||
10 | the Office of the State
Fire Marshal receipt of notice | ||||||
11 | indicating a confirmed release. The form shall
request | ||||||
12 | sufficient information to enable the Office of the State | ||||||
13 | Fire Marshal
to make a final determination as to owner or | ||||||
14 | operator eligibility
to access the Underground Storage | ||||||
15 | Tank Fund pursuant to this Title and the
appropriate | ||||||
16 | deductible. The form shall be promulgated as a rule or | ||||||
17 | regulation
pursuant to the Illinois Administrative | ||||||
18 | Procedure Act by the Office of
the State Fire Marshal. | ||||||
19 | Until such form is promulgated, the Office of State
Fire | ||||||
20 | Marshal shall use a form which generally conforms with | ||||||
21 | this Act.
| ||||||
22 | (2) Within 60 days of receipt of the "Eligibility and | ||||||
23 | Deductibility
Determination" form, the Office of the State | ||||||
24 | Fire Marshal shall issue one
letter enunciating the final | ||||||
25 | eligibility and deductibility determination, and
such | ||||||
26 | determination or failure to act within the time prescribed |
| |||||||
| |||||||
1 | shall be a
final decision appealable to the Illinois | ||||||
2 | Pollution Control Board.
| ||||||
3 | (Source: P.A. 96-908, eff. 6-8-10.)
| ||||||
4 | Section 99. Effective date. This Act takes effect January | ||||||
5 | 1, 2022.
|