State of Illinois
2011 and 2012


Introduced 2/16/2012, by Rep. Donald L. Moffitt


415 ILCS 5/57.9

    Amends the Environmental Protection Act. Decreases by $80,000 the deductible that the owners and operators of certain leaking underground storage tanks must pay in order to have their corrective action costs paid from the Underground Storage Tank Fund. Provides that if an owner or operator has already paid the higher deductible, then it is entitled to seek reimbursement from the State for the difference between the higher and lower deductible. Also makes revisory changes. Effective immediately.

LRB097 18889 JDS 64127 b






HB5778LRB097 18889 JDS 64127 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Environmental Protection Act is amended by
5changing Section 57.9 as follows:
6    (415 ILCS 5/57.9)
7    Sec. 57.9. Underground Storage Tank Fund; eligibility and
9    (a) The Underground Storage Tank Fund shall be accessible
10by owners and operators who have a confirmed release from an
11underground storage tank or related tank system of a substance
12listed in this Section. The owner or operator is eligible to
13access the Underground Storage Tank Fund if the eligibility
14requirements 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 from
18    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 Motor
22        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 written
18    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 installed
23    after July 28, 1989, the owner or operator is eligible to
24    access the Underground Storage Tank Fund if it is
25    demonstrated to the Office of the State Fire Marshal the
26    tank was installed and operated in accordance with Office



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1    of the State Fire Marshal regulatory requirements. Office
2    of the State Fire Marshal certification is prima facie
3    evidence the tank was installed pursuant to the Office of
4    the State Fire Marshal regulatory requirements.
5    (b) For releases reported prior to June 8, 2010 (the
6effective date of Public Act 96-908) this amendatory Act of the
796th General Assembly, an owner or operator may access the
8Underground Storage Tank Fund for costs associated with an
9Agency approved plan and the Agency shall approve the payment
10of costs associated with corrective action after the
11application of a $10,000 deductible, except in the following
13        (1) A deductible of $100,000 shall apply when none of
14    the underground storage tanks were registered prior to July
15    28, 1989, except in the case of underground storage tanks
16    used exclusively to store heating oil for consumptive use
17    on the premises where stored and which serve other than
18    farms or residential units, a deductible of $100,000 shall
19    apply when none of these tanks were registered prior to
20    July 1, 1992, provided, however, that a deductible of
21    $20,000 shall apply in the circumstances covered under this
22    paragraph (1) if all of the following criteria are met: .
23            (A) the failure to timely register the underground
24        storage tank was not intentional and resulted from
25        inadvertence or excusable neglect;
26            (B) the remediation of the release from the



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1        underground storage tank is completed between January
2        1, 2011 and December 31, 2012; and
3            (C) the underground storage tank was registered
4        before January 1, 2012.
5        If any individual or entity has paid the previously
6    applicable $100,000 deductible, or any portion thereof
7    above $20,000, and meets the requirements of subparagraphs
8    (A) through (C) of this paragraph (1), then that individual
9    or entity shall be eligible to recover the amount paid
10    toward the deductible that is in excess of $20,000.
11        (2) A deductible of $50,000 shall apply if any of the
12    underground storage tanks were registered prior to July 28,
13    1989, and the State received notice of the confirmed
14    release prior to July 28, 1989.
15        (3) A deductible of $15,000 shall apply when one or
16    more, but not all, of the underground storage tanks were
17    registered prior to July 28, 1989, and the State received
18    notice of the confirmed release on or after July 28, 1989.
19    For releases reported on or after June 8, 2010 (the
20effective date of Public Act 96-908) this amendatory Act of the
2196th General Assembly, an owner or operator may access the
22Underground Storage Tank Fund for costs associated with an
23Agency approved plan, and the Agency shall approve the payment
24of costs associated with corrective action after the
25application of a $5,000 deductible.
26    A deductible shall apply annually for each site at which



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1costs were incurred under a claim submitted pursuant to this
2Title, except that if corrective action in response to an
3occurrence takes place over a period of more than one year, in
4subsequent years, no deductible shall apply for costs incurred
5in response to such occurrence.
6    (c) Eligibility and deductibility determinations shall be
7made by the Office of the State Fire Marshal.
8        (1) When an owner or operator reports a confirmed
9    release of a regulated substance, the Office of the State
10    Fire Marshal shall provide the owner or operator with an
11    "Eligibility and Deductibility Determination" form. The
12    form shall either be provided on-site or within 15 days of
13    the Office of the State Fire Marshal receipt of notice
14    indicating a confirmed release. The form shall request
15    sufficient information to enable the Office of the State
16    Fire Marshal to make a final determination as to owner or
17    operator eligibility to access the Underground Storage
18    Tank Fund pursuant to this Title and the appropriate
19    deductible. The form shall be promulgated as a rule or
20    regulation pursuant to the Illinois Administrative
21    Procedure Act by the Office of the State Fire Marshal.
22    Until such form is promulgated, the Office of State Fire
23    Marshal shall use a form which generally conforms with this
24    Act.
25        (2) Within 60 days of receipt of the "Eligibility and
26    Deductibility Determination" form, the Office of the State



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1    Fire Marshal shall issue one letter enunciating the final
2    eligibility and deductibility determination, and such
3    determination or failure to act within the time prescribed
4    shall be a final decision appealable to the Illinois
5    Pollution Control Board.
6(Source: P.A. 96-908, eff. 6-8-10.)
7    Section 99. Effective date. This Act takes effect upon
8becoming law.