Full Text of SB2794 101st General Assembly
SB2794 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB2794 Introduced 2/4/2020, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED: |
| 415 ILCS 5/57.5 | | 415 ILCS 5/57.8 | | 415 ILCS 5/57.9 | |
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Amends the Environmental Protection Act. Provides that for an underground storage tank release reported on or after the effective date of the amendatory Act, an owner or operator may access the Underground Storage Tank Fund for costs associated with an Environmental Protection Agency approved plan, and the Agency shall approve the payment of costs associated with corrective action without the application of a deductible, except a $5,000 deductible shall apply to an owner or operator of an underground storage tank that is not registered under the Gasoline Storage Act. Makes changes, applicable to a release reported on or after the effective date, to provisions concerning payments from the Underground Storage Tank Fund for an application for payment from the Fund for an approved plan and budget for a tank that is registered under the Gasoline Storage Act. Provides that if a full payment is not made within specified periods for the applications for these registered tanks, then the Fund must pay the owner or operator 2% interest per month on any unpaid amount until the owner or operator is fully paid. Provides that if the balance in the Underground Storage Tank Fund falls below $10,000,000 for a period of 6 months, then the 2% percent monthly interest payments shall be suspended until the Fund balance is above $10,000,000. Makes other changes. Effective January 1, 2021.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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 |
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| 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 opinion | 5 | | as to
whether a release of petroleum has occurred and, if so, | 6 | | the owner or operator
shall report the known or suspected | 7 | | release to the Illinois Emergency
Management
Agency. The owner | 8 | | or operator shall determine whether or not a release has
| 9 | | occurred in conformance with the regulations adopted by the | 10 | | Board and the
Office
of the State Fire Marshal. Except that if | 11 | | the opinion of the Office of the
State Fire
Marshal inspector | 12 | | is that a release of petroleum has occurred and the owner or
| 13 | | operator has reported the release to the Illinois Emergency | 14 | | Management Agency
within 24 hours of removal of the tank, no | 15 | | such determination is required under
this
subsection. In the | 16 | | event the owner or
operator
confirms the presence of a release | 17 | | of petroleum,
the
owner or operator shall comply with Section | 18 | | 57.6. The inspector
shall provide the
owner or operator, or a | 19 | | designated agent, with an "Eligibility and
Deductibility | 20 | | Determination" form. The Office of the State Fire Marshal shall
| 21 | | provide on-site assistance to the owner or operator or a | 22 | | designated agent with
regard to the eligibility and | 23 | | deductibility procedures as provided in Section
57.9. If the | 24 | | Office of the State Fire Marshal is not on site, the Office of
| 25 | | the State Fire Marshal shall provide the owner or operator with | 26 | | an "Eligibility
and Deductibility Determination" form within |
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| 1 | | 15 days after receiving notice
that the confirmed release was | 2 | | 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 may | 5 | | elect to backfill the
preliminary excavation and proceed under | 6 | | 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 confirmed,
| 12 | | the owner or operator shall proceed to complete the removal
of | 13 | | the
underground storage tank, and when appropriate, dispose of | 14 | | the tank and
backfill the excavation or, in the alternate, | 15 | | abandon the underground storage
tank in place. Either option | 16 | | shall be in accordance with regulations adopted
by the Office | 17 | | of the State Fire Marshal. The owner or operator shall certify
| 18 | | to the Office of the State Fire Marshal that the tank removal | 19 | | or abandonment
was conducted in accordance with all applicable | 20 | | rules and regulations, and
the Office of the State Fire Marshal | 21 | | shall then issue a certificate of removal
or abandonment to the | 22 | | owner or operator.
If the Office of the State Fire Marshal | 23 | | fails to issue a certificate of
removal or abandonment within | 24 | | 30 days of receipt of the certification, the
certification | 25 | | shall be considered rejected by operation of law and a final
| 26 | | action appealable to the Board.
Nothing in this Title shall |
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| 1 | | prohibit the Office of the State Fire Marshal from
making an | 2 | | independent inspection of the site and challenging the veracity | 3 | | 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 storage | 10 | | tank except in
the case in which the Office of the State Fire | 11 | | Marshal has determined that a
release from the underground | 12 | | storage tank poses a current or potential threat
to human | 13 | | health and the environment. In that case, and upon receipt of | 14 | | an
order from the Office of the State Fire Marshal, the owner | 15 | | or operator of such
underground storage tank shall conduct | 16 | | removal and, if necessary, site
investigation and corrective
| 17 | | action in accordance with this Title and regulations | 18 | | promulgated by the Office
of State Fire Marshal and the Board.
| 19 | | (h) In the event that a release of petroleum occurred | 20 | | between September
13, 1993, and August 1, 1994, for which the | 21 | | Office of the State Fire Marshal
issued a certificate of | 22 | | removal or abandonment based on its determination of
"no | 23 | | release" or "minor release," and the Office of the State Fire | 24 | | Marshal
subsequently has rescinded that determination and | 25 | | required a report of a
confirmed release to the Illinois | 26 | | Emergency Management Agency, the owner or
operator may be |
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| 1 | | eligible for reimbursement for the costs of site
investigation | 2 | | and corrective action
incurred on or after the date of the | 3 | | release but prior to the notification of
the Illinois Emergency | 4 | | Management Agency. The date of the release shall be the
date of | 5 | | the initial inspection by the Office of the State Fire Marshal | 6 | | as
recorded in its inspection log. Eligibility and | 7 | | deductibility shall be
determined in accordance with this | 8 | | Title, the owner or operator must comply
with the provisions of | 9 | | this Act and its rules, and in no case shall the owner
or | 10 | | operator be reimbursed for costs exceeding the minimum | 11 | | requirements of this
Act and its rules.
| 12 | | (Source: P.A. 92-554, eff. 6-24-02.)
| 13 | | (415 ILCS 5/57.8)
| 14 | | Sec. 57.8. Underground Storage Tank Fund; payment; options | 15 | | for State payment;
deferred correction election to commence | 16 | | corrective action upon availability of
funds. If an owner or | 17 | | operator is eligible to access the Underground Storage
Tank | 18 | | Fund pursuant to an Office of State Fire Marshal | 19 | | eligibility/deductible
final determination letter issued in | 20 | | accordance with Section 57.9, the owner or
operator may submit | 21 | | a complete application for final or partial payment to the
| 22 | | Agency for activities taken in response to a confirmed release. | 23 | | An owner or
operator may submit a request for partial or final | 24 | | payment regarding a site no
more frequently than once every 90 | 25 | | days.
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| 1 | | (a) Payment after completion of corrective action | 2 | | measures.
The owner or operator may submit an application for | 3 | | payment for
activities performed at a site after completion of | 4 | | the requirements of Sections
57.6 and 57.7, or after completion | 5 | | of any other required activities at the
underground storage | 6 | | tank site.
| 7 | | (1) This paragraph applies to a release reported under | 8 | | Section 57.5 before the effective date of this amendatory | 9 | | Act of the 101st General Assembly. | 10 | | In the case of any approved plan and budget for which | 11 | | payment is
being sought, the Agency shall make a payment | 12 | | determination within 120 days of
receipt of the | 13 | | application. Such determination shall be considered a | 14 | | final
decision. The Agency's review shall be limited to | 15 | | generally accepted auditing
and accounting practices. In | 16 | | no case shall the Agency conduct additional
review of any | 17 | | plan which was completed within the budget, beyond auditing | 18 | | for
adherence to the corrective action measures in the | 19 | | proposal. If the Agency
fails to approve the payment | 20 | | application within 120 days, such application
shall be | 21 | | deemed approved by operation of law and the Agency shall | 22 | | proceed to
reimburse the owner or operator the amount | 23 | | requested in the payment
application. However, in no event | 24 | | shall the Agency reimburse the owner or
operator an amount | 25 | | greater than the amount approved in the plan.
| 26 | | (2) This paragraph applies to a release reported under |
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| 1 | | Section 57.5 before the effective date of this amendatory | 2 | | Act of the 101st General Assembly. If sufficient funds are | 3 | | available in the Underground Storage Tank
Fund, the Agency | 4 | | shall, within 60 days, forward to the Office of the State
| 5 | | Comptroller a voucher in the amount approved under the | 6 | | payment application.
| 7 | | (2.5) This paragraph applies to a release reported | 8 | | under Section 57.5 on or after the effective date of this | 9 | | amendatory Act of the 101st General Assembly. | 10 | | In the case of an application for an approved plan that | 11 | | is at or under a budget approved by the Agency for a tank | 12 | | registered under the Gasoline Storage Act, the Agency shall | 13 | | have 30 days from receipt of the application to make a | 14 | | payment determination and, if sufficient funds are | 15 | | available in the Underground Storage Tank Fund, to forward | 16 | | to the Office of the State Comptroller a voucher in the | 17 | | amount approved under the payment application. The | 18 | | determination shall be considered a final decision. The | 19 | | Agency's review shall be limited to generally accepted | 20 | | auditing and accounting practices. In no case shall the | 21 | | Agency conduct additional review of any plan which was | 22 | | completed within the budget, beyond auditing for adherence | 23 | | to the corrective action measures in the proposal. If the | 24 | | Agency fails to approve the payment application within 30 | 25 | | days, then the application shall be deemed approved by | 26 | | operation of law and the Agency shall proceed to reimburse |
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| 1 | | the owner or operator the amount requested in the payment | 2 | | application. If a full payment is not made within 30 days | 3 | | of receipt of the application, then the Fund must pay the | 4 | | owner or operator 2% interest per month on any unpaid | 5 | | amount until the owner or operator is fully paid. | 6 | | In the case of an application for an approved plan that | 7 | | is over a budget approved by the Agency for a tank that is | 8 | | registered under the Gasoline Storage Act, the Agency shall | 9 | | have 60 days from receipt of the application to make a | 10 | | payment determination and, if sufficient funds are | 11 | | available in the Underground Storage Tank Fund, 30 days | 12 | | from the date of the payment determination to forward to | 13 | | the Office of the State Comptroller a voucher in the amount | 14 | | approved under the payment application. The determination | 15 | | shall be considered a final decision. The Agency's review | 16 | | shall be limited to generally accepted auditing and | 17 | | accounting practices. In no case shall the Agency conduct | 18 | | additional review of any plan which was completed within | 19 | | the budget, beyond auditing for adherence to the corrective | 20 | | action measures in the proposal. If the Agency fails to | 21 | | approve the payment application within 60 days, then the | 22 | | application shall be deemed approved by operation of law | 23 | | and the Agency shall proceed to reimburse the owner or | 24 | | operator the amount requested in the payment application. | 25 | | If a full payment is not made within 30 days of the date | 26 | | that the voucher is forwarded to the Comptroller, then the |
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| 1 | | Fund must pay the owner or operator 2% interest per month | 2 | | on any unpaid amount until the owner or operator is fully | 3 | | paid. | 4 | | Except for interest accrued under this paragraph, in no | 5 | | event shall the Agency reimburse the owner or operator an | 6 | | amount greater than the amount approved in the plan. | 7 | | If the balance in the Underground Storage Tank Fund | 8 | | falls below $10,000,000 for a period of 6 months, then the | 9 | | 2% percent monthly interest payments under this paragraph | 10 | | shall be suspended until the Fund balance is above | 11 | | $10,000,000.
| 12 | | (3) In the case of insufficient funds, the Agency shall | 13 | | form a priority
list for payment and shall notify
persons | 14 | | in such
priority list monthly of the availability of funds | 15 | | and when payment shall be
made. Payment shall be made to | 16 | | the owner or operator at such time as
sufficient funds | 17 | | become available for the costs associated with site
| 18 | | investigation and corrective
action and costs expended for | 19 | | activities performed where no proposal is
required, if | 20 | | applicable. Such priority list shall be available to any | 21 | | owner or
operator upon request. Priority for payment shall | 22 | | be determined by the date the
Agency receives a complete | 23 | | request for partial or final payment. Upon receipt
of | 24 | | notification from the Agency that the requirements of this | 25 | | Title have been
met, the Comptroller shall make payment to | 26 | | the owner or operator of the amount
approved by the Agency, |
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| 1 | | if sufficient money exists in the Fund. If there is
| 2 | | insufficient money in the Fund, then payment shall not be | 3 | | made. If the owner
or operator appeals a final Agency | 4 | | payment determination and it is determined
that the owner | 5 | | or operator is eligible for payment or additional payment, | 6 | | the
priority date for the payment or additional payment | 7 | | shall be the same as the
priority date assigned to the | 8 | | original request for partial or final payment.
| 9 | | (4) Any deductible, as determined pursuant to the | 10 | | Office of the State Fire
Marshal's eligibility and | 11 | | deductibility final determination in accordance with
| 12 | | Section 57.9, shall be subtracted from any payment invoice | 13 | | paid to an eligible
owner or operator. Only one deductible | 14 | | shall apply per underground storage
tank site.
| 15 | | (5) In the event that costs are or will be incurred in | 16 | | addition to those
approved by the Agency, or after payment, | 17 | | the owner or operator may submit
successive plans | 18 | | containing amended budgets. The requirements of Section | 19 | | 57.7
shall apply to any amended plans.
| 20 | | (6) For purposes of this Section, a complete | 21 | | application shall consist of:
| 22 | | (A) A certification from a Licensed Professional | 23 | | Engineer or Licensed
Professional Geologist as | 24 | | required
under this Title and acknowledged by the owner | 25 | | or operator.
| 26 | | (B) A statement of the amounts approved in the |
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| 1 | | budget and the amounts
actually sought for payment | 2 | | along with a certified statement by the owner or
| 3 | | operator that the amounts so
sought were expended in | 4 | | conformance with the approved budget.
| 5 | | (C) A copy of the Office of the State Fire | 6 | | Marshal's eligibility and
deductibility determination.
| 7 | | (D) Proof that approval of the payment requested | 8 | | will not result in the
limitations set forth in | 9 | | subsection (g) of this Section being exceeded.
| 10 | | (E) A federal taxpayer identification number and | 11 | | legal status disclosure
certification on a form | 12 | | prescribed and provided by the Agency.
| 13 | | (F) If the Agency determined under subsection | 14 | | (c)(3) of Section 57.7 of this Act that corrective | 15 | | action must include a project labor agreement, a | 16 | | certification from the owner or operator that the | 17 | | corrective action was (i) performed under a project | 18 | | labor agreement that meets the requirements of Section | 19 | | 25 of the Project Labor Agreements Act and (ii) | 20 | | implemented in a manner consistent with the terms and | 21 | | conditions of the Project Labor Agreements Act and in | 22 | | full compliance with all statutes, regulations, and | 23 | | Executive Orders as required under that Act and the | 24 | | Prevailing Wage Act. | 25 | | (b) Commencement of site investigation or corrective | 26 | | action upon
availability of funds.
The Board shall adopt |
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| 1 | | regulations setting forth procedures based on risk to
human | 2 | | health or the environment under which the owner or operator who | 3 | | has
received approval for any budget plan submitted pursuant to | 4 | | Section
57.7, and who is eligible for payment from the | 5 | | Underground Storage Tank Fund
pursuant to an Office of the | 6 | | State Fire Marshal eligibility and deductibility
| 7 | | determination, may elect to defer site investigation or | 8 | | corrective action activities until funds are available
in
an | 9 | | amount equal to the amount approved in the budget. The | 10 | | regulations
shall establish criteria based on risk to human | 11 | | health or the environment to be
used for determining on a | 12 | | site-by-site basis whether deferral is appropriate.
The | 13 | | regulations also shall establish the minimum investigatory | 14 | | requirements for
determining whether the risk based criteria | 15 | | are present at a site considering
deferral and procedures for | 16 | | the notification of owners or operators of
insufficient funds, | 17 | | Agency review of request for deferral, notification of
Agency | 18 | | final decisions, returning deferred sites to active status, and
| 19 | | earmarking of funds for payment.
| 20 | | (c) When the owner or operator requests indemnification for | 21 | | payment of costs
incurred as a result of a release of petroleum | 22 | | from an underground storage
tank, if the owner or operator has | 23 | | satisfied the requirements of subsection (a)
of this Section, | 24 | | the Agency shall forward a copy of the request to the Attorney
| 25 | | General. The Attorney General shall review and approve the | 26 | | request for
indemnification if:
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| 1 | | (1) there is a legally enforceable judgment entered | 2 | | against the owner or
operator and such judgment was entered | 3 | | due to harm caused by a release of
petroleum from an | 4 | | underground storage tank and such judgment was not entered | 5 | | as
a result of fraud; or
| 6 | | (2) a settlement with a third party due to a release of | 7 | | petroleum from an
underground storage tank is reasonable.
| 8 | | (d) Notwithstanding any other provision of this Title, the | 9 | | Agency shall not
approve payment to an owner or operator from | 10 | | the Fund for costs of corrective
action or indemnification | 11 | | incurred during a calendar year in excess of the
following | 12 | | aggregate amounts based on the number of petroleum underground
| 13 | | storage tanks owned or operated by such owner or operator in | 14 | | Illinois.
| 15 | | Amount Number of Tanks
| 16 | | $2,000,000 ........................fewer than 101
| 17 | | $3,000,000 ................................101 or more
| 18 | | (1) Costs incurred in excess of the aggregate amounts | 19 | | set forth in
paragraph (1) of this subsection shall not be | 20 | | eligible for payment in
subsequent years.
| 21 | | (2) For purposes of this subsection, requests | 22 | | submitted by any of the
agencies, departments, boards, | 23 | | committees or commissions of the State of
Illinois shall be | 24 | | acted upon as claims from a single owner or operator.
| 25 | | (3) For purposes of this subsection, owner or operator | 26 | | includes (i) any
subsidiary, parent, or joint stock company |
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| 1 | | of the owner or operator and (ii)
any company owned by any | 2 | | parent, subsidiary, or joint stock company of the
owner or | 3 | | operator.
| 4 | | (e) Costs of corrective action or indemnification incurred | 5 | | by an owner or
operator which have been paid to an owner or | 6 | | operator under a policy of
insurance, another written | 7 | | agreement, or a court order are not eligible for
payment under | 8 | | this Section. An owner or operator who receives payment under a
| 9 | | policy of insurance, another written agreement, or a court | 10 | | order shall
reimburse the State to the extent such payment | 11 | | covers costs for which payment
was received from the Fund. Any | 12 | | monies received by the State under this
subsection (e) shall be | 13 | | deposited into the Fund.
| 14 | | (f) (Blank.)
| 15 | | (g) The Agency shall not approve any payment from the Fund | 16 | | to pay an owner
or operator:
| 17 | | (1) for costs of corrective action incurred by such | 18 | | owner or operator
in an
amount in excess of $1,500,000 per | 19 | | occurrence; and
| 20 | | (2) for costs of indemnification of such owner or | 21 | | operator in an amount in
excess of $1,500,000 per | 22 | | occurrence.
| 23 | | (h) Payment of any amount from the Fund for corrective | 24 | | action or
indemnification shall be subject to the State | 25 | | acquiring by subrogation the
rights of any owner, operator, or | 26 | | other person to recover the costs of
corrective action or |
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| 1 | | indemnification for which the Fund has compensated such
owner, | 2 | | operator, or person from the person responsible or liable for | 3 | | the
release.
| 4 | | (i) If the Agency refuses to pay or authorizes only
a | 5 | | partial payment, the affected owner or operator may petition | 6 | | the Board for a
hearing in the manner provided for the review | 7 | | of permit decisions in Section 40
of this Act.
| 8 | | (j) Costs of corrective action or indemnification incurred | 9 | | by an owner or
operator prior to July 28, 1989, shall not be | 10 | | eligible for payment or
reimbursement under this Section.
| 11 | | (k) The Agency shall not pay costs of corrective action or
| 12 | | indemnification incurred before providing notification of the | 13 | | release of
petroleum in accordance with the provisions of this | 14 | | Title.
| 15 | | (l) Corrective action does not include legal defense costs. | 16 | | Legal defense
costs include legal costs for seeking payment | 17 | | under this Title unless the owner
or operator prevails before | 18 | | the Board in which case the Board may authorize
payment of | 19 | | legal fees.
| 20 | | (m) The Agency may apportion payment of costs for plans | 21 | | submitted under
Section 57.7 if:
| 22 | | (1) the owner or operator was deemed eligible to access | 23 | | the Fund for
payment of corrective action costs for some, | 24 | | but not all, of the underground
storage tanks at the site; | 25 | | and
| 26 | | (2) the owner or operator failed to justify all costs |
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| 1 | | attributable to each
underground storage tank at the site.
| 2 | | (n) The Agency shall not pay costs associated with a | 3 | | corrective action
plan incurred after the Agency provides
| 4 | | notification to the owner or operator pursuant to item (7) of | 5 | | subsection (b) of
Section 57.7 that a revised corrective action | 6 | | plan
is required. Costs associated with any subsequently | 7 | | approved corrective action
plan shall be eligible for | 8 | | reimbursement if they
meet the requirements of this Title.
| 9 | | (Source: P.A. 98-109, eff. 7-25-13.)
| 10 | | (415 ILCS 5/57.9)
| 11 | | Sec. 57.9. Underground Storage Tank Fund; eligibility and | 12 | | deductibility.
| 13 | | (a) The Underground Storage Tank Fund shall be accessible | 14 | | by owners and
operators who have a confirmed release from an | 15 | | underground storage tank or
related tank system of a substance | 16 | | listed in this Section. The owner or
operator is eligible to | 17 | | access the Underground Storage Tank Fund if the
eligibility | 18 | | requirements of this Title are satisfied and:
| 19 | | (1) Neither the owner nor the operator is the United | 20 | | States Government.
| 21 | | (2) The tank does not contain fuel which is exempt from | 22 | | the Motor Fuel Tax
Law.
| 23 | | (3) The costs were incurred as a result of a confirmed | 24 | | release of any of
the following substances:
| 25 | | (A) "Fuel", as defined in Section 1.19 of the Motor |
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| 1 | | Fuel Tax Law.
| 2 | | (B) Aviation fuel.
| 3 | | (C) Heating oil.
| 4 | | (D) Kerosene.
| 5 | | (E) Used oil which has been refined from crude oil | 6 | | used in a motor
vehicle, as defined in Section 1.3 of | 7 | | the Motor Fuel Tax Law.
| 8 | | (4) The owner or operator registered the tank and paid | 9 | | all fees in
accordance with the statutory and regulatory | 10 | | requirements of the Gasoline
Storage Act.
| 11 | | (5) The owner or operator notified the Illinois | 12 | | Emergency Management
Agency of a confirmed release, the | 13 | | costs were incurred after the notification
and the costs | 14 | | were a result of a release of a substance listed in this | 15 | | Section.
Costs of corrective action or indemnification | 16 | | incurred before providing that
notification shall not be | 17 | | eligible for payment.
| 18 | | (6) The costs have not already been paid to the owner | 19 | | or operator under a
private insurance policy, other written | 20 | | agreement, or court order.
| 21 | | (7) The costs were associated with "corrective action" | 22 | | of this Act.
| 23 | | If the underground storage tank which experienced a | 24 | | release of a substance
listed in this Section was installed | 25 | | after July 28, 1989, the owner or operator
is eligible to | 26 | | access the Underground Storage Tank Fund if it is |
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| 1 | | demonstrated
to the Office of the State Fire Marshal the | 2 | | tank was installed and operated in
accordance with Office | 3 | | of the State Fire Marshal regulatory requirements.
Office | 4 | | of the State Fire Marshal certification is prima facie | 5 | | evidence the tank
was installed pursuant to the Office of | 6 | | the State Fire Marshal regulatory
requirements.
| 7 | | (b) For releases reported prior to the effective date of | 8 | | this amendatory Act of the 96th General Assembly, an owner or | 9 | | operator may access the Underground Storage Tank Fund for
costs | 10 | | associated with an Agency approved plan and the Agency shall | 11 | | approve the
payment of costs associated with corrective action | 12 | | after the
application of a $10,000 deductible, except in the | 13 | | following situations:
| 14 | | (1) A deductible of $100,000 shall apply when none of | 15 | | the underground
storage tanks were registered prior to July | 16 | | 28, 1989, except in the case of
underground storage tanks | 17 | | used exclusively to store heating oil for consumptive
use | 18 | | on the premises where stored and which serve other than | 19 | | farms or
residential units, a deductible of $100,000 shall | 20 | | apply when none of these
tanks were registered prior to | 21 | | July 1, 1992.
| 22 | | (2) A deductible of $50,000 shall apply if any of the | 23 | | underground storage
tanks were registered prior to July 28, | 24 | | 1989, and the State received notice of
the confirmed | 25 | | release prior to July 28, 1989.
| 26 | | (3) A deductible of $15,000 shall apply when one or |
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| 1 | | more, but not all, of
the underground storage tanks were | 2 | | registered prior to July 28, 1989, and the
State received | 3 | | notice of the confirmed release on or after July 28, 1989.
| 4 | | For releases reported on or after the effective date of | 5 | | this amendatory Act of the 96th General Assembly until the | 6 | | effective date of this amendatory Act of the 101st General | 7 | | Assembly , an owner or operator may access the Underground | 8 | | Storage Tank Fund for costs associated with an Agency approved | 9 | | plan, and the Agency shall approve the payment of costs | 10 | | associated with corrective action after the application of a | 11 | | $5,000 deductible. | 12 | | For a release reported on or after the effective date of | 13 | | this amendatory Act of the 101st General Assembly, an owner or | 14 | | operator may access the Underground Storage Tank Fund for costs | 15 | | associated with an Agency approved plan, and the Agency shall | 16 | | approve the payment of costs associated with corrective action | 17 | | without the application of a deductible, except a $5,000 | 18 | | deductible shall apply to an owner or operator of an | 19 | | underground storage tank that is not registered under the | 20 | | Gasoline Storage Act. | 21 | | A deductible shall apply annually for each site at which | 22 | | costs were incurred
under a claim submitted pursuant to this | 23 | | Title, except that if corrective
action in response to an | 24 | | occurrence takes place over a period of more than one
year, in | 25 | | subsequent years, no deductible shall apply for costs incurred | 26 | | in
response to such occurrence.
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| 1 | | (c) Eligibility and deductibility determinations shall be | 2 | | made by the Office
of the State Fire Marshal.
| 3 | | (1) When an owner or operator reports a confirmed | 4 | | release of a regulated
substance, the Office of the State | 5 | | Fire Marshal shall provide the owner or
operator with an | 6 | | "Eligibility and Deductibility Determination" form. The | 7 | | form
shall either be provided on-site or within 15 days of | 8 | | the Office of the State
Fire Marshal receipt of notice | 9 | | indicating a confirmed release. The form shall
request | 10 | | sufficient information to enable the Office of the State | 11 | | Fire Marshal
to make a final determination as to owner or | 12 | | operator eligibility
to access the Underground Storage | 13 | | Tank Fund pursuant to this Title and the
appropriate | 14 | | deductible. The form shall be promulgated as a rule or | 15 | | regulation
pursuant to the Illinois Administrative | 16 | | Procedure Act by the Office of
the State Fire Marshal. | 17 | | Until such form is promulgated, the Office of State
Fire | 18 | | Marshal shall use a form which generally conforms with this | 19 | | Act.
| 20 | | (2) Within 60 days of receipt of the "Eligibility and | 21 | | Deductibility
Determination" form, the Office of the State | 22 | | Fire Marshal shall issue one
letter enunciating the final | 23 | | eligibility and deductibility determination, and
such | 24 | | determination or failure to act within the time prescribed | 25 | | shall be a
final decision appealable to the Illinois | 26 | | Pollution Control Board.
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| 1 | | (Source: P.A. 96-908, eff. 6-8-10.)
| 2 | | Section 99. Effective date. This Act takes effect January | 3 | | 1, 2021.
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