OLD UNDERGROUND STORAGE TANKS

Illinois General Assembly - Full Text of HB4941

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Full Text of HB4941

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HB4941 - 104th General Assembly

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HB4941 Enrolled
LRB104 19217 BDA 32662 b
1

AN ACT concerning safety.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Environmental Protection Act is amended by
5
changing Section 57.9 as follows:

6

(415 ILCS 5/57.9)
7

Sec. 57.9.
Underground Storage Tank Fund; eligibility and
8
deductibility.
9

(a) The Underground Storage Tank Fund shall be accessible
10
by owners and operators who have a confirmed release from an
11
underground storage tank or related tank system of a substance
12
listed in this Section. The owner or operator is eligible to
13
access the Underground Storage Tank Fund if the eligibility
14
requirements of this Title are satisfied and:
15

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

States Government.
17

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

from the Motor Fuel Tax Law.
19

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

release of any of the following substances:
21

(A) "Fuel", as defined in Section 1.19 of the
22

Motor Fuel Tax Law.
23

(B) Aviation fuel.

HB4941 Enrolled
- 2 -
LRB104 19217 BDA 32662 b
1

(C) Heating oil.
2

(D) Kerosene.
3

(E) Used oil which has been refined from crude oil
4

used in a motor vehicle, as defined in Section 1.3 of
5

the Motor Fuel Tax Law.
6

(4) The owner or operator registered the tank and paid
7

all fees in accordance with the statutory and regulatory
8

requirements of the Gasoline Storage Act.
9

(5) The owner or operator notified the Illinois
10

Emergency Management Agency of a confirmed release, the
11

costs were incurred after the notification and the costs
12

were a result of a release of a substance listed in this
13

Section. Costs of corrective action or indemnification
14

incurred before providing that notification shall not be
15

eligible for payment.
16

(6) The costs have not already been paid to the owner
17

or operator under a private insurance policy, other
18

written agreement, or court order.
19

(7) The costs were associated with "corrective action"
20

of this Act.
21

If the underground storage tank which experienced a
22

release of a substance listed in this Section was
23

installed after July 28, 1989, the owner or operator is
24

eligible to access the Underground Storage Tank Fund if it
25

is demonstrated to the Office of the State Fire Marshal
26

the tank was installed and operated in accordance with

HB4941 Enrolled
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LRB104 19217 BDA 32662 b
1

Office of the State Fire Marshal regulatory requirements.
2

Office of the State Fire Marshal certification is prima
3

facie evidence the tank was installed pursuant to the
4

Office of the State Fire Marshal regulatory requirements.
5

(a-5) The Underground Storage Tank Fund shall be
6
accessible by owners and operators for eligible costs
7
associated with the removal of underground storage tanks
8
installed before January 1, 1976, including, but not limited
9
to, costs for removal of visibly contaminated fill material
10
within 4 feet of the outside dimensions of the tank, removal of
11
groundwater in the excavation that exhibits a sheen, and
12
sampling to determine whether a release from the tank has
13
occurred. The owner or operator is eligible to access the
14
Underground Storage Tank Fund if the eligibility requirements
15
of this Title are satisfied and:
16

(1) Neither the owner nor the operator is the United
17

States Government.
18

(2) The tank does not contain fuel which is exempt
19

from the Motor Fuel Tax Law.
20

(3) The costs were incurred as a result of removing an
21

underground storage tank installed before January 1, 1976
22

that contained any of the following substances:
23

(A) "Fuel", as defined in Section 1.19 of the
24

Motor Fuel Tax Law.
25

(B) Aviation fuel.
26

(C) Heating oil.

HB4941 Enrolled
- 4 -
LRB104 19217 BDA 32662 b
1

(D) Kerosene.
2

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

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

the Motor Fuel Tax Law.

5

(4) The owner or operator has obtained Agency approval
6

of a tank removal plan and budget prior to the tank's
7

removal.
8

(5) The costs have not already been paid to the owner
9

or operator under a private insurance policy, other
10

written agreement, or court order.

11

Costs paid under this subsection (a-5) shall be subject to
12
the application of a $5,000 deductible. Any deductible amounts
13
applied under this subsection (a-5) shall also apply toward
14
any deductible amount required under subsection (b) of this
15
Section so as to prevent the application of duplicate
16
deductibles. Any underground storage tank removal conducted
17
pursuant to this subsection (a-5) must comply with the
18
Gasoline Storage Act and related rules.
19

(b) For releases reported prior to June 8, 2010 (the
20
effective date of Public Act 96-908), an owner or operator may
21
access the Underground Storage Tank Fund for costs associated
22
with an Agency approved plan and the Agency shall approve the
23
payment of costs associated with corrective action after the
24
application of a $10,000 deductible, except in the following
25
situations:
26

(1) For costs incurred prior to the effective date of

HB4941 Enrolled
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LRB104 19217 BDA 32662 b
1

this amendatory Act of the 104th General Assembly, a
2

deductible of $100,000 shall apply when none of the
3

underground storage tanks were registered prior to July
4

28, 1989, except in the case of underground storage tanks
5

used exclusively to store heating oil for consumptive use
6

on the premises where stored and which serve other than
7

farms or residential units, a deductible of $100,000 shall
8

apply when none of these tanks were registered prior to
9

July 1, 1992.
10

(2) For costs incurred prior to the effective date of
11

this amendatory Act of the 104th General Assembly, a
12

deductible of $50,000 shall apply if any of the
13

underground storage tanks were registered prior to July
14

28, 1989, and the State received notice of the confirmed
15

release prior to July 28, 1989.
16

(3) For costs incurred prior to the effective date of
17

this amendatory Act of the 104th General Assembly, a
18

deductible of $15,000 shall apply when one or more, but
19

not all, of the underground storage tanks were registered
20

prior to July 28, 1989, and the State received notice of
21

the confirmed release on or after July 28, 1989.
22

In cases where paragraph (1), (2), or (3) of this
23
subsection applies, costs incurred after the effective date of
24
this amendatory Act shall be subject to the $10,000
25
deductible, which shall be reduced by any deductible amount
26
applied to costs incurred prior to the effective date of this

HB4941 Enrolled
- 6 -
LRB104 19217 BDA 32662 b
1
amendatory Act of the 104th General Assembly.
2

For releases reported on or after June 8, 2010 (the
3
effective date of Public Act 96-908), an owner or operator may
4
access the Underground Storage Tank Fund for costs associated
5
with an Agency approved plan, and the Agency shall approve the
6
payment of costs associated with corrective action after the
7
application of a $5,000 deductible
, subject to the
8
requirements of subsection (a-5) to prevent the application of
9
duplicate deductibles
.
10

A deductible shall apply annually for each site at which
11
costs were incurred under a claim submitted pursuant to this
12
Title, except that if corrective action in response to an
13
occurrence takes place over a period of more than one year, in
14
subsequent years, no deductible shall apply for costs incurred
15
in response to such occurrence.
16

(c) Eligibility and deductibility determinations shall be
17
made by the Office of the State Fire Marshal.
18

(1) When an owner or operator reports a confirmed
19

release of a regulated substance, the Office of the State
20

Fire Marshal shall provide the owner or operator with an
21

"Eligibility and Deductibility Determination" form. The
22

form shall either be provided on-site or within 15 days of
23

the Office of the State Fire Marshal receipt of notice
24

indicating a confirmed release. The form shall request
25

sufficient information to enable the Office of the State
26

Fire Marshal to make a final determination as to owner or

HB4941 Enrolled
- 7 -
LRB104 19217 BDA 32662 b
1

operator eligibility to access the Underground Storage
2

Tank Fund pursuant to this Title and the appropriate
3

deductible. The form shall be promulgated as a rule or
4

regulation pursuant to the Illinois Administrative
5

Procedure Act by the Office of the State Fire Marshal.
6

Until such form is promulgated, the Office of the State
7

Fire Marshal shall use a form which generally conforms
8

with this Act.
9

(2) Within 60 days of receipt of the "Eligibility and
10

Deductibility Determination" form, the Office of the State
11

Fire Marshal shall issue one letter enunciating the final
12

eligibility and deductibility determination, and such
13

determination or failure to act within the time prescribed
14

shall be a final decision appealable to the Illinois
15

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

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