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Full Text of HB5317

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HB5317 - 104th General Assembly

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HB5317 Enrolled
LRB104 19748 BDA 33198 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 Sections 57.1, 57.2, and 57.11 as follows:

6

(415 ILCS 5/57.1)
7

Sec. 57.1.
Applicability.
8

(a) An owner or operator of an underground storage tank
9
who meets the definition of this Title shall be required to
10
conduct tank removal, abandonment and repair, site
11
investigation, and corrective action in accordance with the
12
requirements of the Leaking Underground Storage Tank Program.
13

(b) An owner or operator of a heating oil tank as defined
14
by this Title may elect to perform tank removal, abandonment
15
or repair, site investigation, or corrective action, unless
16
the provisions of subsection (g) of Section 57.5 are
17
applicable.
18

(c) All owners or operators who conduct tank removal,
19
repair or abandonment, site investigation, or corrective
20
action may be eligible for the relief provided for under
21
Section 57.10 of this Title.
22

(d) The owners or operators, or both, of underground
23
storage tanks containing regulated substances other than

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LRB104 19748 BDA 33198 b
1
petroleum shall undertake corrective action in conformance
2
with regulations promulgated by the Illinois Pollution Control
3
Board.
4

(e) A municipality or county may, to the same extent as an
5
owner or operator, conduct tank removal, abandonment, site
6
investigation, and corrective action with respect to a
7
petroleum orphan underground storage tank. Such actions must
8
be conducted in accordance with the requirements of the
9
Leaking Underground Storage Tank Program, except that a
10
municipality or county does not have to elect to proceed as an
11
owner pursuant to Section 57.2 and the costs of such actions
12
shall be eligible for payment from the Underground Storage
13
Tank Fund pursuant to paragraph (5.5) of subsection (a) of
14
Section 57.11.

15
(Source: P.A. 92-554, eff. 6-24-02.)

16

(415 ILCS 5/57.2)
17

Sec. 57.2.
Definitions.
As used in this Title:
18

"Audit" means a systematic inspection or examination of
19
plans, reports, records, or documents to determine the
20
completeness and accuracy of the data and conclusions
21
contained therein.
22

"Bodily injury" means bodily injury, sickness, or disease
23
sustained by a person, including death at any time, resulting
24
from a release of petroleum from an underground storage tank.
25

"Release" means any spilling, leaking, emitting,

HB5317 Enrolled
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LRB104 19748 BDA 33198 b
1
discharging, escaping, leaching or disposing of petroleum from
2
an underground storage tank into groundwater, surface water or
3
subsurface soils.
4

"Fill material" means non-native or disturbed materials
5
used to bed and backfill around an underground storage tank.
6

"Fund" means the Underground Storage Tank Fund.
7

"Heating Oil" means petroleum that is No. 1, No. 2, No. 4 -
8
light, No. 4 - heavy, No. 5 - light, No. 5 - heavy or No. 6
9
technical grades of fuel oil; and other residual fuel oils
10
including Navy Special Fuel Oil and Bunker C.
11

"Indemnification" means indemnification of an owner or
12
operator for the amount of any judgment entered against the
13
owner or operator in a court of law, for the amount of any
14
final order or determination made against the owner or
15
operator by an agency of State government or any subdivision
16
thereof, or for the amount of any settlement entered into by
17
the owner or operator, if the judgment, order, determination,
18
or settlement arises out of bodily injury or property damage
19
suffered as a result of a release of petroleum from an
20
underground storage tank owned or operated by the owner or
21
operator.
22

"Corrective action" means activities associated with
23
compliance with the provisions of Sections 57.6 and 57.7 of
24
this Title.
25

"Occurrence" means an accident, including continuous or
26
repeated exposure to conditions, that results in a sudden or

HB5317 Enrolled
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LRB104 19748 BDA 33198 b
1
nonsudden release from an underground storage tank.
2

When used in connection with, or when otherwise relating
3
to, underground storage tanks, the terms "facility", "owner",
4
"operator", "underground storage tank", "(UST)", "petroleum"
5
and "regulated substance" shall have the meanings ascribed to
6
them in Subtitle I of the Hazardous and Solid Waste Amendments
7
of 1984 (P.L. 98-616), of the Resource Conservation and
8
Recovery Act of 1976 (P.L. 94-580); provided however that the
9
term "underground storage tank" shall also mean an underground
10
storage tank used exclusively to store heating oil for
11
consumptive use on the premises where stored and which serves
12
other than a farm or residential unit; provided further
13
however that the term "owner" shall also mean any person who
14
has submitted to the Agency a written election to proceed
15
under this Title and has acquired an ownership interest in a
16
site on which one or more registered tanks have been removed,
17
but on which corrective action has not yet resulted in the
18
issuance of a "no further remediation letter" by the Agency
19
pursuant to this Title.
20

"Licensed Professional Engineer" means a person,
21
corporation, or partnership licensed under the laws of the
22
State of Illinois to practice professional engineering.
23

"Licensed Professional Geologist" means a person licensed
24
under the laws of the State of Illinois to practice as a
25
professional geologist.
26

"Orphan underground storage tank" means an underground

HB5317 Enrolled
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1
storage tank that does not have an owner or operator subject to
2
the requirements of this Title.

3

"Site" means any single location, place, tract of land or
4
parcel of property including contiguous property not separated
5
by a public right-of-way.
6

"Site investigation" means activities associated with
7
compliance with the provisions of subsection (a) of Section
8
57.7.
9

"Property damage" means physical injury to, destruction
10
of, or contamination of tangible property, including all
11
resulting loss of use of that property; or loss of use of
12
tangible property that is not physically injured, destroyed,
13
or contaminated, but has been evacuated, withdrawn from use,
14
or rendered inaccessible because of a release of petroleum
15
from an underground storage tank.
16

"Class I Groundwater" means groundwater that meets the
17
Class I: Potable Resource Groundwater criteria set forth in
18
the Board regulations adopted pursuant to the Illinois
19
Groundwater Protection Act.
20

"Class III Groundwater" means groundwater that meets the
21
Class III: Special Resource Groundwater criteria set forth in
22
the Board regulations adopted pursuant to the Illinois
23
Groundwater Protection Act.
24
(Source: P.A. 94-274, eff. 1-1-06.)

25

(415 ILCS 5/57.11)

HB5317 Enrolled
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LRB104 19748 BDA 33198 b
1

Sec. 57.11.
Underground Storage Tank Fund; creation.
2

(a) There is hereby created in the State Treasury a
3
special fund to be known as the Underground Storage Tank Fund.
4
There shall be deposited into the Underground Storage Tank
5
Fund all moneys received by the Office of the State Fire
6
Marshal as fees for underground storage tanks under Sections 4
7
and 5 of the Gasoline Storage Act, fees pursuant to the Motor
8
Fuel Tax Law, and beginning July 1, 2013, payments pursuant to
9
the Use Tax Act, the Service Use Tax Act, the Service
10
Occupation Tax Act, and the Retailers' Occupation Tax Act. All
11
amounts held in the Underground Storage Tank Fund shall be
12
invested at interest by the State Treasurer. All income earned
13
from the investments shall be deposited into the Underground
14
Storage Tank Fund no less frequently than quarterly. In
15
addition to any other transfers that may be provided for by
16
law, beginning on July 1, 2018 and on the first day of each
17
month thereafter during fiscal years 2019 through 2026 only,
18
the State Comptroller shall direct and the State Treasurer
19
shall transfer an amount equal to 1/12 of $10,000,000 from the
20
Underground Storage Tank Fund to the General Revenue Fund.
21
Moneys in the Underground Storage Tank Fund, pursuant to
22
appropriation, may be used by the Agency and the Office of the
23
State Fire Marshal for the following purposes:
24

(1) To take action authorized under Section 57.12
and

25

to recover costs under Section 57.12.
26

(2) To assist in the reduction and mitigation of

HB5317 Enrolled
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LRB104 19748 BDA 33198 b
1

damage caused by leaks from underground storage tanks,
2

including, but not limited to, providing alternative water
3

supplies to persons whose drinking water has become
4

contaminated as a result of those leaks.
5

(3) To be used as a matching amount toward federal
6

assistance relative to the release of petroleum from
7

underground storage tanks.
8

(4) For the costs of administering activities of the
9

Agency and the Office of the State Fire Marshal relative
10

to the Underground Storage Tank Fund.
11

(5) For payment of costs of corrective action incurred
12

by and indemnification to
owners and
operators of
13

underground storage tanks as provided in this Title.
14

(5.5) For payment of costs incurred by municipalities
15

or counties pursuant to subsection (e) of Section 57.1.
16

Municipalities and counties shall be eligible for payment
17

under this paragraph to the same extent as owners and
18

operators under paragraph (5) of this subsection, except
19

that payment shall not be subject to underground storage
20

tank registration or fees, an eligibility determination,
21

or a deductible.

22

(6) For a total of 2 demonstration projects in amounts
23

in excess of a $10,000 deductible charge designed to
24

assess the viability of corrective action projects at
25

sites which have experienced contamination from petroleum
26

releases. Such demonstration projects shall be conducted

HB5317 Enrolled
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LRB104 19748 BDA 33198 b
1

in accordance with the provision of this Title.
2

(7) Subject to appropriation, moneys in the
3

Underground Storage Tank Fund may also be used by the
4

Department of Revenue for the costs of administering its
5

activities relative to the Fund and for refunds provided
6

for in Section 13a.8 of the Motor Fuel Tax Law.
7

(b) Moneys in the Underground Storage Tank Fund may,
8
pursuant to appropriation, be used by the Office of the State
9
Fire Marshal or the Agency to take whatever emergency action
10
is necessary or appropriate to assure that the public health
11
or safety is not threatened whenever there is a release or
12
substantial threat of a release of petroleum from an
13
underground storage tank and for the costs of administering
14
its activities relative to the Underground Storage Tank Fund.
15

(c) Beginning July 1, 1993, the Governor shall certify to
16
the State Comptroller and State Treasurer the monthly amount
17
necessary to pay debt service on State obligations issued
18
pursuant to Section 6 of the General Obligation Bond Act. On
19
the last day of each month, the Comptroller shall order
20
transferred and the Treasurer shall transfer from the
21
Underground Storage Tank Fund to the General Obligation Bond
22
Retirement and Interest Fund the amount certified by the
23
Governor, plus any cumulative deficiency in those transfers
24
for prior months.
25

(d) Except as provided in subsection (c) of this Section,
26
the Underground Storage Tank Fund is not subject to

HB5317 Enrolled
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LRB104 19748 BDA 33198 b
1
administrative charges authorized under Section 8h of the
2
State Finance Act that would in any way transfer any funds from
3
the Underground Storage Tank Fund into any other fund of the
4
State.
5

(e) Each fiscal year, subject to appropriation, the Agency
6
may commit up to $10,000,000 of the moneys in the Underground
7
Storage Tank Fund to the payment of corrective action costs
8
for legacy sites that meet one or more of the following
9
criteria as a result of the underground storage tank release:
10
(i) the presence of free product, (ii) contamination within a
11
regulated recharge area, a wellhead protection area, or the
12
setback zone of a potable water supply well, (iii)
13
contamination extending beyond the boundaries of the site
14
where the release occurred, or (iv) such other criteria as may
15
be adopted in Agency rules.
16

(1) Fund moneys committed under this subsection (e)
17

shall be held in the Fund for payment of the corrective
18

action costs for which the moneys were committed.
19

(2) The Agency may adopt rules governing the
20

commitment of Fund moneys under this subsection (e).
21

(3) This subsection (e) does not limit the use of Fund
22

moneys at legacy sites as otherwise provided under this
23

Title.
24

(4) For the purposes of this subsection (e), the term
25

"legacy site" means a site for which (i) an underground
26

storage tank release was reported prior to January 1,

HB5317 Enrolled
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LRB104 19748 BDA 33198 b
1

2005, (ii) the owner or operator has been determined
2

eligible to receive payment from the Fund for corrective
3

action costs, and (iii) the Agency did not receive any
4

applications for payment prior to January 1, 2010.
5

(f) Beginning July 1, 2013, if the amounts deposited into
6
the Fund from moneys received by the Office of the State Fire
7
Marshal as fees for underground storage tanks under Sections 4
8
and 5 of the Gasoline Storage Act and as fees pursuant to the
9
Motor Fuel Tax Law during a State fiscal year are sufficient to
10
pay all claims for payment by the fund received during that
11
State fiscal year, then the amount of any payments into the
12
fund pursuant to the Use Tax Act, the Service Use Tax Act, the
13
Service Occupation Tax Act, and the Retailers' Occupation Tax
14
Act during that State fiscal year shall be deposited as
15
follows: 75% thereof shall be paid into the State treasury and
16
25% shall be reserved in a special account and used only for
17
the transfer to the Common School Fund as part of the monthly
18
transfer from the General Revenue Fund in accordance with
19
Section 8a of the State Finance Act.
20
(Source: P.A. 103-8, eff. 6-7-23; 103-588, eff. 6-5-24; 104-2,
21
eff. 6-16-25.)

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