UNDERGROUND STORAGE TANKS

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3366

Introduced 2/4/2026, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:

415 ILCS 5/57.9

Amends the Environmental Protection Act. Provides that the
Underground Storage Tank Fund shall be accessible by owners and operators
who intend to remove underground storage tanks installed over 30 years
before removal if the eligibility requirements of specified provisions are
satisfied and (1) neither the owner nor the operator is the United States
Government; (2) the tank does not contain fuel which is exempt from the
Motor Fuel Tax Law; (3) the costs were incurred as a result of removing an
underground storage tank installed over 30 years prior to removal; (4) the
owner or operator registered the tank and paid all fees in accordance with
the statutory and regulatory requirements of the Gasoline Storage Act; (5)
the owner or operator notified the Illinois Environmental Protection
Agency and the Office of the State Fire Marshal of the owner's or
operator's intent to remove the underground storage tank; and (6) the
costs have not already been paid to the owner or operator under a private
insurance policy, other written agreement, or court order.
LRB104 19276 BDA 32722 b

A BILL FOR

SB3366
LRB104 19276 BDA 32722 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.

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LRB104 19276 BDA 32722 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

SB3366
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LRB104 19276 BDA 32722 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 who intend to remove
7
underground storage tanks installed over 30 years before
8
removal. The owner or operator is eligible to access the
9
Underground Storage Tank Fund if the eligibility requirements
10
of this Title are satisfied and:
11

(1) Neither the owner nor the operator is the
12

government of the United States.
13

(2) The tank does not contain fuel which is exempt
14

from the Motor Fuel Tax Law.
15

(3) The costs were incurred as a result of removing an
16

underground storage tank installed over 30 years prior to
17

removal.
18

(4) The owner or operator registered the tank and paid
19

all fees in accordance with the statutory and regulatory
20

requirements of the Gasoline Storage Act.
21

(5) The owner or operator notified the Illinois
22

Environmental Protection Agency and the Office of the
23

State Fire Marshal of the owner's or operator's intent to
24

remove the underground storage tank.
25

(6) The costs have not already been paid to the owner
26

or operator under a private insurance policy, other

SB3366
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LRB104 19276 BDA 32722 b
1

written agreement, or court order.

2

(b) For releases reported prior to 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 $10,000 deductible, except in the following
8
situations:
9

(1) For costs incurred prior to the effective date of
10

this amendatory Act of the 104th General Assembly, a
11

deductible of $100,000 shall apply when none of the
12

underground storage tanks were registered prior to July
13

28, 1989, except in the case of underground storage tanks
14

used exclusively to store heating oil for consumptive use
15

on the premises where stored and which serve other than
16

farms or residential units, a deductible of $100,000 shall
17

apply when none of these tanks were registered prior to
18

July 1, 1992.
19

(2) For costs incurred prior to the effective date of
20

this amendatory Act of the 104th General Assembly, a
21

deductible of $50,000 shall apply if any of the
22

underground storage tanks were registered prior to July
23

28, 1989, and the State received notice of the confirmed
24

release prior to July 28, 1989.
25

(3) For costs incurred prior to the effective date of
26

this amendatory Act of the 104th General Assembly, a

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LRB104 19276 BDA 32722 b
1

deductible of $15,000 shall apply when one or more, but
2

not all, of the underground storage tanks were registered
3

prior to July 28, 1989, and the State received notice of
4

the confirmed release on or after July 28, 1989.
5

In cases where paragraph (1), (2), or (3) of this
6
subsection applies, costs incurred after the effective date of
7
this amendatory Act shall be subject to the $10,000
8
deductible, which shall be reduced by any deductible amount
9
applied to costs incurred prior to the effective date of this
10
amendatory Act of the 104th General Assembly.
11

For releases reported on or after June 8, 2010 (the
12
effective date of Public Act 96-908), an owner or operator may
13
access the Underground Storage Tank Fund for costs associated
14
with an Agency approved plan, and the Agency shall approve the
15
payment of costs associated with corrective action after the
16
application of a $5,000 deductible.
17

For removal of underground storage tanks over 30 years
18
old, an owner or operator may access the Underground Storage
19
Tank Fund for costs associated with an Agency approved removal
20
plan, and the Agency shall approve the payment of costs
21
associated with the plan after the application of a $5,000
22
deducible.

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

SB3366
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LRB104 19276 BDA 32722 b
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
or notifies the Office of
7

the State Fire Marshal of the owner's or operator's
8

intention to remove an underground storage tank over 30
9

years old
, the Office of the State Fire Marshal shall
10

provide the owner or operator with an "Eligibility and
11

Deductibility Determination" form. The form shall either
12

be provided on-site or within 15 days of the Office of the
13

State Fire Marshal receipt of notice indicating a
14

confirmed release
or intention to remove an aged
15

underground storage tank
. The form shall request
16

sufficient information to enable the Office of the State
17

Fire Marshal to make a final determination as to owner or
18

operator eligibility to access the Underground Storage
19

Tank Fund pursuant to this Title and the appropriate
20

deductible. The form shall be promulgated as a rule or
21

regulation pursuant to the Illinois Administrative
22

Procedure Act by the Office of the State Fire Marshal.
23

Until such form is promulgated, the Office of the State
24

Fire Marshal shall use a form which generally conforms
25

with this Act.
26

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

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LRB104 19276 BDA 32722 b
1

Deductibility Determination" form, the Office of the State
2

Fire Marshal shall issue one letter enunciating the final
3

eligibility and deductibility determination, and such
4

determination or failure to act within the time prescribed
5

shall be a final decision appealable to the Illinois
6

Pollution Control Board.
7
(Source: P.A. 104-291, eff. 1-1-26; 104-417, eff. 8-15-25
.)

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