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Tag Archive for LUST Fund

April 26th, 2017

IEPA Website Causes UST Fund Deductible Confusion

IMG_0260
Underground Storage Tank (UST) owners may be confused by the Illinois EPA’s (IEPA’s) website, which hasn’t been updated with current information regarding the UST Fund deductible.

In June 2010, IEPA lowered the deductible for all new eligible Leaking Underground Storage Tank (LUST) Incidents to $5,000. Prior to that change, deductibles range from $10,000 to $100,000 depending on the number of tanks and date of registration.

The Illinois EPA’s online UST Fund Guide correctly lists these deductibles, but the new $5,000 deductible for all LUST Incidents after June 2010 is hidden on a different fact page that is difficult to find on the new IEPA website (Leaking USTS – Publications & Regs – Public Act 096-0908 – Fact Sheet 3).

$5,000 Deductible Applies to All Incidents
Declared After June 8, 2010

The confusion about eligibility and high deductibles for some sites deterred many tank owners from cleaning up their LUST Incident and obtaining a No Further Remediation (NFR) letter from IEPA.  As a result, Illinois streamlined their deductible qualifications and reduced it to a more manageable $5,000.This change states that no matter what date an eligible petroleum tank was registered, any LUST Incidents declared after June 8, 2010 are subject to a $5,000 deductible.

Eligible tanks include releases of:

  • Fuel as defined in Section 1.19 of the Motor Fuel Tax Law
  • Aviation Fuel
  • Heating oil
  • Kerosene
  • Used oil that has been refined from crude oil used in a motor vehicle, as defined in Section 1.3 of the Motor Fuel Tax Law.
Other eligibility requirements do apply, as outlined on the EPA’s Tank Fund Guide website. For example, any tanks out of service prior to January 1, 1974 or residential heating oil tanks are not eligible for the Fund.

The UST Fund is available to help owners and operators clean up spills related to leaking tanks. It is funded by these same owner/operators as a per-gallon tax on all petroleum products purchased.
For more information about how to close a LUST Incident and access the UST Fund, contact Nancy Valenta at 773-486-2123 or nvalenta[at]gabenv.com.
July 21st, 2016

Illinois UST cleanup fund authorized in state budget

Cleanup funds are again available to help tank owners in Illinois investigate and cleanup contamination caused by leaking USTs (underground storage tanks)

The Illinois budget impasse had frozen the UST Fund since July 1, 2015.  Tank owners andIMG_0260 operators pay into this Fund with every gallon of petroleum product they purchase.  The Fund is then available to help investigate and cleanup any leaks or spills from these underground storage tanks.

Tank owners had continued to pay into this Fund while Illinois lawmakers failed to agree on a state budget, but the Illinois Comptroller lacked authority to issue checks from the Fund without a state budget.

The Illinois stopgap budget passed on June 30th re-authorizes payments from this cleanup fund to be issued, clearing the way for the Comptroller to send over $20 million to tank owners for currently approved reimbursement claims.  Cleanups in process should also have access to this fund, since the budget authorizes up to $60 million to be issued from the UST Fund.

If you have any questions about the UST Fund or the cleanup process, contact Nancy Valenta at 773-617-1046 or nvalenta{at}gabenv.com.