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).
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
- 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.