Prior to 2006, any individual, partnership or corporation who bought a property in Illinois with an existing Leaking Underground Storage Tank (LUST) Incident would not be eligible to access the UST Fund to complete the clean-up of the site. Only the original owner/operator of the tanks and Incident were eligible.
Effective January 1, 2006, however, Illinois EPA amended its rules to allow new property owners this same access to the UST Fund. This rule change was intended to encourage redevelopment of brownfields and other potentially contaminated sites.
The State of Illinois maintains a UST Fund to help investigate and clean up eligible leaking tanks through the Illinois EPA’s LUST Program. Tank owners finance this UST Fund with a $0.003 per-gallon motor fuel tax and an $0.008 per-gallon environmental impact fee. Since its inception in 1989, this UST Fund has reimbursed tank owners more than $800 million in site investigation and clean-up costs.
Tank owners are assessed a deductible for each Incident ($5,000 / $10,000 / $15,000 / $50,000 / $100,000), depending on the date of tank registration and date of LUST Incident. Most site investigation and clean-up costs above that amount should be eligible for reimbursement from the UST Fund if activities are conducted in accordance with plans and budgets approved by the Illinois EPA.
If you have questions about how to transfer UST Fund eligibility to a new owner, contact Nancy Valenta at 773-486-2123 or nvalenta[at]gabenv.com.
More information about this new owner eligibility can be found on the IEPA’s Public Act 94-0274 webpage.
More information about how Gabriel can help you with LUST closure can be found on our LUST Services webpage.Tags: IEPA, tanks, UST Fund