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Fact Sheet
Leaking Underground Storage Tank Program
Responsibility and Liability Issues
As owner or operator of an underground storage tank (UST) system, what are my
responsibilities?
If you are the owner or operator of the UST system, you should have been
issued a permit for its installation, and, if not done already, you must
register it with the Illinois Office of the State Fire Marshal (OSFM). The OSFM
regulates the daily operation and maintenance of UST systems, including
oversight of UST removal. If you should ever choose to upgrade the tank,
remove the tank, or abandon it in place, you must contact the OSFM for a permit to do so.
You may contact the OSFM at 217-785-1020 with questions about permit
requirements for installation, upgrade, or removal; leak prevention or detection
requirements; financial responsibility requirements; or eligibility and deductible
determinations for the Illinois Underground Storage Tank Fund (UST Fund).
As owner or operator of a leaking UST, what are my responsibilities?
If a leak or spill occurs, the UST owner or operator, or its designated representative,
must notify the Illinois Emergency Management Agency (IEMA) within 24 hours
after the release. The IEMA then notifies the Illinois Environmental Protection Agency (Illinois EPA) of the
release, at which time the Illinois EPA’s Leaking UST Section begins oversight
of cleanup activities.
After reporting the release to the IEMA, you, as the UST owner or operator, must ensure
that immediate action is taken to prevent any further release of the substance into the
environment and to identify and mitigate fire, explosion, and vapor hazards. All other
environmental laws and regulations governing leaking UST systems (including further early
action requirements, reporting requirements, and investigative and corrective action requirements)
must be followed. Environmental laws and regulations can be found in the Environmental
Protection Act, Title XVI, Petroleum Underground Storage Tanks; and in Title 35,
Illinois Administrative Code, Subtitle G. These documents are available at
the Illinois Pollution Control Board’s Web site:
www.ipcb.state.il.us.
There are some UST systems that are excluded from these requirements (for example,
an UST system whose capacity is 110 gallons or less). For the list of exemptions,
please refer to the regulations, or contact the Illinois EPA’s Leaking Underground
Storage Tank Section at 217-782-6762.
As owner of the property with an UST, what is my liability if the tank leaks?
Under the UST regulations only, the property owner is not liable for corrective
action unless the property owner is also the owner or operator of the UST system.
Prior to January 1, 2006, the “owner” of an UST system in use on or after November 8, 1984,
was any person who owned
the UST system while it was still in service. In the case of any UST system in use
before November 8, 1984, but no longer in use on or after that date, the “owner”
was
any person who owned the UST system immediately before it was taken out of service.
Effective January 1, 2006, the "owner" definition was expanded to include any
person who has:
- submitted to the Illinois EPA a written
election to proceed under Title XVI of the
Environmental Protection Act, and
- acquired an ownership interest in a site on which one or more registered tanks have been
removed, but on which corrective action has not yet resulted in the issuance of a
"no further remediation letter" by the Illinois EPA pursuant to Title XVI of the
Environmental Protection Act.
The “operator” is the person having responsibility for the daily operation of the UST system,
including storage and dispensing of product.
Because of the complexity and variety of business arrangements, determination of UST
system owner or operator status in a particular instance is usually site-specific.
However, an entity purchasing a property with an UST system that is no longer in service
generally is not considered the owner or operator of the UST system. Therefore, the new
property owner would not be liable under UST regulations for cleanup of a release from the
UST system. This assumes that the new property owner or lessee was not involved in ownership
or operation of the UST system while it was in service and has not elected to
proceed as "owner" under the new definition.
Please be aware that, although the property owner is not liable insofar as the Leaking
UST rules apply, the property owner could potentially be cited in
a third-party lawsuit or under other provisions of the Environmental Protection Act if
contamination from the UST release migrates beyond the property boundary or poses a safety threat. Before
purchasing property with an UST system, you should consult a private attorney for advice
concerning the specific circumstances.
As owner of the property with an UST, or if I intend to purchase property with an UST,
will I receive payment from the UST Fund for costs if I should decide to clean up the site?
You would be eligible for payment from the UST Fund if you submit to the
Illinois EPA an Election To Proceed as "Owner" form and if the OSFM deems you
eligible as owner of the UST. The property owner is not eligible for
payment from the UST Fund unless also listed by
the OSFM as the owner or operator of the UST system. Only the owner or
operator of an UST system, as determined by the OSFM, can access the UST Fund and be
paid for costs to comply with the UST regulations.
If the UST system is still in the ground on a property that you already own or
intend to purchase, then you should contact the OSFM to determine whether you
meet the eligibility requirements for the UST Fund. The OSFM also determines the
deductible amount to be paid by the owner or operator of the UST system; the deductible
amount must be paid before any payment from the UST Fund will be made.
If you are the new property owner, or a prospective property owner, and the UST
system is still in the ground, you may want to inquire with the OSFM about
registering the UST system or transferring UST system registration to yourself
so you may be eligible to access the UST Fund for cleanup of existing
contamination as a result of a release from said UST system. You should be
prepared to tell the OSFM whether the UST system is
still in operation or provide the date the UST system was taken out of service. However—for
a property owner who is not technically the owner or operator of the UST system—before
registering the tank or transferring registration to yourself, please be advised to consider
the legal consequences of becoming the UST system owner or operator; in doing so, you would also become
subject to all UST regulations.
As owner of the property with an UST, although not technically the owner or operator of the UST
system, may I have the site cleaned up and receive a “clean” letter from the Illinois EPA?
As property owner, if you wish to voluntarily address any remaining contamination, or portion thereof, resulting from
a leak or spill from the UST system, you may participate in the Illinois EPA’s Site Remediation Program (SRP).
This program was developed to provide Illinois EPA guidance, assistance, and determinations of successful
completion for the voluntary conduct of remediation actions. The objectives of the program are, as follows:
- to provide Illinois EPA experience and assistance toward a timely, effective, and resource-efficient
cleanup of soil and/or groundwater contamination; and
- to provide proper conclusion of participation in the program, resulting in the issuance of either
a No Further Remediation Letter or a Release of Responsibility Letter by the Illinois EPA.
Participants in the program are required to reimburse the Illinois EPA for such services.
Additional information on the SRP can be obtained by contacting the project manager on call for the
SRP at 217-782-6761, or by visiting the Web site:
www.epa.state.il.us/land/site-remediation/index.html.
A property owner who elects to proceed as owner of the UST system may access the UST Fund for payment of
corrective action costs (after payment of the applicable deductible) and be issued a No Further
Remediation Letter by the Illinois EPA’s Leaking UST Program. Again, please be advised of the
responsibilities and liabilities that accompany such ownership.
Where can I get more information?
More information may also be obtained by contacting the project manager on call for the Leaking Underground Storage
Tank Section at 217-782-6762.
This fact sheet is for general information only and is not
intended to replace, interpret, or modify laws, rules, or regulations.
Revised June 2008
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