Fact Sheet #2
Required Expanded Use of TACO
Leaking Underground Storage Tank Program
What elements of TACO does Senate Bill 3320/Public Act 096-0908 require to be used?
For the purpose of payment from the Underground Storage Tank (UST) Fund, corrective action activities
required to meet the minimum requirements of Title XVI shall include, but not be limited to, the
following use of the Tiered Approach to Corrective Action Objectives (TACO) rules adopted under
Title XVII of the Environmental Protection Act:
- For the site where the release occurred, the use of Tier 2 remediation objectives that are no more
stringent than Tier 1 remediation objectives.
- The use of industrial/commercial property remediation objectives, unless the owner or operator
demonstrates that the property being remediated is residential property or being developed into
residential property.
- The use of groundwater ordinances as institutional controls.
- The use of on-site groundwater use restrictions as institutional controls.
What documentation must be provided to demonstrate that the property being remediated is residential
or is being developed into residential property?
A tax bill, a lease agreement, or actual construction plans with building permit are among the
documents that may be used to demonstrate that a site is currently or will be developed into
residential property. Documentation showing that the property is zoned residential is not
sufficient to demonstrate that it is being used as residential property or being developed for
use as residential property.
Are the remediation objectives for the construction worker population considered part of the
industrial/commercial property remediation objectives?
Yes, construction worker remediation objectives are listed within the look-up table at
35 Ill. Adm. Code 742.Appendix B.Table B and are considered part of the industrial/commercial
property remediation objectives. Therefore, for purposes of payment from the UST Fund, if
the remediation objective for the construction worker population is less than the
industrial/commercial remediation objective (be it either Tier 1 for off-site properties or
Tier 2 for on-site property), payment from the UST Fund will be approved for eligible corrective
action costs to achieve compliance with such remediation objective.
If the highway authority refuses to enter into a highway authority agreement, will payment from the
UST Fund be approved for costs associated with remediation of soil contamination beneath the roadway?
Yes, payment from the UST Fund will be approved for eligible corrective action costs to achieve
compliance with the remediation objectives—including the soil component of the groundwater
ingestion exposure route—for said highway. However, in an effort to save UST Fund expenditures,
it is encouraged that the highway authority be approached and requested to sign a highway
authority agreement.
Does the required use of an on-site groundwater use restriction apply to off-site properties?
No, the required use of an on-site groundwater use restriction applies to the site where the
release occurred.
If groundwater contamination is measured or modeled off-site, can the property where the release
occurred be remediated to the extent that contamination will not measure or model off-site?
Such determinations are made on a case-by-case basis. Generally, in a non-ordinanced area,
on-site contamination may be remediated, and payment from the UST Fund approved for eligible
and reasonable costs of such remediation, to the extent that contamination will not measure
or model off-site. For purposes of payment from the UST Fund, an on-site groundwater use
restriction would be required for the property where the release occurred. In an ordinanced
area, payment from the UST Fund would not be approved for groundwater remediation, as the
groundwater ordinance (with notifications) must be used.
Who should I contact if I have questions?
You may contact the project manager on call in the Leaking UST Section by dialing 217/782-6762 or toll-free 888/299-9533
August 2010
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