Fact Sheet #3
$5K Deductible
Leaking Underground Storage Tank Program
As a result of Senate Bill 3320/Public Act 096-0908, when is the deductible $5,000?
If a release of petroleum from an underground storage tank was reported on or after
June 8, 2010 (the effective date of Senate Bill 3320/Public Act 096-0908) and if the
owner or operator has been determined eligible to access the UST Fund, the UST owner or
operator may access the UST Fund for eligible corrective action costs after the application
of a $5,000 deductible. Otherwise, deductibles remain in effect as specified under previous
laws (see Illinois’ Underground Storage Tank Fund Guide).
If a release was reported prior to June 8, 2010, can a new release be reported and the $5,000
deductible be applied?
No, not for the previously reported release. If a new release is confirmed and reported to the
Illinois Emergency Management Agency on or after June 8, 2010, a new incident number will be
assigned, and, yes, the $5,000 deductible will be applied to eligible corrective action costs
associated with that incident. However, the previously determined deductible would still apply
to eligible corrective action costs for the previous incident.
If a new release is reported that is a re-reporting of the previous incident, the previously
determined deductible would be applied.
Does the $5,000 deductible apply to corrective action costs associated with a pre-1974 UST?
No, the $5,000 deductible does not apply to corrective action costs associated with a pre-1974
UST because the owner or operator of a pre-'74 UST cannot access the UST Fund for corrective
action costs. According to the Office of the State Fire Marshal, pre-'74 USTs are exempt from
registration, and owners or operators of such USTs are not eligible for payment from the UST Fund.
Does the $5,000 deductible apply to corrective action costs associated with a hazardous substance UST?
No, the $5,000 deductible does not apply to corrective action costs associated with a hazardous
substance UST because the owner or operator of a hazardous substance UST cannot access the UST
Fund for corrective action costs. According to the Office of the State Fire Marshal, it is
required that regulated hazardous substance USTs be registered with their office, but owners
or operators of such USTs are not eligible for payment from the UST Fund.
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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