Off-Site Access Letter

Suggested Letter To Request Off-Site Access

[Date]                                                                      CERTIFIED MAIL

[Name of Property Owner]
[Address] 
[City, State Zip Code] 

Dear [Property Owner]: 

[Name of UST owner or operator], the underground storage tank (UST) owner or operator, is performing an environmental response action at [name and address of site (not a P.O. Box)]. The response action is being performed because [state the nature of the release]. The response action consists of [describe the nature of the response action]. 

Illinois petroleum UST regulations require that the UST owner or operator determine the extent of petroleum contamination caused by a UST system(s) release. Information currently in our possession indicates that petroleum contamination may have migrated onto your property.

Illinois petroleum UST regulations state, in part, that: 

1.  According to Section 57 of the Environmental Protection Act (Act), the UST owner or operator is legally responsible to remediate the contamination caused by the UST system release;
2.  If the property owner denies access to the UST owner or operator, the UST owner or operator may seek to gain entry by a court order pursuant to Section 22.2c of the Act; 
3.  In performing the requested investigation, the UST owner or operator will work so as to minimize any disruption on the property, will maintain, or its environmental consultant will maintain, appropriate insurance and will repair any damage caused by the investigation;
4.  If contamination results from a UST release by the UST owner or operator, the UST owner or operator will conduct all associated remediation at its own expense; and
5.  Threats to human health and the environment and diminished property value may result from failure to remediate contamination from the UST release. 

Therefore, [name of UST owner or operator] requests that access to your property be granted for the purpose of conducting an investigation to comply with Illinois petroleum UST regulations. Said investigation will, at a minimum, require the collection of soil and/or groundwater samples. We would appreciate a response within 30 days of receipt of this letter.

To learn more about [name of site], please contact either [name of consultant, address and phone number], or the Illinois Environmental Protection Agency (Illinois EPA), Leaking Underground Storage Tank Section project manager, [name of assigned project manager, address and phone number]. You may also obtain a copy of the complete Illinois EPA file regarding [name of site]. To do so, you must submit a written request with your signature to:

Illinois Environmental Protection Agency 
Bureau of Land - #24
Freedom of Information Act (FOIA) Officer
1021 North Grand Avenue East 
Post Office Box 19276
Springfield, IL 62794-9276 

When requesting a copy of the file, please reference the file heading shown below: 

[Illinois Inventory Number -- County] 
[City/Site Name]
[Site Address] 
[LUST Incident Number] 

Sincerely, 
[Name of UST owner or operator]