415 ILCS 5/57.8
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title XVI - Petroleum Underground Storage Tanks

Sec. 57.8. Underground Storage Tank Fund; payment; options for State payment;  deferred correction election to commence corrective action upon availability of  funds. If an owner or operator is eligible to access the Underground Storage  Tank Fund pursuant to an Office of State Fire Marshal eligibility/deductible  final determination letter issued in accordance with Section 57.9, the owner or  operator may submit a complete application for final or partial payment to the  Agency for activities taken in response to a confirmed release. An owner or  operator may submit a request for partial or final payment regarding a site no  more frequently than once every 90 days.(a) Payment after completion of corrective action  measures.  The owner or operator may submit an application for payment for  activities performed at a site after completion of the requirements of Sections  57.6 and 57.7, or after completion of any other required activities at the  underground storage tank site.(1) In the case of any approved plan and budget for     which payment is being sought, the Agency shall make a payment determination within 120 days of receipt of the application.  Such determination shall be considered a final decision.  The Agency's review shall be limited to generally accepted auditing and accounting practices.  In no case shall the Agency conduct additional review of any plan which was completed within the budget, beyond auditing for adherence to the corrective action measures in the proposal.  If the Agency fails to approve the payment application within 120 days, such application shall be deemed approved by operation of law and the Agency shall proceed to reimburse the owner or operator the amount requested in the payment application.  However, in no event shall the Agency reimburse the owner or operator an amount greater than the amount approved in the plan.(2) If sufficient funds are available in the     Underground Storage Tank Fund, the Agency shall, within 60 days, forward to the Office of the State Comptroller a voucher in the amount approved under the payment application.(3) In the case of insufficient funds, the Agency     shall form  a priority list for payment and shall notify persons in such priority list monthly of the availability of funds and when payment shall be made.  Payment shall be made to the owner or operator at such time as sufficient funds become available for the costs associated with site investigation and corrective action and costs expended for activities performed where no proposal is required, if applicable.  Such priority list shall be available to any owner or operator upon request. Priority for payment shall be determined by the date the Agency receives a complete request for partial or final payment.  Upon receipt of notification from the Agency that the requirements of this Title have been met, the Comptroller shall make payment to the owner or operator of the amount approved by the Agency, if sufficient money exists in the Fund.  If there is insufficient money in the Fund, then payment shall not be made.  If the owner or operator appeals a final Agency payment determination and it is determined that the owner or operator is eligible for payment or additional payment, the priority date for the payment or additional payment shall be the same as the priority date assigned to the original request for partial or final payment.(4) Any deductible, as determined pursuant to the     Office of the State Fire Marshal's eligibility and deductibility final determination in accordance with Section 57.9, shall be subtracted from any payment invoice paid to an eligible owner or operator.  Only one deductible shall apply per underground storage tank site.(5) In the event that costs are or will be incurred     in addition to those approved by the Agency, or after payment, the owner or operator may submit successive plans containing amended budgets.  The requirements of Section 57.7 shall apply to any amended plans.(6) For purposes of this Section, a complete     application shall consist of:(A) A certification from a Licensed Professional         Engineer or Licensed Professional Geologist as required under this Title and acknowledged by the owner or operator.(B) A statement of the amounts approved in the         budget and the amounts actually sought for payment along with a certified statement by the owner or operator that the amounts so sought were expended in conformance with the approved budget.(C) A copy of the Office of the State Fire         Marshal's eligibility and deductibility determination.(D) Proof that approval of the payment requested         will not result in the limitations set forth in subsection (g) of this Section being exceeded.(E) A federal taxpayer identification number and         legal status disclosure certification on a form prescribed and provided by the Agency.(F) If the Agency determined under subsection         (c)(3) of Section 57.7 of this Act that corrective action must include a project labor agreement, a certification from the owner or operator that the corrective action was (i) performed under a project labor agreement that meets the requirements of Section 25 of the Project Labor Agreements Act and (ii) implemented in a manner consistent with the terms and conditions of the Project Labor Agreements Act and in full compliance with all statutes, regulations, and Executive Orders as required under that Act and the Prevailing Wage Act.(b) Commencement of site investigation or corrective action upon  availability of funds.  The Board shall adopt regulations setting forth procedures based on risk to  human health or the environment under which the owner or operator who has  received approval for any budget plan submitted pursuant to Section  57.7, and who is eligible for payment from the Underground Storage Tank Fund  pursuant to an Office of the State Fire Marshal eligibility and deductibility  determination, may elect to defer site investigation or corrective action activities until funds are available  in  an amount equal to the amount approved in the budget.  The regulations  shall establish criteria based on risk to human health or the environment to be  used for determining on a site-by-site basis whether deferral is appropriate.  The regulations also shall establish the minimum investigatory requirements for  determining whether the risk based criteria are present at a site considering  deferral and procedures for the notification of owners or operators of  insufficient funds, Agency review of request for deferral, notification of  Agency final decisions, returning deferred sites to active status, and  earmarking of funds for payment.(c) When the owner or operator requests indemnification for payment of costs  incurred as a result of a release of petroleum from an underground storage  tank, if the owner or operator has satisfied the requirements of subsection (a)  of this Section, the Agency shall forward a copy of the request to the Attorney  General.  The Attorney General shall review and approve the request for  indemnification if:(1) there is a legally enforceable judgment entered     against the owner or operator and such judgment was entered due to harm caused by a release of petroleum from an underground storage tank and such judgment was not entered as a result of fraud; or(2) a settlement with a third party due to a release     of petroleum from an underground storage tank is reasonable.(d) Notwithstanding any other provision of this Title, the Agency shall not  approve payment to an owner or operator from the Fund for costs of corrective  action or indemnification incurred during a calendar year in excess of the  following aggregate amounts based on the number of petroleum underground  storage tanks owned or operated by such owner or operator in Illinois.AmountNumber of Tanks$2,000,000..............................fewer than 101$3,000,000.................................101 or more(1) Costs incurred in excess of the aggregate amounts     set forth in paragraph (1) of this subsection shall not be eligible for payment in subsequent years.(2) For purposes of this subsection, requests     submitted by any of the agencies, departments, boards, committees or commissions of the State of Illinois shall be acted upon as claims from a single owner or operator.(3) For purposes of this subsection, owner or     operator includes (i) any subsidiary, parent, or joint stock company of the owner or operator and (ii) any company owned by any parent, subsidiary, or joint stock company of the owner or operator.(e) Costs of corrective action or indemnification incurred by an owner or  operator which have been paid to an owner or operator under a policy of  insurance, another written agreement, or a court order are not eligible for  payment under this Section.  An owner or operator who receives payment under a  policy of insurance, another written agreement, or a court order shall  reimburse the State to the extent such payment covers costs for which payment  was received from the Fund.  Any monies received by the State under this  subsection (e) shall be deposited into the Fund.(f) (Blank.)(g) The Agency shall not approve any payment from the Fund to pay an owner  or operator:(1) for costs of corrective action incurred by such     owner or operator in an amount in excess of $1,500,000 per occurrence; and(2) for costs of indemnification of such owner or     operator in an amount in excess of $1,500,000 per occurrence.(h) Payment of any amount from the Fund for corrective action or  indemnification shall be subject to the State acquiring by subrogation the  rights of any owner, operator, or other person to recover the costs of  corrective action or indemnification for which the Fund has compensated such  owner, operator, or person from the person responsible or liable for the  release.(i) If the Agency refuses to pay or authorizes only  a partial payment, the affected owner or operator may petition the Board for a  hearing in the manner provided for the review of permit decisions in Section 40  of this Act.(j) Costs of corrective action or indemnification incurred by an owner or  operator prior to July 28, 1989, shall not be eligible for payment or  reimbursement under this Section.(k) The Agency shall not pay costs of corrective action or  indemnification incurred before providing notification of the release of  petroleum in accordance with the provisions of this Title.(l) Corrective action does not include legal defense costs.  Legal defense  costs include legal costs for seeking payment under this Title unless the owner  or operator prevails before the Board in which case the Board may authorize  payment of legal fees.(m) The Agency may apportion payment of costs for plans submitted under  Section 57.7 if:(1) the owner or operator was deemed eligible to     access the Fund for payment of corrective action costs for some, but not all, of the underground storage tanks at the site; and(2) the owner or operator failed to justify all costs     attributable to each underground storage tank at the site.(n) The Agency shall not pay costs associated with a corrective action  plan incurred after the Agency provides  notification to the owner or operator pursuant to item (7) of subsection (b) of  Section 57.7 that a revised corrective action plan  is required.  Costs associated with any subsequently approved corrective action  plan shall be eligible for reimbursement if they  meet the requirements of this Title.  (Source: P.A. 98-109, eff. 7-25-13.)