415 ILCS 5/57.5
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title XVI - Petroleum Underground Storage Tanks

Sec. 57.5.     Underground Storage Tanks; removal; repair; abandonment.(a) Notwithstanding the eligibility or the level of deductibility of an  owner or operator under the Underground Storage Tank Fund, any owner or  operator of an Underground Storage Tank may seek to remove or  abandon  such tank under the provisions of this Title.  In order to be reimbursed under  Section 57.8, the owner or operator must comply with the provisions of this  Title.  In no event will an owner or operator be reimbursed for any costs which  exceed the minimum requirements necessary to comply with this Title.(b) Removal or abandonment of an Underground Storage  Tank must be  carried out in accordance with regulations adopted by the Office of State Fire  Marshal.(c) The Office of the State Fire Marshal or a designated agent shall have an  inspector on site at the time of removal, abandonment, or such other times the  Office of State Fire Marshal deems appropriate.  At such time, the inspector  shall, upon preliminary excavation of the tank site, render an opinion as to  whether a release of petroleum has occurred and, if so, the owner or operator  shall report the known or suspected release to the Illinois Emergency  Management  Agency.  The owner or operator shall determine whether or not a release has  occurred in conformance with the regulations adopted by the Board and the  Office  of the State Fire Marshal. Except that if the opinion of the Office of the  State Fire  Marshal inspector is that a release of petroleum has occurred and the owner or  operator has reported the release to the Illinois Emergency Management Agency  within 24 hours of removal of the tank, no such determination is required under  this  subsection.  In the event the owner or  operator  confirms the presence of a release of petroleum,  the  owner or operator shall comply with Section 57.6.  The inspector  shall provide the  owner or operator, or a designated agent, with an "Eligibility and  Deductibility Determination" form.  The Office of the State Fire Marshal shall  provide on-site assistance to the owner or operator or a designated agent with  regard to the eligibility and deductibility procedures as provided in Section  57.9.  If the Office of the State Fire Marshal is not on site, the Office of  the State Fire Marshal shall provide the owner or operator with an "Eligibility  and Deductibility Determination" form within 15 days after receiving notice  that the confirmed release was reported by the owner or operator.(d) In the event that a release of petroleum is confirmed under subsection  (c) of this Section, the owner or operator may elect to backfill the  preliminary excavation and proceed under Section 57.6.(e) In the event that an Underground Storage Tank is found to be ineligible  for payment from the Underground Storage Tank Fund, the owner or operator shall  proceed under Sections 57.6 and 57.7.(f) In the event that no release of petroleum is confirmed,  the owner or operator shall proceed to complete the removal  of the  underground storage tank, and when appropriate, dispose of the tank and  backfill the excavation or, in the alternate, abandon the underground storage  tank in place.  Either option shall be in accordance with regulations adopted  by the Office of the State Fire Marshal.  The owner or operator shall certify  to the Office of the State Fire Marshal that the tank removal or abandonment  was conducted in accordance with all applicable rules and regulations, and  the Office of the State Fire Marshal shall then issue a certificate of removal  or abandonment to the owner or operator.  If the Office of the State Fire Marshal fails to issue a certificate of  removal or abandonment within 30 days of receipt of the certification, the  certification shall be considered rejected by operation of law and a final  action appealable to the Board.  Nothing in this Title shall prohibit the Office of the State Fire Marshal from  making an independent inspection of the site and challenging the veracity of  the owner or operator certification.(g) The owner or operator of an underground storage tank taken out of  operation before January 2, 1974, or an underground storage tank used  exclusively to store heating oil for consumptive use on the premises where  stored and which serves other than a farm or residential unit shall not be  required to remove or abandon in place such underground storage tank except in  the case in which the Office of the State Fire Marshal has determined that a  release from the underground storage tank poses a current or potential threat  to human health and the environment.  In that case, and upon receipt of an  order from the Office of the State Fire Marshal, the owner or operator of such  underground storage tank shall conduct removal and, if necessary, site  investigation and corrective  action in accordance with this Title and regulations promulgated by the Office  of State Fire Marshal and the Board.(h) In the event that a release of petroleum occurred between September  13, 1993, and August 1, 1994, for which the Office of the State Fire Marshal  issued a certificate of removal or abandonment based on its determination of  "no release" or "minor release," and the Office of the State Fire Marshal  subsequently has rescinded that determination and required a report of a  confirmed release to the Illinois Emergency Management Agency, the owner or  operator may be eligible for reimbursement for the costs of site  investigation and corrective action  incurred on or after the date of the release but prior to the notification of  the Illinois Emergency Management Agency.  The date of the release shall be the  date of the initial inspection by the Office of the State Fire Marshal as  recorded in its inspection log.  Eligibility and deductibility shall be  determined in accordance with this Title, the owner or operator must comply  with the provisions of this Act and its rules, and in no case shall the owner  or operator be reimbursed for costs exceeding the minimum requirements of this  Act and its rules.    (Source: P.A. 92-554, eff. 6-24-02.)