Public Act 096-0908 Fact Sheet 3

$5K Deductible

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 217-524-3300 or toll-free 888/299-9533.

This fact sheet is for general information only and is not intended to replace, interpret, or modify laws, rules, or regulations.

August 2010