Requesting Off-Site Access

Suggested Letter Template to Request Off-Site Access

In conducting best efforts to obtain off-site access, a UST owner or operator must, at a minimum, send a letter by certified mail to the owner of any off-site property to which access is required to perform an environmental investigation.

The suggested template below is an example of a letter that contains the information such a letter must contain. This template is provided for information purposes only, and its use is not required at all sites. Owners or operators may propose to use another letter that satisfies the requirements of 35 Ill. Adm. Code 732.411(b).

The suggested template is provided only as a guide for owners or operators who must satisfy the requirements set forth in 35 Ill. Adm. Code 732.411(b). Use of the suggested template does not guarantee satisfaction of the requirements of 35 Ill. Adm. Code 732.411 or acceptance of the letter by the Illinois EPA. Each letter submitted to the Illinois EPA will be reviewed based upon the applicable regulations and site-specific circumstances. Letters other than this template may be acceptable as long as they are appropriate for the site and satisfy the requirements of 35 Ill. Adm. Code 732.411(b).

Suggested Letter To Request Off-Site Access

Suggested letter template for use by the underground storage tank owner or operator to satisfy the requirements of 35 Ill. Adm. Code 732.411(b):

CERTIFIED MAIL

[Date]

[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]