Title Xvi

(415 ILCS 5/Tit. XVI heading)\nTITLE XVI. PETROLEUM UNDERGROUND STORAGE TANKS\n(415 ILCS 5/57)\nSec. 57. Intent and purpose. This Title shall be known and may be cited as the Leaking Underground Storage Tank Program (LUST). The purpose of this Title is, in accordance with the requirements of the Hazardous and Solid Waste Amendments of 1984 of the Resource Conservation and Recovery Act of 1976 and in accordance with the State's interest in the protection of Illinois' land and water resources: (1) to adopt procedures for the remediation of underground storage tank sites due to the release of petroleum and other substances regulated under this Title from certain underground storage tanks or related tank systems; (2) to establish and provide procedures for a Leaking Underground Storage Tank Program which will oversee and review any remediation required for leaking underground storage tanks, and administer the Underground Storage Tank Fund; (3) to establish an Underground Storage Tank Fund intended to be a State fund by which persons who qualify for access to the Underground Storage Tank Fund may satisfy the financial responsibility requirements under applicable State law and

Tank Fund intended to be a State fund by which persons who qualify for access to the Underground Storage Tank Fund may satisfy the financial responsibility requirements under applicable State law and regulations; (4) to establish requirements for eligible owners and operators of underground storage tanks to seek payment for any costs associated with physical soil classification, groundwater investigation, site classification and corrective action from the Underground Storage Tank Fund; and (5) to audit and approve corrective action efforts performed by Licensed Professional Engineers.\n(Source: P.A. 91-357, eff. 7-29-99.)\n(415 ILCS 5/57.1)\nSec. 57.1. Applicability.\n(a) An owner or operator of an underground storage tank who meets the definition of this Title shall be required to conduct tank removal, abandonment and repair, site investigation, and corrective action in accordance with the requirements of the Leaking Underground Storage Tank Program.\n(b) An owner or operator of a heating oil tank as defined by this Title may elect to perform tank removal, abandonment or repair, site investigation, or corrective action, unless the provisions of subsection (g) of Section 57.5 are

ating oil tank as defined by this Title may elect to perform tank removal, abandonment or repair, site investigation, or corrective action, unless the provisions of subsection (g) of Section 57.5 are applicable.\n(c) All owners or operators who conduct tank removal, repair or abandonment, site investigation, or corrective action may be eligible for the relief provided for under Section 57.10 of this Title.\n(d) The owners or operators, or both, of underground storage tanks containing regulated substances other than petroleum shall undertake corrective action in conformance with regulations promulgated by the Illinois Pollution Control Board.\n(Source: P.A. 92-554, eff. 6-24-02.)\n(415 ILCS 5/57.2)\nSec. 57.2. Definitions. As used in this Title:\n'Audit' means a systematic inspection or examination of plans, reports, records, or documents to determine the completeness and accuracy of the data and conclusions contained therein.\n'Bodily injury' means bodily injury, sickness, or disease sustained by a person, including death at any time, resulting from a release of petroleum from an underground storage tank.\n'Release' means any spilling, leaking, emitting, discharging, escaping,

se sustained by a person, including death at any time, resulting from a release of petroleum from an underground storage tank.\n'Release' means any spilling, leaking, emitting, discharging, escaping, leaching or disposing of petroleum from an underground storage tank into groundwater, surface water or subsurface soils.\n'Fill material' means non-native or disturbed materials used to bed and backfill around an underground storage tank.\n'Fund' means the Underground Storage Tank Fund.\n'Heating Oil' means petroleum that is No. 1, No. 2, No. 4 - light, No. 4 - heavy, No. 5 - light, No. 5 - heavy or No. 6 technical grades of fuel oil; and other residual fuel oils including Navy Special Fuel Oil and Bunker C.\n'Indemnification' means indemnification of an owner or operator for the amount of any judgment entered against the owner or operator in a court of law, for the amount of any final order or determination made against the owner or operator by an agency of State government or any subdivision thereof, or for the amount of any settlement entered into by the owner or operator, if the judgment, order, determination, or settlement arises out of bodily injury or property damage suffered

vision thereof, or for the amount of any settlement entered into by the owner or operator, if the judgment, order, determination, or settlement arises out of bodily injury or property damage suffered as a result of a release of petroleum from an underground storage tank owned or operated by the owner or operator.\n'Corrective action' means activities associated with compliance with the provisions of Sections 57.6 and 57.7 of this Title.\n'Occurrence' means an accident, including continuous or repeated exposure to conditions, that results in a sudden or nonsudden release from an underground storage tank.\nWhen used in connection with, or when otherwise relating to, underground storage tanks, the terms 'facility', 'owner', 'operator', 'underground storage tank', '(UST)', 'petroleum' and 'regulated substance' shall have the meanings ascribed to them in Subtitle I of the Hazardous and Solid Waste Amendments of 1984