Ill. Admin. Code tit. 41 § 178.120

Current through Register Vol. 48, No. 49, December 6, 2024

Section 178.120 - Deductible Amounts

a)For releases reported prior to June 8, 2010, an owner or operator may access the Underground Storage Tank Fund for costs associated with an Agency approved plan and the Agency shall approve the payment of costs associated with corrective action after the application of a $10,000 deductible, except in the following situations:

1)A deductible of $15,000 shall apply when one or more, but not all, of the underground storage tanks were registered prior to July 28, 1989, and the State received notice of the confirmed release on or after July 28, 1989.

2)A deductible of $50,000 shall apply if any of the underground storage tanks were registered prior to July 28, 1989, and the State received notice of the confirmed release prior to July 28, 1989.

3)A deductible of $100,000 shall apply when none of the underground storage tanks were registered prior to July 28, 1989, except in the case of underground storage tanks used exclusively to store heating oil for consumptive use on the premises where stored and which serve other than farms or residential units, a deductible of $100,000 shall apply when none of these tanks were registered prior to July 1, 1992. [415 ILCS 5/57.9(b) ]

b)For releases reported on or after June 8, 2010, an owner or operator may access the Underground Storage Tank Fund for costs associated with an Agency approved plan, and the Agency shall approve the payment of costs associated with corrective action after the application of a $5,000 deductible. [415 ILCS 5/57.9(b) ]

c)A deductible shall apply annually for each site at which costs were incurred under a claim submitted pursuant to Title XVI of the Illinois Environmental Protection Act, except that if corrective action in response to an occurrence takes place over a period of more than one year, in subsequent years, no deductible shall apply for costs incurred in response to such occurrence. [415 ILCS 5/57.9(b) ]

Ill. Admin. Code tit. 41, § 178.120

Adopted at 47 Ill. Reg. 6977, effective 5/2/2023.