The Underground Storage Tank Fund shall be accessible
by owners and operators who have a confirmed release from an underground
storage tank or related tank system of a substance listed in this Section. The
owner or operator is eligible to access the Underground Storage Tank
Fund for reimbursement of corrective action or indemnification costs
if the eligibility requirements of Title XVI of the Illinois
Environmental Protection Act are satisfied and:
a)
Neither the owner nor the operator
is the United States Government;
b)
The tank does not contain fuel
which is exempt from the Motor Fuel Tax Law [35 ILCS 505 ];
c)
The costs were incurred as a
result of a confirmed release of any of the following substances:
1)
"Fuel" as defined in Section 1.19
of the Motor Fuel Tax Law [35 ILCS
505/1.19 ] ;
2)
Aviation fuel;
3)
Heating oil;
4)
Kerosene; or
5)
Used oil which has been refined
from crude oil used in a motor vehicle, as defined in Section
1.3 of the Motor Fuel Tax
Law [
35 ILCS 505/1.3 ] ;
d)
The owner or operator
registered the tank and paid all fees in accordance with the statutory and
regulatory requirements of the Gasoline Storage Act [430 ILCS 15
];
e) The costs were incurred after
the owner or operator notified the Illinois Emergency Management Agency
of a confirmed release (costs of corrective action or
indemnification incurred before providing that notification shall not be
eligible for payment);
f)
The costs have not already been paid to the owner or operator under a
private insurance policy, other written agreement, or court order;
and
g)
The costs were
associated with corrective action as defined in Section
178.100. [
415 ILCS
5/57.9(a) ]
