§178.110. Requirements for Eligibility

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)]