June 21, 2010

By James A. Vroman

On June 8, 2010, Illinois Governor Pat Quinn signed into law Public Act 096-0908, which amended the Illinois Environmental Protection Act's "Leaking Underground Storage Tank" program.   The amendments to the LUST program included an expanded incorporation of the Tiered Approach to Corrective Action Objectives ("TACO") into the LUST program, a reduction of the deductible to $5000 to qualify for reimbursement under the program, and new bidding requirements an owner of a LUST must follow to qualify for program.  The amendments also implemented measures to stabilize the funding for the LUST program, to provide funding for legacy LUST sites and to create opportunities for owners/operators, who had received No Further Remediation letters, to access the LUST fund in the event additional remediation measures had to be performed.