Bill Text: IL SB4021 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Petroleum Underground Storage Tanks Title of the Environmental Protection Act. Provides that a municipality or county may, to the same extent as an owner or operator, conduct tank removal, abandonment, site investigation, and corrective action with respect to a petroleum orphan underground storage tank in accordance with the requirements of the Leaking Underground Storage Tank Program, except that a municipality or county does not have to elect to proceed as an owner and the costs shall be eligible for payment from the Underground Storage Tank Fund. Defines "orphan underground storage tank". Makes conforming and other changes in provisions regarding the Underground Storage Tank Fund.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2026-04-24 - Rule 3-9(a) / Re-referred to Assignments [SB4021 Detail]

Download: Illinois-2025-SB4021-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026SB4021 Introduced 2/6/2026, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED:
415 ILCS 5/57.1
415 ILCS 5/57.2
415 ILCS 5/57.11
Amends the Petroleum Underground Storage Tanks Title of the Environmental Protection Act. Provides that a municipality or county may, to the same extent as an owner or operator, conduct tank removal, abandonment, site investigation, and corrective action with respect to a petroleum orphan underground storage tank in accordance with the requirements of the Leaking Underground Storage Tank Program, except that a municipality or county does not have to elect to proceed as an owner and the costs shall be eligible for payment from the Underground Storage Tank Fund. Defines "orphan underground storage tank". Makes conforming and other changes in provisions regarding the Underground Storage Tank Fund.
LRB104 19749 BDA 33199 b
A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended by
changing Sections 57.1, 57.2, and 57.11 as follows:
(415 ILCS 5/57.1)
Sec. 57.1. Applicability.
(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.
(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
applicable.
(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.
(d) The owners or operators, or both, of underground
storage tanks containing regulated substances other than

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petroleum shall undertake corrective action in conformance
with regulations promulgated by the Illinois Pollution Control
Board.
(e) A municipality or county may, to the same extent as an
owner or operator, conduct tank removal, abandonment, site
investigation, and corrective action with respect to a
petroleum orphan underground storage tank. Such actions must
be conducted in accordance with the requirements of the
Leaking Underground Storage Tank Program, except that a
municipality or county does not have to elect to proceed as an
owner pursuant to Section 57.2 and the costs of such actions
shall be eligible for payment from the Underground Storage
Tank Fund pursuant to paragraph (5.5) of subsection (a) of
Section 57.11.
(Source: P.A. 92-554, eff. 6-24-02.)
(415 ILCS 5/57.2)
Sec. 57.2. Definitions. As used in this Title:
"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.
"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.
"Release" means any spilling, leaking, emitting,

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discharging, escaping, leaching or disposing of petroleum from
an underground storage tank into groundwater, surface water or
subsurface soils.
"Fill material" means non-native or disturbed materials
used to bed and backfill around an underground storage tank.
"Fund" means the Underground Storage Tank Fund.
"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.
"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 as a result of a release of petroleum from an
underground storage tank owned or operated by the owner or
operator.
"Corrective action" means activities associated with
compliance with the provisions of Sections 57.6 and 57.7 of
this Title.
"Occurrence" means an accident, including continuous or
repeated exposure to conditions, that results in a sudden or

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nonsudden release from an underground storage tank.
When 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 (P.L. 98-616), of the Resource Conservation and
Recovery Act of 1976 (P.L. 94-580); provided however that the
term "underground storage tank" shall also mean an underground
storage tank used exclusively to store heating oil for
consumptive use on the premises where stored and which serves
other than a farm or residential unit; provided further
however that the term "owner" shall also mean any person who
has submitted to the Agency a written election to proceed
under this Title and has acquired an ownership interest in a
site on which one or more registered tanks have been removed,
but on which corrective action has not yet resulted in the
issuance of a "no further remediation letter" by the Agency
pursuant to this Title.
"Licensed Professional Engineer" means a person,
corporation, or partnership licensed under the laws of the
State of Illinois to practice professional engineering.
"Licensed Professional Geologist" means a person licensed
under the laws of the State of Illinois to practice as a
professional geologist.
"Orphan underground storage tank" means an underground

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storage tank that does not have an owner or operator subject to
the requirements of this Title.
"Site" means any single location, place, tract of land or
parcel of property including contiguous property not separated
by a public right-of-way.
"Site investigation" means activities associated with
compliance with the provisions of subsection (a) of Section
57.7.
"Property damage" means physical injury to, destruction
of, or contamination of tangible property, including all
resulting loss of use of that property; or loss of use of
tangible property that is not physically injured, destroyed,
or contaminated, but has been evacuated, withdrawn from use,
or rendered inaccessible because of a release of petroleum
from an underground storage tank.
"Class I Groundwater" means groundwater that meets the
Class I: Potable Resource Groundwater criteria set forth in
the Board regulations adopted pursuant to the Illinois
Groundwater Protection Act.
"Class III Groundwater" means groundwater that meets the
Class III: Special Resource Groundwater criteria set forth in
the Board regulations adopted pursuant to the Illinois
Groundwater Protection Act.
(Source: P.A. 94-274, eff. 1-1-06.)
(415 ILCS 5/57.11)

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Sec. 57.11. Underground Storage Tank Fund; creation.
(a) There is hereby created in the State Treasury a
special fund to be known as the Underground Storage Tank Fund.
There shall be deposited into the Underground Storage Tank
Fund all moneys received by the Office of the State Fire
Marshal as fees for underground storage tanks under Sections 4
and 5 of the Gasoline Storage Act, fees pursuant to the Motor
Fuel Tax Law, and beginning July 1, 2013, payments pursuant to
the Use Tax Act, the Service Use Tax Act, the Service
Occupation Tax Act, and the Retailers' Occupation Tax Act. All
amounts held in the Underground Storage Tank Fund shall be
invested at interest by the State Treasurer. All income earned
from the investments shall be deposited into the Underground
Storage Tank Fund no less frequently than quarterly. In
addition to any other transfers that may be provided for by
law, beginning on July 1, 2018 and on the first day of each
month thereafter during fiscal years 2019 through 2026 only,
the State Comptroller shall direct and the State Treasurer
shall transfer an amount equal to 1/12 of $10,000,000 from the
Underground Storage Tank Fund to the General Revenue Fund.
Moneys in the Underground Storage Tank Fund, pursuant to
appropriation, may be used by the Agency and the Office of the
State Fire Marshal for the following purposes:
(1) To take action authorized under Section 57.12 and
to recover costs under Section 57.12.
(2) To assist in the reduction and mitigation of

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damage caused by leaks from underground storage tanks,
including, but not limited to, providing alternative water
supplies to persons whose drinking water has become
contaminated as a result of those leaks.
(3) To be used as a matching amount toward federal
assistance relative to the release of petroleum from
underground storage tanks.
(4) For the costs of administering activities of the
Agency and the Office of the State Fire Marshal relative
to the Underground Storage Tank Fund.
(5) For payment of costs of corrective action incurred
by and indemnification to owners and operators of
underground storage tanks as provided in this Title.
(5.5) For payment of costs incurred by municipalities
or counties pursuant to subsection (e) of Section 57.1.
Municipalities and counties shall be eligible for payment
under this subsection to the same extent as owners and
operators under paragraph (5) of this subsection, except
that payment shall not be subject to underground storage
tank registration or fees, an eligibility determination,
or a deductible.
(6) For a total of 2 demonstration projects in amounts
in excess of a $10,000 deductible charge designed to
assess the viability of corrective action projects at
sites which have experienced contamination from petroleum
releases. Such demonstration projects shall be conducted

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in accordance with the provision of this Title.
(7) Subject to appropriation, moneys in the
Underground Storage Tank Fund may also be used by the
Department of Revenue for the costs of administering its
activities relative to the Fund and for refunds provided
for in Section 13a.8 of the Motor Fuel Tax Law.
(b) Moneys in the Underground Storage Tank Fund may,
pursuant to appropriation, be used by the Office of the State
Fire Marshal or the Agency to take whatever emergency action
is necessary or appropriate to assure that the public health
or safety is not threatened whenever there is a release or
substantial threat of a release of petroleum from an
underground storage tank and for the costs of administering
its activities relative to the Underground Storage Tank Fund.
(c) Beginning July 1, 1993, the Governor shall certify to
the State Comptroller and State Treasurer the monthly amount
necessary to pay debt service on State obligations issued
pursuant to Section 6 of the General Obligation Bond Act. On
the last day of each month, the Comptroller shall order
transferred and the Treasurer shall transfer from the
Underground Storage Tank Fund to the General Obligation Bond
Retirement and Interest Fund the amount certified by the
Governor, plus any cumulative deficiency in those transfers
for prior months.
(d) Except as provided in subsection (c) of this Section,
the Underground Storage Tank Fund is not subject to

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administrative charges authorized under Section 8h of the
State Finance Act that would in any way transfer any funds from
the Underground Storage Tank Fund into any other fund of the
State.
(e) Each fiscal year, subject to appropriation, the Agency
may commit up to $10,000,000 of the moneys in the Underground
Storage Tank Fund to the payment of corrective action costs
for legacy sites that meet one or more of the following
criteria as a result of the underground storage tank release:
(i) the presence of free product, (ii) contamination within a
regulated recharge area, a wellhead protection area, or the
setback zone of a potable water supply well, (iii)
contamination extending beyond the boundaries of the site
where the release occurred, or (iv) such other criteria as may
be adopted in Agency rules.
(1) Fund moneys committed under this subsection (e)
shall be held in the Fund for payment of the corrective
action costs for which the moneys were committed.
(2) The Agency may adopt rules governing the
commitment of Fund moneys under this subsection (e).
(3) This subsection (e) does not limit the use of Fund
moneys at legacy sites as otherwise provided under this
Title.
(4) For the purposes of this subsection (e), the term
"legacy site" means a site for which (i) an underground
storage tank release was reported prior to January 1,

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2005, (ii) the owner or operator has been determined
eligible to receive payment from the Fund for corrective
action costs, and (iii) the Agency did not receive any
applications for payment prior to January 1, 2010.
(f) Beginning July 1, 2013, if the amounts deposited into
the Fund from moneys received by the Office of the State Fire
Marshal as fees for underground storage tanks under Sections 4
and 5 of the Gasoline Storage Act and as fees pursuant to the
Motor Fuel Tax Law during a State fiscal year are sufficient to
pay all claims for payment by the fund received during that
State fiscal year, then the amount of any payments into the
fund pursuant to the Use Tax Act, the Service Use Tax Act, the
Service Occupation Tax Act, and the Retailers' Occupation Tax
Act during that State fiscal year shall be deposited as
follows: 75% thereof shall be paid into the State treasury and
25% shall be reserved in a special account and used only for
the transfer to the Common School Fund as part of the monthly
transfer from the General Revenue Fund in accordance with
Section 8a of the State Finance Act.
(Source: P.A. 103-8, eff. 6-7-23; 103-588, eff. 6-5-24; 104-2,
eff. 6-16-25.)