Proposed UST Cleanup Funding Legislation

by Paul French
Jun 7, 2017

Blog Photo_UST removal 3

Legacy UST Fund - House Bill 4583

State Representative, Mary Whiteford (R-80th District), recently introduced House Bill 4583, which would establish "The Legacy Underground Storage Tank Cleanup Program." The program is designed to encourage owners/operators to engage in cleanup activities at historic Leaking Underground Storage Tank (UST) release sites that do not otherwise qualify for reimbursement under the current UST Cleanup Fund. The program would allow eligible owners/operators to seek reimbursement of up to $50,000 for UST corrective action activities at facilities where a release occurred prior to December 30, 2014.

The funds to operate the new program would come from the Refined Petroleum Fund (RPF) - Public Act 390 of 2004, which generates $51 to $52 million annually from an environmental protection regulatory fee of 7/8th cent per gallon on all refined petroleum sold in the state. As amended by Public Act 416 of 2014, the first $20 million of revenues collected under the RFP will be used to fund the UST Cleanup Fund to reimburse owners and operators for corrective action at UST sites performed on or after December 30, 2014. The remainder of the revenue generated under the RPF is set aside for corrective actions conducted by the state, administrative costs and for other purposes. Approximately $38 million is currently available for use by the Legacy Underground Storage Tank Cleanup Program if enacted.

To be eligible for reimbursement for corrective actions costs under the Legacy UST Fund, an owner/operator must be able to demonstrate the following:
1. The release was discovered and reported prior to December 2014.
2. The release has not been closed pursuant to Part 213.
3. The refined petroleum UST systems at the site are currently in compliance with the registration requirements of Part 211.
4. The request does not include reimbursement for money that was reimbursed from any other source, including insurance policies.
5. The request for reimbursement is for corrective action performed on or after December 30, 2014.

The program would allow for reimbursement of 50 percent of the cost incurred for corrective action; the total amount of reimbursement would not exceed $50,000.

Envirologic will continue to share updates on this legislation.

House Bill 4583

For more information about the UST Corrective Action Fund, read our January 2017 blog -
Recent Amendment to Underground Storage Tank Corrective Action Fund.

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legacy underground storage tank  cleanup program  leaking underground storage tank  ust  lust  musta  hb 4583  corrective action 

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