Illinois 2025-2026 Regular Session

Illinois House Bill HB3290 Compare Versions

Version 1 (Old)

Version 2 (New)

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2		-	HB3290 Engrossed LRB104 11355 BDA 21443 b
	1	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3290 Introduced , by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED: 415 ILCS 5/57.8415 ILCS 5/57.9 Amends the Environmental Protection Act. In a provision concerning the conditions for payment from the Underground Storage Tank Fund, provides that, in the case of any approved plan and budget for which payment is being sought, the Environmental Protection Agency shall make a payment determination within 120 days of receipt of both the complete application for payment and the report documenting completion of the activities approved in the plan, whichever is received later (rather than within 120 days after receipt of the application). Provides that, for underground storage tank releases reported before June 8, 2010, an owner or operator may access the Underground Storage Tank Fund for costs that are associated with an Agency-approved plan and that are incurred after the effective date of the amendatory Act after application of a $10,000 deductible (now, other deductibles are owed in some circumstances). Provides that the deductible shall be reduced by any deductible amount applied to costs incurred before the effective date of the amendatory Act. LRB104 11355 BDA 21443 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3290 Introduced , by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED: 415 ILCS 5/57.8415 ILCS 5/57.9 415 ILCS 5/57.8 415 ILCS 5/57.9 Amends the Environmental Protection Act. In a provision concerning the conditions for payment from the Underground Storage Tank Fund, provides that, in the case of any approved plan and budget for which payment is being sought, the Environmental Protection Agency shall make a payment determination within 120 days of receipt of both the complete application for payment and the report documenting completion of the activities approved in the plan, whichever is received later (rather than within 120 days after receipt of the application). Provides that, for underground storage tank releases reported before June 8, 2010, an owner or operator may access the Underground Storage Tank Fund for costs that are associated with an Agency-approved plan and that are incurred after the effective date of the amendatory Act after application of a $10,000 deductible (now, other deductibles are owed in some circumstances). Provides that the deductible shall be reduced by any deductible amount applied to costs incurred before the effective date of the amendatory Act. LRB104 11355 BDA 21443 b LRB104 11355 BDA 21443 b A BILL FOR
	2	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3290 Introduced , by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED:
	3	+	415 ILCS 5/57.8415 ILCS 5/57.9 415 ILCS 5/57.8 415 ILCS 5/57.9
	4	+	415 ILCS 5/57.8
	5	+	415 ILCS 5/57.9
	6	+	Amends the Environmental Protection Act. In a provision concerning the conditions for payment from the Underground Storage Tank Fund, provides that, in the case of any approved plan and budget for which payment is being sought, the Environmental Protection Agency shall make a payment determination within 120 days of receipt of both the complete application for payment and the report documenting completion of the activities approved in the plan, whichever is received later (rather than within 120 days after receipt of the application). Provides that, for underground storage tank releases reported before June 8, 2010, an owner or operator may access the Underground Storage Tank Fund for costs that are associated with an Agency-approved plan and that are incurred after the effective date of the amendatory Act after application of a $10,000 deductible (now, other deductibles are owed in some circumstances). Provides that the deductible shall be reduced by any deductible amount applied to costs incurred before the effective date of the amendatory Act.
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	9	+	A BILL FOR
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3	12		1 AN ACT concerning safety.
4	13		2 Be it enacted by the People of the State of Illinois,
5	14		3 represented in the General Assembly:
6	15		4 Section 5. The Environmental Protection Act is amended by
7	16		5 changing Sections 57.8 and 57.9 as follows:
8	17		6 (415 ILCS 5/57.8)
9	18		7 Sec. 57.8. Underground Storage Tank Fund; payment; options
10	19		8 for State payment; deferred correction election to commence
11	20		9 corrective action upon availability of funds. If an owner or
12	21		10 operator is eligible to access the Underground Storage Tank
13	22		11 Fund pursuant to an Office of State Fire Marshal
14	23		12 eligibility/deductible final determination letter issued in
15	24		13 accordance with Section 57.9, the owner or operator may submit
16	25		14 a complete application for final or partial payment to the
17	26		15 Agency for activities taken in response to a confirmed
18	27		16 release. An owner or operator may submit a request for partial
19	28		17 or final payment regarding a site no more frequently than once
20	29		18 every 90 days.
21	30		19 (a) Payment after completion of corrective action
22	31		20 measures. The owner or operator may submit an application for
23	32		21 payment for activities performed at a site after completion of
24	33		22 the requirements of Sections 57.6 and 57.7, or after
25	34		23 completion of any other required activities at the underground
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	38	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3290 Introduced , by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED:
	39	+	415 ILCS 5/57.8415 ILCS 5/57.9 415 ILCS 5/57.8 415 ILCS 5/57.9
	40	+	415 ILCS 5/57.8
	41	+	415 ILCS 5/57.9
	42	+	Amends the Environmental Protection Act. In a provision concerning the conditions for payment from the Underground Storage Tank Fund, provides that, in the case of any approved plan and budget for which payment is being sought, the Environmental Protection Agency shall make a payment determination within 120 days of receipt of both the complete application for payment and the report documenting completion of the activities approved in the plan, whichever is received later (rather than within 120 days after receipt of the application). Provides that, for underground storage tank releases reported before June 8, 2010, an owner or operator may access the Underground Storage Tank Fund for costs that are associated with an Agency-approved plan and that are incurred after the effective date of the amendatory Act after application of a $10,000 deductible (now, other deductibles are owed in some circumstances). Provides that the deductible shall be reduced by any deductible amount applied to costs incurred before the effective date of the amendatory Act.
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	45	+	A BILL FOR
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34	71		1 storage tank site.
35	72		2 (1) In the case of any approved plan and budget for
36	73		3 which payment is being sought, the Agency shall make a
37	74		4 payment determination within 120 days of receipt of both
38	75		5 the complete application for payment and the report
39	76		6 documenting completion of the activities approved in the
40	77		7 plan, whichever is received later. Such determination
41	78		8 shall be considered a final decision. The Agency's review
42	79		9 shall be limited to generally accepted auditing and
43	80		10 accounting practices. In no case shall the Agency conduct
44	81		11 additional review of any plan which was completed within
45	82		12 the budget, beyond auditing for adherence to the
46	83		13 corrective action measures in the proposal. If the Agency
47	84		14 fails to approve the payment application within 120 days,
48	85		15 such application shall be deemed approved by operation of
49	86		16 law and the Agency shall proceed to reimburse the owner or
50	87		17 operator the amount requested in the payment application.
51	88		18 However, in no event shall the Agency reimburse the owner
52	89		19 or operator an amount greater than the amount approved in
53	90		20 the plan.
54	91		21 (2) If sufficient funds are available in the
55	92		22 Underground Storage Tank Fund, the Agency shall, within 60
56	93		23 days, forward to the Office of the State Comptroller a
57	94		24 voucher in the amount approved under the payment
58	95		25 application.
59	96		26 (3) In the case of insufficient funds, the Agency
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70	107		1 shall form a priority list for payment and shall notify
71	108		2 persons in such priority list monthly of the availability
72	109		3 of funds and when payment shall be made. Payment shall be
73	110		4 made to the owner or operator at such time as sufficient
74	111		5 funds become available for the costs associated with site
75	112		6 investigation and corrective action and costs expended for
76	113		7 activities performed where no proposal is required, if
77	114		8 applicable. Such priority list shall be available to any
78	115		9 owner or operator upon request. Priority for payment shall
79	116		10 be determined by the date the Agency receives a complete
80	117		11 request for partial or final payment. Upon receipt of
81	118		12 notification from the Agency that the requirements of this
82	119		13 Title have been met, the Comptroller shall make payment to
83	120		14 the owner or operator of the amount approved by the
84	121		15 Agency, if sufficient money exists in the Fund. If there
85	122		16 is insufficient money in the Fund, then payment shall not
86	123		17 be made. If the owner or operator appeals a final Agency
87	124		18 payment determination and it is determined that the owner
88	125		19 or operator is eligible for payment or additional payment,
89	126		20 the priority date for the payment or additional payment
90	127		21 shall be the same as the priority date assigned to the
91	128		22 original request for partial or final payment.
92	129		23 (4) Any deductible, as determined pursuant to the
93	130		24 Office of the State Fire Marshal's eligibility and
94	131		25 deductibility final determination in accordance with
95	132		26 Section 57.9, shall be subtracted from any payment invoice
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106	143		1 paid to an eligible owner or operator. Only one deductible
107	144		2 shall apply per underground storage tank site.
108	145		3 (5) In the event that costs are or will be incurred in
109	146		4 addition to those approved by the Agency, or after
110	147		5 payment, the owner or operator may submit successive plans
111	148		6 containing amended budgets. The requirements of Section
112	149		7 57.7 shall apply to any amended plans.
113	150		8 (6) For purposes of this Section, a complete
114	151		9 application shall consist of:
115	152		10 (A) A certification from a Licensed Professional
116	153		11 Engineer or Licensed Professional Geologist as
117	154		12 required under this Title and acknowledged by the
118	155		13 owner or operator.
119	156		14 (B) A statement of the amounts approved in the
120	157		15 budget and the amounts actually sought for payment
121	158		16 along with a certified statement by the owner or
122	159		17 operator that the amounts so sought were expended in
123	160		18 conformance with the approved budget.
124	161		19 (C) A copy of the Office of the State Fire
125	162		20 Marshal's eligibility and deductibility determination.
126	163		21 (D) Proof that approval of the payment requested
127	164		22 will not result in the limitations set forth in
128	165		23 subsection (g) of this Section being exceeded.
129	166		24 (E) A federal taxpayer identification number and
130	167		25 legal status disclosure certification on a form
131	168		26 prescribed and provided by the Agency.
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142	179		1 (F) If the Agency determined under subsection
143	180		2 (c)(3) of Section 57.7 of this Act that corrective
144	181		3 action must include a project labor agreement, a
145	182		4 certification from the owner or operator that the
146	183		5 corrective action was (i) performed under a project
147	184		6 labor agreement that meets the requirements of Section
148	185		7 25 of the Project Labor Agreements Act and (ii)
149	186		8 implemented in a manner consistent with the terms and
150	187		9 conditions of the Project Labor Agreements Act and in
151	188		10 full compliance with all statutes, regulations, and
152	189		11 Executive Orders as required under that Act and the
153	190		12 Prevailing Wage Act.
154	191		13 (b) Commencement of site investigation or corrective
155	192		14 action upon availability of funds. The Board shall adopt
156	193		15 regulations setting forth procedures based on risk to human
157	194		16 health or the environment under which the owner or operator
158	195		17 who has received approval for any budget plan submitted
159	196		18 pursuant to Section 57.7, and who is eligible for payment from
160	197		19 the Underground Storage Tank Fund pursuant to an Office of the
161	198		20 State Fire Marshal eligibility and deductibility
162	199		21 determination, may elect to defer site investigation or
163	200		22 corrective action activities until funds are available in an
164	201		23 amount equal to the amount approved in the budget. The
165	202		24 regulations shall establish criteria based on risk to human
166	203		25 health or the environment to be used for determining on a
167	204		26 site-by-site basis whether deferral is appropriate. The
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178	215		1 regulations also shall establish the minimum investigatory
179	216		2 requirements for determining whether the risk based criteria
180	217		3 are present at a site considering deferral and procedures for
181	218		4 the notification of owners or operators of insufficient funds,
182	219		5 Agency review of request for deferral, notification of Agency
183	220		6 final decisions, returning deferred sites to active status,
184	221		7 and earmarking of funds for payment.
185	222		8 (c) When the owner or operator requests indemnification
186	223		9 for payment of costs incurred as a result of a release of
187	224		10 petroleum from an underground storage tank, if the owner or
188	225		11 operator has satisfied the requirements of subsection (a) of
189	226		12 this Section, the Agency shall forward a copy of the request to
190	227		13 the Attorney General. The Attorney General shall review and
191	228		14 approve the request for indemnification if:
192	229		15 (1) there is a legally enforceable judgment entered
193	230		16 against the owner or operator and such judgment was
194	231		17 entered due to harm caused by a release of petroleum from
195	232		18 an underground storage tank and such judgment was not
196	233		19 entered as a result of fraud; or
197	234		20 (2) a settlement with a third party due to a release of
198	235		21 petroleum from an underground storage tank is reasonable.
199	236		22 (d) (1) Notwithstanding any other provision of this Title,
200	237		23 the Agency shall not approve payment to an owner or operator
201	238		24 from the Fund for costs of corrective action or
202	239		25 indemnification incurred during a calendar year in excess of
203	240		26 the following aggregate amounts based on the number of
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214	251		1 petroleum underground storage tanks owned or operated by such
215	252		2 owner or operator in Illinois.
216	253		3 Amount Number of Tanks
217	254		4 $2,000,000........................fewer than 101
218	255		5 $3,000,000................................101 or more
219	256		6 (2) (1) Costs incurred in excess of the aggregate amounts
220	257		7 set forth in paragraph (1) of this subsection shall not be
221	258		8 eligible for payment in subsequent years.
222	259		9 (3) (2) For purposes of this subsection, requests
223	260		10 submitted by any of the agencies, departments, boards,
224	261		11 committees, or commissions of the State of Illinois shall be
225	262		12 acted upon as claims from a single owner or operator.
226	263		13 (4) (3) For purposes of this subsection, owner or operator
227	264		14 includes (i) any subsidiary, parent, or joint stock company of
228	265		15 the owner or operator and (ii) any company owned by any parent,
229	266		16 subsidiary, or joint stock company of the owner or operator.
230	267		17 (e) Costs of corrective action or indemnification incurred
231	268		18 by an owner or operator which have been paid to an owner or
232	269		19 operator under a policy of insurance, another written
233	270		20 agreement, or a court order are not eligible for payment under
234	271		21 this Section. An owner or operator who receives payment under
235	272		22 a policy of insurance, another written agreement, or a court
236	273		23 order shall reimburse the State to the extent such payment
237	274		24 covers costs for which payment was received from the Fund. Any
238	275		25 monies received by the State under this subsection (e) shall
239	276		26 be deposited into the Fund.
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250	287		1 (f) (Blank.).
251	288		2 (g) The Agency shall not approve any payment from the Fund
252	289		3 to pay an owner or operator:
253	290		4 (1) for costs of corrective action incurred by such
254	291		5 owner or operator in an amount in excess of $1,500,000 per
255	292		6 occurrence; and
256	293		7 (2) for costs of indemnification of such owner or
257	294		8 operator in an amount in excess of $1,500,000 per
258	295		9 occurrence.
259	296		10 (h) Payment of any amount from the Fund for corrective
260	297		11 action or indemnification shall be subject to the State
261	298		12 acquiring by subrogation the rights of any owner, operator, or
262	299		13 other person to recover the costs of corrective action or
263	300		14 indemnification for which the Fund has compensated such owner,
264	301		15 operator, or person from the person responsible or liable for
265	302		16 the release.
266	303		17 (i) If the Agency refuses to pay or authorizes only a
267	304		18 partial payment, the affected owner or operator may petition
268	305		19 the Board for a hearing in the manner provided for the review
269	306		20 of permit decisions in Section 40 of this Act.
270	307		21 (j) Costs of corrective action or indemnification incurred
271	308		22 by an owner or operator prior to July 28, 1989, shall not be
272	309		23 eligible for payment or reimbursement under this Section.
273	310		24 (k) The Agency shall not pay costs of corrective action or
274	311		25 indemnification incurred before providing notification of the
275	312		26 release of petroleum in accordance with the provisions of this
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286	323		1 Title.
287	324		2 (l) Corrective action does not include legal defense
288	325		3 costs. Legal defense costs include legal costs for seeking
289	326		4 payment under this Title unless the owner or operator prevails
290	327		5 before the Board in which case the Board may authorize payment
291	328		6 of legal fees.
292	329		7 (m) The Agency may apportion payment of costs for plans
293	330		8 submitted under Section 57.7 if:
294	331		9 (1) the owner or operator was deemed eligible to
295	332		10 access the Fund for payment of corrective action costs for
296	333		11 some, but not all, of the underground storage tanks at the
297	334		12 site; and
298	335		13 (2) the owner or operator failed to justify all costs
299	336		14 attributable to each underground storage tank at the site.
300	337		15 (n) The Agency shall not pay costs associated with a
301	338		16 corrective action plan incurred after the Agency provides
302	339		17 notification to the owner or operator pursuant to item (7) of
303	340		18 subsection (b) of Section 57.7 that a revised corrective
304	341		19 action plan is required. Costs associated with any
305	342		20 subsequently approved corrective action plan shall be eligible
306	343		21 for reimbursement if they meet the requirements of this Title.
307	344		22 (Source: P.A. 98-109, eff. 7-25-13; revised 7-30-24.)
308	345		23 (415 ILCS 5/57.9)
309	346		24 Sec. 57.9. Underground Storage Tank Fund; eligibility and
310	347		25 deductibility.
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321	358		1 (a) The Underground Storage Tank Fund shall be accessible
322	359		2 by owners and operators who have a confirmed release from an
323	360		3 underground storage tank or related tank system of a substance
324	361		4 listed in this Section. The owner or operator is eligible to
325	362		5 access the Underground Storage Tank Fund if the eligibility
326	363		6 requirements of this Title are satisfied and:
327	364		7 (1) Neither the owner nor the operator is the United
328	365		8 States Government.
329	366		9 (2) The tank does not contain fuel which is exempt
330	367		10 from the Motor Fuel Tax Law.
331	368		11 (3) The costs were incurred as a result of a confirmed
332	369		12 release of any of the following substances:
333	370		13 (A) "Fuel", as defined in Section 1.19 of the
334	371		14 Motor Fuel Tax Law.
335	372		15 (B) Aviation fuel.
336	373		16 (C) Heating oil.
337	374		17 (D) Kerosene.
338	375		18 (E) Used oil which has been refined from crude oil
339	376		19 used in a motor vehicle, as defined in Section 1.3 of
340	377		20 the Motor Fuel Tax Law.
341	378		21 (4) The owner or operator registered the tank and paid
342	379		22 all fees in accordance with the statutory and regulatory
343	380		23 requirements of the Gasoline Storage Act.
344	381		24 (5) The owner or operator notified the Illinois
345	382		25 Emergency Management Agency of a confirmed release, the
346	383		26 costs were incurred after the notification and the costs
347	384
348	385
349	386
350	387
351	388
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	389	+	HB3290 - 10 - LRB104 11355 BDA 21443 b
353	390
354	391
355		-	HB3290 ~~Engrossed~~- 11 -LRB104 11355 BDA 21443 b HB3290 ~~Engrossed~~ - 11 - LRB104 11355 BDA 21443 b
356		-	HB3290 ~~Engrossed~~ - 11 - LRB104 11355 BDA 21443 b
	392	+	HB3290- 11 -LRB104 11355 BDA 21443 b HB3290 - 11 - LRB104 11355 BDA 21443 b
	393	+	HB3290 - 11 - LRB104 11355 BDA 21443 b
357	394		1 were a result of a release of a substance listed in this
358	395		2 Section. Costs of corrective action or indemnification
359	396		3 incurred before providing that notification shall not be
360	397		4 eligible for payment.
361	398		5 (6) The costs have not already been paid to the owner
362	399		6 or operator under a private insurance policy, other
363	400		7 written agreement, or court order.
364	401		8 (7) The costs were associated with "corrective action"
365	402		9 of this Act.
366	403		10 If the underground storage tank which experienced a
367	404		11 release of a substance listed in this Section was
368	405		12 installed after July 28, 1989, the owner or operator is
369	406		13 eligible to access the Underground Storage Tank Fund if it
370	407		14 is demonstrated to the Office of the State Fire Marshal
371	408		15 the tank was installed and operated in accordance with
372	409		16 Office of the State Fire Marshal regulatory requirements.
373	410		17 Office of the State Fire Marshal certification is prima
374	411		18 facie evidence the tank was installed pursuant to the
375	412		19 Office of the State Fire Marshal regulatory requirements.
376	413		20 (b) For releases reported prior to June 8, 2010 (the
377	414		21 effective date of Public Act 96-908) this amendatory Act of
378	415		22 the 96th General Assembly, an owner or operator may access the
379	416		23 Underground Storage Tank Fund for costs associated with an
380	417		24 Agency approved plan and the Agency shall approve the payment
381	418		25 of costs associated with corrective action after the
382	419		26 application of a $10,000 deductible, except in the following
383	420
384	421
385	422
386	423
387	424
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	425	+	HB3290 - 11 - LRB104 11355 BDA 21443 b
389	426
390	427
391		-	HB3290 ~~Engrossed~~- 12 -LRB104 11355 BDA 21443 b HB3290 ~~Engrossed~~ - 12 - LRB104 11355 BDA 21443 b
392		-	HB3290 ~~Engrossed~~ - 12 - LRB104 11355 BDA 21443 b
	428	+	HB3290- 12 -LRB104 11355 BDA 21443 b HB3290 - 12 - LRB104 11355 BDA 21443 b
	429	+	HB3290 - 12 - LRB104 11355 BDA 21443 b
393	430		1 situations:
394	431		2 (1) For costs incurred prior to the effective date of
395	432		3 this amendatory Act of the 104th General Assembly, a A
396	433		4 deductible of $100,000 shall apply when none of the
397	434		5 underground storage tanks were registered prior to July
398	435		6 28, 1989, except in the case of underground storage tanks
399	436		7 used exclusively to store heating oil for consumptive use
400	437		8 on the premises where stored and which serve other than
401	438		9 farms or residential units, a deductible of $100,000 shall
402	439		10 apply when none of these tanks were registered prior to
403	440		11 July 1, 1992.
404	441		12 (2) For costs incurred prior to the effective date of
405	442		13 this amendatory Act of the 104th General Assembly, a A
406	443		14 deductible of $50,000 shall apply if any of the
407	444		15 underground storage tanks were registered prior to July
408	445		16 28, 1989, and the State received notice of the confirmed
409	446		17 release prior to July 28, 1989.
410	447		18 (3) For costs incurred prior to the effective date of
411	448		19 this amendatory Act of the 104th General Assembly, a A
412	449		20 deductible of $15,000 shall apply when one or more, but
413	450		21 not all, of the underground storage tanks were registered
414	451		22 prior to July 28, 1989, and the State received notice of
415	452		23 the confirmed release on or after July 28, 1989.
416	453		24 In cases where paragraph (1), (2), or (3) of this
417	454		25 subsection applies, costs incurred after the effective date of
418	455		26 this amendatory Act shall be subject to the $10,000
419	456
420	457
421	458
422	459
423	460
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	461	+	HB3290 - 12 - LRB104 11355 BDA 21443 b
425	462
426	463
427		-	HB3290 ~~Engrossed~~- 13 -LRB104 11355 BDA 21443 b HB3290 ~~Engrossed~~ - 13 - LRB104 11355 BDA 21443 b
428		-	HB3290 ~~Engrossed~~ - 13 - LRB104 11355 BDA 21443 b
	464	+	HB3290- 13 -LRB104 11355 BDA 21443 b HB3290 - 13 - LRB104 11355 BDA 21443 b
	465	+	HB3290 - 13 - LRB104 11355 BDA 21443 b
429	466		1 deductible, which shall be reduced by any deductible amount
430	467		2 applied to costs incurred prior to the effective date of this
431	468		3 amendatory Act of the 104th General Assembly.
432	469		4 For releases reported on or after June 8, 2010 (the
433	470		5 effective date of Public Act 96-908) this amendatory Act of
434	471		6 the 96th General Assembly, an owner or operator may access the
435	472		7 Underground Storage Tank Fund for costs associated with an
436	473		8 Agency approved plan, and the Agency shall approve the payment
437	474		9 of costs associated with corrective action after the
438	475		10 application of a $5,000 deductible.
439	476		11 A deductible shall apply annually for each site at which
440	477		12 costs were incurred under a claim submitted pursuant to this
441	478		13 Title, except that if corrective action in response to an
442	479		14 occurrence takes place over a period of more than one year, in
443	480		15 subsequent years, no deductible shall apply for costs incurred
444	481		16 in response to such occurrence.
445	482		17 (c) Eligibility and deductibility determinations shall be
446	483		18 made by the Office of the State Fire Marshal.
447	484		19 (1) When an owner or operator reports a confirmed
448	485		20 release of a regulated substance, the Office of the State
449	486		21 Fire Marshal shall provide the owner or operator with an
450	487		22 "Eligibility and Deductibility Determination" form. The
451	488		23 form shall either be provided on-site or within 15 days of
452	489		24 the Office of the State Fire Marshal receipt of notice
453	490		25 indicating a confirmed release. The form shall request
454	491		26 sufficient information to enable the Office of the State
455	492
456	493
457	494
458	495
459	496
460		-	HB3290 ~~Engrossed~~ - 13 - LRB104 11355 BDA 21443 b
	497	+	HB3290 - 13 - LRB104 11355 BDA 21443 b
461	498
462	499
463		-	HB3290 Engrossed- 14 -LRB104 11355 BDA 21443 b HB3290 Engrossed - 14 - LRB104 11355 BDA 21443 b
464		-	HB3290 Engrossed - 14 - LRB104 11355 BDA 21443 b
465		-	1 Fire Marshal to make a final determination as to owner or
466		-	2 operator eligibility to access the Underground Storage
467		-	3 Tank Fund pursuant to this Title and the appropriate
468		-	4 deductible. The form shall be promulgated as a rule or
469		-	5 regulation pursuant to the Illinois Administrative
470		-	6 Procedure Act by the Office of the State Fire Marshal.
471		-	7 Until such form is promulgated, the Office of the State
472		-	8 Fire Marshal shall use a form which generally conforms
473		-	9 with this Act.
474		-	10 (2) Within 60 days of receipt of the "Eligibility and
475		-	11 Deductibility Determination" form, the Office of the State
476		-	12 Fire Marshal shall issue one letter enunciating the final
477		-	13 eligibility and deductibility determination, and such
478		-	14 determination or failure to act within the time prescribed
479		-	15 shall be a final decision appealable to the Illinois
480		-	16 Pollution Control Board.
481		-	17 (Source: P.A. 96-908, eff. 6-8-10; revised 7-30-24.)
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	501	+	HB3290 - 14 - LRB104 11355 BDA 21443 b
482	502
483	503
484	504
485	505
486	506
487		-	HB3290 ~~Engrossed~~ - 14 - LRB104 11355 BDA 21443 b
	507	+	HB3290 - 14 - LRB104 11355 BDA 21443 b