Current through Register Vol. 48, No. 38, September 20, 2024
a) An owner or
operator seeking indemnification from the Fund for payment of costs incurred as
a result of a release of petroleum from an underground storage tank must submit
to the Agency a request for payment on forms prescribed and provided by the
Agency and, if specified by the Agency by written notice, in an electronic
format.
1) A complete application for payment
must contain the following:
A) A certified
statement by the owner or operator of the amount sought for payment;
B) Proof of the legally enforceable judgment,
final order, or determination against the owner or operator, or the legally
enforceable settlement entered into by the owner or operator, for which
indemnification is sought. The proof must include, but not be limited to, the
following:
i) A copy of the judgment
certified by the court clerk as a true and correct copy, a copy of the final
order or determination certified by the issuing agency of State government or
subdivision thereof as a true and correct copy, or a copy of the settlement
certified by the owner or operator as a true and correct copy; and
ii) Documentation demonstrating that the
judgment, final order, determination, or settlement arises out of bodily injury
or property damage suffered as a result of a release of petroleum from the UST
for which the release was reported, and that the UST is owned or operated by
the owner or operator;
C) A copy of the OSFM or Agency eligibility
and deductibility determination;
D)
Proof that approval of the indemnification requested will not exceed the
limitations set forth in the Act and Section
734.620
of this Part;
E) A federal taxpayer
identification number and legal status disclosure certification;
F) A private insurance coverage form;
and
G) Designation of the address
to which payment and notice of final action on the request for indemnification
are to be sent to the owner or operator.
2) The owner's or operator's address
designated on the application for payment may be changed only by subsequent
notification to the Agency, on a form provided by the Agency, of a change of
address.
3) Applications for
payment must be mailed or delivered to the address designated by the Agency.
The Agency's record of the date of receipt must be deemed conclusive unless a
contrary date is proven by a dated, signed receipt from certified or registered
mail.
b) The Agency must
review applications for payment in accordance with this Subpart F. In addition,
the Agency must review each application for payment to determine the following:
1) Whether the application contains all of
the information and supporting documentation required by subsection (a) of this
Section;
2) Whether there is
sufficient documentation of a legally enforceable judgment entered against the
owner or operator in a court of law, final order or determination made against
the owner or operator by an agency of State government or any subdivision
thereof, or settlement entered into by the owner or operator;
3) Whether there is sufficient documentation
that the judgment, final 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;
and
4) Whether the amounts sought
for indemnification are eligible for payment.
c) If the application for payment of the
costs of indemnification is deemed complete and otherwise satisfies all
applicable requirements of this Subpart F, the Agency must forward the request
for indemnification to the Office of the Attorney General for review and
approval in accordance with Section 57.8(c) of the Act. The owner or operator's
request for indemnification must not be placed on the priority list for payment
until the Agency has received the written approval of the Attorney General. The
approved application for payment must then enter the priority list established
at Section
734.615(e)(1)
of this Part based on the date the complete
application was received by the Agency in accordance with Section 57.8(c) of
the Act.
d) Costs ineligible for
indemnification from the Fund include, but are not limited to:
1) Amounts an owner or operator is not
legally obligated to pay pursuant to a judgment entered against the owner or
operator in a court of law, a final order or determination made against the
owner or operator by an agency of State government or any subdivision thereof,
or any settlement entered into by the owner or operator;
2) Amounts of a judgment, final order,
determination, or settlement that do not arise 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;
3) Amounts incurred prior to July 28,
1989;
4) Amounts incurred prior to
notification of the release of petroleum to IEMA in accordance with Section
734.210
of this Part;
5) Amounts arising
out of bodily injury or property damage suffered as a result of a release of
petroleum from an underground storage tank for which the owner or operator is
not eligible to access the Fund;
6)
Legal fees or costs, including but not limited to, legal fees or costs for
seeking payment under this Part, unless the owner or operator prevails before
the Board and the Board authorizes payment of such costs;
7) Amounts associated with activities that
violate any provision of the Act or Board, OSFM, or Agency
regulations;
8) Amounts associated
with investigative action, preventive action, corrective action, or enforcement
action taken by the State of Illinois if the owner or operator failed, without
sufficient cause, to respond to a release or substantial threat of a release
upon, or in accordance with, a notice issued by the Agency pursuant to Section
734.125
of this Part and Section 57.12 of the Act;
9) Amounts associated with a release that has
not been reported to IEMA or is not required to be reported to IEMA;
10) Amounts incurred on or after the date the
owner or operator enters the Site Remediation Program under Title XVII of the
Act and 35 Ill. Adm. Code 740 to address the UST release; and
11) Amounts incurred prior to the effective
date of the owner's or operator's election to proceed in accordance with this
Part.
