Leaking Underground Storage Tanks

Leaking underground storage tanks (USTs) are a significant source of environmental contamination and may pose the following threats to human health and safety: fire and explosion; inhalation of dangerous vapors; contamination of soil and groundwater; contamination of drinking water; and contamination of streams, rivers, and lakes. These threats are minimized when responsible parties respond quickly and efficiently after a tank release. For more information, see An Introduction to Leaking Underground Storage Tanks.

The Leaking UST Section oversees the remedial activities after a release from an UST has been reported to the Illinois Emergency Management Agency. Leaking UST Section staff review the technical adequacy of plans, reports, and budgets. This includes the development and evaluation of the appropriate remediation objectives for each site. Once the site has met its remediation objectives and program requirements, the Illinois EPA issues a No Further Remediation Letter for the leaking UST incident.

The manager of the Leaking UST Section is Hernando Albarracin. The section is divided into three units, headed by: Michael Lowder; Harry Chappel, P.E.; and Tom Henninger.

What's New...

*In accordance with 35 Ill. Adm. Code 734.605(b), a complete application for payment must include an affidavit signed by each subcontractor that performed an activity for which costs are sought for payment from the UST Fund. The completed affidavit must be signed by an authorized agent of the subcontractor, subscribed and sworn before a notary public. The affidavit is included in the application for payment forms.

**In accordance with 35 Ill. Adm. Code 734.605(b), a complete application for payment must include a quarterly report of workforce participation.

TACO amendments took effect on July 15, 2013.   Besides the addition of the indoor inhalation exposure route, the Default Physical and Chemical Parameters at Section 742.Appendix C.Table E have changed.

For information about the indoor inhalation exposure route — especially as it relates to Leaking UST Program sites, see the vapor intrusion fact sheets.

Project Labor Agreements

Senate Bill 20 was signed into law as Public Act 98-109 and became effective July 25, 2013. The bill requires that certain site investigation and corrective action activities include a project labor agreement (PLA) if payment from the UST Fund is to be requested. If the corrective action must include a PLA, applications for payment from the UST Fund must include a PLA certification from the UST owner or operator that the cleanup was performed under a PLA meeting the requirements of the Project Labor Agreements Act and was implemented consistent with the Project Labor Agreements Act and the Prevailing Wage Act. Please see the Project Labor Agreement Requirement fact sheet for answers to questions you may have about the requirements.

Prevailing Wages

Senate Bill 20 also expanded the definition of “public works” at Section 2 of the Prevailing Wage Act (820 ILCS 130) to include any corrective action performed pursuant to Title XVI of the Environmental Protection Act for which payment from the UST Fund is requested. Even if a PLA is not required, payment of prevailing wages is required. A contractor or subcontractor is required to pay the prevailing wage to all laborers, workers, and mechanics working on public works projects conducted on and after July 25, 2013.

To date, the payment of prevailing wages has not affected the UST owner's or operator's ability to perform corrective action work for the Subpart H maximum payment amounts. However, please be advised that, if the corrective action work cannot be done for the Subpart H maximum payment amount, then the maximum payment amount may be determined via bidding (Section 57.7(c)(3)(B) and (C) of the Environmental Protection Act and 35 Ill. Adm. Code 734.800(a)(2)).

Illinois Environmental Protection Agency
Leaking Underground Storage Tank Section
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Phone: 217-524-3300
Fax # 217-524-4193