415 ILCS 5/57.2
Definitions
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(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, 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 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.
"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.)
Notes of Decisions
Cited in 4
cases, 1996–2000 · leading case: Aurora National Bank v. Tri Star Marketing, Inc.
Aurora National Bank v. Tri Star Marketing, Inc. (1998)
“Illinois UST laws track the RCRA definitions, 415 ILCS 5/57.2, and impose liability on UST owners and operators "for all costs of investigation, preventive action, corrective action and enforcement action.”
Sampson v. Miglin (1996)
“See 415 ILCS 5/57.2, 57.6, 57.7 (West 1994). Thus, the Act clarifies that even after the offender is no longer violating the Act, the offender is liable for "corrective action” needed to "clean up” the damage his prior violation caused and to remedy any ill effect on the…”
Chrysler Realty Corp. v. Thomas Industries, Inc. (2000)
“Discussion In Count II, plaintiff alleges that either Thomas or Teledyne is the owner of the underground storage tank pursuant to 415 ILCS 5/57.2, and has violated the UST Program by failing to take corrective action after being notified of the release.”
Sampson v. Miglin (1996)
“Title V explicitly defined "corrective action" for an oil spill as: "an action to stop, minimize, eliminate, or clean up a release of petroleum or its effects as may be necessary or appropriate to protect human health and the environment. This includes, but is not limited to,…”
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