415 ILCS 5/57
Intent and purpose
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(415 ILCS 5/57)
Sec. 57.
Intent and purpose.
This Title shall be
known and may be cited as the Leaking Underground Storage Tank Program
(LUST).
The purpose of this Title is, in accordance with the
requirements of the
Hazardous and Solid Waste Amendments of 1984 of the Resource Conservation and
Recovery Act of 1976 and in accordance with the State's interest in the
protection of Illinois' land and water resources: (1) to adopt
procedures for the
remediation of underground storage tank sites due to the release of petroleum
and other substances regulated under this Title from certain underground
storage tanks or related tank systems; (2) to establish and provide
procedures for
a Leaking Underground Storage Tank Program which will oversee and review any
remediation required for leaking underground storage tanks, and administer
the Underground Storage Tank Fund; (3) to establish an Underground Storage
Tank
Fund intended to be a State fund by which persons who qualify for access to the
Underground Storage Tank Fund may satisfy the financial responsibility
requirements under applicable State law and regulations; (4) to establish
requirements for eligible owners and operators of underground storage tanks to
seek payment for any costs associated with physical soil classification,
groundwater investigation, site classification and corrective action from the
Underground Storage Tank Fund; and (5) to audit and approve
corrective action efforts performed by Licensed Professional Engineers.
(Source: P.A. 91-357, eff. 7-29-99.)
Notes of Decisions
Cited in 10
cases (4 in the last 5 years), 1996–2026 · leading case: First of America Trust Co. v. Armstead
First of America Trust Co. v. Armstead (1996)
“See 415 ILCS 5/57 et seq. (West Supp. 1993). Plaintiff, as trustee of the Emil A.”
Rice v. Marathon Petroleum Corp. (2024)
“I, and III allege bodily injury to Margaret resulting from the release of petroleum from an underground storage tank and seek to recover in strict liability against each defendant pursuant to -3- Illinois’s Environmental Protection Act (Act), specifically title XVI, “Petroleum…”
Bond Drug Co. of Ill. v. Amoco Oil Co. (2001)
“On April 17, 1989, pursuant to the Illinois Environmental Protection Act (EPA) (415 ILCS 5/57 et seq. (West 1996)), the Illinois Environmental Protection Agency (IEPA) sent Amoco a notice of discharge or release of petroleum into the environment at the Premises caused by leaking…”
Chrysler Realty Corp. v. Thomas Industries, Inc. (2000)
“(Count I), and two provisions of the Illinois Environmental Protection Act (“IEPA”), 415 ILCS 5/57 et seq. (the underground storage tank program) and 415 ILCS 5/21(e).”
Rice v. Marathon Petroleum Corp. (2024)
“Counts I, II, and III allege bodily injury to Margaret resulting from the release of petroleum from an underground storage tank and seek to recover in strict liability against each defendant pursuant to Illinois’s Environmental Protection Act (Act), specifically title XVI,…”
Rice v. Marathon Petroleum Corp. (2022)
“Counts I, II, and III (the EPA counts) alleged that the respective Speedway defendants violated several provisions of the Leaking Underground Storage Tank Program (LUST) (415 ILCS 5/57 et seq. (West 2016)), which is part of Illinois’s Environmental Protection Act (EPA) (415 ILCS…”
The Estate of Slightom v. The Pollution Control Board (2016)
“¶5 In September 1993, Title XVI of the Environmental Protection Act (Act) (415 ILCS 5/57 to 57.17 (West 1994)), known as the Leaking Underground Storage Tank Program (LUST Program), went into effect pursuant to Public Act 88-496.”
Chronister Oil Company v. Pollution Control Board (2026)
“” 415 ILCS 5/57 (West 2022). The LUST Program is administered by the OSFM and the Agency.”
United Science Industries v. Southwest Bank (In Re EDG Holdings, Inc.) (2010)
“415 ILCS 5/57 et seq. In addition to providing comprehensive procedures for property remediation, the program also establishes and maintains a State-administered fund, referred to as the LUST Fund, to help property owners offset the substantial costs of environmental cleanup.”
Bond Drug Co. v. Amoco Oil Co. (2001)
“On April 17, 1989, pursuant to the Illinois Environmental Protection Act (EPA) (415 ILCS 5/57 et seq. (West 1996)), the Illinois Environmental Protection Agency (IEPA) sent Amoco a notice of discharge or release of petroleum into the environment at the Premises caused by leaking…”
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