ILCS » Chapter 415 · Act 5
Illinois Compiled Statutes

415 ILCS 5/57 (2026)

Intent and purpose

✓ current as of May 2026
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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 Am. Trust Co. v. Armstead, 664 N.E.2d 36 (Ill. 1996).
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First of Am. Trust Co. v. Armstead, 664 N.E.2d 36 (Ill. 1996). · cites it 3× “See 415 ILCS 5/57 et seq. (West Supp. 1993). Plaintiff, as trustee of the Emil A.”
Rice v. Marathon Petroleum Corp., 2024 IL 129628 (Ill. 2024). · cites it 3× “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 -3- Illinois’s Environmental Protection Act (Act), specifically title XVI,…”
Bond Drug Co. of Ill. v. Amoco Oil Co., 751 N.E.2d 586 (Ill. App. Ct. 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 Indus., Inc., 97 F. Supp. 2d 877 (N.D. Ill. 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 IL 129628 (Ill. 2024). · cites it 3× “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 IL App (1st) 220155-U (Ill. App. Ct. 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 Est. of Slightom v. The Pollution Control Bd., 2015 IL App (4th) 140593 (Ill. App. Ct. 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 Co. v. Pollution Control Bd., 2026 IL App (4th) 250398-U (Ill. App. Ct. 2026). “” 415 ILCS 5/57 (West 2022). The LUST Program is administered by the OSFM and the Agency.”
United Sci. Indus. v. Sw. Bank (In Re EDG Holdings, Inc.), 438 B.R. 154 (Bankr. S.D. Ill. 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. (Ill. App. Ct. 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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