You recently had a “New Release” for your Leaking Underground Storage Tank (LUST) and the Illinois Environmental Protection Agency (IEPA) opened a database record on your incident. This happens when the Office of the State Fire Marshal calls in what’s known as a “release” of petroleum.
Finding Your Leaking Underground Storage Tank in the IEPA Database.
Illinois Environmental Protection Agency Online Database
Click through the link above. It will open in another browser window. You will find several ways to filter for your property. The easiest way is to put in the LPC Number or the IEMA Number we (A3 Environmental Consultants) sent you.
IEPA LUST Database
I Have A Leaking Underground Storage Tank. What Happens Now?
For a full list of Frequently Asked Questions (FAQ) you should check out the IEPA LUST FAQ Page by clicking here. They do a very good job of explaining most of the details. But continue on because I’ll hit the highlights below.
Hire a Consultant
While you will find no specific requirement that you need an environmental consultant that is well versed in LUST projects, there are requirements that you need to be a licensed professional geologist or engineer in order to sign-off on the paperwork.
20 Day Certification
A one-page certification, which the owner/Operator of the UST system assures that all immediate threats to human health have been mitigated. The owner or operator must certify that the listed items on the form are true and submit the form to the Illinois EPA’s Leaking UST Section within 20 days of the reported release date.
45 Day Letter
The 45-Day Report must be submitted within 45 days of the reported release date and must be contain information about the site and the nature of the release, including information gained during initial abatement measures.
Budget
The environmental consultant reviews the circumstances of your project and works up a budget to submit to the IEPA. They approve it and we get to work on the next step, investigation and remediation.
Investigations & Remediation
The Investigation Stage is when the contamination is fully characterized and delineated through collection of soil and groundwater samples. The samples are sent to a certified laboratory who provides the data that is then compared to the allowable concentrations set by the IEPA. Once the investigations are completed, if any active Remediation is required, a Remedial Action Plan is submitted to the IEPA for approval and then the Remedial Action is implemented.
No Further Remediation Letter (NFR)
The NFR letter is the thing we are all working for. It says you met the requirements of the IEPA and while your property may not be clean, it’s complete in the eyes of the government.
Record NFR Letter
Once you get the letter, it needs to be recorded with the County Recorder of Deeds. Your project is not officially over until this step is complete.
What Are My Out of Pocket Costs for this LUST?
For the nitty-gritty of the Leaking Underground Storage Tank Trust Fund, how it came to exist and all the laws around it, check out the IEPA website link here. However, if your release was reported on or after June 8, 2010 you are looking at a $5,000 deductible.
How Long Will It Take To Get a NFR Letter?
Assets Not Liabilities
I hate saying it, but it will take years. There are active, open LUST projects that are 20 years old.
Are There Alternatives To The LUST Program?
Yes, It’s called the Site Remediation Program (SRP). On the positive side it’s much faster than the LUST program. You could see closure inside a year. On the minus side all the costs would be the site operator’s responsibility. They are however much less expensive than what the IEPA makes you go through in the LUST program. A good budget to have in mind for a SRP Project is $25,000.
If you need help with your new release Leaking Underground Storage Tank, give A3 Environmental Consultants a call. We’ll work with the IEPA to get your environmental issue sorted out and behind you. If you have other current or future concerns regarding Leaking Underground Storage Tanks or the LUST Trust Fund, we’d love to talk with you, call us now! A3 Environmental Consultants can be reached at (630) 507-9033 or by email at LUST@A3E.com.
