Ill. Admin. Code tit. 35 § 734.620

Current through Register Vol. 48, No. 49, December 6, 2024

Section 734.620 - Limitations on Total Payments

a) Limitations per occurrence:

1) The Agency shall not approve any payment from the Fund to pay an owner or operator for costs of corrective action incurred by such owner or operator in an amount in excess of $1,500,000 per occurrence [415 ILCS 5/57.8(g)(1)] ; and

2) The Agency shall not approve any payment from the Fund to pay an owner or operator for costs of indemnification of such owner or operator in an amount in excess of $1,500,000 per occurrence [415 ILCS 5/57.8(g)(2)] .

b) Aggregate limitations:

1) Notwithstanding any other provision of this Part, the Agency shall not approve payment to an owner or operator from the Fund for costs of corrective action or indemnification incurred during a calendar year in excess of the following amounts based on the number of petroleum underground storage tanks owned or operated by such owner or operator in Illinois:

A) For calendar years prior to 2002:

Amount	Number of Tanks
$1,000,000	fewer than 101
$2,000,000	101 or more

B) For calendar years 2002 and later:

Amount	Number of Tanks
$2,000,000	fewer than 101
$3,000,000	101 or more

[415 ILCS 5/57.8(d)]

2) Costs incurred in excess of the aggregate amounts set forth in subsection (b)(1) of this Section shall not be eligible for payment in subsequent years. [415 ILCS 5/57.8(d)(1)]

c) For purposes of subsection (b) of this Section, requests submitted by any of the agencies, departments, boards, committees or commissions of the State of Illinois shall be acted upon as claims from a single owner or operator. [415 ILCS 5/57.8(d)(2)]

d) For purposes of subsection (b) of this Section, owner or operator includes;

1) any subsidiary, parent, or joint stock company of the owner or operator; and

2) any company owned by any parent, subsidiary, or joint stock company of the owner or operator. [415 ILCS 5/57.8(d)(3)]

Ill. Admin. Code tit. 35, § 734.620