Underground Storage Tank Indemnification Program

Purpose of Fund:

To make claim payments (corrective action & third party liability) to or on behalf of owners and operators of underground storage tanks (USTs) for releases occurring on or after February 1, 1994.

Enabling Legislation:

The Storage Tank and Spill Prevention Act (Act 32) passed July, 1989, as amended by Act 184 passed December, 1992; as amended by Act 16 passed June, 1995; as amended by Act 34, passed May 10, 1996; as amended by Act 13, passed January, 1998; and as amended by Act 100, passed December 2000; and as amended by Act 99, passed December 2001.

Claims:

To make a claim, contact the Claims Unit immediately after the release by calling (717) 787-0763 or (800) 595-9887[IN PA].  An adjustor will contact you to begin the investigation.  Claims must be reported within 60 days after knowledge of a potential claim or coverage will be denied.  There are eligibility requirements for claim payments as required by Act 32.

Eligibility:

  1. The claimant is the owner or operator of the tank.
  2. The Fund's fees are paid for each tank at the facility prior to discovery of the release.
  3. Each tank at the facility is registered with Pennsylvania Department of Environmental Protection (DEP), except for nonregulated heating oil tanks - see optional coverage below. Registration fees are paid on or before 60 days of when the release is discovered.
  4. The owner or operator received permits, if required.
  5. The tank owner/operator can support a release occurred on or after February 1, 1994.
  6. The claimant cooperates with the Fund in its eligibility determination process, claims investigation, the defense of any suit, the pursuit of a subrogation action and other matters as requested.
  7. The claimant met the notification requirements of reporting a claim, which must be reported within 60 days after knowledge of a release or coverage will be denied.

Coverage Period:

100 USTs or less - $1.5 million per tank per occurrence and $1.5 million annual aggregate.

101 USTs or more - $1.5 million per tank per occurrence and $3 million annual aggregate.

Deductibles:

Corrective action - $5,000 per tank per occurrence

3rd party liability - $5,000 per tank per occurrence

Fees:

  1. All regulated USTs storing gasoline, gasohol, aviation fuel, new motor oil, hazardous substances, mixture, other, and diesel fuel tanks at farms:

Gallon Fee: $0.011 per gallon fee on regulated substances assessed by the distributor at the time of delivery.

  1.  All regulated USTs storing heating oil, diesel fuel, kerosene, used motor oil and unknown products:

Capacity fee:  $0.0825 per gallon of UST capacity paid annually.

Optional Coverage:

Heating oil USTs which are 3,000 gallons or greater in capacity may voluntarily participate in the USTIF.  To request an application, call (717) 787-0763 or (800) 595-9887 [in PA]. USTs covered under this section will pay the capacity fee as described under Fees (2).