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.
  3. The tank is registered with Pennsylvania Department of Environmental Protection (DEP), unless it is a nonregulated heating oil tank - see optional coverage below.
  4. The owner or operator has obtained 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 has met the notification requirements of reporting a claim.

COVERAGE LIMITS:

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, mixtures, farm diesel*, and other regulated substances:
    • Gallon fee: $0.011 per gallon fee on regulated substances assessed by the distributor at the time of delivery.
  2. All regulated and opted-in USTs storing heating oil, diesel fuel (except farm diesel*), kerosene, used motor oil, and unknown substances:
    • Capacity fee: $0.0825 per gallon of UST capacity billed annually.

*Farm diesel is diesel fuel stored on a farm for noncommercial purposes in a UST with a capacity greater than 1,100 gallons.

3. While the USTIF has the regulatory authority to assess a flat per-tank fee, this fee is not currently imposed.

 

OPTIONAL COVERAGE:

Participation in the USTIF is optional for owners and operators of nonregulated underground heating oil tanks with a capacity of 3,000 gallons or greater used for storing heating oil for consumptive use on the premises where stored. To opt in, you will need to complete an application and send it to the USTIF. Owners and operators of opted-in tanks will pay the capacity fee as described under Fees (2).