Storage Tank Trust Funds

The Storage Tank Act establishes two separate Funds to assist owners and operators of storage tanks with the cost of remedial actions. Both funds are designed to provide financial assistance to owners and operators of facilities where contamination from petroleum storage tanks has occurred. The Funds are financed from a $0.01 fee placed on each gallon of petroleum (except aviation fuel) product manufactured in or imported into the state. The funds will be abolished on July 1, 2024 by the sunset provision unless reenacted by the Legislature. Outlined below is a brief summary of the program.

Petroleum Storage Tank Release Fund Site Ranking System

Due to the overwhelming number of applications for assistance from the funds, KDHE has developed a ranking system that evaluates the risk associated with each site. This ranking system takes into account several factors related to each site to determine which sites pose the greatest risk to the public. Using the ranking system KDHE assigns a score to each site. This score will establish the order in which sites are investigated and remediated. By using this method KDHE can focus limited resources on resolving the greatest risks to the public.

  1. Eligibility
  2. Costs & Reimbursement
  3. Compliance & Insurance
  4. Application & Guidance

Who Qualifies for Reimbursement from the State Funds

  • Owners or operators of underground and aboveground storage tanks. Private businesses, local and state governments who own/operate petroleum storage tanks are eligible.
  • To be eligible, the contamination at the site must have been discovered on or after December 22, 1988.
  • Owners or operators of farm or residential tanks of 1,100 gallons or less and tanks used to store heating oil at a single family residence may qualify for reimbursement.

Who Does Not Qualify for Reimbursement

  • The federal government.
  • Owners or operators who meet the federal criteria for self-insurance and whose leaking tank is located on a facility that is engaged in the refining or production of petroleum.
  • Owners or operators who knowingly allow a release of petroleum to occur or who do not cooperate in conducting the appropriate corrective action.
  • Owners or operators of storage tanks at pipeline facilities where releases have occurred.