Ability to Pay Policy Template and Forms

This document provides a general policy for ability to pay settlements in which an entity’s financial ability to pay is a significant consideration. An ability to pay settlement allows a business or an individual to settle the State’s environmental liability claim for less than the full amount, and it may be a legitimate option if a company or an individual cannot pay the full liability, or if in doing so, it creates a financial hardship. The document also includes two template forms for collecting information from individuals and businesses.
All or part of these policies and forms may be adapted by States into the regulatory framework of their unique programs.

Summary of State Programs and Data on Abandoned Underground Storage Tanks and Facilities

From 2016-2017, the ASTSWMO State Fund-Financial Responsibility Task Force requested information about abandoned USTs and facilities from all State UST programs, and received responses from 31 States. This report summarizes and compiles the responses received, which includes information on how States fund the removal and cleanup of abandoned USTs and facilities; how many abandoned USTs and facilities, and at what costs, have these States addressed; and what incentives or unique programs do States have for addressing abandoned USTs and facilities.

Summary of State Fund Demands and Recoveries

The ASTSWMO State Fund-FR Task Force compiled the attached spreadsheet and documentation that describe demands and recoveries against UST owners and operators concerning “double dipping.” Double dipping refers to monetary settlements reached by owners and operators with their insurers for UST cleanup issues where State Funds have provided reimbursement for the same costs and the monetary settlement was not returned to the State. Many State Fund managers are working on their own or with a national group of attorneys to try to recover monies legitimately due back to the State Funds. This may involve local or multi-State owners and operators. The intent of this resource is to chronicle demands and recoveries made by the various State Funds. The spreadsheet includes only summaries and documentation provided to ASTSWMO by State programs. Contact State Fund-FR Task Force members or ASTSWMO staff if you request other demands and/or recoveries cases in your State be added to the document.

UST – State Fund Cost Control Resources Webpage

The State Fund-FR Task Force developed this webpage to provide cost control documents, schedules, and other resources that have been provided to ASTSWMO by State programs. These resources provide valuable information for States looking to research cost controls employed by others. ASTSWMO will provide updates to this webpage when new information is provided.

Guidance for Understanding Petroleum Storage Tank Bankruptcy

The State Fund-Financial Responsibility Task Force developed this guidance to encourage dialogue between regulators and their legal counsel when regulated facilities are subject to bankruptcy proceedings. This is an introduction to legal terms and concepts related to bankruptcy to facilitate communication and enhance understanding. It also presents an overview of the process, milestones, and potential actions and decisions that may need to be taken with the guidance and assistance of legal counsel.

Redevelopment Successes at Petroleum Underground Storage Tanks Sites Webpage

Through the years, State programs have evolved to assist our community leaders and developers in decision-making processes related to redevelopment of LUST sites. The LUST Task Force developed this webpage to present information on redevelopment stories that have occurred in States across the country. Updates to this webpage will be prepared periodically.

Annual State Fund Survey Results

The Vermont Department of Environmental Conservation, in partnership with ASTSWMO, conducts a survey of all State Financial Assurance Fund programs and provides results on their design characteristics, funding, and fund activity. The most recent results are provided below. Results from previous years are provided in the Archives Publications section at the bottom of this page.

State Fund Survey Results 2016
Summary 
Table 1 (Part 1): Design Characteristics of State Financial Assurance Funds 2016
Table 1 (Part 2): Design Characteristics of State Financial Assurance Funds 2016
Table 2: Funding for State Financial Assurance Funds 2016
Table 3: Level of Activity in State Financial Assurance Funds 2016
Table 4: Cost Control Measures/State Fund Updated 2016