The Abandoned Tank Restoration Program (ATRP) was created in 1990 by the Legislature to address contamination at facilities that were “out of the business of storing petroleum products.” To be eligible for ATRP, a facility cannot have stored petroleum products for consumption, use, or sale since March 1, 1990, and the petroleum storage systems from which the discharge occurred must be closed pursuant to department rules. ATRP is subject to a $500 deductible. See Subsection 376.305(6), F.S., for more information on ATRP.
To become eligible under this provision, the property owner/responsible party must be financially unable to pay for proper closure of their petroleum storage tanks and must provide information regarding their financial status. For convenience, DEP encourages that such parties complete an “Ability to Pay” form and submit it to DEP for review. If the property owner/responsible party is determined to be unable to pay for the closure of the tanks, then the discharge can be made eligible under indigent ATRP and the tank removal and closure, as well as any subsequent site rehabilitation activities, will be performed by the state. All other eligibility requirements and benefits are the same as in ATRP.
Innocent Victim Petroleum Storage System Restoration (IVPSSR)
In 2005, the Legislature created Section 376.30715, F.S., titled "Innocent Victim Petroleum Storage System Restoration" as a subset of the ATRP program and subsequent amendments were included in Chapter 2008-239, L.O.F. Under this provision, if a contaminated site was acquired by the current owner prior to July 1, 1990, and had ceased operating as a petroleum storage or retail business prior to January 1, 1985, then it could be eligible for financial assistance pursuant to Subsection 376.305(6), F.S. (ATRP), notwithstanding Subsection 376.305(6)(a), F.S.
The Florida Department of Environmental Protection is the state’s lead agency for environmental management and stewardship – protecting our air, water and land. The vision of the Florida Department of Environmental Protection is to create strong community partnerships, safeguard Florida’s natural resources and enhance its ecosystems.