NC State Trust Fund

Financial Assistance is Currently Available

The State of North Carolina established the Noncommercial Leaking Petroleum Underground Storage Tank (UST) Cleanup Fund (Trust Fund) to assist the owners and operators of noncommercial USTs in complying with the regulations that apply once leakage from an underground storage tank is discovered.

If you own or operate a commercial storage tank different rules apply. Please contact Cedar Rock to discuss what assistance may be available in your circumstances.

Who is eligible to receive reimbursement from the Trust Fund?

All of the following conditions must be met to be eligible for Trust Fund assistance:

  1. The storage tank must be considered to be an underground storage tank to be eligible. Above ground tanks are not eligible for any Trust Fund assistance.
    If any part of your tank is visible it may still be regarded as an underground tank. In these cases please contact Cedar Rock to discuss the situation. A ruling from State officers may be required to clarify the tank status.
  2. The UST must be less than 1,100 gallons in capacity.
  3. A release from the UST must be confirmed (by laboratory analyses of soil samples).
  4. The UST must be removed from the ground. Abandonment-in-place is acceptable only if site conditions prevent removal. State inspection of the site will be required in this situation.

Who does the State consider to be the tank owner?

In some cases, the property owner is not considered by the State to be the owner of the UST.

If the UST was last used on or after November 8, 1984, then the current property owner is deemed to be the tank owner and is eligible for 100% reimbursement of eligible charges.

If the UST was last used prior to November 8, 1984, the last person to use the tank is considered to be the tank owner. A property owner who is not considered by the State to be the statutory tank owner can usually obtain a Limited Power-of-Attorney to transfer tank ownership status and so gain access to the Trust Fund. Cedar Rock will prepare the necessary paperwork in this case.

If tank ownership is established the tank owner is eligible for 100% reimbursement of reimbursable costs.

If tank ownership cannot be obtained, the property owner is considered to be an "innocent landowner". Recent changes to North Carolina law indicate that in most cases an innocent landowner will now be eligible for full Trust Refund reimbursement of reimbursable costs.

For what expenses does the Trust Fund make reimbursement?

The Trust Fund does not reimburse for the costs for the removal and disposal of the UST and its contents. These nonreimbursable costs cannot be applied toward the deductible amount, if applicable.

What assistance can Cedar Rock offer me?

The Trust Fund established what is called a "Co-payment" plan to further assist property owners facing the significant costs associated with the cleanup of contaminated soils associated with a leaking underground storage tank. For further details on this arrangement please read our Copayment page.

Cedar Rock also guarantees that property owners will receive 100% of eligible reimbursable costs.