Bill Text: IN SB0133 | 2012 | Regular Session | Engrossed
Bill Title: Underground storage tanks.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Enrolled - Dead) 2012-03-14 - Signed by the Governor [SB0133 Detail]
Download: Indiana-2012-SB0133-Engrossed.html
Citations Affected: IC 13-14; IC 13-23; IC 13-25.
Synopsis: Underground storage tanks. Allows the solid waste
management board to adopt rules and establish requirements for
underground storage tanks in conformance with the delivery
prohibition program under 42 U.S.C. 6991k. Provides that the
commissioner of the department of environmental management
(commissioner) may: (1) determine whether an underground storage
tank (tank) is eligible for delivery, deposit, or acceptance of a regulated
substance; and (2) issue a temporary order to enforce compliance.
Allows the commissioner to enforce the delivery prohibition program
if an owner or operator of an underground petroleum storage tank fails
to register the tank or pay annual registration fees. Requires the
commissioner to provide notice before issuing such a temporary order.
Requires compliance with such an order by the new owner of an
underground storage tank after ownership of the tank is transferred.
Allows the commissioner to implement the delivery prohibition
program prior to the adoption of rules by the board. Repeals
requirements to pay certain tank fees. Exempts the implementation of
the delivery prohibition program from certain administrative
procedures. Provides a defense to noncompliance with such an order
if the owner or operator of the underground storage tank has not been
notified that the tank is ineligible. Makes a technical correction.
Effective: July 1, 2012.
(HOUSE SPONSOR _ WOLKINS)
January 4, 2012, read first time and referred to Committee on Energy and Environmental
Affairs.
January 9, 2012, amended, reported favorably _ Do Pass.
January 17, 2012, read second time, amended, ordered engrossed.
January 18, 2012, engrossed.
January 19, 2012, read third time, passed. Yeas 48, nays 0.
January 31, 2012, read first time and referred to Committee on Environmental Affairs.
February 23, 2012, reported _ Do Pass.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
(b) The rules must not be less stringent than the regulations adopted by the Administrator of the United States Environmental Protection Agency under Section 9003 of the federal Solid Waste Disposal Act, as amended (42 U.S.C. 6991b, as amended).
(c) The rules adopted under subsection (a) must include the following:
(1) Requirements for maintaining:
(A) a leak detection system;
(B) an inventory control system coupled with tank testing; or
(C) a comparable system or method;
designed to identify releases in a manner consistent with the protection of human health and the environment.
(2) Requirements for maintaining records of any:
(A) monitoring;
(B) leak detection system;
(C) inventory control system or tank testing; or
(D) comparable system.
(3) Requirements for reporting of:
(A) any releases; and
(B) corrective action taken in response to a release.
(4) Requirements for ordering or taking corrective action in response to a release.
(5) Requirements for closure of underground storage tanks to prevent future releases of regulated substances into the environment.
(6) Requirements for maintaining evidence of financial responsibility for:
(A) taking corrective action; and
(B) compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from the operation of an underground storage tank.
(7) Standards of performance for new underground storage tanks.
(8) Requirements for the following:
(A) Providing notice to the department of the existence of operational and nonoperational underground storage tanks, as required under 42 U.S.C. 6991a(a).
(B) Providing the information required on the form prescribed under 42 U.S.C. 6991a(b)(2).
(C) Providing notice, by any person who sells a tank intended to be used as an underground storage tank, to the purchaser of that tank of the owner's notification requirements established by this article and 42 U.S.C. 6991a(a).
(9) Requirements for the delivery prohibition program prescribed under 42 U.S.C. 6991k, including:
(A) notice to owners or operators when an underground storage tank is declared ineligible for delivery, deposit, or acceptance of a regulated substance; and
(B) procedures to enforce the delivery prohibition that include the use of a temporary emergency order under
IC 4-21.5-4 for violations of section 4(a) of this chapter.
(b) To fully implement the delivery prohibition program requirements under 42 U.S.C. 6991k, the commissioner may:
(1) determine whether an underground storage tank is eligible for delivery, deposit, or acceptance of a regulated substance; and
(2) issue a temporary order to prohibit the use of an underground storage tank that has been determined to be ineligible under subdivision (1), and demand compliance with the rules adopted under this chapter as follows:
(A) If an underground storage tank inspection shows failure to install equipment for:
(i) corrosion protection;
(ii) leak detection;
(iii) overfill protection; or
(iv) spill prevention.
The commissioner must give the owner or operator written notice before implementing a temporary order under this clause.
(B) If the owner or operator fails to properly operate or maintain equipment for corrosion protection, leak detection, overfill protection, and spill prevention. The commissioner must give the owner or operator:
(i) a written warning; and
(ii) at least thirty (30) days to take corrective action to bring the underground storage tank into compliance.
(C) If the owner or operator fails to register an underground petroleum storage tank or pay annual registration fees that are due under IC 13-23-12. The commissioner must give the owner or operator at least thirty (30) days to take corrective action to bring the underground storage tank into compliance.
(c) If ownership of an ineligible underground storage tank is transferred, the new owner must complete the corrective actions required to comply with an order issued by the commissioner to the previous owner.
(d) The commissioner may act to carry out this section prior to the adoption of rules by the board under section 2 of this chapter.
This subsection expires January 1, 2015.
(1) Grants made by the United States Environmental Protection Agency to the state under cooperative agreements under Section 9003(h)(7) of the federal Solid Waste Disposal Act (42 U.S.C. 6991b(h)(7)).
(2) Costs recovered by the state under IC 13-23-13-8 in connection with any corrective action undertaken under IC 13-23-13-2 with respect to a release of petroleum.
(3) Costs recovered by the state in connection with the enforcement of this article with respect to any release of petroleum.
(4) Appropriations made by the general assembly, gifts, and donations intended for deposit in the fund.
(5) Penalties imposed under IC 13-23-14.
(6) Revenue from the underground petroleum storage tank registration fee deposited in the fund under IC 13-23-12-4.
that may be imposed for the violation of a criminal law or under the
following:
(1) IC 13-23-14-2.
(2) IC 13-23-14-3.
(3) IC 13-23-14-4.
(4) IC 13-30-4.
(5) IC 13-30-5.
(6) IC 13-30-8.
(e) If an owner described in subsection (a) registered an
underground storage tank before January 1, 2004, the penalty
established in subsection (a) may not be assessed against the owner for
any failure to pay an annual registration fee under section 1 of this
chapter:
(1) in connection with the underground storage tank; and
(2) that was due before January 1, 2004.
(b) Except as provided in sections 2, 3, and 4 of this chapter, violations of this article are subject to the penalties imposed by the following:
(1) IC 13-30-4.
(2) IC 13-30-5.
(3) IC 13-30-8.
In addition, a violation of this article may lead to criminal prosecution under IC 13-30-10.
(b) It is a defense to a violation of this section due to noncompliance with an order issued under IC 13-23-1-4 that the person has not been notified that an underground storage tank that is the subject of the order is ineligible for delivery, deposit, or acceptance of a regulated substance as determined by the commissioner.
(1) Revenue produced by the levy under IC 6-6-6.6.
(2) Any payment to the state or the fund as:
(A) reimbursement for amounts expended by the state in a response action; or
(B) a settlement or judgment stemming from a lawsuit by the state or federal government to recover amounts expended by the state in a response action, including recoveries under section 10 of this chapter.
(3) Accrued interest and other investment earnings of the fund.
(4) Fees paid under IC 13-23-12-4(2)
(5) Appropriations made by the general assembly and gifts and donations from private and public entities intended for deposit in the fund.
(6) Grants and other payments made by the United States government under:
(A) the federal Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) in relation to regulated substances other than petroleum; or
(B) CERCLA.
(7) Money received from responsible parties under agreements under section 23 of this chapter for response actions at specific sites.