Bill Text: IN SB0168 | 2012 | Regular Session | Enrolled
Bill Title: Liability for underground storage tank fees.
Spectrum: Slight Partisan Bill (Republican 8-3)
Status: (Enrolled - Dead) 2012-03-06 - Signed by the Governor [SB0168 Detail]
Download: Indiana-2012-SB0168-Enrolled.html
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AN ACT to amend the Indiana Code concerning environmental law.
(b) Before imposing a lien under this section, the department shall provide at least thirty (30) days written notice to:
(1) the owner of record if the owner can be identified; and
(2) if the owner of record cannot be identified, the tenant, operator, or other person having control of the property.
(c) Not earlier than thirty (30) days after notice is received, in order to perfect the lien, the department shall record a lien imposed under this section with the county recorder in the county in which the property is located.
(1) The owner or operator has complied with the following:
(A) This article or IC 13-7-20 (before its repeal).
(B) Rules adopted under this article or IC 13-7-20 (before its repeal).
A release from an underground petroleum storage tank may not prevent an owner or operator from establishing compliance with this subdivision to receive money from the excess liability fund.
(2) The owner or operator has paid all registration fees that are required under rules adopted under IC 13-23-8-4.5.
(3) The owner or operator has provided the commissioner with evidence of payment of the amount of liability the owner or operator is required to pay under section 2 of this chapter.
(4) A corrective action plan is approved by the commissioner or deemed approved under this subdivision. The corrective action plan for sites with a release from an underground petroleum storage tank that impacts soil or groundwater, or both, is automatically deemed approved only as long as:
(A) the plan conforms with:
(i) 329 IAC 9-4 and 329 IAC 9-5; and
(ii) the department's cleanup guidelines set forth in the Underground Storage Tank Branch Guidance Manual, including the department's risk integrated system of closure standards; and
(B) the soil and groundwater contamination is confined to the owner's or operator's property.
If the corrective action plan fails to satisfy any of the requirements of clause (A) or (B), the plan is automatically deemed disapproved. If a corrective action plan is disapproved, the claimant may supplement the plan. The corrective action plan is automatically deemed approved when the cause for the disapproval is corrected. For purposes of this subdivision, in the event of a conflict between compliance with the corrective action plan and the department's standards in clause (A), the department's standards control. For purposes of this subdivision, if there is a conflict between compliance with the corrective action plan and the board's rules, the board's rules control. The department may audit any corrective action plan. If the commissioner denies the plan, a detailed explanation of all the deficiencies of the plan must be provided with the denial.
(b) An owner, operator, or transferee of property under subsection (e) is eligible to receive money from the fund before the owner, operator, or transferee has a corrective action plan approved or deemed
approved if:
(1) the work for which payment is sought under IC 13-23-9-2 was
an initial response to a petroleum release that created the need for
emergency action to abate an immediate threat of harm to human
health, property, or the environment;
(2) the work is for a site characterization completed in accordance
with 329 IAC 9-5; or
(3) the department has not acted upon a corrective action plan
submitted under IC 13-23-9-2 within ninety (90) days after the
date the department receives the:
(A) plan; or
(B) application to the fund;
whichever is later.
(c) The amount of money an owner, operator, or transferee of
property under subsection (e) is eligible to receive from the fund under
subsection (b) must be calculated in accordance with 328 IAC 1-3.
(d) An owner, an operator, or a transferee of property described in
subsection (e) eligible to receive money from the fund under this
section may assign that right to another person.
(e) A transferee of property upon which a tank was located is
eligible to receive money from the fund under this section if any of the
following conditions are met:
(1) The transferor of the property was eligible to receive money
under this section with respect to the property.
(2) The:
(A) transferee acquires ownership or operation of an
underground petroleum storage tank as a result of a bona
fide, good faith transaction, negotiated at arm's length,
between parties under separate ownership;
(B) transferor failed to pay fees due under IC 13-23-12-1;
and
(C) department failed to record a lien against the property
under IC 13-23-7-10.
(3) The transferee pays all applicable tank fees under
IC 13-23-12-1, including past due fees and interest for each
tank not more than thirty (30) days after receiving notice of
the indebtedness.
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