Tuesday, October 16, 2012

Revision To IDEM Underground Storage Tank Rules

Indiana Department of Environmental Management has revised its Underground Storage Tank Regulations under Senate Bill 168. The rule, which took effect July 1, added a new code section IC 13-23-7-10. The State may now impose a lien on the property of an owner or operator of an underground storage tank, if they fail to register or pay certain fees.

IDEM must: (1) provide 30 days written notice before filing a lien; and (2) perfect a lien by recording the lien with the county recorder in the county in which the property is located. The bill also added a new section to IC 13-23-8-4 that allows a bona fide purchaser eligibility to receive funds from the underground storage tank excess liability trust fund if the transferee pays past due fees of the transferor in certain circumstances.

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