HOUSE BILL No. 1192
DIGEST OF INTRODUCED BILL
Citations Affected: IC 13-11-2-244.3; IC 13-23.
Synopsis: Notice of underground storage tank leaks. Requires notice
to affected or potentially affected property owners of a release of a
contaminant from an underground storage tank system.
Effective: July 1, 2007.
January 11, 2007, read first time and referred to Committee on Environmental Affairs.
First Regular Session 115th General Assembly (2007)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1192
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 13-11-2-244.3; (07)IN1192.1.1. -->
SECTION 1. IC 13-11-2-244.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 244.3. "UST system", for
purposes of IC 13-23, has the meaning set forth in 329 IAC 9-1-49,
as in effect on January 1, 2007.
SOURCE: IC 13-23-14-2; (07)IN1192.1.2. -->
SECTION 2. IC 13-23-14-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a) A person who
violates a rule adopted under IC 13-23-1-2 by:
(1) knowingly failing to give a required notification; or
(2) submitting false information;
is subject to a civil penalty of not more than ten thousand dollars
($10,000) for each underground storage tank for which a required
notification is not given or for which false information is submitted.
(b) A person who violates IC 13-23-16 as described in
IC 13-23-16-5 is subject to a civil penalty of not more than ten
thousand dollars ($10,000) for each incident with respect to a UST
system for which:
(1) a required notice is not given; or
(2) false information is submitted.
SOURCE: IC 13-23-16; (07)IN1192.1.3. -->
SECTION 3. IC 13-23-16 IS ADDED TO THE INDIANA CODE
AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]:
Chapter 16. Notice to Property Owners
Sec. 1. A citation in this chapter to a rule refers to the rule as in
effect on January 1, 2007.
Sec. 2. This chapter applies to a person required to report:
(1) the discovery of released regulated substances at an
underground storage tank site or in the surrounding area
under 329 IAC 9-4-1(1); or
(2) a spill or overfill under 329 IAC 9-4-4(a).
Sec. 3. A person must give notice of the release, spill, or overfill
referred to in section 2 of this chapter to the owner of a parcel of
real property if the person:
(1) knows or has reasonable cause to believe that the released,
spilled, or overfilled substance has migrated to the parcel; or
(2) has reasonable cause to believe that the released, spilled,
or overfilled substance will migrate to the parcel.
Sec. 4. The notice required under this chapter must:
(1) be made by certified mail;
(2) be postmarked not later than ten (10) days after the
deadline for the report to the department under 329
IAC 9-4-1(1) or 329 IAC 9-4-4(a); and
(A) the same information reported to the department
under 329 IAC 9-4-1(1) or 329 IAC 9-4-4(a); and
(B) a statement of the grounds for the knowledge or belief
referred to in section 3 of this chapter.
Sec. 5. A person who violates this chapter by:
(1) failing to give; or
(2) submitting false information in;
the notice required by this chapter is subject to a civil penalty
under IC 13-23-14-2.