January 30, 2004
HOUSE BILL No. 1017
_____
DIGEST OF HB 1017
(Updated January 28, 2004 3:57 pm - DI 69)
Citations Affected: IC 13-23.
Synopsis: Underground storage tank penalties. Prohibits a penalty
from being assessed against the owner of an underground storage tank
for: (1) failing to register the tank; or (2) any failure to pay an annual
registration fee in connection with the tank due before January 1, 2004,
if the owner registered the tank before January 1, 2004.
Effective: July 1, 2004.
Grubb, Wolkins, Bottorff
December 4, 2003, read first time and referred to Committee on Environmental Affairs.
January 29, 2004, amended, reported _ Do Pass.
January 30, 2004
Second Regular Session 113th General Assembly (2004)
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
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2003 Regular Session of the General Assembly.
HOUSE BILL No. 1017
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 13-23-12-7; (04)HB1017.1.1. -->
SECTION 1. IC 13-23-12-7, AS AMENDED BY P.L.14-2001,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 7. (a)
Except as provided in subsection (e), an
owner of an underground storage tank who:
(1) is required to pay the fee under section 1 of this chapter; and
(2) fails to pay the fee when due as established under section 2 of
this chapter;
shall be assessed a penalty of not more than two thousand dollars
($2,000) per underground storage tank for each year that passes after
the fee becomes due and before the fee is paid.
(b) Except as provided in subsection (c), each penalty assessed
under this section and collected from the owner of an underground
petroleum storage tank shall be deposited as follows:
(1) Fifty percent (50%) shall be deposited in the petroleum trust
fund.
(2) Fifty percent (50%) shall be deposited in the excess liability
trust fund.
(c) Penalties assessed under this section and collected from owners
of underground storage tanks used to contain regulated substances
other than petroleum shall be deposited in the hazardous substances
response trust fund.
(d) The penalty set forth in this section is in addition to the penalties
that may be imposed 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 13-30-6.
(7) 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:
(1) failing to register the underground storage tank; or
(2) any failure to pay an annual registration fee under section
1 of this chapter:
(A) in connection with the underground storage tank; and
(B) that was due before January 1, 2004.