Public Law 19-2012 (IN)

P.L. 19-2012; S.E.A. 168; Effective July 1, 2012

This act allows the state to impose a lien on the property of an owner or operator of underground storage tanks for failing to pay statutory fees. The lien secures the payment to the state in the equal amount of the fees due. Before the lien is imposed, the state must give a 30 day written notice to the owner of record if identifiable; if not identifiable, notice must be given to the tenant, operator, or other person controlling the property. The state can perfect the lien by recording it with the county recorder in which the property is located, but it may do so earlier than 30 days after notice is received.

The act also added subsection (e)(2) to IC 13-23-8-4. This statute lists the circumstances by which owners and operators of underground storage tanks may receive money from the excess liability trust fund for substantial compliance with statutory requirements. Subsection (e)(2) expands the circumstances where a transferee may be eligible to receive money from the fund. Previously, transferees were limited to receiving funds only where the transferor was eligible to receive money.

The new language allows a transferee to receive funds if the transferee acquired ownership of an underground petroleum storage tank as the result of a bona fide, good faith arm’s-length transaction, where the transferor failed to pay fees but the department failed to record a lien against the property under IC 13-27-7-10. Transferees may also be eligible if they pay all applicable tank fees and settle up any past due fees and interest not more than 30 days after receiving notice of the indebtedness.

Statute(s): 
IC 13-23-8-4; New Section 13-23-7-10
Bill Number: 
S.E.A. 168
Public Act or Public Law Number: 
P.L. 19-2012
By: ATG Underwriting Department | Posted on: Wed, 10/10/2012 - 9:46am