The State of Indiana 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