Sec. 3. (a) Except as provided in subsection (b), a person who violates:

(1) a requirement or standard set forth in this article; or

Terms Used In Indiana Code 13-23-14-3

(2) a rule adopted under IC 13-23-1-2 other than a violation described in section 2 of this chapter;

is subject to a civil penalty of not more than ten thousand dollars ($10,000) per underground storage tank for each day of violation.

     (b) A person is not subject to the civil penalty described in subsection (a) if:

(1) the violation arose from an underground storage tank that is on a brownfield;

(2) the person was not the owner or operator of the underground storage tank when the violation first occurred;

(3) the person does not dispense a regulated substance into or from the underground tank:

(A) for any purpose other than temporary or permanent closure; or

(B) in violation of any federal, state, or local regulations; and

(4) the underground storage tank is brought into compliance with this article not later than one (1) year after the person acquired ownership of the property.

[Pre-1996 Recodification Citation: 13-7-20-27(b).]

As added by P.L.1-1996, SEC.13. Amended by P.L.122-1999, SEC.2 and P.L.119-1999, SEC.14.