storage tank program; exceptions Sec. 3. (a) Except as provided in subsection (b), a person who violates: (1) a requirement or standard set forth in this article; or (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 or aboveground 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 or aboveground storage tank that is on a brownfield; (2) the person was not the owner or operator of the underground storage tank or aboveground storage tank when the violation first occurred; (3) the person does not dispense a regulated substance into or from the underground storage tank or aboveground storage 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 or aboveground 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; P.L.176-2023, SEC.63.
IC 13-23-14-4 Noncompliance with orders Sec. 4. (a) A person who fails to comply with an order issued by the commissioner under this article or IC 13-7-20 (before its repeal) after the order becomes effective is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each day of continued noncompliance. (b) It is a defense to a violation of this section due to noncompliance with an order issued under IC 13-23-1-4 that the person has not been notified that an underground storage tank or aboveground storage tank that is the subject of the order is ineligible for delivery, deposit, or acceptance of a regulated substance as determined by the commissioner. [Pre-1996 Recodification Citation: 13-7-20-27(c).] As added by P.L.1-1996, SEC.13. Amended by P.L.38-2012, SEC.7; P.L.176-2023, SEC.64.