§ 13-11-2-150 — "Owner"

Indiana § 13-11-2-150

• Jurisdiction: Indiana
• Art. 11: DEFINITIONS

Text

(a) "Owner", for purposes of IC 13-23
(except as provided in subsections (b), (c), (d), (e), (f) and (g)) means:
(1) for an underground storage tank or aboveground storage tank
that:
(A) was:
(i) in use on November 8, 1984; or
(ii) brought into use after November 8, 1984;
for the storage, use, or dispensing of regulated substances, a
person who owns the underground storage tank or aboveground
storage tank or the real property that is the underground storage
tank site or aboveground storage tank site, or both; or
(B) was:
(i) in use before November 8, 1984; but
(ii) no longer in use on November 8, 1984;
a person who owned the tank immediately before the
discontinuation of the tank's use; or
(2) a person who conveyed ownership or control of the
underground storage tank or aboveground storage tank to a
political subdivision (as defined in IC 36-1-2-13) or unit of
federal or state government because of:
(A) bankruptcy;
(B) foreclosure;
(C) tax delinquency, including a conveyance under IC 6-1.1-24
or IC 6-1.1-25;
(D) abandonment;
(E) the exercise of eminent domain, including any purchase of
property once an offer to purchase has been tendered under IC 32-24-1-5;
(F) receivership;
(G) acquiring an area needing redevelopment (as defined in IC 36-7-1-3) or conducting redevelopment activities, specifically
under IC 36-7-14-22.2, IC 36-7-14-22.5, IC 36-7-15.1-15.1, IC 36-7-15.1-15.2, and IC 36-7-15.1-15.5;
(H) other circumstances in which a political subdivision or unit
of federal or state government involuntarily acquired ownership
or control because of the political subdivision's or unit's
function as sovereign; or
(I) any other means to conduct remedial actions on a
brownfield;
if the person was a person described in subdivision (1)
immediately before the person conveyed ownership or control of
the underground storage tank or aboveground storage tank.
(b) "Owner", for purposes of IC 13-23-13, does not include a person
who:
(1) does not participate in the management of an underground
storage tank or aboveground storage tank;
(2) is otherwise not engaged in the:
(A) production;
(B) refining; and
(C) marketing;
of regulated substances; and
(3) holds indicia of ownership primarily to protect the owner's
security interest in the tank.
(c) "Owner", for purposes of IC 13-23, does not include a person
that is a lender that did not participate in management of an
underground storage tank or aboveground storage tank before
foreclosure, notwithstanding that the person:
(1) forecloses on the underground storage tank or aboveground
storage tank; and
(2) after foreclosure, sells, re-leases (in the case of a lease finance
transaction), or liquidates the underground storage tank or
aboveground storage tank, maintains business activities, winds up
operations, undertakes a response action under Section 107(d)(1)
of CERCLA (42 U.S.C. 9607(d)(1)) or under the direction of an
on-scene coordinator appointed under the National Contingency
Plan with respect to the underground storage tank or aboveground
storage tank, or takes any other measure to preserve, protect, or
prepare the underground storage tank or aboveground storage
tank prior to sale or disposition;
if the person seeks to sell, re-lease (in the case of a lease finance
transaction), or otherwise divest the person of the underground storage
tank or aboveground storage tank at the earliest practicable,
commercially reasonable time, on commercially reasonable terms,
taking into account market conditions and legal and regulatory
requirements.
(d) "Owner", for purposes of IC 13-23, does not include a political
subdivision (as defined in IC 36-1-2-13) or unit of federal or state
government that acquired ownership or control of an underground
storage tank or aboveground storage tank because of:
(1) bankruptcy;
(2) foreclosure;
(3) tax delinquency, including an acquisition under IC 6-1.1-24 or
IC 6-1.1-25;
(4) abandonment;
(5) the exercise of eminent domain, including any purchase of
property once an offer to purchase has been tendered under IC 32-24-1-5;
(6) receivership;
(7) transfer from another political subdivision or unit of federal or
state government;
(8) acquiring an area needing redevelopment (as defined in IC 36-7-1-3) or conducting redevelopment activities, specifically
under IC 36-7-14-22.2, IC 36-7-14-22.5, IC 36-7-15.1-15.1, IC 36-7-15.1-15.2, and IC 36-7-15.1-15.5;
(9) other circumstances in which the political subdivision or unit
of federal or state government involuntarily acquired ownership
or control because of the political subdivision's or unit's function
as sovereign; or
(10) any other means to conduct remedial actions on a
brownfield;
unless the political subdivision or unit of federal or state government
causes or contributes to the release or threatened release of a regulated
substance, in which case the political subdivision or unit of federal or
state government is subject to IC 13-23 in the same manner and to the
same extent as a nongovernmental entity under IC 13-23.
(e) "Owner", for purposes of IC 13-23, does not include a nonprofit
corporation that acquired ownership or control of an underground
storage tank or aboveground storage tank to assist and support a
political subdivision's revitalization and reuse of a brownfield for
noncommercial purposes, including conservation, preservation, and
recreation, unless the nonprofit corporation causes or contributes to the
release or threatened release of a regulated substance, in which case the
nonprofit corporation is subject to IC 13-23 in the same manner and to
the same extent as any other nongovernmental entity under IC 13-23.
(f) "Owner" does not include a person that after June 30, 2009,
meets, for purposes of the determination under IC 13-23-13 of liability
for a release from an underground storage tank or aboveground storage
tank, the exemption criteria under Section 107(q) of CERCLA (42
U.S.C. 9607(q)) that apply for purposes of the determination of liability
for a release of a hazardous substance.
(g) "Owner" does not include a person that meets, for purposes of
the determination under IC 13-23-13 of liability for a release from an
underground storage tank or aboveground storage tank, the exemption
criteria under Section 107(r) of CERCLA (42 U.S.C. 9607(r)) that
apply for purposes of the determination of liability for a release of a
hazardous substance, except that the person acquires ownership of the
facility after June 30, 2009.
[Pre-1996 Recodification Citations: subsection (a) formerly
13-7-20-4; subsection (b) formerly 13-7-20-24.]

Legislative History

As added by P.L.1-1996, SEC.1. Amended by P.L.208-2005, SEC.10; P.L.221-2007, SEC.4; P.L.78-2009, SEC.6; P.L.159-2011, SEC.5; P.L.176-2023, SEC.22.