CHAPTER 1. ESTABLISHMENT OF UNDERGROUND STORAGE TANK RELEASE DETECTION, PREVENTION, AND CORRECTION PROGRAM
IC 13-23
ARTICLE 23. UNDERGROUND STORAGE TANKS
IC 13-23-1
Chapter 1. Establishment of Underground Storage Tank Release
Detection, Prevention, and Correction Program
IC 13-23-1-1
Establishment and operation of program
Sec. 1. (a) The department shall establish and operate an
underground storage tank release detection, prevention, and
correction program under this article according to rules adopted by
the solid waste management board.
(b) The department may contract with another state agency to
jointly operate the program under a memorandum of agreement that:
(1) may be amended;
(2) must contain the specific duties of the department and the
contracting agency; and
(3) is available to the public for inspection.
As added by P.L.1-1996, SEC.13. Amended by P.L.131-1997, SEC.2.
IC 13-23-1-2
Rules
Sec. 2. (a) The board shall adopt rules under IC 4-22-2 and
IC 13-14-8 for the establishment and operation of the program
established under section 1 of this chapter.
(b) The rules must not be less stringent than the regulations
adopted by the Administrator of the United States Environmental
Protection Agency under Section 9003 of the federal Solid Waste
Disposal Act, as amended (42 U.S.C. 6991b, as amended).
(c) The rules adopted under subsection (a) must include the
following:
(1) Requirements for maintaining:
(A) a leak detection system;
(B) an inventory control system coupled with tank testing; or
(C) a comparable system or method;
designed to identify releases in a manner consistent with the
protection of human health and the environment.
(2) Requirements for maintaining records of any:
(A) monitoring;
(B) leak detection system;
(C) inventory control system or tank testing; or
(D) comparable system.
(3) Requirements for reporting of:
(A) any releases; and
(B) corrective action taken in response to a release.
(4) Requirements for ordering or taking corrective action in
response to a release.
(5) Requirements for closure of underground storage tanks to
prevent future releases of regulated substances into the
environment.
(6) Requirements for maintaining evidence of financial
responsibility for:
(A) taking corrective action; and
(B) compensating third parties for bodily injury and property
damage caused by sudden and nonsudden accidental releases
arising from the operation of an underground storage tank.
(7) Standards of performance for new underground storage
tanks.
(8) Requirements for the following:
(A) Providing notice to the department of the existence of
operational and nonoperational underground storage tanks,
as required under 42 U.S.C. 6991a(a).
(B) Providing the information required on the form
prescribed under 42 U.S.C. 6991a(b)(2).
(C) Providing notice, by any person who sells a tank
intended to be used as an underground storage tank, to the
purchaser of that tank of the owner's notification
requirements established by this article and 42 U.S.C.
6991a(a).
As added by P.L.1-1996, SEC.13.