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Sec. 4. (a) This section shall be enforced under IC 4-21.5-4.
(b) To fully implement the delivery prohibition program requirements under 42 U.S.C. 6991k, the commissioner may do the following:
(1) Determine whether an underground storage tank is eligible for delivery, deposit, or acceptance of a regulated substance.
(2) Issue a temporary order to prohibit the use of an underground storage tank that has been determined to be ineligible under subdivision (1), and demand compliance with the rules adopted under this chapter as follows:
(A) If an underground storage tank inspection shows failure to install equipment for:
(i) corrosion protection;
(ii) leak detection;
(iii) overfill protection; or
(iv) spill prevention.
The commissioner must give the owner or operator written notice before implementing a temporary order under this clause.
(B) If the owner or operator fails to properly operate or maintain equipment for corrosion protection, leak detection, overfill protection, and spill prevention. The commissioner must give the owner or operator:
(i) a written warning; and
(ii) at least thirty (30) days to take corrective action to bring the underground storage tank into compliance.
(C) If the owner or operator fails to register an underground petroleum storage tank or pay annual registration fees that are due under IC 13-23-12. The commissioner must give the owner or operator at least thirty (30) days to take corrective action to bring the underground storage tank into compliance.
(3) Reissue a temporary order to prohibit the use of an underground storage tank under this section if the tank remains ineligible for delivery, deposit, or acceptance of a regulated substance when the initial order issued under subdivision (2) expires. The requirements to give the owner or operator a written warning and a thirty (30) day corrective action grace period under subdivision (2)(B) do not apply to the reissuance of an order under this subdivision.
(4) Require the closure of an underground storage tank that is subject to delivery prohibition under 42 U.S.C. 6991k and this section if:
(A) the owner or operator has failed to complete the corrective actions required to comply with an order issued under this section; and
(B) the underground storage tank has been the subject of:
(i) one (1) temporary order under subdivision (2) prohibiting the use of the underground storage tank; and
(ii) at least two (2) consecutive actions by the commissioner under subdivision (3) reissuing the order prohibiting the use of the underground storage tank.
(c) If ownership of an ineligible underground storage tank is transferred, the new owner must complete the corrective actions required to comply with an order issued by the commissioner to the previous owner.
Cite this article: FindLaw.com - Indiana Code Title 13. Environment § 13-23-1-4 - last updated June 08, 2021 | https://codes.findlaw.com/in/title-13-environment/in-code-sect-13-23-1-4.html
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