§ 13-23-1-4 — Delivery prohibition program

(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.

Legislative History

As added by P.L.38-2012, SEC.3. Amended by P.L.5-2015, SEC.40; P.L.166-2018, SEC.1.