§ 13-23-13-1 — Issuance of orders or corrective actions

(a) Subject to subsections (b)(1) and (d), the
commissioner may, under rules adopted under IC 13-23-1-2:
(1) issue an order under IC 13-14-2-7 or IC 4-21.5-4; or
(2) proceed under IC 13-14-2-6;
to require the owner or operator of an underground storage tank or
aboveground storage tank to undertake corrective action with respect
to any release of a regulated substance.
(b) Except as provided in subsection (d), the commissioner may not,
with respect to a release of petroleum from an underground storage
tank or aboveground storage tank:
(1) take action under subsection (a); or
(2) if a reportable quantity of the released petroleum remains or
may remain underground at the site of the underground storage
tank or aboveground storage tank:
(A) request that the owner or operator of the underground
storage tank or aboveground storage tank execute a restrictive
covenant (as defined in IC 13-11-2-193.5) applying to the site
of the underground storage tank or aboveground storage tank;
(B) make a determination of no further action being required at
the site of the underground storage tank or aboveground storage
tank; or
(C) approve closure, or its equivalent, of the site of the
underground storage tank or aboveground storage tank;
unless the commissioner has received and reviewed the initial site
characterization of the site of the release or an alternative evaluation is
prepared for submittal to the commissioner in accordance with
subsection (c).
(c) When necessary and feasible as determined by a qualified
environmental professional, an initial site characterization shall
include:
(1) site-specific geologic information obtained from a minimum
of three (3) continuously sampled soil borings; and
(2) hydrogeologic information, including depth to ground water
and ground water flow directions and gradients, obtained from a
minimum of three (3) monitoring wells screened across the water
table.
A qualified environmental professional, on behalf of the owner or
operator of an underground storage tank or an aboveground storage
tank from which there has been a release of petroleum, may submit for
approval by the commissioner an alternative procedure for initial site
characterization and request a waiver of the requirements in this
subsection. The commissioner may approve the request for a waiver
and alternative procedure only if the alternative procedure provides
substantially equal protection for human health and the environment.
If an initial site characterization does not define the nature and extent
of the contaminant plume, additional investigation shall be performed
when necessary and feasible as determined by a qualified
environmental professional.
(d) The commissioner may take action under subsection (a) without
having received and reviewed the initial site characterization if the
commissioner reasonably believes that the release from the
underground storage tank or aboveground storage tank creates a threat
to human health or the environment sufficient to necessitate action
under subsection (a) before the initial site characterization is submitted
to the department.
(e) If the commissioner:
(1) requires corrective action under subsection (a); and
(2) determines that the corrective action will be done properly and
promptly by the owner or operator of the underground storage
tank or aboveground storage tank from which the release occurs;
the commissioner may enter into an agreed order with the owner or
operator to implement necessary corrective action.
[Pre-1996 Recodification Citation: 13-7-20-19(a).]

Legislative History

As added by P.L.1-1996, SEC.13. Amended by P.L.176-2023, SEC.50.