Indiana § 13-23-13-12 Duty of owner or operator to furnish information, conduct testing, or
permit access; right of entry

Indiana Statutes

§ 13-23-13-12 — Duty of owner or operator to furnish information, conduct testing, or permit access; right of entry

Indiana § 13-23-13-12

Art. 23UNDERGROUND STORAGE TANKS

Ch. 13Corrective Actions

This text of Indiana § 13-23-13-12 (Duty of owner or operator to furnish information, conduct testing, or permit access; right of entry) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 13-23-13-12 (2026).

Text

(a)For the purpose of enabling the commissioner to take or to assess the need for corrective action under this chapter or to enforce this article, an owner or operator of an underground storage tank or aboveground storage tank, upon the request of an officer, an employee, or a designated representative of the department, shall do the following:

(1)Furnish information relating to the:

(A)underground storage tank;

(B)aboveground storage tank; or

(C)associated equipment or contents.

(2)Conduct monitoring or testing of the underground storage tank or aboveground storage tank, including associated equipment or contents.

(3)Conduct monitoring or testing of soils, air, surface water, or ground water surrounding the underground storage tank or aboveground storage tank if:

(A)tank testing,

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(a) For the purpose of enabling the
commissioner to take or to assess the need for corrective action under
this chapter or to enforce this article, an owner or operator of an
underground storage tank or aboveground storage tank, upon the
request of an officer, an employee, or a designated representative of the
department, shall do the following:
(1) Furnish information relating to the:
(A) underground storage tank;
(B) aboveground storage tank; or
(C) associated equipment or contents.
(2) Conduct monitoring or testing of the underground storage tank
or aboveground storage tank, including associated equipment or
contents.
(3) Conduct monitoring or testing of soils, air, surface water, or
ground water surrounding the underground storage tank or
aboveground storage tank if:
(A) tank testing, using methods that are applicable to but not in
excess of federal standards, confirms a release of regulated
substance; or
(B) other evidence exists that gives cause for reasonable
suspicion that a release has occurred.
(4) Permit, at all reasonable times, the officer, employee, or
designated representative to have access to and to copy all records
relating to the underground storage tank or aboveground storage
tank.
(5) Permit the officer, employee, or designated representative to
have access for corrective action.
(b) For the purposes set forth in subsection (a), an officer, an
employee, or a designated representative of the department may enter
at reasonable times any establishment or other place where an
underground storage tank or aboveground storage tank is located or
where a regulated substance may be present due to a release from an
underground storage tank or aboveground storage tank to do the
following:
(1) Inspect and obtain samples from any person of any regulated
substances contained in the underground storage tank or
aboveground storage tank.
(2) Conduct monitoring or testing of:
(A) the underground storage tank;
(B) the aboveground storage tank;
(C) associated equipment or contents; or
(D) surrounding:
(i) soils;
(ii) air;
(iii) surface water; or
(iv) ground water.
(3) Take corrective action under section 2 of this chapter.
(c) Every action authorized by this section shall be commenced and
completed with reasonable promptness.
[Pre-1996 Recodification Citation: 13-7-20-28.]