Indiana § 13-23-4-5 Suspension of enforcement of financial responsibility requirements

Indiana Statutes

§ 13-23-4-5 — Suspension of enforcement of financial responsibility requirements

Indiana·Art. 23 UNDERGROUND STORAGE TANKS·Ch. 4 Financial Responsibility

(a)The commissioner, upon the application of any affected person or in the absence of any application, may suspend enforcement of the financial responsibility requirements for a particular class or category of underground storage tanks if the commissioner determines that the following conditions exist:

(1)The methods of financial responsibility satisfying the requirements of this article are not generally available for underground storage tanks in that class or category.

(2)Steps are being taken:

(A)to form a risk retention group for the class or category; or

(B)to establish a fund under Section 9004(c)(1) of the federal Solid Waste Disposal Act, as amended (42 U.S.C. 6991c(c)(1), as amended), to be submitted as evidence of financial responsibility.

(b)A suspension of enforcement und

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(a) The commissioner, upon the application of
any affected person or in the absence of any application, may suspend
enforcement of the financial responsibility requirements for a particular
class or category of underground storage tanks if the commissioner
determines that the following conditions exist:
(1) The methods of financial responsibility satisfying the
requirements of this article are not generally available for
underground storage tanks in that class or category.
(2) Steps are being taken:
(A) to form a risk retention group for the class or category; or
(B) to establish a fund under Section 9004(c)(1) of the federal
Solid Waste Disposal Act, as amended (42 U.S.C. 6991c(c)(1),
as amended), to be submitted as evidence of financial
responsibility.
(b) A suspension of enforcement under this section may not exceed
one hundred eighty (180) days. Following a suspension of enforcement
under this section, the commissioner may suspend enforcement for
additional successive periods of not more than one hundred eighty
(180) days if:
(1) the commissioner determines that substantial progress has
been made in establishing a risk retention group; or
(2) the owners or operators of underground storage tanks in the
class or category demonstrate to the satisfaction of the
commissioner that:
(A) the formation of a risk retention group is not possible; and
(B) the state is unable or unwilling to establish a fund as
described in subsection (a)(2)(B).
(c) A determination to suspend enforcement of the financial
responsibility requirements for a particular class or category of
underground storage tanks under subsection (a) or (b) may not be
effective until the Administrator of the United States Environmental
Protection Agency has made the same determination under Section
9003(d)(5)(D) of the federal Solid Waste Disposal Act, as amended (42
U.S.C. 6991b(d)(5)(D), as amended), with respect to the same class or
category of underground storage tanks.
[Pre-1996 Recodification Citation: 13-7-20-16.]

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