§ 13-24-1-6 — Enforcement; testing; facility site right of entry; inspection; reasonable promptness

Indiana § 13-24-1-6

• Jurisdiction: Indiana
• Art. 24: PETROLEUM
• Ch. 1: Petroleum Releases

Text

(a) To allow the commissioner to take or to
assess the need for removal or remedial action under section 1, 2, or 3
of this chapter or to enforce this chapter, an owner, an operator, or a
responsible party of a facility, upon the request of an officer, an
employee, or a designated representative of the department, shall:
(1) furnish information relating to the facility or the facility's
associated equipment or contents;
(2) conduct testing of the facility or the facility's associated
equipment or contents;
(3) conduct testing of:
(A) soils;
(B) air;
(C) surface water; or
(D) ground water;
surrounding the facility if the testing, using methods that are
similar to but do not exceed federal standards, confirms a release
of petroleum, or if other evidence exists that gives cause for
reasonable suspicion that a release has occurred;
(4) allow, at reasonable times, the officer, employee, or
designated representative to have access to and to copy records
that relate to the release at the facility; and
(5) allow the officer, employee, or designated representative to
have access for response, removal, or remedial action under
section 2 of this chapter.
(b) For the reasons described under subsection (a), an officer, an
employee, or a designated representative of the department may enter,
at reasonable times, a site where a facility is located or where
petroleum may be present because of a release from a facility to do the
following:
(1) Inspect and obtain samples of petroleum contained in the
facility from any person.
(2) Conduct testing of:
(A) the facility;
(B) the facility's associated equipment or contents; or
(C) surrounding:
(i) soils;
(ii) air;
(iii) surface water; or
(iv) ground water.
(3) Take removal or remedial action under section 2 of this
chapter.
(c) An action authorized under this section shall be commenced and
completed with reasonable promptness.
[Pre-1996 Recodification Citation: 13-7-20.1-11.]

Legislative History

As added by P.L.1-1996, SEC.14.