§ 13-25-2-10 — Filing of emergency and hazardous chemical inventory form with commission

(a) On or after January 1 and before March
1 of each year, a facility that is required to prepare or have available a
material safety data sheet for a hazardous chemical under the federal
Occupational Safety and Health Act (29 U.S.C. 651 through 658) and
regulations adopted under the Act shall submit the following to the
commission:
(1) A tier II emergency and hazardous chemical inventory form
containing the information required by section 9 of this chapter.
(2) A fee in the amount established by section 10.4 of this
chapter. This fee shall be deposited in the local emergency
planning and right to know fund established in section 10.5 of this
chapter.
The tier II inventory form must contain data with respect to the
preceding calendar year, and the inventory form and the fee shall be
submitted in the form and manner established by the commission.
(b) The commission shall make the tier II emergency and hazardous
chemical inventory form information provided to the commission by a
facility under subsection (a)(1) available to the following:
(1) The appropriate local emergency planning committee.
(2) The fire department that has jurisdiction over the facility.
(c) Upon the request of:
(1) a local emergency planning committee; or
(2) a fire department with jurisdiction over a facility;
the owner or operator of a facility that is required to prepare or have
available a material safety data sheet for a hazardous chemical under
the federal Occupational Safety and Health Act (29 U.S.C. 651 through
658) and regulations adopted under the Act shall provide the tier II
emergency and hazardous chemical inventory form information to the
person making the request. A request must be made with respect to a
specific facility.
(d) A state or local official acting in the official's capacity may have
access to information on the tier II emergency and hazardous chemical
inventory forms by submitting a request to the commission or a local
emergency planning committee. If the commission or the emergency
planning committee does not already possess the requested
information, upon receipt of a request for tier II emergency and
hazardous chemical inventory form information, the commission or
committee shall request the facility owner or operator to provide the
tier II emergency and hazardous chemical inventory form information.
The commission or the local emergency planning committee shall
make the information available to the official.
(e) A person may make a request to the commission or a local
emergency planning committee for tier II emergency and hazardous
chemical inventory form information relating to the preceding year
with respect to a facility. The request must be in writing and must be
made with respect to a specific facility.
(f) Any tier II emergency and hazardous chemical inventory form
information that the commission or a local emergency planning
committee possesses shall be made available to a person making a
request under this section in accordance with section 14 of this chapter.
If the commission or local emergency planning committee does not
possess the tier II emergency and hazardous chemical inventory form
information requested, the commission or local emergency planning
committee shall request the facility owner or operator to:
(1) provide the tier II emergency and hazardous chemical
inventory form information with respect to a hazardous chemical
that a facility has stored in an amount of at least ten thousand
(10,000) pounds present at the facility at any time during the
preceding year; and
(2) make the information available in accordance with section 14
of this chapter;
to the person making the request.
(g) For tier II emergency and hazardous chemical inventory form
information that is not in the possession of the commission or a local
emergency planning committee with respect to a hazardous chemical
that a facility has stored in an amount that is less than ten thousand
(10,000) pounds at the facility at any time during the preceding year,
a request from a person must include a statement specifying the general
need for the information. The commission or local emergency planning
committee may request the facility owner or operator for the tier II
emergency and hazardous chemical inventory form information on
behalf of the person making the request. Upon receipt of any
information requested on behalf of the person, the commission or local
emergency planning committee shall make the information available
in accordance with section 14 of this chapter to the person.
(h) The commission or a local emergency planning committee shall
respond to a request for tier II emergency and hazardous chemical
inventory form information under this section not later than seven (7)
days after the date the request is received.
(i) The following provisions apply to the fee required by subsection
(a)(2):
(1) A facility that is subject to the fee required by subsection
(a)(2) that fails to pay the entire fee by March 1 of each year shall
pay to the commission a late fee of twenty dollars ($20) in
addition to the fee payable under subsection (a)(2). This late fee
shall increase by twenty dollars ($20) for each month that the
required fee is not paid. This late fee shall never exceed one
hundred percent (100%) of the fee required by subsection (a)(2).
(2) If a payment is made by bank draft, check, cashier's check,
electronic check, or money order, the liability is not finally
discharged and the person has not paid the fee until the draft,
check, or money order has been honored by the institution on
which it is drawn. If the payment is made by credit card, debit
card, charge card, or similar method, the liability is not finally
discharged and the person has not paid the fee until the
commission receives payment or credit from the institution
responsible for making the payment or credit.
(3) If a financial institution reports that it dishonors or rejects a
person's check, credit card payment, electronic funds transfer, or
other form of payment, the commission shall assess and collect
the fees and charges authorized in IC 35-43-5, if applicable, in
addition to the applicable late fee assessed under subdivision (1).
If the person subject to the penalty under this subsection can show
that there is reasonable cause for the payment not being honored,
the commission may waive the fees and charges imposed under
this subsection.
[Pre-1996 Recodification Citation: 13-7-37-16(f), (g), (h),
(i), (j), (k), (l).]

Legislative History

As added by P.L.1-1996, SEC.15. Amended by P.L.85-2015, SEC.12; P.L.174-2021, SEC.14.