§ 13-25-2-6 — Notice of release of substances

Indiana § 13-25-2-6

• Jurisdiction: Indiana
• Art. 25: HAZARDOUS SUBSTANCES
• Ch. 2: Emergency Planning and Notification

Text

(a) This section does not apply to any release
that results in exposure to persons solely within the site or sites on
which a facility is located.
(b) If:
(1) a release of an extremely hazardous substance occurs from a
facility at which a hazardous chemical is produced, used, or
stored; and
(2) the release requires a notification under 42 U.S.C. 9603(a);
the owner or operator of the facility shall immediately provide notice
as described in section 7 of this chapter.
(c) If a release of an extremely hazardous substance that is on the
list referred to in section 2 of this chapter occurs from a facility at
which a hazardous chemical is produced, used, or stored and the
release is not subject to the notification requirements under 42 U.S.C.
9603(a), the owner or operator of the facility shall immediately provide
notice as described in section 7 of this chapter if the release:
(1) is not a federally permitted release (as defined in 42 U.S.C.
9601(10));
(2) is in an amount that exceeds a quantity that the administrator
has determined by regulation requires notice; and
(3) occurs in a manner that would require notification under 42
U.S.C. 9603(a).
(d) If a release of a substance that is not on the list referred to in
section 2 of this chapter occurs at a facility at which a hazardous
chemical is produced, used, or stored, and the release requires
notification under 42 U.S.C. 9603(a), the owner or operator shall
provide notice as follows:
(1) If a reportable quantity has been established for the substance
under 42 U.S.C. 9602(a), the owner or operator shall provide the
notice as described in section 7 of this chapter.
(2) If a reportable quantity has not been established for the
substance under 42 U.S.C. 9602(a), the owner or operator shall
provide the notice as described in section 7 of this chapter for any
release of at least one (1) pound of the substance.
[Pre-1996 Recodification Citation: 13-7-37-13.]

Legislative History

As added by P.L.1-1996, SEC.15.