Indiana § 13-23-13-1 - Issuance of orders or corrective actions

§ 13-23-13-1. Issuance of orders or corrective actions

Sec. 1. (a) Subject to subsections (b)(1) and (e), the commissioner may, under rules adopted under IC 13-23-1-2:

(1) issue an order under IC 13-14-2-7 or IC 4-21.5-4; or

(2) proceed under IC 13-14-2-6;

to require the owner or operator of an underground storage tank or aboveground storage tank to undertake corrective action with respect to any release of a regulated substance.

(b) Except as provided in subsection (e), the commissioner may not, with respect to a release of petroleum from an underground storage tank or aboveground storage tank:

(1) take action under subsection (a); or

(2) if a reportable quantity of the released petroleum remains or may remain underground at the site of the underground storage tank or aboveground storage tank:

(A) request that the owner or operator of the underground storage tank or aboveground storage tank execute a restrictive covenant (as defined in IC 13-11-2-193.5) applying to the site of the underground storage tank or aboveground storage tank;

(B) make a determination of no further action being required at the site of the underground storage tank or aboveground storage tank; or

(C) approve closure, or its equivalent, of the site of the underground storage tank or aboveground storage tank;

unless all of the requirements under subjection (c) are met.

(c) The following must occur before an action described in subsection (b)(1) or (b)(2) is taken:

(1) Either:

(A) the commissioner has received and reviewed the initial site characterization of the site of the release; or

(B) an alternative evaluation is prepared for submittal to the commissioner in accordance with subsection (d).

(2) The commissioner has received and reviewed an evaluation of potential remedial activities to achieve remedial objectives. The evaluation must include:

(A) closure options, environmental deed restrictions, and remediation methods to achieve a no further action determination; and

(B) estimated costs and time frames sufficient for the commissioner to evaluate the adequacy of the proposed response.

However, an evaluation under subdivision (2) is not required if the site is administered by the Indiana Finance Authority.

(d) When necessary and feasible as determined by a qualified environmental professional, an initial site characterization shall include:

(1) site-specific geologic information obtained from a minimum of three (3) continuously sampled soil borings; and

(2) hydrogeologic information, including depth to ground water and ground water flow directions and gradients, obtained from a minimum of three (3) monitoring wells screened across the water table.

A qualified environmental professional, on behalf of the owner or operator of an underground storage tank or an aboveground storage tank from which there has been a release of petroleum, may submit for approval by the commissioner an alternative procedure for initial site characterization and request a waiver of the requirements in this subsection. The commissioner may approve the request for a waiver and alternative procedure only if the alternative procedure provides substantially equal protection for human health and the environment. If an initial site characterization does not define the nature and extent of the contaminant plume, additional investigation shall be performed when necessary and feasible as determined by a qualified environmental professional.

(e) The commissioner may take action under subsection (a) without having received and reviewed the initial site characterization if the commissioner reasonably believes that the release from the underground storage tank or aboveground storage tank creates a threat to human health or the environment sufficient to necessitate action under subsection (a) before the initial site characterization is submitted to the department.

(f) If the commissioner:

(1) requires corrective action under subsection (a); and

(2) determines that the corrective action will be done properly and promptly by the owner or operator of the underground storage tank or aboveground storage tank from which the release occurs;

the commissioner may enter into an agreed order with the owner or operator to implement necessary corrective action.

[Pre-1996 Recodification Citation: 13-7-20-19(a).]

As added by P.L.1-1996, SEC.13. Amended by P.L.176-2023, SEC.50; P.L.135-2026, SEC.251.