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

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

Sec. 6. (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.]

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