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

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

Sec. 6. (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.]

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