TITLE 329 SOLID WASTE MANAGEMENT DIVISION
Final Rule
LSA Document #13-272(F)
DIGEST
Date of First Hearing: June 11, 2014.
Date of Second Hearing: September 10, 2014.
Authority:
IC 13-14-8-1;
IC 13-14-8-2;
IC 13-23-1; 42 U.S.C. 6991
Sec. 15.1. "Delivery prohibition" means the commissioner:
(1) determined a UST to be ineligible under IC 13-23-1-4; and
(2) issued a temporary order prohibiting the owner or operator of the ineligible UST from allowing a regulated substance to be:
(A) delivered;
(B) deposited; or
(C) accepted.
(Solid Waste Management Division; 329 IAC 9-1-15.1; filed Nov 25, 2014, 3:43 p.m.: 20141224-IR-329130272FRA)
Authority:
IC 13-14-8-1;
IC 13-14-8-2;
IC 13-23-1-1;
IC 13-23-1-2
Sec. 15.2. "Department" means the Indiana department of environmental management.
(Solid Waste Management Division; 329 IAC 9-1-15.2; filed Nov 25, 2014, 3:43 p.m.: 20141224-IR-329130272FRA)
Authority:
IC 13-14-8-1;
IC 13-14-8-2;
IC 13-23-1-1;
IC 13-23-1-2; 42 U.S.C. 6991
Sec. 38.5. "Red tag" means
the a tag, device,
or mechanism, such as a tamper-resistant strap, fill pipe bag,
numbered zip tie, or any combination thereof, that
clearly identifies an underground storage tank
system as
ineligible to receive a regulated substance being under delivery prohibition or the act of
applying such attaching the tag, device,
or mechanism. The red tag shall:
(1) indicate the UST is prohibited from receiving a regulated substance;
(2) be tamper resistant; and
(3) state "Do Not Fill" in bold face type.
Rule 4.5. Delivery Prohibition Program
Authority:
IC 13-14-8-1;
IC 13-14-8-2;
IC 13-23-1; 42 U.S.C. 6991
Sec. 4. This rule applies to owners and operators of a UST determined to be ineligible by the commissioner under IC 13-23-1-4 and this rule.
(Solid Waste Management Division; 329 IAC 9-4.5-4; filed Nov 25, 2014, 3:43 p.m.: 20141224-IR-329130272FRA)
Authority:
IC 13-14-8-1;
IC 13-14-8-2;
IC 13-23-1; 42 U.S.C. 6991
Sec. 5. The commissioner may determine a UST to be ineligible if one (1) of the following conditions are met:
(1) An inspection shows the following required equipment is not installed:
(A) Corrosion protection.
(B) Leak detection.
(C) Overfill protection.
(D) Spill prevention.
(2) The owner or operator fails to:
(A) properly operate or maintain equipment for:
(i) corrosion protection;
(ii) leak detection;
(iii) overfill protection; or
(iv) spill prevention;
(C) pay annual registration fees due under IC 13-23-12.
(Solid Waste Management Division; 329 IAC 9-4.5-5; filed Nov 25, 2014, 3:43 p.m.: 20141224-IR-329130272FRA)
Authority:
IC 13-14-8-1;
IC 13-14-8-2;
IC 13-23-1;
IC 13-23-14-4; 42 U.S.C. 6991
Sec. 6. (a) Notification to the UST owner or operator of ineligibility shall be provided before delivery prohibition.
(b) Notification shall:
(1) be delivered:
(A) in person; or
(B) by certified mail with return receipt;
(2) be delivered to the:
(A) address of the owner or operator provided to the department on the form required by 329 IAC 9-2-2;
(B) registered agent if the owner or operator is a business; or
(C) facility where the UST is located; and
(3) provide:
(A) identification of the tank that is ineligible;
(B) a list of the violations that caused ineligibility;
(C) actions the owner or operator must take for the UST to be reclassified from ineligible to eligible; and
(D) the date delivery prohibition shall be imposed.
(c) If a UST is determined to be ineligible under section 5(1) of this rule, the commissioner may determine an immediate order of delivery prohibition, described in section 8 of this rule, be issued and a red tag attached to the UST. The delivery prohibition order may serve as notification of ineligibility.
(d) If a UST is determined to be ineligible under section 5(2) of this rule, the commissioner may determine, after providing a thirty (30) day warning period described in section 7 of this rule, to issue a delivery prohibition order.
(Solid Waste Management Division; 329 IAC 9-4.5-6; filed Nov 25, 2014, 3:43 p.m.: 20141224-IR-329130272FRA)
329 IAC 9-4.5-7 Thirty (30) day warning period
Authority:
IC 13-14-8-1;
IC 13-14-8-2;
IC 13-23-1; 42 U.S.C. 6991
Sec. 7. (a) The commissioner shall provide for a thirty (30) day warning period for any UST determined to be ineligible under section 5(2) of this rule prior to issuing a delivery prohibition order described under section 8 of this rule.
(b) A UST that is not reclassified as eligible to receive a regulated substance, under section 9 of this rule, within thirty (30) days of receiving a warning under this section may receive a delivery prohibition order under section 8 of this rule.
(Solid Waste Management Division; 329 IAC 9-4.5-7; filed Nov 25, 2014, 3:43 p.m.: 20141224-IR-329130272FRA)
Authority:
IC 13-14-8-1;
IC 13-14-8-2;
IC 13-23-1; 42 U.S.C. 6991
Sec. 8. (a) After notification of ineligibility under IC 13-23-1-4 and this rule, the commissioner may prohibit delivery. A delivery prohibition order shall be issued in the form of a temporary emergency order, described in IC 4-21.5-4.
(b) When a UST is under a delivery prohibition order, the owner or operator of the UST must notify any person who has delivered or is scheduled to deliver a regulated substance to the UST of the delivery prohibition.
(c) When the commissioner issues a delivery prohibition order, a red tag shall be attached to the UST.
(d) Unless authorized by the commissioner, a red tag shall not be:
(1) removed;
(2) defaced;
(3) altered; or
(4) otherwise tampered with.
(e) Violators of subsection (d) shall be assessed penalties under IC 13-23-14-4.
(Solid Waste Management Division; 329 IAC 9-4.5-8; filed Nov 25, 2014, 3:43 p.m.: 20141224-IR-329130272FRA)
Authority:
IC 13-14-8-1;
IC 13-14-8-2;
IC 13-23-1; 42 U.S.C. 6991
Sec. 9. (a) A UST shall be reclassified from ineligible to receive a regulated substance to eligible if the:
(1) owner or operator notifies the department that all corrective actions listed in the notification have been taken; and
(2) department determines that the violations were corrected by:
(A) reviewing and approving the provided documentation; or
(B) reinspecting the UST.
(b) The UST owner or operator must provide applicable documentation to the department as follows to show the violations were corrected:
(1) UST test results performed by a UST tester, who is certified under IC 13-23-3.
(2) Proof of installation of equipment by a UST installer, who is certified under IC 13-23-3.
(3) Proof of payment of UST fees due under IC 13-23-12.
(4) Proof of submission of a complete registration or notification form described in 329 IAC 9-2-2.
(5) Any other documentation the department determines is necessary to show the owner or operator corrected the violations described in the notice of ineligibility.
(c) The commissioner shall issue a written determination of eligibility upon:
(1) review and approval of all required documentation; and
(2) an inspection of the UST, if applicable.
(d) The written determination shall include the following:
(1) Identification of the UST that is reclassified.
(2) A statement that all the violations described in the notification have been corrected and approved.
(3) A statement that the UST is eligible to receive a regulated substance.
(4) Authorization for the owner or operator to remove the identified red tag, if applicable.
(5) Instructions for removing and returning the red tag, if applicable.
(e) The written determination shall be delivered by one (1) of the following:
(1) Facsimile.
(2) Electronic mail.
(3) Certified mail.
(4) Other appropriate means.
(Solid Waste Management Division; 329 IAC 9-4.5-9; filed Nov 25, 2014, 3:43 p.m.: 20141224-IR-329130272FRA)
Authority:
IC 13-14-8-1;
IC 13-14-8-2;
IC 13-23-1; 42 U.S.C. 6991
Sec. 10. (a) The commissioner may defer a delivery prohibition order to an ineligible UST that holds motor fuel if the prohibition would jeopardize the availability of, or access to, motor fuel in any rural and remote area unless an urgent threat to public health, as determined by the commissioner, exists.
(b) The commissioner may only defer a delivery prohibition order for up to one hundred eighty (180) days after determining the UST is ineligible.
(c) A UST is in a rural and remote area if there are no other USTs that contain similar motor fuel for sale within thirty (30) miles by road from the ineligible UST. A motor fuel is similar to another motor fuel if it can run the same motor.
(d) The commissioner may allow delivery of a regulated substance to a UST under delivery prohibition if:
(1) a certain volume in the UST is necessary to test or calibrate the system and the delivery is only of the amount necessary to conduct the test or calibration; or
(2) the UST is used to fuel an emergency generator that:
(A) provides a power supply in the event of a commercial power failure;
(B) stores petroleum; and
(C) is used solely in connection with:
(i) an emergency system;
(ii) a legally required standby system; or
(iii) an optional standby system.
(e) If the commissioner determines a UST is subject to the special circumstances described in this section, a written decision shall be provided to the owner or operator following receipt of a request for the finding and evidence sufficient to allow the commissioner to make this determination.
(Solid Waste Management Division; 329 IAC 9-4.5-10; filed Nov 25, 2014, 3:43 p.m.: 20141224-IR-329130272FRA)
Authority:
IC 13-14-8-1;
IC 13-14-8-2;
IC 13-23-1; 42 U.S.C. 6991
Sec. 11. (a) If an owner who has received notice of ineligibility under section 6 of this rule transfers ownership of the ineligible UST to a new owner, the transferring owner shall provide notification as follows:
(1) The transferring owner shall notify IDEM within thirty (30) days of the transfer that a transfer of ownership has occurred. The following information shall be included:
(A) The name of the new owner.
(B) The address of the new owner.
(C) The date of the transfer.
(2) The transferring owner shall notify the new owner that the UST is ineligible.
(b) In accordance with IC 13-23-1-4(c), the new owner must complete the corrective actions required to comply with an order issued by the commissioner to the previous owner.
(Solid Waste Management Division; 329 IAC 9-4.5-11; filed Nov 25, 2014, 3:43 p.m.: 20141224-IR-329130272FRA)
Hearing Held: September 10, 2014
Approved by Attorney General: November 17, 2014
Approved by Governor: November 20, 2014
Filed with Publisher: November 25, 2014, 3:43 p.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: Jessica Faust-Hamblin, IDEM Small Business Regulatory Coordinator, IGCN 1225, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 232-8172 or (800) 988-7901, ctap@idem.in.gov
Small Business Assistance Program Ombudsman: Steven N. Howell, IDEM Small Business Assistance Program Ombudsman, IGCN 1301, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 232-8587 or (800) 451-6027, snhowell@idem.in.gov
Posted: 12/24/2014 by Legislative Services Agency
DIN: 20141224-IR-329130272FRA
Composed: Apr 26,2024 2:15:13PM EDT
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