329 IAC 9-2-2 - Notification and registration requirements
Authority: IC 13-14-8; IC 13-23-1
Affected: IC 13-23-3
Sec. 2.
(a) The owner
and operator of a UST shall notify the department using a form approved by the
Indiana archives and records administration for use by the department in the
following circumstances:
(1) For a UST that
has not been previously registered with the department, the owner shall
register the UST by completing and submitting a form as described in subsection
(b) within thirty (30) days of:
(A) becoming
the owner of the UST; or
(B)
bringing into use the UST as determined if the UST:
(i) contains or has contained a regulated
substance; and
(ii) has not been
closed under
329 IAC 9-6.
(2) For a UST that has been
previously registered with the department, the owner and operator shall
complete and submit a form as described in subsection (c) to notify the
department within thirty (30) days of the following circumstances:
(A) Facility modifications, including the
following changes:
(i) Facility type,
location, or name.
(ii) New UST
system.
(iii) UST owner, operator,
or property owner.
(iv) Financial
responsibility.
(B) UST
system modification, including the upgrade of a UST system to meet requirements
of 40 CFR
280.21 *.
(C) Installation of a method of release
detection under 40 CFR
280, Subpart D*.
(3) The owner and operator of a UST shall
complete and submit the form as described in subsection (f) at least thirty
(30) days prior to taking the following actions:
(A) Temporary closure of a UST under
40 CFR
280.70 *.
(B) Permanent closure or change-in-service of
a UST under
329 IAC 9-6.
(4) For a UST that has been permanently
closed under
329 IAC 9-6, the owner shall
complete and submit a form as described in subsection (g) within thirty (30)
days of permanently closing a UST and submit the following closure report
materials:
(A) Site-specific and sampling
locations map.
(B) Leak detection
methods used for tanks and piping and most recent tank and line tightness
testing results.
(C) Field
screening values, laboratory values of each sample, sample collection and
laboratory methods, data, and chain of custody.
(D) Boring logs, as applicable.
(E) Disposal documentation.
(b) An owner required
to submit a form under subsection (a)(1) shall provide the following
information on a form approved by the Indiana archives and records
administration for use by the department:
(1)
Facility name, type, location, and contact information.
(2) Information on the owner and operator of
the UST.
(3) Ownership effective
date.
(4) Contact information for
an individual at the facility if different than the owner or
operator.
(5) Owner and operator
certification.
(6) Source of
financial responsibility.
(7)
Information on the deeded or active land contract property owner and
certification, as applicable.
(8)
Information on the individual preparing the notification form.
(9) Contractor information, including
contractor certification and their Indiana department of homeland security,
division of fire and building safety certification number.
(10) Indication whether the following actions
have taken place:
(A) Installation has been
inspected by a registered engineer and registration identification number
provided.
(B) Manufacturer's
installation checklists have been completed and included with the notification
form submitted to the department.
(C) Installer has been certified by a tank
and piping manufacturer.
(D) Work
has been inspected by the Indiana department of homeland security, division of
fire and building safety.
(11) Name and contact information of
potentially interested parties that the department may contact regarding the
site.
(12) A map of the facility
site.
(13) Identification of each
UST at the facility.
(14) Status of
each UST and status date.
(15)
Information on:
(A) the substances currently
or last stored in the UST;
(B) UST
construction attributes;
(C) UST
corrosion protection;
(D) piping
construction and protection;
(E)
UST and piping release detection; and
(F) spill and overfill prevention
equipment.
(c) An owner and operator required to submit
a form under subsection (a)(2) shall provide all the information required in
subsection (b) on a form approved by the Indiana archives and records
administration for use by the department and shall indicate the type of
notification on the form.
(d) The
owner and operator of a UST shall ensure that a person certified by the
department of homeland security, division of fire and building safety performs
tank system:
(1) installations;
(2) testing;
(3) upgrades;
(4) closures;
(5) removals; and
(6) change-in-service.
(e) The owner or operator shall certify on a
form approved by the Indiana archives and records administration for use by the
department that the work performed complies with methods specified in this
article and 40 CFR
280, Subpart C*, and was performed by a
person with a certification as described in subsection (d).
(f) All owners and operators required to
submit a form under subsection (a)(3) shall provide the following information
on a form approved by the Indiana archives and records administration for use
by the department at least thirty (30) days prior to closure or
change-in-service:
(1) Type of proposed
closure.
(2) Facility name, type,
contact information, and location.
(3) Name and contact information for the
individual preparing the notification.
(4) As applicable, name and contact
information for the:
(A) owner and operator of
the UST;
(B) deeded property
owner;
(C) active land contract
property owner; and
(D) proposed
contractor.
(5) Name and
email address of a potentially interested party that the department may contact
regarding the site.
(6) Leaking
underground storage tank incident number and date of incident.
(7) Number of regulated USTs onsite before
closure.
(8) Number of additional
USTs discovered during UST closure, as applicable.
(9) Information on the closed USTs,
including:
(A) an approval letter from the
Indiana department of homeland security; and
(B) a site assessment work plan and site map
with proposed boring locations.
(10) Piping information.
(11) Dispenser information.
(g) Owners and operators required
to submit a form under subsection (a)(4) shall submit the following information
on a form approved by the Indiana archives and records administration for use
by the department:
(1) All information listed
in subsection (f), except the information required in subsection
(f)(9).
(2) Information on storage
and disposal.
(3) If the UST and
piping were removed during closure, the owner and operator shall provide the
following information:
(A) Amount of backfill
material initially removed during UST system closure.
(B) Indication whether:
(i) there was over-excavation that took place
after the removal of a UST system and, as applicable, the amount of
over-excavated material;
(ii) free
product was present in the UST pit or piping run;
(iii) bedrock was encountered during UST
removal; and
(iv) contaminated
material above applicable screening levels was excavated.
(C) The owner and operator shall provide an
explanation why contaminated material above applicable screening levels was not
excavated, if applicable.
(4) Information on the material used to
backfill the excavation.
(5) If
water was encountered during the excavation of a UST system, the owner and
operator shall provide the following information:
(A) Indication whether:
(i) the water was removed during the
excavation and, if applicable, the total amount of water removed; and
(ii) the water was sampled.
(B) The owner and operator shall
provide an explanation why the water was not sampled, if applicable.
(C) Method of water disposal.
(6) The owner and operator shall
indicate using specific details:
(A) which
component appears to have failed if contamination above screening level was
encountered; and
(B) what action or
process appears to have caused the contamination.
(7) The owner and operator shall indicate the
following if a UST system or piping were not removed during closure:
(A) What type of inert solid material was
used to fill the UST or piping.
(B)
Whether water was encountered in the soil borings during in-place
closure.
(C) Whether bedrock was
encountered during UST system in-place closure.
(8) Laboratory information.
(9) Soil screening levels and analytical
results.
(10) Detailed comments for
unique circumstances that need to be described, as applicable.
(11) A list of owners and operators during
the previous twenty-five (25) years, including their names, addresses, and type
of business run from the facility.
(12) Type of site coverage.
(13) Information on the site proximity to
human and environmentally sensitive areas, including wellhead protection areas
described in
327 IAC 8-4.1.
(14) Information on a previously closed UST
system.
(h) An owner may
provide notification for several USTs at one (1) location using one (1)
form.
(i) A person who sells a
facility with a regulated UST or UST system shall notify the purchaser of the
purchaser's obligation to submit the appropriate form under subsection
(a).
(j) Pursuant to
42 U.S.C.
6991a, et seq., in effect on September 30,
1996, notification of the service status of the UST system must be provided to
the department by the owner or operator of a UST system that is:
(1) in the ground on or after May 8, 1986;
and
(2) not taken out of
operational life on or before January 1, 1974.
*These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, IN 46204.
Notes
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