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

329 IAC 9-2-2
Solid Waste Management Board; 329 IAC 9-2-2; filed Dec 1, 1992, 5:00 p.m.: 16 IR 1068; filed Jul 19, 1999, 12:00 p.m.: 22 IR 3699; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; filed Aug 30, 2004, 9:35 a.m.: 28 IR 150; errata filed Oct 7, 2004, 11:55 a.m.: 28 IR 608; filed Aug 3, 2009, 1:48 p.m.: 20090902-IR-329080055FRA Filed 5/29/2018, 3:35 p.m.: 20180627-IR-329160204FRA Errata filed 5/31/2018, 9:55 a.m.: 20180627-IR-329160204ACA Filed 9/12/2023, 4:27 p.m.: 20231011-IR-329200025FRA

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