Sec. 2. (a) The board shall adopt rules under IC 4-22-2, IC 13-14-8, and IC 13-14-9 for the establishment and operation of the program established under section 1 of this chapter.

     (b) The rules must not be less stringent than the regulations adopted by the Administrator of the United States Environmental Protection Agency under Section 9003 of the federal Solid Waste Disposal Act, as amended (42 U.S.C. § 6991b, as amended).

     (c) The rules adopted under subsection (a) must include the following:

(1) Requirements for maintaining:

(A) a leak detection system;

(B) an inventory control system coupled with tank testing; or

(C) a comparable system or method;

designed to identify releases in a manner consistent with the protection of human health and the environment.

(2) Requirements for maintaining records of any:

(A) monitoring;

(B) leak detection system;

(C) inventory control system or tank testing; or

(D) comparable system.

(3) Requirements for reporting of:

(A) any releases; and

(B) corrective action taken in response to a release.

(4) Requirements for ordering or taking corrective action in response to a release.

(5) Requirements for closure of underground storage tanks to prevent future releases of regulated substances into the environment.

(6) Requirements for maintaining evidence of financial responsibility for:

(A) taking corrective action; and

(B) compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from the operation of an underground storage tank.

(7) Standards of performance for new underground storage tanks.

(8) Requirements for the following:

(A) Providing notice to the department of the existence of operational and nonoperational underground storage tanks, as required under 42 U.S.C. § 6991a(a).

(B) Providing the information required on the form prescribed under 42 U.S.C. § 6991a(b)(2).

(C) Providing notice, by any person who sells a tank intended to be used as an underground storage tank, to the purchaser of that tank of the owner’s notification requirements established by this article and 42 U.S.C. § 6991a(a).

(9) Requirements for the delivery prohibition program prescribed under 42 U.S.C. § 6991k, including:

(A) notice to owners or operators when an underground storage tank is declared ineligible for delivery, deposit, or acceptance of a regulated substance; and

(B) procedures to enforce the delivery prohibition that include the use of a temporary emergency order under IC 4-21.5-4 for violations of section 4(a) of this chapter.

[Pre-1996 Recodification Citation: 13-7-20-13.]

As added by P.L.1-1996, SEC.13. Amended by P.L.38-2012, SEC.2.