IC 13-23
    ARTICLE 23. UNDERGROUND STORAGE TANKS

IC 13-23-1
    Chapter 1. Establishment of Underground Storage Tank ReleaseDetection, Prevention, and Correction Program

IC 13-23-1-1
Establishment and operation of program
    Sec. 1. (a) The department shall establish and operate anunderground storage tank release detection, prevention, andcorrection program under this article according to rules adopted bythe solid waste management board.
    (b) The department may contract with another state agency tojointly operate the program under a memorandum of agreement that:
        (1) may be amended;
        (2) must contain the specific duties of the department and thecontracting agency; and
        (3) is available to the public for inspection.
As added by P.L.1-1996, SEC.13. Amended by P.L.131-1997, SEC.2.

IC 13-23-1-2
Rules
    Sec. 2. (a) The board shall adopt rules under IC 4-22-2 andIC 13-14-8 for the establishment and operation of the programestablished under section 1 of this chapter.
    (b) The rules must not be less stringent than the regulationsadopted by the Administrator of the United States EnvironmentalProtection Agency under Section 9003 of the federal Solid WasteDisposal Act, as amended (42 U.S.C. 6991b, as amended).
    (c) The rules adopted under subsection (a) must include thefollowing:
        (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 theprotection 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 inresponse to a release.
        (5) Requirements for closure of underground storage tanks toprevent future releases of regulated substances into the

environment.
        (6) Requirements for maintaining evidence of financialresponsibility for:
            (A) taking corrective action; and
            (B) compensating third parties for bodily injury and propertydamage caused by sudden and nonsudden accidental releasesarising from the operation of an underground storage tank.
        (7) Standards of performance for new underground storagetanks.
        (8) Requirements for the following:
            (A) Providing notice to the department of the existence ofoperational and nonoperational underground storage tanks,as required under 42 U.S.C. 6991a(a).
            (B) Providing the information required on the formprescribed under 42 U.S.C. 6991a(b)(2).
            (C) Providing notice, by any person who sells a tankintended to be used as an underground storage tank, to thepurchaser of that tank of the owner's notificationrequirements established by this article and 42 U.S.C.6991a(a).
As added by P.L.1-1996, SEC.13.