Section 327 IAC 2-6.1-5 - Reportable spills; facilityAuthority: IC 13-14-8-7
Affected: IC 13-11-2; IC 13-18-1; IC 13-18-3; IC 13-18-8; IC 13-18-17
Sec. 5.
The following spills from a facility must be reported:
(1) Spills that damage the waters of the state so as to cause death or acute injury or illness to humans or animals.(2) Spills from a facility that has been notified in writing by a water utility that it is located in a delineated public water supply wellhead protection area as approved by the department under 327 IAC 8-4.1 that are spills of: (A) hazardous substances or extremely hazardous substances when the amount spilled exceeds one hundred (100) pounds or the reportable quantity, whichever is less;(B) petroleum when the amount spilled exceeds fifty-five (55) gallons; or(C) objectionable substances as defined in section 4(11) of this rule.(3) Spills that damage waters of the state and that are located:(A) within fifty (50) feet of a known private drinking water well located beyond the facility property boundary; or(B) within one hundred (100) yards of:(i) any high quality water classified as an outstanding state resource water listed in 327 IAC 2-1-11(b), 327 IAC2-1.3-3(d), or 327 IAC 2-1.5-19(b), excluding Lake Michigan;(ii) any water designated as capable of supporting a salmonid fishery pursuant to 327 IAC 2-1-6(c)(1) or 327 IAC 2-1.5-5(a)(3), except Lake Michigan; or (iii) any water that is a fish hatchery, fish and wildlife area, nature preserve, or recreational water owned by the department of natural resources or the federal government. (4) For any spill that does not meet the criteria in subdivisions (1) through (3), the following must be reported: (A) Spills to surface waters that include one (1) or more of the following: (i) Hazardous substances or extremely hazardous substances when the amount spilled exceeds one hundred (100) pounds or the reportable quantity, whichever is less.(ii) Petroleum of such quantity as to cause a sheen upon the waters. (iii) Objectionable substances as defined in section 4(11) of this rule.(B) Spills to soil beyond the facility boundary that include one (1) or more of the following: (i) Hazardous substances or extremely hazardous substances when the amount spilled exceeds one hundred (100) pounds or the reportable quantity, whichever is less. (ii) Petroleum when the amount spilled exceeds fifty-five (55) gallons.(iii) Objectionable substances as defined in section 4(11) of this rule.(C) Spills to soil within the facility boundary that include one (1) or more of the following: (i) Hazardous substances or extremely hazardous substances when the amount spilled exceeds the reportable quantity.(ii) Petroleum when the spilled amount exceeds one thousand (1,000) gallons.(iii) Objectionable substances as defined in section 4(11) of this rule. (5) Any spill for which a spill response has not been done. Water Pollution Control Board; 327 IAC 2-6.1-5; filed Feb 25, 1997, 1:00 p.m.: 20 IR 1732; errata filed Mar 7, 1997, 2:25 p.m.: 20 IR 1738; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFAFiled 11/10/2014, 1:51 p.m.: 20141210-IR-327130290FRAReadopted filed Jun 14, 2019, 1:59 p.m.: 20190710-IR-327190246BFA