329 Ind. Admin. Code 9-4.5-6

Current through May 29, 2024

Section 329 IAC 9-4.5-6 - Notification

Authority: IC 13-14-8-1; IC 13-14-8-2; IC 13-23-1; IC 13-23-14-4; 42 U.S.C. 6991

Affected: IC 13-13-1-1; IC 13-23-12-1

Sec. 6.

(a) Notification to the UST owner or operator of ineligibility shall be provided before delivery prohibition.

(b) Notification shall:

(1) be delivered:

(A) in person; or

(B) by certified mail with return receipt;

(2) be delivered to the:

(A) address of the owner or operator provided to the department on the form required by 329 IAC 9-2-2;

(B) registered agent if the owner or operator is a business; or

(C) facility where the UST is located; and

(3) provide:

(A) identification of the tank that is ineligible;

(B) a list of the violations that caused ineligibility;

(C) actions the owner or operator must take for the UST to be reclassified from ineligible to eligible; and

(D) the date delivery prohibition shall be imposed.

(c) If a UST is determined to be ineligible under section 5(1) of this rule, the commissioner may determine an immediate order of delivery prohibition, described in section 8 of this rule, be issued and a red tag attached to the UST. The delivery prohibition order may serve as notification of ineligibility.

(d) If a UST is determined to be ineligible under section 5(2) of this rule, the commissioner may determine, after providing a thirty (30) day warning period described in section 7 of this rule, to issue a delivery prohibition order.

329 IAC 9-4.5-6

Filed 11/25/2014, 3:43 p.m.: 20141224-IR-329130272FRA