Section 13-23-13-12 - Duty of owner or operator to furnish information, conduct testing, or permit access; right of entry(a) For the purpose of enabling the commissioner to take or to assess the need for corrective action under this chapter or to enforce this article, an owner or operator of an underground storage tank or aboveground storage tank, upon the request of an officer, an employee, or a designated representative of the department, shall do the following:(1) Furnish information relating to the:(A) underground storage tank; (B) aboveground storage tank; or(C) associated equipment or contents.(2) Conduct monitoring or testing of the underground storage tank or aboveground storage tank, including associated equipment or contents.(3) Conduct monitoring or testing of soils, air, surface water, or ground water surrounding the underground storage tank or aboveground storage tank if: (A) tank testing, using methods that are applicable to but not in excess of federal standards, confirms a release of regulated substance; or(B) other evidence exists that gives cause for reasonable suspicion that a release has occurred.(4) Permit, at all reasonable times, the officer, employee, or designated representative to have access to and to copy all records relating to the underground storage tank or aboveground storage tank.(5) Permit the officer, employee, or designated representative to have access for corrective action.(b) For the purposes set forth in subsection (a), an officer, an employee, or a designated representative of the department may enter at reasonable times any establishment or other place where an underground storage tank or aboveground storage tank is located or where a regulated substance may be present due to a release from an underground storage tank or aboveground storage tank to do the following:(1) Inspect and obtain samples from any person of any regulated substances contained in the underground storage tank or aboveground storage tank.(2) Conduct monitoring or testing of: (A) the underground storage tank;(B) the aboveground storage tank;(C) associated equipment or contents; or(3) Take corrective action under section 2 of this chapter.(c) Every action authorized by this section shall be commenced and completed with reasonable promptness.Pre-1996 Recodification Citation: 13-7-20-28.
Amended by P.L. 176-2023,SEC. 58, eff. 7/1/2023.As added by P.L. 1-1996, SEC.13.