Current through September 18, 2024
Authority: 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.
