Authority: IC
13-12-3-2;
IC 13-14-8; IC
13-19-3; IC
13-23-13-7;
IC 13-24-1; IC
13-25-4
Sec. 1.
(a) The
department shall utilize an objective method to assess, on the basis of
available information, the relative potential threat to human health or the
environment from hazardous substances response sites or releases. The method
used to assess hazardous substances response sites or releases will be called
the priority ranking system (PRS).
(b) After the department receives the
notification of release, the site or release will be prioritized under the PRS
and placed in the appropriate priority as follows:
(1) If the department determines, based on
the notification of a release submitted to the department, that one (1) of the
following has occurred, then the site or release is considered a high priority:
(A) Vapors from a listed or characteristic
hazardous waste, a hazardous substance, petroleum, petroleum constituent, or
contaminant are detected in a habitable structure or other structure such as a
utility conduit, storm sewer, or sanitary sewer at a level that exceeds:
(i) the chronic, long term risk-based
exposure for a contaminant of concern; or
(ii) ten percent (10%) of the contaminant of concern's lower
explosive limit (LEL).
(B) A listed or characteristic hazardous
waste, a hazardous substance, petroleum, petroleum constituent, or contaminant
is detected in surface water or a drinking water well at or above MCLs or
cleanup levels for ground water that are above the risk based remediation
standards under IC
13-12-3-2.
(C) Free product is present.
(D) An ecologically sensitive area or a
geologically sensitive area is detrimentally affected by the release.
(E) Ground water contaminated by the release
is located within three thousand (3,000) feet of a fixed radius of a wellhead
or a one (1) year time of travel of a delineated, approved wellhead protection
area for a community water system.
(F) Hazardous substances are identified in
surface soil, which has a direct soil contact exposure pathway, at levels
exceeding the risk based remediation standards under IC
13-12-3-2.
(2) If the department determines, based on
the notification of a release submitted to the department, that one (1) of the
following has occurred, then the site or release is considered a medium
priority:
(A) None of the conditions set forth
in subdivision (1) are applicable.
(B) Ground water contaminated by the release
is located within a five (5) or ten (10) year time of travel of a delineated,
approved wellhead protection area for a community water system or within three
thousand (3,000) feet of a fixed radius of a wellhead.
(C) A listed or characteristic hazardous
waste, a hazardous substance, petroleum, petroleum constituent, or contaminant
is detected in ground water at any concentration.
(3) If the department determines, based on
the notification of a release submitted to the department, that one (1) of the
following has occurred, then the site or release is considered a low priority:
(A) None of the conditions set forth in
subdivisions (1) and (2) are applicable.
(B) No hazardous substance, petroleum,
petroleum constituent, or contaminants are detected in ground water.
(C) A listed or characteristic hazardous
waste, a hazardous substance, petroleum, petroleum constituent, or contaminant
is detected in soil, which does not have a direct soil contact exposure
pathway, at concentrations exceeding the risk based remediation standards under
IC
13-12-3-2.
(c) For purposes of this section, "surface
soil" and "direct soil contact exposure pathway" are defined or further
explained in the risk based remediation standards under IC
13-12-3-2.
