Indiana Administrative Code
Title 329 - SOLID WASTE MANAGEMENT DIVISION
Article 9 - UNDERGROUND STORAGE TANKS
Rule 4.5 - Delivery Prohibition Program
Section 4.5-9 - Reclassification
Universal Citation: 329 IN Admin Code 4.5-9
Current through September 18, 2024
Authority: IC 13-14-8-1; IC 13-14-8-2; IC 13-23-1; 42 U.S.C. 6991
Affected: IC 13-13-1-1; IC 13-23-3; IC 13-23-12-1
Sec. 9.
(a) A UST shall be reclassified from ineligible to receive a regulated substance to eligible if the:
(1) owner or operator
notifies the department that all corrective actions listed in the notification
have been taken; and
(2) department
determines that the violations were corrected by:
(A) reviewing and approving the provided
documentation; or
(B) reinspecting
the UST.
(b) The UST owner or operator must provide applicable documentation to the department as follows to show the violations were corrected:
(1) UST test results performed by a UST
tester, who is certified under IC 13-23-3.
(2) Proof of installation of equipment by a
UST installer, who is certified under IC 13-23-3.
(3) Proof of payment of UST fees due under IC
13-23-12.
(4) Proof of submission
of a complete registration or notification form described in
329 IAC
9-2-2.
(5)
Any other documentation the department determines is necessary to show the
owner or operator corrected the violations described in the notice of
ineligibility.
(c) The commissioner shall issue a written determination of eligibility upon:
(1) review and approval of all required
documentation; and
(2) an
inspection of the UST, if applicable.
(d) The written determination shall include the following:
(1) Identification of the UST
that is reclassified.
(2) A
statement that all the violations described in the notification have been
corrected and approved.
(3) A
statement that the UST is eligible to receive a regulated substance.
(4) Authorization for the owner or operator
to remove the identified red tag, if applicable.
(5) Instructions for removing and returning
the red tag, if applicable.
(e) The written determination shall be delivered by one (1) of the following:
(1)
Facsimile.
(2) Electronic
mail.
(3) Certified mail.
(4) Other appropriate means.
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