2016 Indiana Code TITLE 13. ENVIRONMENT ARTICLE 18. WATER POLLUTION CONTROL CHAPTER 5.5. REPORTING OF ABOVE GROUND STORAGE TANKS
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IC 13-18-5.5
Chapter 5.5. Reporting of Above Ground Storage Tanks
IC 13-18-5.5-1
"Above ground storage tank" (AST)
Sec. 1. As used in this chapter, "above ground storage tank" or
"AST" means a device:
(1) at least ten percent (10%) of the outer surface of which is
exposed above the ground; and
(2) that is designed to contain more than six hundred sixty (660)
gallons above ground of a matter that is a liquid.
As added by P.L.112-2015, SEC.10.
IC 13-18-5.5-2
"Agribusiness"
Sec. 2. As used in this chapter, "agribusiness" means a business
that is primarily engaged in:
(1) the distribution of farm equipment and supplies; or
(2) the processing, storage, and distribution of farm
commodities.
As added by P.L.112-2015, SEC.10.
IC 13-18-5.5-3
"Critical zone of concern"
Sec. 3. (a) As used in this chapter, "critical zone of concern"
means:
(1) an area in which a hazardous material could:
(A) travel to a water intake of a public water system that
uses surface water as a source of drinking water; and
(B) cause a disruption; or
(2) another area designated in subsection (b) as a critical zone
of concern.
(b) The term includes the following:
(1) In the case of a flowing stream on which an intake of a
public water system is located, the area:
(A) within one-quarter (1/4) mile of each bank of the stream
and of every tributary of the stream from the location of the
intake on the main stream to the point on the main stream
and on each tributary twenty-five (25) miles upstream of the
intake; and
(B) within one-quarter (1/4) mile of each bank of the main
stream from the intake to fifty (50) feet downstream of the
intake.
(2) In the case of a reservoir or lake other than Lake Michigan
on which an intake of a public water system is located, the area:
(A) within one-quarter (1/4) mile of each bank of the
reservoir or lake; and
(B) within one-quarter (1/4) mile of each bank of every
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stream or tributary flowing into the lake or reservoir from
the point where the stream or tributary flows into the lake or
reservoir to the point twenty-five (25) miles upstream of
where the stream or tributary flows into the lake or reservoir.
(3) In the case of a stream or tributary flowing into Lake
Michigan, the area that is:
(A) within one-quarter (1/4) mile of each bank of the stream
or tributary; and
(B) within five (5) miles of an intake of a public water
system.
(4) In the case of Lake Michigan, the area of land that is within
one-quarter (1/4) mile of the ordinary high water mark of Lake
Michigan.
(5) Any other areas established by the board in rules adopted by
the board under section 9 of this chapter.
As added by P.L.112-2015, SEC.10.
IC 13-18-5.5-4
"Discharge"
Sec. 4. As used in this chapter, "discharge" has the meaning set
forth in IC 13-11-2-55.
As added by P.L.112-2015, SEC.10.
IC 13-18-5.5-5
"Disruption"
Sec. 5. As used in this chapter, "disruption" means an interruption
in the ability of a public water system to provide safe drinking water
at a rate adequate to meet the demand on the public water system for
a period exceeding twenty-four (24) hours.
As added by P.L.112-2015, SEC.10.
IC 13-18-5.5-6
"Hazardous material"
Sec. 6. As used in this chapter, "hazardous material" means a
liquid that:
(1) contains a hazardous material (as defined in
IC 13-11-2-96(a)); and
(2) is capable of causing a disruption if discharged from an
above ground storage tank.
As added by P.L.112-2015, SEC.10.
IC 13-18-5.5-7
"Liquid"
Sec. 7. As used in this chapter, "liquid" means matter that:
(1) is in a nongaseous state; and
(2) will, at:
(A) sixty (60) degrees Fahrenheit; and
(B) ambient atmospheric pressure;
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take the shape of the interior of a container immediately upon
being placed in the container.
As added by P.L.112-2015, SEC.10.
IC 13-18-5.5-8
"Public water system"
Sec. 8. As used in this chapter, "public water system" has the
meaning set forth in IC 13-11-2-177.3.
As added by P.L.112-2015, SEC.10.
IC 13-18-5.5-9
Report concerning AST; supplemental report; no report required
if existence of AST reported previously
Sec. 9. (a) Except as provided in subsection (c) and sections
10(b)(3) and 11 of this chapter, the owner or operator of an above
ground storage tank located in a critical zone of concern shall report
to the department the following information concerning the AST:
(1) The location of the AST.
(2) The materials stored in the AST.
(3) The capacity of the AST.
(4) The name and contact information of a person who may be
contacted for information about the AST.
The owner or operator shall submit the report before January 1,
2016.
(b) After submitting a report under subsection (a), the owner or
operator of an above ground storage tank shall submit to the
department a supplemental report concerning the AST whenever:
(1) the location of the AST;
(2) the classification of the materials stored in the AST;
(3) the capacity of the AST; or
(4) the name or contact information of the person who may be
contacted for information about the AST;
is changed, so that the information concerning the AST in the
possession of the department will remain accurate.
(c) If the owner or operator of an above ground storage tank has
reported the existence of the AST to the department or another
agency of the state pursuant to another statute or administrative rule,
the owner or operator is not required to report to the department
concerning the AST under this chapter.
(d) The owner or operator of an above ground storage tank who
is required to report under this chapter shall report to the department
concerning the AST:
(1) according to rules adopted by the board under section 10 of
this chapter; and
(2) either:
(A) on a form adopted by the board or the department; or
(B) through an electronic mail or Internet based means
established by the board or the department;
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until rules concerning reporting are adopted under section 10 of
this chapter.
As added by P.L.112-2015, SEC.10. Amended by P.L.149-2016,
SEC.46.
IC 13-18-5.5-10
Rules concerning reporting
Sec. 10. (a) The board shall adopt rules under IC 13-14-9 and
IC 4-22-2 concerning the reporting required under this chapter.
(b) The rules adopted by the board under this section must do the
following:
(1) Establish at least three (3) different classifications of above
ground storage tanks for the purposes of this chapter, according
to the relative danger of a disruption from an AST discharge,
based on:
(A) the liquid stored in the AST;
(B) the capacity and location of the AST; and
(C) the proximity of the AST to the water intake of a public
water system.
(2) Require reports to the department under this chapter
concerning all ASTs that:
(A) are used to store hazardous materials; and
(B) are located in a critical zone of concern.
(3) Establish certain conditions under which an AST shall be
recognized as exempt from the reporting requirements of this
chapter because the AST does not pose a threat to cause a
disruption from a discharge of the contents of the AST.
(c) The rules adopted under this section must:
(1) provide for the filing of a supplemental report concerning an
AST when a change as described in section 9(b) of this chapter
occurs so that the information in the possession of the
department concerning the AST will remain accurate; and
(2) specify the means by which the owner or operator of an
AST will comply with the reporting requirements of this
chapter, as described in section 9(d)(2) of this chapter.
(d) Notwithstanding subsection (a), the board may adopt
emergency rules under IC 4-22-2-37.1 to create a temporary
reporting form for use under this chapter.
As added by P.L.112-2015, SEC.10.
IC 13-18-5.5-11
Exempt from AST reporting requirements
Sec. 11. The following are exempt from the reporting
requirements of this chapter:
(1) An AST used to contain only uncontaminated drinking
water, demineralized water, noncontact or circulating cooling
water, or water stored for fire or emergency purposes.
(2) An AST located on a farm or the premises of an
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agribusiness, the contents of which are:
(A) used by the AST owner or operator for farming
purposes; or
(B) produced as an agricultural commodity.
(3) An AST:
(A) that is located on a farm, the premises of an
agribusiness, or residential property;
(B) the capacity of which is not more than ten thousand
(10,000) gallons; and
(C) that is used for storing motor fuel for noncommercial
purposes.
(4) An AST:
(A) the capacity of which is not more than one thousand one
hundred (1,100) gallons; and
(B) that is used for storing heating oil for consumption on
the premises on which the AST is located.
(5) An AST that is used for storing heating oil, natural gas, or
propane and that is regulated under NFPA 58-30A or NFPA
58-30B of the Liquified Petroleum Gas Code of the National
Fire Protection Association through 49 CFR 192.11(b).
(6) An AST that is part of a stormwater or wastewater
collection and treatment system.
(7) An AST located on a site regulated under IC 14-34.
(8) Machinery and equipment containing integral operating
fluids that are necessary for the proper operation of the
machinery or equipment, including, but not limited to, hydraulic
reservoirs, lubricating oil reservoirs, electrical equipment,
heating and cooling equipment, and fuel tanks for emergency
generators and fire pumps.
(9) An AST that is:
(A) located inside a building; and
(B) resting on or elevated above a floor of the building;
a discharge from which would be contained in a secondary
containment structure or would, through other means, be
prevented from escaping in a manner that could cause a
disruption.
(10) An AST that:
(A) is regulated by the United States Department of
Transportation; and
(B) is located on a particular site for less than one hundred
eighty (180) consecutive calendar days.
(11) A surface impoundment, pit, pond, or lagoon.
(12) An AST:
(A) that is otherwise regulated through individual, site
specific permits issued under the National Pollutant
Discharge Elimination System or another regulatory
program; or
(B) for which appropriate containment and diversionary
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structures or equipment to prevent unregulated discharge of
materials from reaching the waters of Indiana are in place in
compliance with law or administrative rules.
(13) An AST that is regulated under section 1321 of the federal
Water Pollution Control Act (section 311 of the federal Clean
Water Act, 33 U.S.C. 1321) and the regulations adopted
thereunder, 40 CFR 112, et seq.
(14) Any flow-through or process AST, including, but not
limited to, a pressure vessel and oil and water separators.
(15) A pipeline facility, including gathering lines, that:
(A) is regulated under the Natural Gas Pipeline Safety Act
of 1968 (49 U.S.C. 1671 et seq.);
(B) is regulated under the Hazardous Liquid Pipeline Safety
Act of 1979 (49 U.S.C. 60101 et seq.); or
(C) is an intrastate pipeline facility regulated under state
laws comparable to the laws identified in clauses (A) and
(B).
(16) Electrical equipment such as transformers, circuit breakers,
and voltage regulators.
(17) An AST used in a process operation:
(A) in which liquids are altered through biological,
chemical, or physical means; or
(B) that is used strictly to regulate liquid volumes in a
process operation.
(18) An AST containing pesticides or fertilizers regulated by
the state chemist under 355 IAC.
(19) An emergency spill or overflow containment AST that is
maintained to preserve its capacity.
(20) An AST that contains a de minimis concentration of
hazardous material.
(21) An AST that is used for the storage of products that are
regulated under the federal Food, Drug, and Cosmetic Act, 21
U.S.C. 301 et seq.
(22) A device that is subject to IC 13-23 or other laws, rules, or
regulations concerning underground storage tanks (as defined
in IC 13-11-2-241).
(23) An AST containing mineral oil used solely for dust
suppression.
(24) Any other AST exempted by a rule adopted by the board
under section 10(b)(3) of this chapter.
As added by P.L.112-2015, SEC.10.
IC 13-18-5.5-12
Confidentiality of reported information
Sec. 12. Information about above ground storage tanks that is
reported to the department under this chapter may be considered
confidential under IC 5-14-3-4(a)(1), IC 5-14-3-4(a)(4),
IC 5-14-3-4(a)(8), or IC 5-14-3-4(b)(19) for purposes of public
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disclosure. However, the information may be disclosed to a
responsible person developing or updating a surface water quality
threat minimization and response plan for a public water system
under IC 13-18-16-7.5.
As added by P.L.112-2015, SEC.10.
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