In addition to the prohibitions prescribed in section 2 of this chapter, a person may not use an item, a product, or a material containing a concentration of PCB equal to or greater than one hundred (100) ppm in the person's business in Indiana unless:

1. (1) the person files with the department:

   1. (A) a written notice of intent to use:

      1. (i) the PCB; or

      2. (ii) the item, product, or material containing PCB;

         in the person's business; and

   2. (B) a plan for the disposal of all material containing PCB;
2. (2) the department approves the plan for disposal of the material containing PCB described in subdivision (1)(B); and

3. (3) the person annually files with the department a report detailing:

   1. (A) the total amount of PCB used by the person; and

   2. (B) other information required by rule of the board to protect the public health, safety, and welfare from the toxic effects and environmental dangers of PCB.

      [Pre-1996 Recodification Citation: 13-7-16.5-5.]

As added by P.L.1-1996, SEC.10.