1. (a) The commissioner, upon the application of any affected person or in the absence of any application, may suspend enforcement of the financial responsibility requirements for a particular class or category of underground storage tanks if the commissioner determines that the following conditions exist:

   1. (1) The methods of financial responsibility satisfying the requirements of this article are not generally available for underground storage tanks in that class or category.

   2. (2) Steps are being taken:

      1. (A) to form a risk retention group for the class or category; or
      2. (B) to establish a fund under Section 9004(c)(1) of the federal Solid Waste Disposal Act, as amended (42 U.S.C. 6991c(c)(1), as amended), to be submitted as evidence of financial responsibility.
2. (b) A suspension of enforcement under this section may not exceed one hundred eighty (180) days. Following a suspension of enforcement under this section, the commissioner may suspend enforcement for additional successive periods of not more than one hundred eighty
3. (180) days if:
4. (1) the commissioner determines that substantial progress has been made in establishing a risk retention group; or

5. (2) the owners or operators of underground storage tanks in the class or category demonstrate to the satisfaction of the commissioner that:

   1. (A) the formation of a risk retention group is not possible; and
   2. (B) the state is unable or unwilling to establish a fund as described in subsection (a)(2)(B).

   3. (c) A determination to suspend enforcement of the financial responsibility requirements for a particular class or category of underground storage tanks under subsection (a) or (b) may not be effective until the Administrator of the United States Environmental Protection Agency has made the same determination under Section 9003(d)(5)(D) of the federal Solid Waste Disposal Act, as amended (42 U.S.C. 6991b(d)(5)(D), as amended), with respect to the same class or category of underground storage tanks.

      [Pre-1996 Recodification Citation: 13-7-20-16.]

As added by P.L.1-1996, SEC.13.