1. (a) Except as provided in subsection (c), the commissioner may undertake removal or remedial action with respect to a release of petroleum at a petroleum facility if:

   1. (1) the action is necessary, in the judgment of the commissioner, to protect human health and the environment; and

   2. (2) a person cannot be found not later than ninety (90) days after the suspected or confirmed release is identified who is:

      1. (A) an owner or operator of the petroleum facility or a responsible person; and
      2. (B) capable of properly carrying out removal or remedial action with respect to the release.
2. (b) In undertaking removal or remedial action under subsection (a), the commissioner shall give priority to releases of petroleum from a petroleum facility that pose the greatest threat to human health and the environment.

3. (c) The commissioner may undertake or require removal or remedial action with respect to a release of petroleum into the environment if it is determined that an emergency exists under IC 4-21.5-4 .

   [Pre-1996 Recodification Citation: 13-7-20.1-8(b), (c), (e).]

As added by P.L.1-1996, SEC.14.