1. (a) To allow the commissioner to take or to assess the need for removal or remedial action under section 1, 2, or 3 of this chapter or to enforce this chapter, an owner, an operator, or a responsible party of a facility, upon the request of an officer, an employee, or a designated representative of the department, shall:

   1. (1) furnish information relating to the facility or the facility's associated equipment or contents;
   2. (2) conduct testing of the facility or the facility's associated equipment or contents;

   3. (3) conduct testing of:

      1. (A) soils;
      2. (B) air;
      3. (C) surface water; or

      4. (D) ground water;

         surrounding the facility if the testing, using methods that are similar to but do not exceed federal standards, confirms a release of petroleum, or if other evidence exists that gives cause for reasonable suspicion that a release has occurred;

   4. (4) allow, at reasonable times, the officer, employee, or designated representative to have access to and to copy records that relate to the release at the facility; and
   5. (5) allow the officer, employee, or designated representative to have access for response, removal, or remedial action under section 2 of this chapter.

2. (b) For the reasons described under subsection (a), an officer, an employee, or a designated representative of the department may enter, at reasonable times, a site where a facility is located or where petroleum may be present because of a release from a facility to do the following:

   1. (1) Inspect and obtain samples of petroleum contained in the facility from any person.

   2. (2) Conduct testing of:

      1. (A) the facility;
      2. (B) the facility's associated equipment or contents; or

      3. (C) surrounding:

         1. (i) soils;
         2. (ii) air;
         3. (iii) surface water; or
         4. (iv) ground water.
   3. (3) Take removal or remedial action under section 2 of this chapter.

3. (c) An action authorized under this section shall be commenced and completed with reasonable promptness.

   [Pre-1996 Recodification Citation: 13-7-20.1-11.]

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