Authority: IC 13-14-8; IC 13-19-3; IC 13-23-13-7; IC 13-24-1; IC 13-25-4- 7

Affected: IC 13-25-4

Sec. 1. (a) The ranking of sites or releases under the PRS will be a dynamic process, and the rank may be subject to change based on:

1. (1) site circumstances;
2. (2) receipt of additional information; or
3. (3) other relevant factors.

However, the partial implementation of remedial action at sites selected for such action will not be considered alone as a circumstance requiring a reprioritization of the site.

(b) Factors that may result in the reprioritization of a site include any of the following:

1. (1) Any action taken that:

   1. (A) is verifiable by the department and consistent with the ultimate remedial action appropriate for the site; and
   2. (B) significantly controls or reduces the source of the release or threat of release.
2. (2) Receipt of information concerning the actual or imminent release of a hazardous substance, petroleum, petroleum constituent, or contaminant previously believed to be contained or controlled.
3. (3) Review of the initial site characterization, further site investigation, a corrective action progress report, or a remediation work plan.

(c) Actions taken at the site merely to abate the risk to human health or the environment and that do not control, reduce, or eliminate the source of the hazardous substance, petroleum, petroleum constituent, or contaminant being released or threatened to be released will not be considered alone as a basis for reprioritizing the release or the site.

(Solid Waste Management Division; 329 IAC 7.1-6- 1; filed Jun 5, 2008, 11:19 a.m.: 20080702-IR-329060147FRA; readopted filed Aug 6, 2014, 9:49 a.m.: 20140903-IR- 329140187BFA; readopted filed May 27, 2020, 9:00 a.m.: 20200624-IR-329200188BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)