Authority: IC 13-14-8; IC 13-23-1

Affected: IC 13-23-1-4; IC 13-23-12-1; IC 13-23-14-4

Sec. 6. (a) Notification to the UST owner or operator of ineligibility shall be provided before delivery prohibition.

(b) Notification shall:

1. (1) be delivered:

   1. (A) in person; or
   2. (B) by certified mail with return receipt;

2. (2) be delivered to the:

   1. (A) address of the owner or operator provided to the department on the form required by 329 IAC 9-2-2;
   2. (B) registered agent if the owner or operator is a business; or
   3. (C) facility where the UST is located; and

3. (3) provide:

   1. (A) identification of the tank that is ineligible;
   2. (B) a list of the violations that caused ineligibility;
   3. (C) actions the owner or operator must take for the UST to be reclassified from ineligible to eligible; and
   4. (D) the date delivery prohibition shall be imposed.

(c) If a UST is determined to be ineligible under section 5(1) of this rule, the commissioner may determine an immediate order of delivery prohibition, described in section 8 of this rule, be issued and a red tag attached to the UST. The delivery prohibition order may serve as notification of ineligibility.

(d) If a UST is determined to be ineligible under section 5(2) of this rule, the commissioner may determine, after providing a thirty (30) day warning period described in section 7 of this rule, to issue a delivery prohibition order.

(Solid Waste Management Division; 329 IAC 9-4.5-6; filed Nov 25, 2014, 3:43 p.m.: 20141224-IR-329130272FRA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)