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

Affected: IC 13-23-3; IC 13-23-12

Sec. 9. (a) A UST shall be reclassified from ineligible to receive a regulated substance to eligible if the:

1. (1) owner or operator notifies the department that all corrective actions listed in the notification have been taken; and

2. (2) department determines that the violations were corrected by:

   1. (A) reviewing and approving the provided documentation; or
   2. (B) reinspecting the UST.

(b) The UST owner or operator must provide applicable documentation to the department as follows to show the violations were corrected:

1. (1) UST test results performed by a UST tester, who is certified under IC 13-23-3.
2. (2) Proof of installation of equipment by a UST installer, who is certified under IC 13-23-3.
3. (3) Proof of payment of UST fees due under IC 13-23-12.
4. (4) Proof of submission of a complete registration or notification form described in 329 IAC 9-2-2.
5. (5) Any other documentation the department determines is necessary to show the owner or operator corrected the violations described in the notice of ineligibility.

(c) The commissioner shall issue a written determination of eligibility upon:

1. (1) review and approval of all required documentation; and
2. (2) an inspection of the UST, if applicable.

(d) The written determination shall include the following:

1. (1) Identification of the UST that is reclassified.
2. (2) A statement that all the violations described in the notification have been corrected and approved.
3. (3) A statement that the UST is eligible to receive a regulated substance.
4. (4) Authorization for the owner or operator to remove the identified red tag, if applicable.
5. (5) Instructions for removing and returning the red tag, if applicable.

(e) The written determination shall be delivered by one (1) of the following:

1. (1) Facsimile.
2. (2) Electronic mail.
3. (3) Certified mail.
4. (4) Other appropriate means.

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