Section 312IAC16-5-6. Protection of underground storage reservoirs of petroleum products

   (a) A person engaged in the underground storage of petroleum products shall file with the division a dated and certified plat or map showing the lowest closing contour or the lease or ownership limits of any existing or proposed underground storage reservoir that the person owns or operates. The person shall update the plat or map as follows:

(1) July 1 of each year.

(2) Each time an underground storage reservoir is expanded or contracted, excluding seasonal fluctuations.

(3) Upon a change of the lease or ownership limits as filed with the division.

Where a plat or map is unchanged from the prior year, the requirements of this subsection are met upon filing with the division a notification on July 1 that the underground storage reservoir is unchanged from the prior year.

  (b) The division shall notify a permit applicant if the application is within the boundaries of an underground storage reservoir for which a certified map has been filed as provided in subsection (a). The division will include with this notification a waiver that must be sent by the applicant to the underground storage operator by certified mail. The waiver may be signed and returned to the division stating there are no objections to the location of the proposed well.

  (c) A person entitled to notification under subsection (b) may file a written request for an informal hearing under 312 IAC 16-2-3 to consider an objection to a permit application.

  (d) Any permit application for a well to be drilled within the limits defined in subsection (a) will not be issued until one (1) the following occurs:

(1) The executed waiver is returned to the division.

(2) Ten (10) days after the service of notification required in subsection (b), providing that the proof of service is submitted to the division as part of the application.

(3) If a hearing is requested under subsection (c), a determination has been made by the division director with respect to an objection. This determination shall include protective measures required to prevent waste and as may otherwise be appropriate to accomplishing the purposes of IC 14-37.

  (e) Nothing in this section shall be construed to relieve an owner or operator from compliance with sections 19 and 20 of this rule. (Natural Resources Commission; 312 IAC 16-5-6; filed Feb 23, 1998, 11:30 a.m.: 21 IR 2339; readopted filed Nov 17, 2004, 11:00 a.m.: 28 IR 1315; readopted filed Mar 25, 2010, 2:57 p.m.: 20100421-IR-312100033RFA; readopted filed Sep 30, 2015, 12:13 p.m.: 20151028-IR-312150224RFA)