Section 327IAC2-6.1-4. Definitions

   In addition to the definitions contained in IC 13-11-2-17(d), IC 13-11-2-35(a), IC 13-11-2-51, IC 13-11-2-158(a), IC 13-11-2-160, IC 13-11-2-260, IC 13-11-2-265, and in 327 IAC 1, the following definitions apply throughout this rule:

(1) "Animal" means all mammals, birds, reptiles, amphibians, fish, crustaceans, and mollusks.

(2) "Aquatic life" means those plants and macroinvertebrates that are dependent upon an aquatic environment.

(3) "Contain" means to take such immediate action as necessary to dam, block, restrain, or otherwise act to most effectively prevent a spill from entering waters of the state or minimize damage to the waters of the state from a spill.

(4) "Damage" means the actual or imminent alteration of the waters of the state so as to render the waters harmful, detrimental, or injurious to:

(A) public health, safety, or welfare;

(B) domestic, commercial, industrial, agricultural, or recreational uses; or

(C) animals or aquatic life.

(5) "Downstream water user" means:

(A) a community public water supply, as identified by the department of natural resources under IC 14-25-7-13(d);

(B) a significant water withdrawal facility as registered with the department of natural resources under IC 14-25-7-15;

(C) users of recreational waters; or

(D) any other user made known to the person who has a spill.

(6) "Extremely hazardous substance" means a substance identified pursuant to 42 U.S.C. 11002 and 11004. (40 CFR 355 Appendix A.)

(7) "Facility" means all land, buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous sites and that are owned or operated by the same person or by any person who controls, is controlled by, or is under common control with, such person.

(8) "Facility boundary" means the boundary of a facility or an easement or right-of-way.

(9) "Hazardous substance" has the meaning set forth in 42 U.S.C. 9601(14).

(10) "Mode of transportation" includes, but is not limited to, carriage by:

(A) rail and motor vehicles;

(B) aircraft;

(C) watercraft;

(D) pipelines; or

(E) other means of transportation;

in commerce. This definition excludes carriage within a facility by transportation equipment owned, operated, or controlled by that facility.

(11) "Objectionable substances" means substances that are:

(A) of a quantity and a type; and

(B) present for a duration and in a location;

so as to damage waters of the state. This definition excludes hazardous substances, extremely hazardous substances, petroleum, and mixtures thereof.

(12) "On-scene coordinator" means a state or federal official designated by the department, the United States Environmental Protection Agency, or the United States Coast Guard to direct and coordinate special spill response activities.

(13) "Recreational waters" means any water used for:

(A) boating, swimming, fishing, hunting, trapping, or wildlife viewing; or

(B) public access areas that are owned by the department of natural resources or the federal government;

as listed by the department.

(14) "Reportable quantity" means the amount of a hazardous substance or extremely hazardous substance that is required to be reported under federal law under 42 U.S.C. 9602(a) and (b) and 42 U.S.C. 9603(a). (40 CFR 302.4 or 40 CFR 355 Appendix A.)

(15) "Spill" means any unexpected, unintended, abnormal, or unapproved dumping, leakage, drainage, seepage, discharge or other loss of petroleum, hazardous substances, extremely hazardous substances, or objectionable substances. The term does not include releases to impermeable surfaces when the substance does not migrate off the surface or penetrate the surface and enter the soil.

(16) "Spill response", for purposes of this rule, means the following:

(A) The spill is contained; and

(B) Free material is removed or neutralized.

(17) "Spill report" means an oral report that includes the following information about a spill, to the extent that the information is known at the time of the report:

(A) The name, address, and telephone number of the person making the spill report.

(B) The name, address, and telephone number of a contact person if different from clause (A).

(C) The location of the spill.

(D) The time of the spill.

(E) The identification of the substance spilled.

(F) The approximate quantity of the substance that has been or may further be spilled.

(G) The duration of the spill.

(H) The source of the spill.

(I) Name and location of the waters damaged.

(J) The identity of any response organization responding to the spill.

(K) What measures have been or will be undertaken to perform a spill response.

(L) Any other information that may be significant to the response action.

(18) "Waters", as defined in IC 13-11-2-265, means the accumulations of water, surface and underground, natural and artificial, public and private, or parts thereof, that are wholly or partially within, flow through, or border upon this state. The term does not include any private pond or any off-stream pond, reservoir, or facility built for reduction or control of pollution or cooling of water prior to discharge unless the discharge from the pond, reservoir, or facility causes or threatens to cause water pollution.

(Water Pollution Control Division; 327 IAC 2-6.1-4; filed Feb 25, 1997, 1:00 p.m.: 20 IR 1731; errata filed Mar 7, 1997, 2:25 p.m.: 20 IR 1738; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA)