Section 327IAC5-1-3. Department requests for data

   (a) Whenever necessary to carry out the provisions of this article, any person who is or may be reasonably expected to be subject to such regulatory provisions shall:

(1) establish and maintain such records;

(2) make such reports;

(3) install, use, and maintain such monitoring equipment or methods (including, where appropriate, biomonitoring methods);

(4) sample such effluents, internal wastestreams, where appropriate, or other material; and

(5) provide such other data, including, but not limited to:

(A) raw materials;

(B) catalysts;

(C) intermediate products;

(D) by-products;

(E) production rates; and

(F) related process information;

at such locations, at such times, and in such a manner as the commissioner may reasonably prescribe.

  (b) Sampling of internal wastestreams under subsection (a)(4) and the provision of data under subsection (a)(5) shall not be required by the commissioner unless:

(1) such data is reasonably expected to facilitate the identification or quantification of pollutants which may be released to the environment from facilities owned or operated by the person to whom the request is made; and

(2) the identification or quantification of such pollutants could not reasonably be made by the commissioner in the absence of the requested information.

  (c) The commissioner, upon presentation of proper credentials:

(1) shall have a right of entry to, upon, or through any premises, public or private, in which records, reports, monitoring or treatment equipment or methods, samples, or other data required to be maintained or provided under subsection (a) are located; and

(2) may at reasonable times have access to and copy any records, inspect any monitoring or treatment equipment or method, or sample any effluent, internal wastestream, or other material required under subsection (a).

  (d) For purposes of subsection (c), the commissioner may authorize, as his representative, any employee of the Indiana department of environmental management or any person under contract with the Indiana department of environmental management whereby such person has agreed, in writing under oath, not to disclose any information collected in performance of his contact to any person except as specified by the contract. (Water Pollution Control Division; 327 IAC 5-1-3; filed Sep 24, 1987, 3:00 p.m.: 11 IR 617; filed Feb 26, 1993, 5:00 p.m.: 16 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)