Section 327IAC3-5-6. Agency requests for data

   (a) Whenever necessary to carry out the provisions of this article (327 IAC 3), any person who is or may be reasonably expected to be subject to such regulatory provisions shall:

(1) establish and maintain records;

(2) make reports;

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

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

(5) provide other data, including, but not limited to, raw materials, catalysts, intermediate products, by-products, production rates, and 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 subdivision (a)(4) and the provision of data under subdivision (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, or his authorized representative, 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.

(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).

  For purposes of this subsection, the commissioner may authorize, as his representative, any fulltime employee of the department or any person under contract with the department 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 3-5-6; filed Sep 24, 1987, 3:00 pm: 11 IR 611; 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)