Section 328IAC1-1-9. "Substantial compliance" defined

   (a) "Substantial compliance" means that, at the time a release was first suspected by the owner, operator, or agent of the owner or operator:

(1) the owner or operator has met the requirements of IC 13-23-8-4(a), with the exception of minor violations of:

(A) statutory deadlines;

(B) regulatory deadlines; or

(C) regulatory requirements;

that have not caused an imminent threat to harm human health or the environment; and

(2) a minimum of fifty percent (50%) of the registration fees have been paid as required under IC 13-23-12 and 328 IAC 1-3-3.

  (b) An owner or operator is not in substantial compliance if the release has not been reported within fourteen (14) days of the date the release was required to be reported under the spill reporting rule in rules of the solid waste management board at 329 IAC 9-4-4.

  (c) "Suspected", for purposes of this article, means that the owner, operator, or agent of the owner or operator, identified one (1) or more of the following:

(1) There is a loss of product.

(2) Product odors.

(3) Visual indicators of product.

(4) UST system alarms are triggered.

(5) Soil discoloration.

(Underground Storage Tank Financial Assurance Board; 328 IAC 1-1-9; filed Dec 4, 1992, 11:00 a.m.: 16 IR 1052; filed Nov 1, 1995, 8:30 a.m.: 19 IR 343; readopted filed Jan 10, 2001, 3:21 p.m.: 24 IR 1534; filed Oct 17, 2001, 4:30 p.m.: 25 IR 789; filed Aug 30, 2004, 9:40 a.m.: 28 IR 125; readopted filed May 14, 2007, 1:52 p.m.: 20070523-IR-328070137BFA; filed Feb 24, 2011, 2:04 p.m.: 20110323-IR-328080684FRA)