Section 328IAC1-1-5.1. "Emergency measures" defined

  1. "Emergency measures" means any work described under IC 13-23-8-4(b)(1). The term only includes the necessary work performed to directly abate the following conditions related to a release:

(1) Petroleum or petroleum constituents are detected in indoor air in an inhabitable building greater than short term risk-based concentrations under IC 13-12-3-2 for the contaminants of concern.

(2) Petroleum or petroleum constituents, greater than ten percent (10%) of the measured lower explosive limits, are detected anywhere in utility conduits, such as sewers.

(3) Petroleum or petroleum constituents are detected as free product or sheen in utility conduits or surface water.

(4) Petroleum or petroleum constituents are detected as free product off-site, not including easements or rights-of-way.

(5) Petroleum or petroleum constituents are detected at or above the maximum contamination levels (MCLs) or RISC residential ground water cleanup objectives under IC 13-12-3-2(a):

(A) in a drinking water well, as measured at the point of compliance or at the tap; or

(B) within one (1) year time of travel from a public drinking water well, and the petroleum or petroleum constituents are in imminent danger of impacting drinking water.

(6) Any other condition requiring direct abatement, as specified by the commissioner, based on the potential threat to human health or the environment.

(Underground Storage Tank Financial Assurance Board; 328 IAC 1-1-5.1; filed Oct 17, 2001, 4:30 p.m.: 25 IR 788; filed Aug 30, 2004, 9:40 a.m.: 28 IR 124; readopted filed May 14, 2007, 1:52 p.m.: 20070523-IR-328070137BFA; readopted filed Jul 29, 2013, 9:18 a.m.: 20130828-IR-328130177BFA)