Section 329IAC9-2-2. Notification requirements

   (a) All notifications required to be submitted under this section must be submitted on a form and in a format prescribed by the commissioner.

  (b) Any person who owns an UST system or tank shall, within thirty (30) days of owning such an UST system or tank or bringing such tank or UST system into use, submit notice to the agency to register the tank or UST system. Bringing a tank or UST system "into use" means the tank or UST system contains or has:

(1) contained a regulated substance; and

(2) not been closed under 329 IAC 9-6.

  (c) An owner required to submit notice under this section shall provide notice for each tank the owner owns. The owner may provide notice for several tanks at one (1) location using one (1) form. An owner with tanks located in more than one (1) place of operation shall submit a separate notification form for each separate place of operation.

  (d) An owner required to submit notice under this section shall provide all the information required by the form provided by the agency for each tank for which notice is submitted.

  (e) All owners and operators of new or replaced UST systems shall certify, on each notification form submitted, with original signature in ink, compliance with the following requirements:

(1) Installation of all tanks and piping under section 1(5) of this rule.

(2) Cathodic protection of steel tanks and piping under section 1(1) and 1(2) of this rule.

(3) Release detection under 329 IAC 9-7-2 and 329 IAC 9-7-3.

(4) Financial responsibility under 329 IAC 9-8.

  (f) All owners and operators of UST systems shall ensure that whoever performs tank system:

(1) installations;

(2) testing;

(3) upgrades;

(4) closures;

(5) removals; and

(6) change-in-service;

is certified by the department of homeland security, division of fire and building safety. The certified person who performs the work shall certify, by original signature in ink on the notification form provided by the agency, that the work performed complies with methods specified by section 1(4) of this rule.

  (g) All owners and operators of UST systems who upgrade the tank system to meet upgrade requirements under 329 IAC 9-2.1 shall, within thirty (30) days of completing the upgrade, submit notice of the upgrade to the agency.

  (h) All owners and operators of UST systems who:

(1) temporarily close a tank system under 329 IAC 9-6-5; or

(2) close a tank system under 329 IAC 9-6-1;

shall, within thirty (30) days of completing such action, submit notice of this action to the agency.

  (i) All owners and operators of UST systems who install a method of release detection under 329 IAC 9-7-2 and 329 IAC 9-7-3 shall, within thirty (30) days of completing such action, submit notice of this action to the agency.

  (j) Any person who sells a facility with a regulated underground storage tank that:

(1) is being used as an UST system; or

(2) will be used as an UST system;

shall notify the purchaser of such tank of the owner's obligation to submit notice under subsection (b).

  (k) An owner and operator of an UST system that is:

(1) in the ground on or after May 8, 1986; and

(2) not taken out of operational life on or before January 1, 1974;

shall notify the agency of the service status of the UST system under 42 U.S.C. 6991a of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901, et seq., in effect on September 30, 1996, on a form provided by the agency for this notification. (Solid Waste Management Division; 329 IAC 9-2-2; filed Dec 1, 1992, 5:00 p.m.: 16 IR 1068; filed Jul 19, 1999, 12:00 p.m.: 22 IR 3699; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; filed Aug 30, 2004, 9:35 a.m.: 28 IR 150; errata filed Oct 7, 2004, 11:55 a.m.: 28 IR 608; filed Aug 3, 2009, 1:48 p.m.: 20090902-IR-329080055FRA)