Sec. 6. (a) This section does not apply to any release that results in exposure to persons solely within the site or sites on which a facility is located.
(b) If:
(1) a release of an extremely hazardous substance occurs from a facility at which a hazardous chemical is produced, used, or stored; and
(2) the release requires a notification under 42 U.S.C. 9603(a);
the owner or operator of the facility shall immediately provide notice as described in section 7 of this chapter.
(c) If a release of an extremely hazardous substance that is on the list referred to in section 2 of this chapter occurs from a facility at which a hazardous chemical is produced, used, or stored and the release is not subject to the notification requirements under 42 U.S.C. 9603(a), the owner or operator of the facility shall immediately provide notice as described in section 7 of this chapter if the release:
(1) is not a federally permitted release (as defined in 42 U.S.C. 9601(10));
(2) is in an amount that exceeds a quantity that the administrator has determined by regulation requires notice; and
(3) occurs in a manner that would require notification under 42 U.S.C. 9603(a).
(d) If a release of a substance that is not on the list referred to in section 2 of this chapter occurs at a facility at which a hazardous chemical is produced, used, or stored, and the release requires notification under 42 U.S.C. 9603(a), the owner or operator shall provide notice as follows:
(1) If a reportable quantity has been established for the substance under 42 U.S.C. 9602(a), the owner or operator shall provide the notice as described in section 7 of this chapter.
(2) If a reportable quantity has not been established for the substance under 42 U.S.C. 9602(a), the owner or operator shall provide the notice as described in section 7 of this chapter for any release of at least one (1) pound of the substance.
[Pre-1996 Recodification Citation: 13-7-37-13.]
As added by P.L.1-1996, SEC.15.
Structure Indiana Code
Article 25. Hazardous Substances
Chapter 2. Emergency Planning and Notification
13-25-2-1. Applicability of Chapter
13-25-2-2. Applicability of Chapter; Designation of Additional Facilities
13-25-2-3. Notice That Facility Is Subject to Requirements of Chapter
13-25-2-4. Notice to Administrator
13-25-2-5. Local Emergency Plan
13-25-2-6. Notice of Release of Substances
13-25-2-6.5. Evaluation of Notification Options; Toll Free Telephone Line to Be Provided
13-25-2-7. Notice From Owner or Operator
13-25-2-8. Material Safety Data Sheet
13-25-2-9. Emergency and Hazardous Chemical Inventory Form; Tier Ii Information
13-25-2-10. Filing of Emergency and Hazardous Chemical Inventory Form With Commission
13-25-2-10.4. Annual Fee; Exceptions
13-25-2-10.5. Local Emergency Planning Right to Know Fund
13-25-2-10.6. Distribution of Money in Local Emergency Planning and Right to Know Fund
13-25-2-10.7. Withholding Funding for Noncompliance
13-25-2-11. Fire Department; Access for Onsite Inspection; Notice of Location Information
13-25-2-12. Permission to Withhold Chemical Name and Identity Information
13-25-2-13. Duty to Release Chemical Identity Information
13-25-2-14. Disclosure to General Public
13-25-2-15. Civil Actions by Persons
13-25-2-16. Civil Actions by State or Unit of Local Government
13-25-2-17. Civil Actions by Commission or Local Emergency Planning Committee
13-25-2-19. Commission's Right of Entry, Inspection, and Copying