329 IAC 9-4.5-6 Notification

Sec. 6. (a) Notification to the UST owner or operator of ineligibility shall be provided before delivery prohibition. (b) Notification shall: (1) be delivered: (A) in person; or (B) by certified mail with return receipt; (2) be delivered to the: (A) address of the owner or operator provided to the department on the form required by 329 IAC 9-2-2; (B) registered agent if the owner or operator is a business; or (C) facility where the UST is located; and (3) provide: (A) identification of the tank that is ineligible; (B) a list of the violations that caused ineligibility; (C) actions the owner or operator must take for the UST to be reclassified from ineligible to eligible; and (D) the date delivery prohibition shall be imposed. (c) If a UST is determined to be ineligible under section 5(1) of this rule, the commissioner may determine an immediate order of delivery prohibition, described in section 8 of this rule, be issued and a red tag attached to the UST. The delivery prohibition order may serve as notification of ineligibility. (d) If a UST is determined to be ineligible under section 5(2) of this rule, the commissioner may determine, after providing a thirty (30) day warning period described in section 7 of this rule, to issue a delivery prohibition order.