327 IAC 2-6.1-7 Reportable spills; responsibilities

Sec. 7. Any person who operates, controls, or maintains any mode of transportation or facility from which a spill occurs shall, upon discovery of a reportable spill to the soil or surface waters of the state, do the following: (1) Contain the spill, if possible, to prevent additional spilled material from entering the waters of the state. (2) Undertake or cause others to undertake activities needed to accomplish a spill response. (3) As soon as possible, but within two (2) hours of discovery, communicate a spill report to the Department of Environmental Management, Office of Land Quality, Emergency Response Section: Area Code 1-888-233-7745 for in-state calls (toll free), (317) 233-7745 for out-of-state calls. If new or updated spill report information becomes known that indicates a significant increase in the likelihood of damage to the waters of the state, the responsible party shall notify the department as soon as possible but within two (2) hours of the time the new or updated information becomes known. (4) Submit to the Indiana Department of Environmental Management, Office of Land Quality, Emergency Response Section (MC 66-30), 2525 N. Shadeland Ave., Suite 100, Indianapolis, IN 46219-1787, a written copy of the spill report if requested in writing by the department. (5) Except from modes of transportation other than pipelines, exercise due diligence and document attempts to notify the following: (A) For spills to surface water that cause damage, the nearest affected downstream water user located within ten (10) miles of the spill and in the state of Indiana; and (B) For spills to soil outside the facility boundary, the affected property owner or owners, operator or operators, or occupant or occupants.