Authority: IC
13-14-8; IC
13-14-4-3
Affected: IC
13-14-4-1;
IC 13-18-12
Sec. 6.
(a) Whenever
necessary to carry out the provisions of this article (327 IAC
3), any person
who is or may be reasonably expected to be subject to such regulatory
provisions shall:
(1) establish and maintain
records;
(2) make
reports;
(3) install, use, and
maintain monitoring equipment or method (including, where appropriate,
biomonitoring methods);
(4) sample
effluents, internal wastestreams where appropriate, or other material;
and
(5) provide other data,
including, but not limited to, raw materials, catalysts, intermediate products,
by-products, production rates, and related process information;
at such locations, at such times, and in such a manner, as
the commissioner may reasonably prescribe.
(b) Sampling of internal wastestreams under
subdivision (a)(4) and the provision of data under subdivision (a)(5) shall not
be required by the commissioner unless:
(1)
such data is reasonably expected to facilitate the identification or
quantification of pollutants which may be released to the environment from
facilities owned or operated by the person to whom the request is made;
and
(2) the identification or
quantification of such pollutants could not reasonably be made by the
commissioner in the absence of the requested information.
(c) The commissioner, or his authorized
representative, upon presentation of proper credentials:
(1) Shall have a right of entry to, upon, or
through any premises, public or private, in which records, reports, monitoring
or treatment equipment or methods, samples, or other data required to be
maintained or provided under subsection (a) are located.
(2) May at reasonable times have access to
and copy any records, inspect any monitoring or treatment equipment or method,
or sample any effluent, internal wastestream, or other material required under
subsection (a).
For purposes of this subsection, the commissioner may
authorize, as his representative, any fulltime employee of the department or
any person under contract with the department whereby such person has agreed,
in writing under oath, not to disclose any information collected in performance
of his contact to any person except as specified by the contract.
