2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 2. Emergency Planning and Notification › 13-25-2-10. Filing of Emergency and Hazardous Chemical Inventory Form With Commission

Sec. 10. (a) On or after January 1 and before March 1 of each year, a facility that is required to prepare or have available a material safety data sheet for a hazardous chemical under the federal Occupational Safety and Health Act (29 U.S.C. 651 through 658) and regulations adopted under the Act shall submit the following to the commission:
(1) A tier II emergency and hazardous chemical inventory form containing the information required by section 9 of this chapter.
(2) A fee in the amount established by section 10.4 of this chapter. This fee shall be deposited in the local emergency planning and right to know fund established in section 10.5 of this chapter.
The tier II inventory form must contain data with respect to the preceding calendar year, and the inventory form and the fee shall be submitted in the form and manner established by the commission.
(b) The commission shall make the tier II emergency and hazardous chemical inventory form information provided to the commission by a facility under subsection (a)(1) available to the following:
(1) The appropriate local emergency planning committee.
(2) The fire department that has jurisdiction over the facility.
(c) Upon the request of:
(1) a local emergency planning committee; or
(2) a fire department with jurisdiction over a facility;
the owner or operator of a facility that is required to prepare or have available a material safety data sheet for a hazardous chemical under the federal Occupational Safety and Health Act (29 U.S.C. 651 through 658) and regulations adopted under the Act shall provide the tier II emergency and hazardous chemical inventory form information to the person making the request. A request must be made with respect to a specific facility.
(d) A state or local official acting in the official's capacity may have access to information on the tier II emergency and hazardous chemical inventory forms by submitting a request to the commission or a local emergency planning committee. If the commission or the emergency planning committee does not already possess the requested information, upon receipt of a request for tier II emergency and hazardous chemical inventory form information, the commission or committee shall request the facility owner or operator to provide the tier II emergency and hazardous chemical inventory form information. The commission or the local emergency planning committee shall make the information available to the official.
(e) A person may make a request to the commission or a local emergency planning committee for tier II emergency and hazardous chemical inventory form information relating to the preceding year with respect to a facility. The request must be in writing and must be made with respect to a specific facility.
(f) Any tier II emergency and hazardous chemical inventory form information that the commission or a local emergency planning committee possesses shall be made available to a person making a request under this section in accordance with section 14 of this chapter. If the commission or local emergency planning committee does not possess the tier II emergency and hazardous chemical inventory form information requested, the commission or local emergency planning committee shall request the facility owner or operator to:
(1) provide the tier II emergency and hazardous chemical inventory form information with respect to a hazardous chemical that a facility has stored in an amount of at least ten thousand (10,000) pounds present at the facility at any time during the preceding year; and
(2) make the information available in accordance with section 14 of this chapter;
to the person making the request.
(g) For tier II emergency and hazardous chemical inventory form information that is not in the possession of the commission or a local emergency planning committee with respect to a hazardous chemical that a facility has stored in an amount that is less than ten thousand (10,000) pounds at the facility at any time during the preceding year, a request from a person must include a statement specifying the general need for the information. The commission or local emergency planning committee may request the facility owner or operator for the tier II emergency and hazardous chemical inventory form information on behalf of the person making the request. Upon receipt of any information requested on behalf of the person, the commission or local emergency planning committee shall make the information available in accordance with section 14 of this chapter to the person.
(h) The commission or a local emergency planning committee shall respond to a request for tier II emergency and hazardous chemical inventory form information under this section not later than seven (7) days after the date the request is received.
(i) The following provisions apply to the fee required by subsection (a)(2):
(1) A facility that is subject to the fee required by subsection (a)(2) that fails to pay the entire fee by March 1 of each year shall pay to the commission a late fee of twenty dollars ($20) in addition to the fee payable under subsection (a)(2). This late fee shall increase by twenty dollars ($20) for each month that the required fee is not paid. This late fee shall never exceed one hundred percent (100%) of the fee required by subsection (a)(2).
(2) If a payment is made by bank draft, check, cashier's check, electronic check, or money order, the liability is not finally discharged and the person has not paid the fee until the draft, check, or money order has been honored by the institution on which it is drawn. If the payment is made by credit card, debit card, charge card, or similar method, the liability is not finally discharged and the person has not paid the fee until the commission receives payment or credit from the institution responsible for making the payment or credit.
(3) If a financial institution reports that it dishonors or rejects a person's check, credit card payment, electronic funds transfer, or other form of payment, the commission shall assess and collect the fees and charges authorized in IC 35-43-5, if applicable, in addition to the applicable late fee assessed under subdivision (1). If the person subject to the penalty under this subsection can show that there is reasonable cause for the payment not being honored, the commission may waive the fees and charges imposed under this subsection.
[Pre-1996 Recodification Citation: 13-7-37-16(f), (g), (h), (i), (j), (k), (l).]
As added by P.L.1-1996, SEC.15. Amended by P.L.85-2015, SEC.12; P.L.174-2021, SEC.14.