1. The commission shall adopt rules to establish criteria for the classification and prioritization of sites upon which contamination has been discovered.
a. For purposes of this section:
(1) "Action level" means action level as defined in 567 IAC 133.2, adopted as of a specific date by rule of the department.
(2) "Contamination" means the presence of one or more pesticides, as defined in section 206.2, or the presence of fertilizer, as defined in section 200.3, in soil or groundwater at levels above those that would result at normal field application rates or above background levels.
(3) "Contaminated site" means a site upon which contamination has been discovered.
(4) "Responsible person" means responsible person as defined in 567 IAC 133.2, adopted as of a specific date by rule of the department.
b. A contaminated site shall be classified as either high, medium, or low priority.
(1) A site shall be considered high priority under any of the following conditions:
(a) Groundwater contamination exceeds action levels and is affecting or likely to affect groundwater used as a drinking water source.
(b) Contamination is affecting or likely to affect surface water bodies to a level which exceeds surface water quality standards under section 455B.173.
(c) Contamination is discovered in an ecologically sensitive area. An ecologically sensitive area is one which is designated by the department.
(2) A site shall be considered medium priority if contamination of groundwater exceeds action levels, but does not meet the criteria for classification as a high priority site.
(3) A site shall be considered low priority under any of the following conditions:
(a) If soil contamination exists at the site, but no groundwater contamination exists at the site.
(b) If soil contamination exists and groundwater contamination has been discovered, but is below action levels.
(4) A site shall be reclassified as a site with a higher or lower classification when the site falls within a higher or lower classification as established under this paragraph.
c. An initial site plan shall be developed by the responsible person and approved by the department for each site upon which contamination has been discovered. The site plan shall include all of the following:
(1) A determination as to the extent of the existing soil, groundwater, or surface water contamination.
(2) The proximity of the contamination and the likelihood that the contamination will affect a drinking water well.
(3) The characteristics of the site and the potential for migration of the contamination.
(4) A recommendation as to whether the site should be classified as a high, medium, or low priority site.
(5) If a site is classified as a high or medium priority site, further investigation shall be conducted to determine the extent of the remediation which should be conducted on the site.
d. The corrective action response requirements for high, medium, or low priority sites shall be administered in accordance with the following:
(1) Soils and groundwaters on a high priority site shall be actively remediated, where technically feasible, until such time as the groundwater contamination levels are below action levels.
(2) Remediation on a medium priority site shall include either monitoring or active or passive remediation and shall be determined by the department on a site-by-site basis based upon the findings of the site plan. Remediation on a medium priority site shall include at least that which would be required on a low priority site.
(3) (a) Active soil remediation shall be required on a low priority site if remediation would be more practical and cost-effective than monitoring.
(b) If active soil remediation on a low priority site is undertaken, no further action shall be required on the site.
(c) If active soil remediation is not undertaken on a low priority site, a site shall be monitored, for a specified period of time as determined by the department.
2. This section is applicable to all sites upon which contamination has been discovered, unless corrective action on a site has already been approved and implemented.
3. Application of contaminated groundwaters and soils on land upon which the contaminants have been applied in accordance with department rules shall not exceed a level which would preclude the resumption of normal farming practices within a two-year period.
4. This section does not affect the ability of the department or the United States environmental protection agency to require monitoring or remediation on sites that are placed on the national priorities list pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act.
92 Acts, ch 1239, § 48
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