Chapter Seventeen Spill Reporting Administered by: Indiana Department of Environmental Management (IDEM)
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Table of Contents For Information in an Emergency Call ..........................................................................3 Persons Likely to be Affected ........................................................................................3 Introduction to Spill Reporting ......................................................................................3 Basic Requirement .........................................................................................................3 General Requirements ....................................................................................................4 Classes of Spilled Materials ...........................................................................................4 Definition of a Reportable Spill ....................................................................................4 Facility Spills .................................................................................................................6 Surface Water Spills .......................................................................................................7 Transportation Spills ......................................................................................................7 Anhydrous Ammonia .....................................................................................................8 Livestock Waste Spills ...................................................................................................8 Spill Report ....................................................................................................................8 Reportable Spill Responsibilities ...................................................................................9 Penalties for Violations ................................................................................................10 Appendix ......................................................................................................................11
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For Information in an Emergency Call: Indiana Department of Environmental Management Office of Environmental Response (888) 233-7745 or, for outside the U.S., (317) 233-7745 For Anhydrous Ammonia spills, in addition call (800) 424-8802
Persons Likely to be Affected Any person who owns, operates, or is responsible for property on which hazardous substances, extremely hazardous substances, objectionable substances, or petroleum products are stored or used is likely to be affected by these regulations. Others, including those who transport such materials, may be affected as well. Disclaimer The following general information is provided for educational purposes only. It is recommended that you read all of the following information to assess whether you or your business may be affected. An attorney should be consulted to determine whether the following laws and regulations apply to you or your business. It is also recommended that you contact the appropriate agency with jurisdiction for further information. This disclaimer incorporates by reference the disclaimer in the Introduction.
Introduction to Spill Reporting Spill reporting requirements at the state level for hazardous, extremely hazardous, objectionable substances, or petroleum products exist independently of federal law. In any case where a spill occurs, federal law will apply in addition to state law. Owners and operators of facilities should follow both federal and state laws when they apply. (See Handbook Chapter 3 on Community Right-to-Know EPCRA, Chapter 1 on Above-Ground Storage Tanks, and Chapter 2 on Below-Ground Storage Tanks.)
Basic Requirement Owners and operators of agricultural facilities, as well as transporters of such substances, must report any spill of hazardous substances, extremely hazardous substances, objectionable substances, or petroleum products whenever they threaten to damage the waters of the state, the public, or the environment. There is not an exact list of ‘objectionable’ substances.
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Note: To avoid potential liability, it is good practice to report any spill of a chemical substance that goes beyond secondary containment structures. It is recommended that facilities have an individualized facility plan in case of fire or accidents.
General Requirements Reporting requirements for spills vary according to the type of material spilled, the amount spilled, and where the spill occurred. Local, state, or federal agencies may need to receive a spill report. Reporting requirements are separate from spill containment and cleanup; that is, you are responsible for reporting the spill, containing the spilled material, and clean-up, and notifying affected property owners and downstream water users.
Classes of Spilled Materials Spilled materials are divided into four classes or groups for reporting requirements: Hazardous Substances, generally, are elements, compounds, mixtures, solutions, and substances which, when released into the environment, may represent substantial danger to the public health or welfare, or the environment. These substances are defined in Title III of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). A listing of these substances is included in the EPA “List of Lists” linked at the end of this Chapter. Extremely Hazardous Substances are substances defined in Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA). These include products commonly found on the farm and are listed in the appendix to Chapter 3, on Community Right-to-Know (EPCRA). Objectionable Substances are those of the type and quantity which when present over a period of time may damage waters of the state. The state spill reporting rule does not clearly define these substances, however, livestock manure or waste from food processing plants are examples of these types of substance. Petroleum Products are substances that have a petroleum base. 327 IAC 2-6.1-4.
Definition of a Reportable Spill A spill is defined in 327 IAC 2-6.1-4(15): “Spill” means any unexpected, unintended, abnormal, or unapproved dumping, leakage, drainage, seepage, discharge or other loss of petroleum, hazardous substances, extremely hazardous substances, or objectionable substances. The term
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does not include releases to impermeable surfaces when the substance does not migrate off the surface or penetrate the surface and enter the soil. Spills of any of the above four classes of materials (hazardous substances, extremely hazardous substances, objectionable substances, and petroleum products) are to be reported when they are “of a quantity, type, duration and in a location as to damage waters of the state.” 327 IAC 2-6.1-1.
The term “waters of the state” does not include any private pond or any off-stream pond, reservoir, or facility built for reduction or control of pollution or cooling of water prior to discharge unless a discharge from the pond, reservoir, or facility would threaten to cause water pollution. The term does include ground waters. 327 IAC 2-6.1-4(18).
Exclusions from Spill Reporting The following exclusions apply to spill reporting requirements: •
Discharges that are under the jurisdiction of an applicable permit when the substance in question is covered by the permit, and death or acute injury or illness to humans or animals does not occur;
•
Lawful application of materials including, but not limited to, commercial or natural fertilizers and pesticides on or to land or water, or dust suppression materials;
•
The application of petroleum necessary for construction that does not damage waters of the state;
•
Spills of less than one (1) pound or one (1) pint;
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Spills of integral operating fluids, in the use of motor vehicles or other equipment, the total volume of which is less than or equal to fifty-five (55) gallons and which does not damage the waters of the state;
•
Oil sheens produced as a result of the normal operation of properly functioning watercraft;
•
A release of a substance integral to a spill response activity that has been approved and authorized by a state or federal on-scene coordinator.
327 IAC 2-6.1-3.
Other Considerations Additional factors may have a bearing on reporting. These factors include whether the spill occurred in an area of the state having unique geology, such as a karst Spill Reporting Chapter 17 © Indiana Farm Bureau Inc. Revised November 2012
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(sinkhole) regions or an area containing a sole source aquifer. 327 IAC 2-6.1-2.
There are also additional factors to determine whether a facility (including farmstead and farm fields) must report a spill, including whether the spill was in an area defined as a public water supply wellhead protection zone, or near recreational waters. 327 IAC 2-6.1-5.
327 IAC 2-6.1-6 covers reporting of transportation spills. Reportable Quantity Reportable quantity (RQ) refers to the amount of released substance that must be reported in accordance with CERCLA, SARA, and the Clean Water Act. These federal laws specify hazardous and extremely hazardous substances that must be reported if a release occurs. A listing of these substances and their RQ levels is included in the EPA “List of Lists” linked at the end of this Chapter. See also Chapter 3 of this Handbook, Community Right-to-Know. 327 IAC 2-6.1-4(14).
Facility Spills Spills from facilities (including farmsteads and farm fields) that must be reported: •
Spills that damage the waters of the state so as to cause death or acute injury or illness to humans or animals;
•
Spills from a facility that has been notified by a water utility that the facility is located in a delineated public water supply wellhead protection area, and (1) the spills are hazardous or extremely hazardous materials and the amount spilled exceeds one hundred (100) pounds or the reportable quantity, whichever is less, or (2) spills of petroleum exceeding fifty-five (55) gallons, or (3) spills of objectionable substances, as defined earlier in this section;
•
Spills that damage waters of the state, and (1) are located within fifty (50) feet of a known private drinking water well located beyond the facility boundary, or (2) are located within one hundred (100) yards of any waters designated as an outstanding state resource (except Lake Michigan), designated as exceptional or capable of supporting a salmonid fishery by the water pollution control board, or any water that is a fish hatchery, fish and wildlife area, nature preserve, or recreational recreational water owned by the Indiana Department of Natural Resources or the federal government.
327 IAC 2-6.1-5(1) - (3)
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Spills to soil beyond the facility boundary that must be reported: •
Spills of hazardous or extremely hazardous substances when the amount spilled exceeds one hundred (100) pounds or the reportable quantity, whichever is less;
•
Spills of petroleum products when the amount spilled exceeds fifty-five (55) gallons;
•
Spills of objectionable substances, as defined earlier in this section.
327 IAC 2-6.1-5(4)(B)
Spills to soil within the facility boundary that must be reported: •
Spills of hazardous or extremely hazardous substances when the amount spilled exceeds the reportable quantity;
•
Spills of petroleum when the spilled amount exceeds one thousand (1,000) gallons;
•
Spills of objectionable substances, as defined earlier in this section.
327 IAC 2-6.1-5(4)(C)
Any spill for which a spill response has not been done must be reported. 327 IAC 2-6.1-5(5)
Surface Water Spills Spills to surface waters that must be reported: •
Spills of hazardous or extremely hazardous substances when the amount exceeds one hundred (100) pounds or the reportable quantity, whichever is less;
•
Spills of petroleum of such quantity as to cause a sheen on the waters;
•
Spills of objectionable substances, as defined earlier in this chapter (p. 4).
Any spill for which a spill response has not been done must be reported. 327 IAC 2-6.1-5.(4)(A)
Transportation Spills Spills from a mode of transport that must be reported include: •
Spills that damage surface waters or damage the waters of the state so as to cause death, acute injury, or illness to humans or animals;
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Spills to soil of hazardous or extremely hazardous substances that exceed one hundred (100) pounds or the reportable quantity, whichever is less;
•
Spills of petroleum when the amount spilled exceeds fifty-five (55) gallons;
•
Spills of objectionable substances, as defined earlier in this chapter (p. 4);
•
Any spill for which a spill response has not been done.
327 IAC 2-6.1-6.
Anhydrous Ammonia Any spill of anhydrous ammonia exceeding one hundred (100) pounds must be immediately reported to the Indiana Department of Environmental Management: 1-800/233-7745 and the National Response Center: 1-800/424-8802. See Chapter 3, p. 5 (Community Right-to-Know EPCRA) for more. 40 CFR 302.4.
Livestock Waste Spills If you experience a release of animal waste that can cause or threaten to cause damage to the public health, safety, or welfare to aquatic life, animal life, plant life or recreational, domestic, commercial, industrial or agricultural water uses, you must: •
Immediately contain the spill;
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Either immediately after or during initial containment, clean-up the spill;
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Immediately call the Emergency Response Section, Department of Environmental Management at (888) 233-7745 or (317) 233-7745;
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Immediately notify and document, the nearest downstream water user;
•
Submit a written report to the Emergency Response Section.
Spill Report A spill report is an oral report that includes the following information, to the extent that it is known at the time of the report: •
Name, address and telephone number of the person making the report;
•
Name, address and phone number of a contact person, if different than above;
•
Location of the spill;
•
Time of the spill;
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Identification of the spilled substance;
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Approximate quantity of spilled substance;
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Duration of the spill;
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Source of the spill;
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Name and location of damaged waters and /or nearest surface water or water well;
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Identity of any organization responding to the spill;
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Measures undertaken to perform a spill response; and
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Any other significant information.
327 IAC 2-6.1-4(17).
Keep written notes of information reported orally, time of report, IDEM incident number, and the name of the person who received the report.
Reportable Spill Responsibilities 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: •
Contain the spill, if possible, to prevent additional spilled material from entering the waters of the state;
•
Undertake or cause others to undertake activities needed to accomplish a spill response, e.g., containment and neutralization of spilled material.
As soon as possible but within two (2) hours of a spill discovery, communicate a spill report to the Indiana Department of Environmental Management (IDEM), (888) 233-7745 for in-state calls (toll free), (317) 233-7745 for out-of-state calls. IDEM may assist callers in identifying other federal and/or local agencies personnel to be notified, but it is ultimately the spiller’s responsibility to make all required notifications. The Local County Emergency Response Committee _____________________ (insert your local number) 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 hours of the time the new or updated information becomes known. Submit to the Indiana Department of Environmental Management, Office of Environmental Response, 2525 North Shadeland Avenue, P.O. Box 6015, Indianapolis,
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IN, 46206-6015, a written copy of the spill report if requested in writing by the department. For modes of transportation other than pipelines, spillers should exercise due diligence and document attempts to notify: •
For spills to surface water which cause damage, the nearest downstream water user located within ten (10) miles of the spill and in the State;
•
For spills to soils outside the facility, the affected property owner or owners, operator or operators, or occupant or occupants.
327 IAC 2-6.1-7.
If you are in doubt about the type of material, the nature of the location of the spill, the quantity of the spilled material, or whether the spill might threaten the waters of the state, notify IDEM to ensure that you have complied with this rule.
Penalties for Violations Civil Any person who violates this regulation, or any determination or order connected with it, is liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) per day of violation. IC 13-30-4-1.
Any person who is directed by an emergency order under Indiana Code 13-14-10-1 (“Emergency Procedures”) and who violates that order is liable for an additional civil penalty not to exceed five hundred dollars ($500) per hour of violation. IC 13-30-4-2.
Infraction It is a Class C infraction for a person to obstruct, delay or prevent IDEM from performing an inspection or investigation pursuant to Indiana Code 13-14-2-2 (“Entry Upon Private or Public Property by Agent”). Each day of violation is a separate infraction. IC 13-30-5-1. A judgment of up to five hundred dollars ($500) may be entered for a violation constituting a Class C infraction. IC 34-28-5-4.
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Appendix For Further Information Indiana Department of Environmental Management (IDEM) Emergency Response Section P.O. Box 6015 Indianapolis, IN 46206-6015 Phone (888) 233-7745 Website: http://www.in.gov/idem/4155.htm National Response Center U.S Coast Guard Headquarters 2100 2nd Street N.W. Washington, D.C. 20593 Phone (800) 424-8802 Website: http://www.nrc.uscg.mil/nrchp.html References for Chapter 17 327 Indiana Administrative Code (IAC) 2-6.1, “Spills; Reporting, Containment and Response” [The Indiana Spill Rule] http://www.in.gov/legislative/iac/T03270/A00020.PDF? Indiana Code 13-30 “Enforcement and Legal Actions.” See: http://www.in.gov/ legislative/ic/code/title13/ar30/index.html
Indiana Code 34-28-5-4 “Infraction and Ordinances Violation Enforcement Proceedings.” See: http://www.in.gov/legislative/ic/2010/title34/ar28/ch5.html EPA List of Lists, July 2011 (Consolidated List of Chemicals Subject to the Emergency Planning and Community Right- To-Know Act (EPCRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and Section 112(r) of the Clean Air Act). See: http://www.epa.gov/oem/docs/chem/list_of_lists_ revised_7_26_2011.pdf
Table: “Materials Subject to Community Right-to-Know Law Most Likely to be Used on Indiana Farms.” Appendix to Ch. 3 (“Community Right-to-Know EPCRA”) of this Handbook.
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