By Thomas W. Baker, Hatchett & Hauck LLP
The Indiana General Assembly recently repealed the Aboveground Storage Tank (AST) reporting obligations contained in Ind. Code 13-18-5.5. Senate Enrolled Act 421 was signed by the Governor on April 13, 2017. The General Assembly had previously adopted Ind. Code 13-18-5.5 in 2015 following a release from an AST to the Elk River that impacted public water supplies in the area of Charleston, West Virginia.
In addition to repealing Ind. Code 13-18-5.5, SEA 421 provides that a public water supply “may gather information from potential sources of contamination" for inclusion in the public water supply's surface water quality threat minimization and response plan. The public water supply may exempt this information from disclosure under the Access to Public Records Act.
Finally, SEA 421 recommends that regulation, reporting, and emergency planning issues related to ASTs be considered for legislative study.
SEA 421 will become effective July 1, 2017. The full text of SEA 421 may be found online here.
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