Sec. 6. (a) This section does not apply to any release that results in exposure to persons solely within the site or sites on which a facility is located.

     (b) If:

(1) a release of an extremely hazardous substance occurs from a facility at which a hazardous chemical is produced, used, or stored; and

(2) the release requires a notification under 42 U.S.C. § 9603(a);

the owner or operator of the facility shall immediately provide notice as described in section 7 of this chapter.

     (c) If a release of an extremely hazardous substance that is on the list referred to in section 2 of this chapter occurs from a facility at which a hazardous chemical is produced, used, or stored and the release is not subject to the notification requirements under 42 U.S.C. § 9603(a), the owner or operator of the facility shall immediately provide notice as described in section 7 of this chapter if the release:

(1) is not a federally permitted release (as defined in 42 U.S.C. § 9601(10));

(2) is in an amount that exceeds a quantity that the administrator has determined by regulation requires notice; and

(3) occurs in a manner that would require notification under 42 U.S.C. § 9603(a).

     (d) If a release of a substance that is not on the list referred to in section 2 of this chapter occurs at a facility at which a hazardous chemical is produced, used, or stored, and the release requires notification under 42 U.S.C. § 9603(a), the owner or operator shall provide notice as follows:

(1) If a reportable quantity has been established for the substance under 42 U.S.C. § 9602(a), the owner or operator shall provide the notice as described in section 7 of this chapter.

(2) If a reportable quantity has not been established for the substance under 42 U.S.C. § 9602(a), the owner or operator shall provide the notice as described in section 7 of this chapter for any release of at least one (1) pound of the substance.

[Pre-1996 Recodification Citation: 13-7-37-13.]

As added by P.L.1-1996, SEC.15.