reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-15 - "Injection" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 15.
"Injection" means the placement of liquid fertilizer material
				  beneath the surface of the soil in the crop root zone using equipment
				  specifically designed for this purpose.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-16 - "Inorganic fertilizer" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 16.
"Inorganic fertilizer" means any fertilizer material:
(1) manufactured by means of a man-made
				chemical reaction; and
(2) that
				does not contain any plant or animal products, manures, or renderings.
For purposes of this article, urea is considered to be an
				  inorganic fertilizer, not an organic fertilizer.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-17 - "Manipulated organic fertilizer" defined

Current through July 10, 2024
Authority: IC 15-16-2-44
Affected: IC 15-16-2
Sec. 17.
"Manipulated organic fertilizer" means any organic fertilizer
				  that is not included in the definition of manure as defined in
				  355 IAC
				  8-2-18
[section 18 of this
				  rule]
.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-18 - "Manure" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 17.
"Manure" means any of the following:
(1) Liquid or solid animal excreta.
(2) Waste liquid generated at a livestock or
				poultry production area, including the following:
(A) Excess drinking water.
(B) Cleanup water.
(C) Contaminated livestock truck or trailer
				washwater.
(D) Milking parlor
				wastewater.
(E) Milk house
				washwater.
(F) Egg
				washwater.
(G) Silage
				leachate.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-19 - "Organic fertilizer" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 19.
"Organic fertilizer" means any fertilizer material derived
				  from either plant or animal products or manures containing one (1) or more
				  nutrients that are essential for plant growth. For purposes of this article,
				  the term does not include biosolids.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-20 - "Person" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2-17
Sec. 20.
"Person", as defined in IC
				  15-16-2-17,
				  means:
(1) an individual;
(2) a partnership;
(3) an association;
(4) a firm;
(5) a limited liability company; or
(6) a corporation.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-21 - "Public water supply surface intake structure" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 21.
"Public water supply surface intake structure" means any
				  structure used for the purpose of providing water through a public water supply
				  system.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-22 - "Public water supply well" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 22.
"Public water supply well" means any well that provides water
				  to the public through a water distribution system that:
(1) serves at least twenty-five (25) persons
				per day for:
(A) drinking;
(B) domestic use; or
(C) other purposes; or
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-23 - "Saturated ground" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 23.
"Saturated ground" means soil soaked with moisture so that it
				  cannot absorb any more liquid.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-24 - "Sinkhole" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 24.
"Sinkhole" means a natural depression in the surface of the
				  land caused by the collapse of the roof of a cavern or subterranean
				  passage.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-25 - "Staging" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 25.
"Staging" means the temporary placement of fertilizer
				  material in a pile to be used for field application.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-26 - "State chemist" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 26.
"State chemist" means the Indiana state chemist or an
				  appointed agent.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-27 - "Surface application" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 27.
"Surface application" means the placement of fertilizer
				  material by spraying or spreading onto the land surface.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-28 - "Surface water" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  13-11-2-265;
				  IC 15-16-2
Sec. 28.
(a) "Surface water"
				means waters of the state, as described in IC
				13-11-2-265,
				present on the surface of the earth, including the following:
(1) Streams.
(2) Lakes.
(3) Ponds.
(4) Rivers.
(5) Swamps.
(6) Marshes.
(7) Wetlands.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-29 - "Use" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2-23
Sec. 29.
"Use" means the:
(1)
				application of fertilizer material on an agricultural crop growing
				area;
(2) handling of fertilizer
				materials; or
(3) transportation of
				fertilizer materials.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 3 - Fertilizer Material Application › Section 3-1 - Application of fertilizer material

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 1.
A person applying fertilizer material for the purposes of
				  producing an agricultural crop shall:
(1) develop a fertilizer application plan
				prior to application;
(2) apply
				fertilizer material in accordance with the fertilizer application plan for the
				target application site;
(3) not
				apply fertilizer material directly to surface water;
(4) not apply fertilizer material to
				saturated ground; and
(5) not apply
				fertilizer material from a public road.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 3 - Fertilizer Material Application › Section 3-2 - Application of unmanipulated organic fertilizer

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 2.
Unless there is a gradient barrier and a minimum setback of
				  ten (10) feet or a filter strip with a minimum width of fifty (50) feet located
				  between the application site and any of the known features in Table 1, a person
				  shall apply unmanipulated organic fertilizer according to the setback distances
				  in the following table:
Table 1 - Unmanipulated Organic Fertilizer Application
				  Setback Distances (in feet)
(1) All
				setback distances shall be measured from the edge of the area of actual
				application of unmanipulated organic fertilizer on the ground.
Table 1 - Unmanipulated Organic Fertilizer
							 Application Setback Distances (in feet)
Known Feature
Liquid - Injection or Single Pass
							 Incorporation (liquid/solid)
Liquid - Incorporation; Surface
							 Application (solid or compost); or Surface Application to Pasture
Liquid - Surface Application
[LESS THAN] 6% Slope; or Residue Cover
[GREATER THAN] 6% Slope
Public Water Supply Wells and Surface Intake
500
500
500
500
Surface Waters
25
50
100
200
Sinkholes
25
50
100
200
Water Wells
50
50
100
200
Drainage Inlets
5
50
100
200
Property Lines and Public Roads
0
10
50
50
(2)
				Liquid incorporation in Table 1 means only unmanipulated organic fertilizer
				that has been incorporated into the soil within twenty-four (24) hours of
				application.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 3 - Fertilizer Material Application › Section 3-3 - Application of unmanipulated organic fertilizer to highly erodible land

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 3.
A person shall not apply unmanipulated organic fertilizer to
				  highly erodible land, unless the land has:
(1) at least forty percent (40%) crop
				residue; or
(2) a vegetative cover
				crop.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 3 - Fertilizer Material Application › Section 3-4 - Application of unmanipulated organic fertilizer to frozen or snow covered ground

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 4.
(a) Except
				as provided in subsection (b), a person shall not apply unmanipulated organic
				fertilizer to frozen or snow covered ground as follows:
(1) Within two hundred (200) feet of surface
				water.
(2) Within a
				floodway.
(3) In an amount that
				exceeds fifty percent (50%) of the agronomic rate for the planned
				crop.
(4) With greater than two
				percent (2%) slope unless the ground has:
(A)
				at least forty percent (40%) crop residue; or
(B) a vegetative cover crop.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 3 - Fertilizer Material Application › Section 3-5 - Unmanipulated organic fertilizer application monitoring

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 5.
A person who applies unmanipulated organic fertilizer shall
				  do the following:
(1) For the
				twenty-four (24) hour period immediately before the application, monitor
				application site soil conditions and the weather forecast for predicted rain
				events to ensure that fertilizer runoff does not occur.
(2) During and immediately following the
				application, monitor the application site effluent from field tile outlets and
				surface water conveyance channels for a change of:
(A) color;
(B) flow; or
(C) volume.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 4 - Staging of Fertilizer Material › Section 4-1 - Staging restrictions for inorganic fertilizer

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 1.
A person shall not stage inorganic fertilizer as follows:
(1) Within three hundred (300) feet
				of:
(A) surface waters;
(B) drainage inlets; or
(C) water wells.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 4 - Staging of Fertilizer Material › Section 4-2 - Staging restrictions for organic fertilizer

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 2.
(a) A person
				shall not stage organic fertilizer as follows:
(1) Within three hundred (300) feet of
				surface waters, drainage inlets, or water wells unless there is a:
(A) cover; or
(B) gradient barrier that contains or directs
				any organic fertilizer away from the surface waters, drainage inlets, or water
				wells.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 5 - Fertilizer Material Use Record Keeping › Section 5-1 - Organic fertilizer distribution records

Current through July 10, 2024
Authority: IC 15-16-2-44
Affected: IC 15-16-2
Sec. 1.
(a) All
				persons required to be licensed under 355 IAC 7 who distribute organic
				fertilizer material as described in
				355 IAC
				7-3-3 shall keep and maintain records of such
				distribution.
(b) The records
				required under subsection (a) shall include the following:
(1) The name of the certified applicator
				accepting receipt of the organic fertilizer.
(2) The certification number of the certified
				applicator.
(3) The amount of
				fertilizer distributed.
(4) The
				representative nutrient value or values of the organic fertilizer.
(5) The month, day, and year of
				distribution.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 5 - Fertilizer Material Use Record Keeping › Section 5-2 - Fertilizer material application records

Current through July 10, 2024
Authority: IC 15-16-2-44
Affected: IC 15-16-2
Sec. 2.
(a) All
				persons required to be licensed under 355 IAC 7 who apply:
(1) fertilizer material as described in
				355 IAC
				7-3-1; or
(2) organic fertilizer as described in
				355 IAC
				7-3-2; shall keep and maintain records of all such
				applications.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 5 - Fertilizer Material Use Record Keeping › Section 5-3 - Record keeping period; inspection

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 3.
All records required under this rule shall be as follows:
(1) Kept and maintained for a period
				of two (2) years.
(2) Made
				available for inspection or copying within thirty (30) days of written or oral
				request by the state chemist.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 6 - Effective Date › Section 6-1 - Compliance with effective date of article

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 1.
Full compliance by persons affected by this article shall be
				  required no later than one (1) year following adoption.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 9 - FERTILIZER CIVIL PENALTY SCHEDULE › Rule 1 - General Provisions › Section 1-1 - Purpose

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 1.
The purpose of this article is to establish a civil penalty
				  schedule for violation of IC
				  15-16-2 or rules adopted under
				  that statute.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 9 - FERTILIZER CIVIL PENALTY SCHEDULE › Rule 2 - Definitions › Section 2-1 - Applicability

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 1.
The definitions in this rule apply throughout this article.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 9 - FERTILIZER CIVIL PENALTY SCHEDULE › Rule 2 - Definitions › Section 2-2 - "Board" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2-25
Sec. 2.
"Board" means the Indiana fertilizer advisory board
				  established by IC
				  15-16-25
[sic, IC
				  15-16-2-25]
.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 9 - FERTILIZER CIVIL PENALTY SCHEDULE › Rule 2 - Definitions › Section 2-3 - "Legal citation" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 3.
"Legal citation" means the Indiana Code or the Indiana
				  Administrative Code section or subsection cited on the schedule to describe the
				  relevant portion of a fertilizer statute or rule that has been violated.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 9 - FERTILIZER CIVIL PENALTY SCHEDULE › Rule 2 - Definitions › Section 2-4 - "Per day" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 4.
"Per day" means the method to be utilized for determining the
				  civil penalty to be assessed for a violation that is of a continuing nature but
				  may be the result of one (1) distinguishable act or failure to act. The
				  violation number shall remain the same when assessing civil penalties for
				  multiple counts of violation on a per day basis.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 9 - FERTILIZER CIVIL PENALTY SCHEDULE › Rule 2 - Definitions › Section 2-5 - "Per incident" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 5.
"Per incident" means the method to be utilized for
				  determining the violation number for a violation that is usually not of a
				  continuing nature and is the result of a separate and distinguishable act or
				  failure to act. Violations involving separate and distinguishable acts may be
				  assigned accumulating violation numbers.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 9 - FERTILIZER CIVIL PENALTY SCHEDULE › Rule 2 - Definitions › Section 2-6 - "Per year" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 6.
"Per year" means the method to be utilized for determining
				  the violation number for a violation that may be documented on several dates or
				  at several locations but is the result of one (1) distinguishable act or
				  failure to act.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 9 - FERTILIZER CIVIL PENALTY SCHEDULE › Rule 2 - Definitions › Section 2-7 - "Schedule" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2-49.5
Sec. 7.
"Schedule" means the civil penalty schedule required by IC
				  15-16-2-49.5(b) 
				  and as specified in section 9 of this rule.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 9 - FERTILIZER CIVIL PENALTY SCHEDULE › Rule 2 - Definitions › Section 2-8 - "Violation assessment" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 8.
"Violation assessment" means the scheme to be utilized for
				  determining the violation number and the count of violations eligible to be
				  assessed civil penalties on the schedule. This scheme includes the concept of
				  assessing civil penalties on a:
(1)
				per incident;
(2) per
				day;
(3) per product; and
(4) per year;
basis as indicated on the schedule.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 9 - FERTILIZER CIVIL PENALTY SCHEDULE › Rule 3 - Civil Penalty Schedule › Section 3-2 - Determining the violation number and count of violations to be assessed

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 2.
For purposes of imposing civil penalties, the state chemist
				  shall comply with the following when determining the violation number and the
				  count of violations:
(1) Only
				violations committed within the immediate past five (5) years of the date of
				the violation being addressed shall be considered.
(2) A person's violation numbers shall
				accumulate as first, second, third, etc., independently for each violation
				listed on the schedule.
(3) When
				multiple different but similar or related violations are committed by a single
				distinguishable act or failure to act, only one (1) of those violations may be
				subject to a civil penalty for that act. This subdivision is intended to avoid
				duplicating civil penalty assessment for violation of multiple provisions of
				the statute or rule that may be essentially the same or closely related. This
				subdivision is not intended to limit in any way civil penalty assessment for
				violations that are the result of more than one (1) distinguishable unrelated
				act or failure to act or a violation of a continuing or repetitive nature.
(4) When civil penalty assessment
				procedures outlined in subdivision (3) are being followed, the state chemist
				will utilize the appropriate violation with the highest penalty listed on the
				schedule.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 9 - FERTILIZER CIVIL PENALTY SCHEDULE › Rule 3 - Civil Penalty Schedule › Section 3-3 - Potential penalty mitigation

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 3.
(a) The
				amount of a civil penalty may be adjusted downward to reflect particular
				mitigating factors. Some factors that may be considered are the following:
(1) Good faith efforts of the violator to
				comply.
(2) Cooperation by the
				violator with the state chemist during the investigation process.
(3) The violator's history of
				compliance.
(4) The potential for
				damage.
(5) Remedial or corrective
				action taken by the violator.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 9 - FERTILIZER CIVIL PENALTY SCHEDULE › Rule 3 - Civil Penalty Schedule › Section 3-4 - Notification of legal recourse

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 4.
The state chemist shall notify in writing each person on whom
				  a civil penalty may be imposed of the opportunity to obtain a hearing on the
				  proposed action by filing with the board within thirty (30) days notice of the
				  action.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 9 - FERTILIZER CIVIL PENALTY SCHEDULE › Rule 3 - Civil Penalty Schedule › Section 3-5 - Imposition of civil penalties

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 5.
(a) Nothing
				in this article shall require the state chemist to impose a civil penalty for a
				violation.
(b) The state chemist
				may initiate any of the following enforcement actions for a violation instead
				of or in addition to a civil penalty:
(1) A
				warning.
(2) A citation.
(3) A license, permit, registration, or
				certification:
(A) denial;
(B) modification;
(C) suspension; or
(D) revocation.
(4) Referral for criminal
				prosecution.
(5) Referral to
				another appropriate agency.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 9 - FERTILIZER CIVIL PENALTY SCHEDULE › Rule 3 - Civil Penalty Schedule › Section 3-6 - Penalty money collected

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 6.
The state chemist shall credit all money collected for civil
				  penalties to the Purdue Pesticide Programs for the purpose of providing
				  education about fertilizers.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 1 - General Provisions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 1.
This article applies to any person that distributes manure
				  based fertilizers:
(1) in bulk and
				with a guaranteed analysis;
(2)
				with a total nitrogen (N) content less than five percent (5%); and
(3) with the summation of total nitrogen (N),
				available phosphate (P2O5), and
				soluble potash (K2O) content less than ten percent
				(10%).
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 2 - Definitions › Section 2-1 - Applicability

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 1.
The definitions in this rule apply throughout this article.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 2 - Definitions › Section 2-2 - "Brand" defined

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 2.
"Brand" means a term, design, or trademark used in
				  connection with at least one (1) grade of manure based fertilizer.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 2 - Definitions › Section 2-3 - "Bulk" defined

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 3.
"Bulk" means distributed in nonpackaged form.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 2 - Definitions › Section 2-4 - "Distributor" defined

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 4.
"Distributor" means a person who:
(1) offers for sale;
(2) sells;
(3) barters; or
(4) supplies;
manure based fertilizers.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 2 - Definitions › Section 2-5 - "Grade" defined

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 5.
"Grade" means the minimum percentages of the following
				  elements stated in the following order:
(1) Total nitrogen (N).
(2) Available phosphate
				(P2O5).
(3) Soluble potash
				(K2O).
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 2 - Definitions › Section 2-6 - "Guaranteed analysis" defined

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 6.
"Guaranteed analysis" means the minimum percentage of plant
				  nutrients claimed. Recognized plant nutrients include the following:
(1) Total nitrogen (N).
(2) Available phosphate
				(P2O5).
(3) Soluble potash
				(K2O).
(4)
				Calcium (Ca).
(5) Magnesium
				(Mg).
(6) Sulfur (S).
(7) Boron (B).
(8) Chlorine (Cl).
(9) Cobalt (Co).
(10) Copper (Cu).
(11) Iron (Fe).
(12) Manganese (Mn).
(13) Molybdenum (Mo).
(14) Nickel (Ni).
(15) Sodium (Na).
(16) Zinc (Zn).
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 2 - Definitions › Section 2-7 - "Manure" defined

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 7.
"Manure" means any of the following:
(1) Liquid or solid animal excreta.
(2) Waste liquid generated at a livestock or
				poultry production area, including the following:
(A) Excess drinking water.
(B) Cleanup water.
(C) Contaminated livestock truck or trailer
				washwater.
(D) Milking parlor
				wastewater.
(E) Milk house
				washwater.
(F) Egg
				washwater.
(G) Silage
				leachate.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 2 - Definitions › Section 2-8 - "Manure based fertilizers" defined

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2-1.5
Sec. 8.
"Manure based fertilizer" has the meaning set forth in IC
				  15-16-2-1.5(a).
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 2 - Definitions › Section 2-9 - "Official sample" defined

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 9.
"Official sample" means any sample of manure based
				  fertilizer taken by the state chemist or the state chemist's agent.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 2 - Definitions › Section 2-10 - "Percent" or "percentage" defined

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 10.
"Percent" or "percentage" means the percentage by weight.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 2 - Definitions › Section 2-11 - "Permit" defined

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 11.
"Permit" refers to a permit issued to report the tonnage of
				  manure based fertilizer sold.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 2 - Definitions › Section 2-12 - "Person" defined

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 12.
"Person" means:
(1)
				an individual;
(2) a
				partnership;
(3) an
				association;
(4) a firm;
(5) a limited liability company; or
(6) a corporation.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 2 - Definitions › Section 2-13 - "Processed manure" defined

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 13.
"Processed manure" means animal manure that has undergone at
				  least one (1) step of physical or chemical processing to change the
				  characteristics of the manure. This does not apply to manure marketed for
				  consideration without a guaranteed analysis. Examples of manure that has been
				  processed include, but are not limited to, composted, digested, mechanically
				  separated, or pelletized.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 2 - Definitions › Section 2-14 - "Registrant" defined

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 14.
"Registrant" means a person who registers manure based
				  fertilizer under this article.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 2 - Definitions › Section 2-15 - "State chemist" defined

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2-1
Sec. 15.
"State chemist" means the Indiana state chemist under IC
				  15-16-2-1 or an appointed agent.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 2 - Definitions › Section 2-16 - "Storage" defined

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 16.
"Storage" means the storage of manure based fertilizer by a
				  person who:
(1) manufactures or
				distributes manure based fertilizer; or
(2) stores manure based fertilizer for
				personal use.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 3 - Labeling › Section 3-1 - Label; application; fee; registration; information; analysis

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 1.
(a) Before
				distributing manure based fertilizer in Indiana for consideration, the person
				who is the guarantor of each brand and grade of the manure based fertilizer
				must submit:
(1) an application for
				registration to the state chemist on a form furnished by the state chemist;
				and
(2) the appropriate filing fee
				of twenty dollars ($20).
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 3 - Labeling › Section 3-2 - Labeling

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 2.
Manure based fertilizer must be distributed with a written
				  or printed statement with the guaranteed analysis that:
(1) accompanies the manure based fertilizer
				at delivery; and
(2) is supplied to
				the purchaser at time of delivery.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 4 - Fees › Section 4-1 - Processed manure inspection fee

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 1.
(a) The
				person who distributes manure based fertilizers in Indiana to a person who is
				not a registrant or permit holder under this article shall pay to the state
				chemist an inspection fee computed under subsection (b).
(b) The inspection fee charged under
				subsection (a) is as follows:
(1) One hundred
				dollars ($100) for zero (0) to up to one thousand two hundred fifty (1,250)
				tons distributed per reporting period.
(2) Five hundred dollars ($500) for more than
				one thousand two hundred fifty (1,250) but less than five thousand (5,000) tons
				per reporting period.
(3) One
				thousand dollars ($1,000) for more than five thousand (5,000) tons distributed
				per reporting period.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 4 - Fees › Section 4-2 - Permit to report tonnage

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 2.
(a) Each
				registrant shall apply to the state chemist for a permit to report the tonnage
				of manure based fertilizer sold and pay the inspection fee as specified in
				section 1 of this rule. In making the application, the registrant must agree to
				the following:
(1) To keep records that
				indicate accurately the tonnage and kinds of manure based fertilizers sold in
				Indiana.
(2) To grant the state
				chemist permission to examine those records and verify the statement of
				tonnage.
(3) To report under oath
				to the state chemist on forms furnished by the state chemist the tonnage of
				manure based fertilizer sold during the period covered.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 5 - Annual Reports › Section 5-1 - Annual publication by state chemist; information required

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 1.
(a) The state
				chemist shall publish at least annually, in a form that the state chemist
				considers proper, information concerning the following:
(1) The sales of manure based fertilizers,
				including any data on sales that the state chemist considers
				advisable.
(2) The results of the
				analyses conducted under 355 IAC 10-6 based on official samples of manure based
				fertilizers sold within the state compared with the analysis guaranteed under
				355 IAC 10-3.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 6 - Samples and Inspection › Section 6-1 - Inspection, analysis, and tests; entry onto premises; subpoenas

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 1.
(a) The state
				chemist may:
(1) sample, inspect, make
				analysis of, and test manure based fertilizers distributed within Indiana;
				and
(2) inspect the storage of
				manure based fertilizers in Indiana at a time and place and to such an extent
				as necessary to determine whether the manure based fertilizers and their
				storage are in compliance with this article.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 6 - Samples and Inspection › Section 6-2 - Official manure based fertilizer analysis; report

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 2.
If an official manure based fertilizer analysis conducted by
				  the state chemist under this rule results in a determination that the
				  registrant of a manure based fertilizer is subject to a penalty or other legal
				  action under this article, the state chemist shall forward a report of the
				  results of the analysis to the registrant at least thirty (30) days before the
				  report is submitted to the purchaser of the manure based fertilizer. If the
				  analysis was requested by a person other than the state chemist, the results of
				  the analysis shall be forwarded to the registrant and purchaser immediately.
				  If, during the thirty (30) day period, the state chemist does not receive
				  adequate evidence contesting the results in the report, the report becomes an
				  official report at the expiration of the thirty (30) day period. Upon the
				  registrant's request, the state chemist shall furnish to the registrant part of
				  the manure based fertilizer sample analyzed by the state chemist to determine
				  that the registrant is subject to a penalty or other legal action under this
				  article.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 6 - Samples and Inspection › Section 6-3 - Noncompliance with analysis; order for refund to purchaser; appeal

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 3.
(a) If an
				analysis conducted under this rule shows that a manure based fertilizer fails
				in any respect to meet the guaranteed analysis filed by a registrant under 355
				IAC 10-3, the state chemist may require the payment of a refund to the
				purchaser equal to the difference between:
(1)
				the price the purchaser paid for the manure based fertilizer; and
(2) the current value of the manure based
				fertilizer after the state chemist's analysis.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 7 - Storage › Section 7-1 - Storage of manure based fertilizers

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 1.
Manure based fertilizers must be stored in a manner
				  that:
(1) minimizes the release of
				manure based fertilizer; and
(2)
				protects the waters of the state.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 7 - Storage › Section 7-2 - Design requirements

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2; IC 25-17.6
Sec. 2.
(a) A storage
				structure must be designed as follows:
(1) The
				bottom of the storage structure is at least two (2) feet above
				bedrock.
(2) The bottom of the
				storage structure must be above the seasonal high water table, unless lowered
				in accordance with subsection (c).
(3) Test holes to obtain soil and water table
				information for the design must be obtained as follows:
(A) The number of test holes must be
				sufficient to adequately characterize the seasonal water table and soil
				underneath the storage structure.
(B) Test holes must be:
(i) evenly distributed throughout the storage
				structure;
(ii) at least two (2)
				feet below the base of the storage structure for concrete structures in karst
				and non-karst areas;
(iii) at least
				five (5) feet below the base of the storage structure for earthen structures in
				non-karst areas; and
(iv) placed to
				the shallower of either:
(AA) bedrock;
				or
(BB) ten (10) feet below the
				lowest point of the proposed processed manure storage structure;
in areas of karst terrain.
(C) Testing shall be conducted by:
(i) a soil scientist registered under the
				Indiana board of registration for soil scientists;
(ii) a professional geologist certified in
				Indiana under IC 25-17.6; or
(iii)
				a professional engineer registered in Indiana.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 7 - Storage › Section 7-3 - Design requirements for liners

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 3.
(a) The soil
				or foundation of an earthen storage structure shall have a maximum specific
				discharge permeability of onesixteenth (1/16)
				in3/in2/day,
				1.8x10-6cm3/cm2/sec.
				This requirement may be satisfied by soil testing that shows a minimum of three
				(3) feet of in situ soils that:
(1) meet the
				maximum specific discharge permeability criteria;
(2) are over-excavated a minimum of six (6)
				inches; and
(3) are recompacted to
				break up the existing macropore structure.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 7 - Storage › Section 7-4 - Solid processed manure structure design requirements

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 4.
In addition to section 2 of this rule, a storage structure
				  that contains solid processed manure must be designed according to the
				  following:
(1) The storage structure
				must:
(A) be covered to prevent rainwater
				from contacting the processed manure; or
(B) have storm water run-on and run-off
				controls.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 7 - Storage › Section 7-5 - Liquid processed manure structure design requirements

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 5.
(a) In
				addition to section 2 of this rule, a storage structure that contains liquid
				processed manure must be designed according to the Indiana NRCS Conservation
				Practice Standard Code 313: Waste Storage Structure, October 2016*.
(b) An uncovered storage structure containing
				liquid processed manure must be designed with a minimum freeboard of two (2)
				feet unless an alternate design is approved by the state chemist.
(c) Test holes for an earthen storage
				structure storing liquid processed manure must be placed at a rate of two (2)
				holes for the first one-half (1/2) acre of storage and one (1) additional hole
				for each additional one-half (1/2) acre of storage.
(d) Pipelines must be constructed according
				to the Indiana NRCS Conservation Practice Standard Code 634: Waste Transfer,
				October 2015*.
(e) The storage
				structure must be certified upon completion by a registered professional
				engineer. The engineer's certification must be kept in the operating record and
				submitted to the state chemist prior to introducing processed manure.
*These documents are incorporated by reference. Copies may be
				  obtained from the Indiana NRCS State Office, 6013 Lakeside Boulevard,
				  Indianapolis, IN 46278 or are available for review and copying at the Indiana
				  Department of Environmental Management, Office of Legal Counsel, Indiana
				  Government Center North, Thirteenth Floor, 100 North Senate Avenue,
				  Indianapolis, Indiana 46204.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 7 - Storage › Section 7-6 - Alternative to rule requirements

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 6.
(a) An owner
				or operator may propose and request an alternative to a design, construction,
				or operational requirement specified in this article, provided the owner or
				operator can prove to the satisfaction of the state chemist that any
				alternative will provide equivalent or greater environmental protection than
				the requirements specified in this article.
(b) Any alternative must be submitted to the
				state chemist and accompanied by documentation that demonstrates equivalent or
				greater environmental protection than the standard for which an alternative is
				being requested.
(c) No alternative
				may be used prior to approval by the state chemist.
(d) The state chemist shall provide written
				documentation describing the basis for any determination on an alternative
				request.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 7 - Storage › Section 7-7 - Construction

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 7.
(a) The owner
				or operator shall notify the state chemist in writing at least two (2) days
				prior to scheduled construction of a storage structure. Multiple notices, with
				identification of the parts of the storage structure that are completed at the
				time of submittal, are required if an owner or operator performs partial
				construction of an approved structure and plans to utilize that portion prior
				to completing construction of the entire storage structure.
(b) Any field tiles or drainage outlets
				encountered during construction must be blocked or rerouted in accordance with
				any applicable local approval requirements and be cut back at least fifty (50)
				feet from the edge of any:
(1)
				berm;
(2) concrete pit;
				or
(3) earthen storage
				structure.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 10 - DISTRIBUTION OF MANURE BASED FERTILIZER › Rule 7 - Storage › Section 7-8 - Maintenance requirements

Current through July 10, 2024
Authority: IC 15-16-2-1.5
Affected: IC 15-16-2
Sec. 8.
(a) A storage
				structure must be maintained and operated to meet the requirements of this
				article.
(b) The owner or operator
				shall inspect the storage structure for compliance with this article at least
				one (1) time each month. Any maintenance activities shall be documented in the
				operating record.
(c) An uncovered
				storage structure storing liquid manure must:
(1) be maintained, with a minimum freeboard
				of two (2) feet, unless otherwise specified in the processed manure storage
				structure permit; and
(2) have
				clearly identified markers to indicate manure levels relative to the approved
				freeboard elevation.