reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 2 - Definitions › Section 2-30 - "Manure transfer vehicle" defined

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 30.
"Manure transfer vehicle" means a vehicle, tank, or wagon
				  used to move manure.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 2 - Definitions › Section 2-31 - "Operating record" defined

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 31.
"Operating record" means the written record of the CFO
				  activities required by this article and kept by the
				  owner/operator.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 2 - Definitions › Section 2-32 - "Owner/operator" defined

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 32.
"Owner/operator" means the person:
(1) that owns the waste management systems at
				the CFO;
(2) that:
(A) owns the livestock at the CFO;
				and
(B) applies for or has received
				an approval under this article; or
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 2 - Definitions › Section 2-33 - "Process wastewater" defined

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC
				  13-15-2-1; IC 13-18-3
Affected: IC 13-11-2; IC 13-18-4
Sec. 33.
(a)
				"Process wastewater" means water directly or indirectly used in the operation
				of the AFO for any or all of the following:
(1) Spillage or overflow from animal or
				poultry watering systems.
(2)
				Washing, cleaning, or flushing any of the following:
(A) Pens.
(B) Barns.
(C) Manure pits.
(D) Other AFO facilities.
(3) Direct contact swimming,
				washing, or spray cooling of animals.
(4) Dust control at the production
				area.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 2 - Definitions › Section 2-34 - "Production area" defined

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 34.
"Production area" means that part of an AFO that includes the
				  animal confinement area, the manure storage area, the raw materials storage
				  area, and the waste containment areas. The animal confinement area includes,
				  but is not limited to, open lots, housed lots, feedlots, confinement houses,
				  stall barns, free stall barns, milkrooms, milking centers, cowyards, barnyards,
				  medication pens, walkers, animal walkways, and stables. The manure storage area
				  includes, but is not limited to, lagoons, runoff ponds, storage sheds,
				  stockpiles, under house or pit storages, liquid impoundments, static piles, and
				  composting piles. The raw materials storage area includes, but is not limited
				  to, feed silos, silage bunkers, and bedding materials. The waste containment
				  area includes, but is not limited to, settling basins, and areas within berms
				  and diversions that separate uncontaminated storm water. The term includes any
				  egg washing or egg processing facility, and any area used in the storage,
				  handling, treatment, or disposal of mortalities.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 2 - Definitions › Section 2-35 - "Public water supply surface intake structure" defined

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 35.
"Public water supply surface intake structure" means any
				  structure used for the purpose of withdrawing surface water for use in a public
				  water supply system.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 2 - Definitions › Section 2-36 - "Public water supply well" defined

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 36.
"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 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 2 - Definitions › Section 2-37 - "Registered professional engineer" defined

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC 13-30;
				  IC 25-31
Sec. 37.
"Registered professional engineer" means a professional
				  engineer registered by the state under IC 25-31.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 2 - Definitions › Section 2-38 - "Saturated ground" defined

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC 13-30;
				  IC 25-31
Sec. 38.
"Saturated ground" means ground that cannot absorb any more
				  liquid.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 2 - Definitions › Section 2-39 - "Sensitive area" defined

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC 13-30;
				  IC 14-31; IC 14-38-1-5
Sec. 39.
"Sensitive area" means a site where conditions exist that
				  pose a specific water quality threat to one (1) or more of the following:
(1) Aquifers used as a source of
				drinking water.
(2) Public water
				supply wells.
(3) Wellhead
				protection areas.
(4) Drinking
				water supply reservoirs.
(5) Areas
				requiring special protection, such as:
(A)
				wetlands, except for wetlands constructed for manure management;
(B) karst terrains;
(C) the critical habitat of an endangered
				species; or
(D) natural areas,
				including:
(i) parks;
(ii) nature preserves, as regulated under IC
				14-31;
(iii) historic sites, as
				defined in section 21 of this rule; and
(iv) public lands, as defined in IC
				14-38-1-5.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 2 - Definitions › Section 2-40 - "Site preparation" defined

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 40.
"Site preparation" means any of the following:
(1) Demolition or wrecking of buildings or
				other structures.
(2) Clearing of
				building sites.
(3) Sale of
				materials from demolished structures.
(4) Blasting.
(5) Test drilling.
(6) Earthmoving.
(7) Excavating.
(8) Land drainage.
(9) Placement of access lanes or
				driveways.
(10) Installation of
				utilities.
(11) Staking or
				flagging.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 2 - Definitions › Section 2-41 - "Spill" defined

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 41.
"Spill" has the meaning set forth in
				  327 IAC
				  2-6.1-4(15).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 2 - Definitions › Section 2-42 - "Spray irrigation" defined

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 42.
"Spray irrigation" means the application of manure on the
				  land through a stationary or mobile sprinkler type system.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 2 - Definitions › Section 2-43 - "Staging" defined

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 43.
"Staging" means the temporary placement of manure at a site
				  other than a production area.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 2 - Definitions › Section 2-44 - "Surface application" defined

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 44.
"Surface application" means the placement of manure by
				  spraying or spreading onto the land surface.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 2 - Definitions › Section 2-45 - "Surface water" defined

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 45.
"Surface water" means waters present on the surface of the
				  earth, including:
(1)
				streams;
(2) lakes;
(3) ponds;
(4) rivers;
(5) swamps;
(6) marshes; or
(7) wetlands.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 2 - Definitions › Section 2-46 - "Uncovered" defined

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 46.
"Uncovered" means any structure that allows exposure of
				  manure to precipitation events or to the run-on or runoff from precipitation
				  events.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 2 - Definitions › Section 2-47 - "Vegetative management system" defined

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 47.
"Vegetative management system" means a vegetated area
				  designed to accept contaminated runoff or waste liquid after settling for the
				  purpose of treatment or infiltration into the soil.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 2 - Definitions › Section 2-48 - "Waste management system" defined

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 48.
"Waste management system" means any approved method of
				  managing manure or process wastewater at the CFO, including:
(1) manure storage facilities;
(2) manure transfer systems;
(3) manure treatment systems, such as a:
(A) constructed wetland;
(B) vegetative management system;
				or
(C) wastewater treatment system
				under a valid national pollutant discharge elimination system (NPDES)
				permit;
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 2 - Definitions › Section 2-49 - "Waters" defined

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2-265; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 49.
(a)
				"Waters", as defined in IC 13-11-2-265, means:
(1) the accumulations of water, surface and
				underground, natural and artificial, public and private; or
(2) a part of the accumulations of water;
that are wholly or partially within, flow through, or border
				  upon Indiana.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 3 - Performance Standards › Section 3-1 - Performance standards

Current through July 10, 2024
Authority: IC 13-14-8-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-18; IC 13-22
Sec. 1.
(a) A CFO
				shall be managed so as to avoid an unpermitted discharge into waters of the
				state.
(b) A CFO must be
				constructed and operated in a manner that minimizes nonpoint source pollution
				entering waters of the state.
(c) A
				CFO shall take all reasonable steps to prevent manure releases, spills or the
				discharge of manure in violation of the approval or this article, including
				seepage and leakage.
(d) All waste
				management systems must be designed, constructed, and maintained to minimize
				leaks and seepage and prevent manure releases or spills, as well as ensure
				compliance with the water quality standards in 327 IAC 2.
(e) Manure must be staged in such a manner as
				to:
(1) not threaten or enter waters of the
				state;
(2) prevent:
(A) runoff;
(B) manure releases; and
(C) spills.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 4 - General Approval Conditions › Section 4-1 - Approval conditions

Current through July 10, 2024
Authority: IC 13-14-8-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-18; IC 13-22
Sec. 1.
(a) CFOs
				must:
(1) have a valid approval to operate;
				or
(2) close in accordance with 327
				IAC 19-16.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 5 - Alternate Design or Compliance Approach; Innovative Technology › Section 5-1 - Alternate design or compliance approach; innovative technology

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 1.
(a) The use
				of a design or compliance approach other than the requirement specified in this
				article, or an innovative technology may be proposed by the owner/operator in
				accordance with the following:
(1) The
				proposal for the alternative design or compliance approach, or innovative
				technology must be accompanied by documentation that indicates that the
				performance standards in
				327 IAC
				19-3-1 will be met. The alternative design or
				compliance approach, or innovative technology must comply with all existing
				environmental rules and laws.
(2)
				The proposed design or compliance approach, or innovative technology must be
				incorporated into the approval.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 6 - Existing Confined Feeding Operations › Section 6-1 - Existing confined feeding operations

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-15; IC 13-18-10-1; IC 13-30
Sec. 1.
(a) All CFOs
				must be maintained and operated in compliance with all applicable:
(1) state laws; and
(2) approval conditions.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 7 - Application Requirements › Section 7-1 - Application requirements

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-16; IC
				  13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15-8-2; IC 13-18-10-2;
				  IC 13-18-10-2.1; IC 13-30; IC 25-17.6
Sec.
1.
(a) An application under this rule is
				required for all CFOs not previously regulated under:
(1) this article;
(2) 327 IAC 16 before its repeal;
				or
(3)
											327 IAC
				5-4-3 or
				327 IAC
				15-15 before their repeal.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 7 - Application Requirements › Section 7-2 - Plot maps

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 2.
(a) The
				applicant shall submit plot maps of the location proposed for approval
				consisting of the following:
(1) A United
				States Department of Agriculture Natural Resources Conservation Service soil
				survey map.
(2) A United States
				Geological Survey topographical map that includes identification of any public
				water supply wells and public water supply surface intake structures within one
				thousand (1,000) feet of the manure storage facilities.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 7 - Application Requirements › Section 7-3 - Farmstead plan

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 3.
(a) A
				farmstead plan must show all existing and proposed structures, including the
				most recent construction approval dates for all existing structures and, within
				five hundred (500) feet of the waste management systems, the following known
				features:
(1) Surface waters of the
				state.
(2) Public and private
				roads.
(3) Water well
				locations.
(4) Characteristics of
				karst terrain.
(5) Production area
				surface drainage patterns.
(6)
				Property boundary line.
(7) All
				outfalls of known subsurface drainage structures, including perimeter drain
				outfalls.
(8) Drainage inlets,
				including water and sediment control basins.
(9) Mortality management sites.
(10) Any residence.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 7 - Application Requirements › Section 7-4 - Waste management system drawing

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 4.
The waste management system drawing must show detailed views
				  and necessary cross sections to define all dimensions and construction
				  materials. Systems relying on gravity flow must provide elevations of the
				  entire waste management system that relies on gravity.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 7 - Application Requirements › Section 7-5 - Manure management plan

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 5.
(a) A manure
				management plan must be developed and submitted to the commissioner that
				contains the following:
(1) Procedures for
				soil testing as described in subsection (c).
(2) Procedures for manure testing as
				described in subsection (d).
(3)
				Plot maps as described in section 2(a)(1) and 2(b) of this rule.
(4) If applicable, the land application
				acreage requirements waiver, as described in
				327 IAC
				19-14-2(d).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 7 - Application Requirements › Section 7-6 - Mortality management

Current through July 10, 2024
Authority: IC 13-13-5-1; IC 13-15-1-2; IC 13-15-2-1
Affected: IC 13-18-10; IC 15-17-11
Sec. 6.
(a) CFOs must
				carry out proper management of dead livestock as required by 345 IAC 7-7 to
				ensure that there shall be:
(1) no discharge
				of mortality or liquids that have been in contact with mortality to waters of
				the state; and
(2) no disposal in a
				manure storage facility that is not specifically designed to treat animal
				mortalities.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 8 - Approval Process › Section 8-1 - Duration of approvals

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 1.
An approval shall be effective for a fixed term. That term
				  begins when the approval is issued and is not to exceed five (5) years. An
				  approval may be amended, revoked and reissued, or revoked prior to the
				  expiration of the term for cause, as specified in sections 3 and 5 of this
				  rule, or in accordance with conditions set forth in the approval. In no event
				  may the term of an approval be extended beyond five (5) years from its original
				  effective date by amendment, extension, or other means, except as provided in
				  section 2(a) of this rule.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 8 - Approval Process › Section 8-2 - Approval renewals

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 4-21.5; IC 13-11-2; IC 13-14; IC 13-15; IC
				  13-18-10-2.3; IC 13-30-3
Sec. 2.
(a) If the
				owner/operator wishes to continue the activity regulated by the approval after
				the expiration date of the approval, the owner/operator shall apply for and
				obtain an approval renewal. The terms and conditions of an expired approval are
				automatically extended in full force and effect until the effective date of a
				renewal, if the:
(1) owner/operator has
				submitted a timely and complete application for an approval renewal under this
				article at least thirty (30) days prior to the expiration of the approval;
				and
(2) commissioner, through no
				fault of the owner/operator, does not issue an approval renewal prior to the
				expiration date of the previous approval.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 8 - Approval Process › Section 8-3 - Amendments and notifications

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15-7-1; IC
				  13-18-10-2.1; IC 13-30
Sec. 3.
(a) The
				department may issue amendments to approvals of a CFO at any time:
(1) under IC 13-18-10-2.1(i);
(2) at the request of the applicant to
				address changes at the CFO that do not require a new approval; or
(3) due to an increase in the amount of
				manure generated that reduces the storage capacity to less than the required
				storage capacity at the time of the most recent approval.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 8 - Approval Process › Section 8-4 - Denials

Current through July 10, 2024
Authority: IC 13-14-8; IC
				  13-15-2-1;
				  IC
				  13-18-10-4
Affected: IC 13-15; IC
				  13-18-10-2.1;
				  IC 13-30
Sec. 4.
The commissioner may deny an approval application or place
				  conditions on an approval if:
(1) the
				CFO is, at the time of the approval application or approval decision, not in
				compliance with:
(A) all current approval
				conditions or compliance requirements;
(B) IC 13-18; or
(C) this article;
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 8 - Approval Process › Section 8-5 - Revocation

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18-10; IC
				  13-30-3-11
Sec. 5.
(a) The
				commissioner may revoke an approval or a condition of an approval as a result
				of a violation of:
(1) water pollution
				control laws;
(2) rules adopted
				under the water pollution control laws;
(3) IC 13-18-10;
(4) this article; or
(5) approval conditions.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 8 - Approval Process › Section 8-6 - Transferability

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 6.
(a) When
				ownership of a CFO is transferred, the parties completing the transaction shall
				request transfer of the approval from the department. This request must include
				a written agreement that is submitted to the commissioner within ninety (90)
				days of the transfer and must contain the following:
(1) A specific date for transfer of approval
				responsibilities.
(2)
				Identification of responsibility for any violations existing at the time of the
				transfer.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 8 - Approval Process › Section 8-7 - Public comment periods and notifications

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18-10-1; IC
				  13-30
Sec. 7.
(a) An
				applicant who applies for approval under IC 13-18-10-1 to construct or expand a
				CFO on land for which a valid existing approval has not been issued shall make
				a reasonable effort to provide notice not more than ten (10) working days after
				submitting an application:
(1) to the county
				executive of the county in which the CFO is to be located or expanded;
				and
(2) to each owner and each
				occupant of land of which any part of the boundary is one-half (1/2) mile or
				less from the following:
(A) Any part of the
				proposed footprint of either or both of the following to be located on the land
				on which the CFO is to be located:
(i) A
				livestock or poultry production structure.
(ii) A permanent manure storage
				facility.
(B) Any part
				of the proposed footprint of either or both of the following to be located on
				the land on which the CFO is to be expanded:
(i) A livestock or poultry production
				structure.
(ii) The expanded area
				of a livestock or poultry production structure.
The notice must be completed on forms provided or approved by
				  the commissioner, sent by mail, be in writing, include the date on which the
				  application was submitted to the department, and include a brief description of
				  the subject of the application. The notice must also include the dates comments
				  will be accepted by the department in subsection (b). The applicant shall pay
				  the cost of complying with this subsection. The applicant shall submit an
				  affidavit to the department that certifies that the applicant has complied with
				  this subsection, as well as submit a copy of the state form to the department
				  that was sent to persons in this subsection.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 9 - Operating Record and Annual Fees › Section 9-1 - Requirements

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18-10; IC
				  13-30
Sec. 1.
(a) All valid
				approvals, amendments, renewals, and notifications relevant to the approvals
				must be:
(1) added to the operating record in
				accordance with required time frames established in this article and IC
				13-18-10; and
(2) maintained and
				updated in the operating record.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 9 - Operating Record and Annual Fees › Section 9-2 - Annual fees

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-16; IC
				  13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15-8; IC 13-18-10-2;
				  IC 13-18-10-2.1; IC 13-30; IC 25-17.6
Sec. 2.
In addition to application fees required under 327
				  IAC19-7-1, each CFO must pay an annual fee of one hundred dollars ($100) in
				  accordance with billing fromthe department
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 10 - Ground Water Monitoring › Section 10-1 - Ground water monitoring

Current through July 10, 2024
Authority: IC 13-13-5-1; IC 13-15-1-2; IC 13-15-2-1
Affected: IC 13-18-10
Sec. 1.
(a) Ground
				water monitoring may be required when the commissioner makes a determination
				that the monitoring is required to protect human health and the environment.
				The commissioner shall make a written determination describing the basis for
				the need for ground water monitoring based on information provided about any of
				the following:
(1) Proximity of ground water
				aquifer to waste management systems.
(2) Soil types located at and around the
				proposed waste management systems.
(3) Site-specific factors at the location of
				the proposed waste management system that may elevate the potential for
				contamination of the ground water aquifer.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 11 - Storm Water Management › Section 11-1 - Applicability

Current through July 10, 2024
Authority: IC 13-13-5-1; IC 13-15-1-2; IC 13-15-2-1
Affected: IC 13-18-10
Sec. 1.
(a) All CFOs
				that are defined as concentrated animal feeding operations (CAFOs) in
				40
				CFR 122.23(b)(2) * and all
				CAFOs with a NPDES permit must meet the storm water requirements in
				40
				CFR 122.23(e) *,
				40
				CFR 122.42(e)(1) *, and
				40
				CFR 122.42(e)(2)
				*.
(b) All CFOs not defined as a
				CAFO in subsection (a) must comply with section 2 of this rule.
*These documents are incorporated by reference. Copies may be
				  obtained from Government Publishing Office,
www.gpo.gov
, or are available for review at the
				  Indiana Department of Environmental Management, Office of Legal Counsel,
				  Indiana Government Center North, Thirteenth Floor, 100 North Senate Avenue,
				  Indianapolis, IN 46204.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 11 - Storm Water Management › Section 11-2 - Storm water management

Current through July 10, 2024
Authority: IC 13-13-5-1; IC 13-15-1-2; IC 13-15-2-1
Affected: IC 13-18-10
Sec. 2.
(a) When
				evaluating storm water management, CFOs must consider the following:
(1) All activities and significant materials
				that may reasonably be expected to add significant amounts of pollutants to
				storm water draining from the facility.
(2) The potential pollutant sources from the
				following:
(A) Immediate access roads and
				rail lines at the CFO used or traveled by carriers of raw materials, waste
				material, or byproducts used or created by the facility.
(B) Refuse sites.
(C) Sites used for the storage and
				maintenance of material handling equipment.
(D) Shipping and receiving areas.
(E) Paved, dirt, or gravel parking areas for
				storage of vehicles to be maintained.
(F) Materials that are treated, stored, or
				disposed of in a manner to allow exposure to storm water where that exposure
				may release contaminants into the storm water.
(G) The method and location of on-site
				storage or disposal of significant materials.
(3) The location of existing structural and
				nonstructural control measures to reduce pollutants in storm water
				runoff.
(4) Materials management
				practices employed to minimize contact of materials with storm water
				runoff.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 12 - Manure Handling and Storage; Site, Design, and Construction Requirements for Waste Management Systems › Section 12-1 - Applicability

Current through July 10, 2024
Authority: IC 13-14-8; IC
				  13-15-2-1;
				  IC
				  13-18-10-4
Affected: IC 13-15; I C 13-18-10; IC 13-30
Sec. 1.
This rule applies to waste management systems approved for
				  construction after the effective date of this article.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 12 - Manure Handling and Storage; Site, Design, and Construction Requirements for Waste Management Systems › Section 12-2 - Site restrictions

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 2.
(a) Waste
				management systems must not be constructed:
(1) except for subsection (b), in karst
				terrain based on information compiled by the department, and from karst and
				bedrock maps from the Indiana Geological Survey dated 1997;
(2) in a floodway;
(3) in a one hundred (100) year flood plain,
				unless all waste management system access is at least two (2) feet above the
				one hundred (100) year flood plain and structurally sound without lowering
				flood waters or the seasonal water table below the bottom of the waste
				management system;
(4) over mines;
				or
(5) in soil types that are
				expected to have a seasonal high water table, unless the water table is lowered
				to keep the water table below the bottom of the waste management
				system.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 12 - Manure Handling and Storage; Site, Design, and Construction Requirements for Waste Management Systems › Section 12-3 - Setbacks

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-15; IC 13-18-10; IC 13-30
Sec. 3.
(a) Waste
				management systems must be located to maintain the minimum setback distances
				from the following features that are known and identifiable at the time an
				application is submitted for approval:
(1)
				One thousand (1,000) feet from a public water supply well or public water
				supply surface intake structure.
(2) Except for subsection (c), three hundred
				(300) feet from the following:
(A) Surface
				water.
(B) Drainage inlets,
				including water and sediment control basins.
(C) Sinkholes, as measured from the surficial
				opening or the lowest point of the feature.
(D) Off-site water wells.
(3) One hundred (100) feet from
				the following:
(A) On-site water
				wells.
(B) Property
				lines.
(C) Public roads.
(4) Four hundred (400) feet from
				existing off-site residential and public buildings.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 12 - Manure Handling and Storage; Site, Design, and Construction Requirements for Waste Management Systems › Section 12-4 - Storage capacity and design requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-15; IC 13-18-10-4; IC 13-30
Sec. 4.
(a) An
				alternate design may be approved by the commissioner if it is shown to provide
				an equivalent amount of environmental protection.
(b) All waste management systems must be
				designed to not discharge to surface waters of the state. If a waste management
				system discharges or is designed to discharge, a NPDES CAFO permit under 327
				IAC 15-16 is required.
(c) All
				manure storage facilities for the CFO must be designed, constructed, and
				maintained with a combined storage capacity of at least one hundred eighty
				(180) days storage for the following:
(1) All
				materials entering the manure storage facility.
(2) If applicable, the expected precipitation
				and runoff from a twenty-five (25) year, twenty-four (24) hour precipitation
				event that falls on the drainage area around the manure storage facility that
				contains liquid. Calculations for manure excretion characteristics must be
				based on ASAE D384.2: Manure Production and Characteristics, March
				2005*.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 12 - Manure Handling and Storage; Site, Design, and Construction Requirements for Waste Management Systems › Section 12-5 - Design requirements for liners

Current through July 10, 2024
Authority: IC 13-14-8; IC
				  13-15-2-1;
				  IC
				  13-18-10-4
Affected: IC 13-15; IC 13-18-10; IC 13-30
Sec. 5.
(a) The soil
				or foundation of a manure storage pond or manure treatment lagoon must have a
				maximum specific discharge of 1/16
				in3/in2/day
				(1.8×10-6cm3/cm2/sec).
				This requirement may be satisfied by soil testing that shows a minimum of three
				(3) feet of in situ soils that meet the maximum specific discharge criteria.
				The soil must be over-excavated a minimum of six (6) inches and recompacted to
				break up the existing macropore structure.
(b) If there is not at least three (3) feet
				of in situ soils that meet the maximum specific discharge criteria in
				subsection (a), a liner must be used. Except for clay liners described in
				subsection (c), liners used in manure storage facilities must meet any of the
				following design standards:
(1) Indiana NRCS
				Conservation Practice Standard Code 520: Pond Sealing or Lining-Compacted Soil
				Treatment, October 2016*.
(2)
				Indiana NRCS Conservation Practice Standard Code 521A: Pond Sealing or Lining,
				Flexible Membrane, October 2013*.
(3) Indiana NRCS Conservation Practice
				Standard Code 522: Pond Sealing or Lining-Concrete October 2016.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 13 - Manure Handling and Storage; Operational Requirements › Section 13-1 - Maintenance requirements

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 1.
(a) All waste
				management systems and application equipment must be maintained and operated to
				meet the approval conditions.
(b)
				Management of manure must be in compliance with the following:
(1) This article.
(2) The CFO approval.
(3) All applicable state and federal
				laws.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 13 - Manure Handling and Storage; Operational Requirements › Section 13-2 - Digesters and other energy recovery systems

Current through July 10, 2024
Authority: IC 13-14-8-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14-12; IC 13-18; IC 13-20-10.5;
				  IC 13-30
Sec. 2.
Any manure digester or energy recovery system located at a
				  CFO or CAFO that receives only biomass, as defined in IC 13-11-2-16.6, must be
				  approved as a waste management system in accordance with IC
				  13-20-10.5.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 13 - Manure Handling and Storage; Operational Requirements › Section 13-3 - Transport and handling

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 3.
Pumping, dumping, or allowing the leakage or drainage of
				  manure from a manure transfer vehicle onto unauthorized premises, public
				  thoroughfares, or into waters of the state is prohibited.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 13 - Manure Handling and Storage; Operational Requirements › Section 13-4 - Emergency response plan

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 4.
(a) The
				owner/operator of a CFO shall develop an emergency response plan to be kept in
				the operating record. The plan shall contain the following:
(1) Procedures for the following:
(A) Containing a manure release to prevent it
				from reaching waters of the state.
(B) Locating the source of the manure release
				and stopping the flow of manure or waste liquids.
(C) Returning released manure or waste
				liquids to an approved waste management system.
(D) Land applying released manure in
				accordance with 327 IAC 19-1Sec. 4.
(E) Contacting the following:
(i) The owner/operator.
(ii) Any applicable local emergency or health
				authorities.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 14 - Land Application of Manure › Section 14-1 - Applicability

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 1.
Land application of manure, litter, or process wastewater to
				  land that is:
(1) owned by the
				permittee;
(2) rented by the
				permittee; or
(3) utilized by the
				permittee under an agreement for land use;
shall be done in accordance with the requirements of this
				  rule.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 14 - Land Application of Manure › Section 14-2 - Required acreage for manure application

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18-10-1; IC
				  13-30
Sec. 2.
(a) All CFOs
				must maintain a minimum number of acres for manure application based on manure
				application rates from section 3 of this rule. This must be:
(1) documented in the operating record at all
				times; and
(2) included in all
				applications required under IC 13-18-10-1(2).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 14 - Land Application of Manure › Section 14-3 - Manure application rates

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-15; IC 13-18-10; IC 13-30
Sec. 3.
(a) The
				owner/operator of a CFO shall have the results of a soil test prior to any land
				application events, as well as a manure test. Soil and manure tests must be
				conducted in accordance with the manure management plan that is submitted to
				the commissioner to meet the requirement in
				327 IAC
				19-7-1(c)(5).
(b) The application rate of nitrogen (N) must
				not exceed the N requirements based on the recommendations in the following
				documents for current or planned crops of the upcoming growing season as
				documented in the operating record:
(1) Purdue
				University Cooperative Extension Service publication ID-101: Animal Manure as a
				Plant Nutrient Resource, February 2001*.
(2) Tri-State Fertilizer Recommendations for
				Corn, Soybeans, Wheat and Alfalfa, Extension Bulletin E-2567 (New), July
				1995**. Minimum N loss estimates must be used unless otherwise justified. This
				justification must be kept in the operating record.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 14 - Land Application of Manure › Section 14-4 - Manure application activities

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-15; IC 13-18-10; IC 13-30
Sec. 4.
(a) Manure
				that is staged at the manure application site for more than seventy-two (72)
				hours must be:
(1) covered or adequately
				bermed to prevent run-on or runoff;
(2) applied to the site within ninety (90)
				days;
(3) set back from property
				lines and public roads one hundred (100) feet; and
(4) set back from residential buildings four
				hundred (400) feet.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 14 - Land Application of Manure › Section 14-5 - Spray irrigation

Current through July 10, 2024
Authority: IC 13-13-5-1; IC 13-15-1-2; IC 13-15-2-1
Affected: IC 13-18-10
Sec. 5.
(a) Spray
				irrigation of manure and process wastewater must be conducted to prevent
				equipment leaks and excessive application. Application is deemed excessive when
				the application rate exceeds the infiltration rate of the soil where the
				application is occurring.
(b)
				Application must be conducted:
(1) under the
				constant supervision of a person; or
(2) with devices to detect pressure loss due
				to leaks and devices to shut down the system if leaks are detected.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 14 - Land Application of Manure › Section 14-6 - Manure application setbacks

Current through July 10, 2024
Authority: IC 13-14-8; IC
				  13-15-2-1;
				  IC
				  13-18-10-4
Affected: IC 13-15; IC 13-18-10; IC 13-30
Sec. 6.
(a) Except
				as otherwise provided under this section, application of manure and process
				wastewater must be in accordance with the setbacks in Table 1: Manure
				Application Setback Distances, from Indiana NRCS Conservation Practice Standard
				590: Nutrient Management, October 2013*, as follows:
(1) All setback distances must be measured
				from the edge of the area of actual placement of manure or process wastewater
				on the land.
(2) The property line
				setback distances in this subsection may be waived in writing by the owner of
				the adjoining property.
(3) The
				setback is the width of the filter strip if a properly designed and maintained
				filter strip of at least fifty (50) feet in width is located between the
				application site and any of the following:
(A)
				Surface water.
(B) Any known
				private well.
(C) The surface
				opening or lowest point of any sinkhole.
(D) Any drainage inlet, including water and
				sediment control basins.
(4) The setback is ten (10) feet if a
				gradient barrier is located between the application site and any of the
				following:
(A) Surface water.
(B) Any known well.
(C) The surface opening or lowest point of
				any sinkhole.
(D) Any drainage
				inlet, including water and sediment control basins.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 14 - Land Application of Manure › Section 14-7 - Marketing and distribution of manure

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 7.
(a) The
				owner/operator of the CFO shall provide an information sheet to any person that
				receives or purchases more than ten (10) cubic yards of dry manure or four
				thousand (4,000) gallons of liquid manure in a year from the CFO unless the
				owner/operator takes responsibility for applying the manure.
(b) The information sheet must contain, at a
				minimum, the following information:
(1) The
				name and address of the CFO providing the manure.
(2) A statement indicating that it is
				unlawful to allow the manure to enter any waters of the state.
(3) Information on the nutrient content of
				the manure.
(4) The manure
				application requirements of this rule.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 15 - Decommissioning of Manure Storage Facilities › Section 15-1 - Applicability

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 1.
The owner/operator of a CFO subject to this article that
				  plans to decommission a manure storage facility must comply with the
				  requirements in section 2 of this rule. A manure storage facility is deemed
				  decommissioned when the environmental threat has been removed.