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IC 13-18-10-1
Department approval necessary for confined feeding operations;
NPDES permits
Sec. 1. (a) A person may not start construction of a confined
feeding operation without obtaining the prior approval of the
department.
(b) Obtaining an NPDES permit for a CAFO meets the
requirements of subsection (a) and 327 IAC 16 to obtain an approval.
As added by P.L.1-1996, SEC.8. Amended by P.L.24-2004, SEC.3.
IC 13-18-10-2
Applications for approval
Sec. 2. (a) Application for approval of the construction of a
confined feeding operation must be made on a form provided by the
department. An applicant must submit the completed application
form to the department together with the following:
(1) Plans and specifications for the design and operation of
manure treatment and control facilities.
(2) A manure management plan that outlines procedures for the
following:
(A) Soil testing.
(B) Manure testing.
(3) Maps of manure application areas.
(4) Supplemental information that the department requires,
including the following:
(A) General features of topography.
(B) Soil types.
(C) Drainage course.
(D) Identification of nearest streams, ditches, and lakes.
(E) Location of field tiles.
(F) Location of land application areas.
(G) Location of manure treatment facilities.
(H) Farmstead plan, including the location of water wells on
the site.
(5) A fee of one hundred dollars ($100). The department shall
refund the fee if the department does not make a determination
in accordance with the time period established under section 2.1
of this chapter.
(b) An applicant who applies for approval to construct a confined
feeding operation on land that is undeveloped or for which a valid
existing approval has not been issued shall make a reasonable effort
to provide notice:
(1) to:
(A) each person who owns land that adjoins the land on
which the confined feeding operation is to be located; or
(B) if a person who owns land that adjoins the land on which
the confined feeding operation is to be located does not
occupy the land, all occupants of the land; and
(2) to the county executive of the county in which the confined
feeding operation is to be located;
not more than ten (10) working days after submitting an application.
The notice must be 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 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.
(c) Plans and specifications for manure treatment or control
facilities for a confined feeding operation must secure the approval
of the department. The department shall approve the construction and
operation of the manure management system of the confined feeding
operation if the commissioner determines that the applicant meets the
requirements of:
(1) this chapter;
(2) rules adopted under this chapter;
(3) the water pollution control laws;
(4) rules adopted under the water pollution control laws; and
(5) policies and statements adopted under IC 13-14-1-11.5
relative to confined feeding operations.
As added by P.L.1-1996, SEC.8. Amended by P.L.125-1997, SEC.4.
IC 13-18-10-2.1
Approval procedure; requirements; revocation
Sec. 2.1. (a) The department:
(1) shall make a determination on an application not later than
ninety (90) days after the date the department receives the
completed application, including all required supplemental
information, unless the department and the applicant agree to a
longer time; and
(2) may conduct any inquiry or investigation, consistent with
the department's duties under this chapter, the department
considers necessary before making a determination.
(b) If the department fails to make a determination on an
application not later than ninety (90) days after the date the
department receives the completed application, the applicant may
request and receive a refund of an approval application fee paid by
the applicant, and the commissioner shall:
(1) continue to review the application;
(2) approve or deny the application as soon as practicable; and
(3) refund the applicant's application fee not later than
twenty-five (25) working days after the receipt of the applicant's
request.
(c) The commissioner may suspend the processing of an
application and the ninety (90) day period described under this
section if the department determines within thirty (30) days after the
department receives the application that the application is incomplete
and has mailed a notice of deficiency to the applicant that specifies
the parts of the application that:
(1) do not contain adequate information for the department to
process the application; or
(2) are not consistent with applicable law.
(d) The department may establish requirements in an approval
regarding that part of the confined feeding operation that concerns
manure handling and application to assure compliance with:
(1) this chapter;
(2) rules adopted under this chapter;
(3) the water pollution control laws;
(4) rules adopted under the water pollution control laws; and
(5) policies and statements adopted under IC 13-14-1-11.5
relative to confined feeding operations.
(e) The department may amend an approval or revoke an
approval:
(1) for failure to comply with:
(A) this chapter;
(B) rules adopted under this chapter;
(C) the water pollution control laws; or
(D) rules adopted under the water pollution control laws;
and
(2) as needed to prevent discharges of manure into the
environment that pollute or threaten to pollute the waters of the
state.
As added by P.L.125-1997, SEC.5.
IC 13-18-10-2.2
Construction of confined feeding operation
Sec. 2.2. (a) If an applicant receives an approval under this
chapter and completes construction, not more than thirty (30) days
after the date the applicant completes the construction the applicant
shall execute and send to the department an affidavit that affirms
under penalties of perjury that the confined feeding operation:
(1) was constructed; and
(2) will be operated;
in accordance with the requirements of the department's approval.
(b) Construction of an approved confined feeding operation must:
(1) begin not later than two (2) years; and
(2) be completed not later than four (4) years;
after the date the department approves the construction of the
confined feeding operation or the date all appeals brought under
IC 4-21.5 concerning the construction of the confined feeding
operation have been completed, whichever is later.
As added by P.L.125-1997, SEC.6.
IC 13-18-10-2.3
Manure management plan
Sec. 2.3. A confined feeding operation must submit a manure
management plan that outlines procedures for soil testing, manure
testing, and maps of manure application areas to the department at
least one (1) time every five (5) years to maintain valid approval for
the confined feeding operation under this chapter.
As added by P.L.125-1997, SEC.7.
IC 13-18-10-2.6
Compliance and technical assistance program
Sec. 2.6. The department shall establish a compliance and
technical assistance program for owners and operators of confined
feeding operations that may be administered by:
(1) the department;
(2) a state college or university; or
(3) a contractor.
As added by P.L.125-1997, SEC.8.
IC 13-18-10-3
Enforcement of chapter
Sec. 3. This chapter, including requirements established in a
department approval under section 2 of this chapter, may be enforced
under IC 13-30-3 or IC 13-14-2-6.
As added by P.L.1-1996, SEC.8. Amended by P.L.125-1997, SEC.9.
IC 13-18-10-4
Rules, policies, and statements; uniform standards
Sec. 4. (a) The board may adopt rules under IC 4-22-2 and
IC 13-14-9 and the department may adopt policies or statements
under IC 13-14-1-11.5 that are necessary for the proper
administration of this chapter. The rules, policies, or statements may
concern construction and operation of confined feeding operations
and may include uniform standards for:
(1) construction and manure containment that are appropriate
for a specific site; and
(2) manure application and handling that are consistent with
best management practices:
(A) designed to reduce the potential for manure to be
conveyed off a site by runoff or soil erosion; and
(B) that are appropriate for a specific site.
(b) Standards adopted in a rule, policy, or statement under
subsection (a) must:
(1) consider confined feeding standards that are consistent with
standards found in publications from:
(A) the United States Department of Agriculture;
(B) the Natural Resources Conservation Service of the
United States Department of Agriculture;
(C) the Midwest Plan Service; and
(D) postsecondary educational institution extension
bulletins; and
(2) be developed through technical review by the department,
postsecondary educational institution specialists, and other
animal industry specialists.
As added by P.L.1-1996, SEC.8. Amended by P.L.125-1997, SEC.10;
P.L.2-2007, SEC.167.
IC 13-18-10-5
Injunctive relief
Sec. 5. The department may seek injunctive relief under this
chapter.
As added by P.L.1-1996, SEC.8. Amended by P.L.125-1997, SEC.11.
IC 13-18-10-6
Violations; penalties
Sec. 6. A person who violates this chapter is subject to the
penalties imposed by the following:
(1) IC 13-30-4.
(2) IC 13-30-5.
(3) IC 13-30-8.
In addition, a person who violates this chapter may be subject to
criminal prosecution under IC 13-30-10.
As added by P.L.1-1996, SEC.8. Amended by P.L.137-2007, SEC.12.