1. (a) Except as provided in subsection (b), a political subdivision (as defined in IC 36-1-2-13 ) does not have authority to regulate by ordinance the storage or use of fertilizer material.
2. (b) A political subdivision may, by resolution, petition the state chemist for a hearing to allow a waiver to adopt an ordinance because of special circumstances relating to the storage or use of fertilizer material. If a petition is received, the state chemist shall hold a public hearing to consider allowing the waiver requested. The public hearing must be conducted in an informal manner. IC 4-21.5 does not apply to a public hearing under this section.

3. (c) The petitioner in the public hearing must present evidence that supports the request for a waiver to adopt an ordinance. All evidence shall be received fourteen (14) days prior to the hearing date. The petitioner has the burden of showing the need for the requested waiver. The evidence must include the following:

   1. (1) A clear, detailed statement of the problem being addressed.
   2. (2) The special circumstances that exist that warrant a waiver.
   3. (3) The specific political entity that will be covered by the request.
   4. (4) Any resources of the state that would be protected by the request, including a specific stream, river, lake, or pond.
   5. (5) Current site specific scientific data, including applicable soil and water tests, that support the request.
   6. (6) Previous mitigation methods or steps implemented.
   7. (7) Educational efforts undertaken to address the concern.
   8. (8) A copy of the proposed ordinance.

4. (d) In reaching a decision to approve or deny the waiver, the state chemist shall consider the following:

   1. (1) Whether the scientific evidence supports the claims being made in the petition.
   2. (2) Whether the measures proposed in the petition will likely correct the purported problem or significantly reduce environmental impacts.
   3. (3) Whether the proposed ordinance corrects the problem in the narrowest scope possible.
   4. (4) Whether the ordinance will impose an undue burden upon the persons regulated.
   5. (5) Whether scientifically based maintenance levels of nutrient applications would still be allowed by the ordinance.
   6. (6) Acceptable fertilizer management practices.

5. (e) The state chemist may not consider the following factors in making a decision on whether to approve or deny the waiver:

   1. (1) The economic impact.
   2. (2) The odor.

6. (f) In reaching a decision on whether to approve or deny the waiver, the state chemist may consult, in addition to the material received from the petitioner, the following:

   1. (1) The board.
   2. (2) Scientifically based materials provided by the College of Agriculture at Purdue University.

   3. (3) Other sources deemed necessary by the state chemist.

      The state chemist shall prepare a written decision, with stated reasons, either allowing or denying the waiver within ninety (90) days after review.

      [Pre-2008 Recodification Citations: subsection (a) formerly 15-3-3-12.5(c); subsection (b) formerly 15-3-3-12.5(d).]

As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.32; P.L.98-2026, SEC.41.