1. (a) The owner or operator of a storage structure shall develop an emergency response plan to be kept in the operating record. The plan must contain the following:

   1. (1) Procedures for the following:

      1. (A) Containing a processed manure release to prevent the manure from reaching waters of the state.
      2. (B) Locating the source of a processed manure release and stopping the flow of manure.
      3. (C) Returning released manure to the storage structure or an approved waste management system.

      4. (D) Contacting the following:

         1. (i) The owner or operator.
         2. (ii) Any applicable local emergency or health authorities.
   2. (2) The names and telephone numbers of each person who is identified by the owner or operator as responsible for implementing the emergency response plan.
   3. (3) Identification of areas where potential manure releases could occur and their accompanying drainage points.
   4. (4) Identification of equipment and cleanup materials to be used in the event of a manure release.

2. (b) The owner or operator shall implement the emergency response plan any time a processed manure release occurs. If manure from the storage structure reaches waters of the state, the owner or operator must do the following:

   1. (1) Provide notification in accordance with the following:

      1. (A) As soon as possible, but within two (2) hours of discovery, communicate a spill report to the Indiana department of environmental management, office of land quality, emergency response section.
      2. (B) If new or updated spill report information becomes known that indicates a significant increase in the likelihood of damage to the waters of the state, the responsible party shall notify the Indiana department of environmental management as soon as possible, but within two (2) hours of the time the new or updated information becomes known.
   2. (2) If requested by the Indiana department of environmental management, submit a written copy of the spill report to the Indiana department of environmental management, office of land quality, emergency response section.

   3. (3) Except from modes of transportation other than pipelines, exercise due diligence and document attempts to notify the following:

      1. (A) For processed manure releases or spills to surface water, the nearest affected downstream water user located within ten
      2. (10) miles of the spill and in Indiana.
      3. (B) For processed manure releases or spills to soil outside the storage structure property boundary, each affected property owner, operator, and occupant.

As added by P.L.98-2026, SEC.51.