Authority: IC 13-14-8; IC 13-18-10-4

Affected: IC 13-11-2; IC 13-14-12; IC 13-18-10; IC 13-30

Sec. 1. (a) This rule:

1. (1) incorporates by reference federal National Pollutant Discharge Elimination System (NPDES) concentrated animal feeding operation (CAFO) regulations;
2. (2) requires construction, operational, and land application standards for CAFOs; and
3. (3) describes how to be removed from the CAFO permitting program.

(b) This rule applies to all of the following:

1. (1) All CAFOs defined as CAFOs under 40 CFR 122.23(c)* that discharge to waters of the state.
2. (2) Animal feeding operations designated as CAFOs under 40 CFR 122.23(c)* that discharge to waters of the state.
3. (3) AFOs electing to be subject to this rule.

(c) An owner/operator of a facility listed in subsection (b) must obtain permit coverage under this rule.

(d) The discharge of manure, litter, or process wastewater from a CAFO to waters of the state as a result of land application of manure, litter, or process wastewater by the CAFO to land application areas under the control of the CAFO owner/operator is a discharge subject to NPDES permit requirements under this rule, except where it is an agricultural storm water discharge.

*These documents are incorporated by reference. Copies may be obtained from the 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.

(Water Pollution Control Division; 327 IAC 15-16- 1; filed Feb 6, 2012, 2:50 p.m.: 20120307-IR-327090213FRA, eff Jul 1, 2012; filed Jul 12, 2017, 8:47 a.m.: 20170809-IR- 327160003FRA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)