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

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

Sec. 7. (a) All permitted CAFOs must comply with the requirements of 327 IAC 19-3-1.

(b) Animals in any confinement area must not have direct access to waters of the state.

(c) A discharge of process wastewater pollutants to waters of the state is prohibited, except as described in subsection (d).

(d) Whenever rainfall events cause an overflow of process wastewater from a facility designed, constructed, operated, and maintained to contain all process wastewater generated in addition to the runoff from a twenty-five (25) year, twenty-four (24) hour rainfall event for the location of the point source, process wastewater pollutants in the overflow may be discharged into waters, provided that the production area is operated in accordance with the requirements of 40 CFR 412.37(a)* and 40 CFR 412.37(b)*.

(e) Any discharges by operations permitted under this rule may not cause an exceedance of a water quality standard under 327 IAC 2.

(f) Permitted CAFOs must meet the following requirements and effluent limitations for the CAFO production areas as of the date of permit coverage:

1. (1) A discharge of manure, litter, or process wastewater pollutants to waters of the state is prohibited.
2. (2) Whenever rainfall events cause an overflow of process wastewater from a structure designed, constructed, operated, and maintained to contain all process wastewater including the direct precipitation and runoff from a twenty-five (25) year, twenty-four (24) hour rainfall event for the location of the point source, process wastewater pollutants in the overflow may be discharged into waters, provided that the production area is operated in accordance with the requirements of subdivisions (3) through (7).

3. (3) Conduct weekly visual inspections of all of the following:

   1. (A) Storm water diversion devices.
   2. (B) Runoff diversion devices.
   3. (C) Devices channeling contaminated storm water to the process wastewater and manure storage structure.
   4. (D) Manure, litter, and process wastewater impoundments, noting the level in open surface liquid impoundments as indicated by the depth marker.
4. (4) Conduct daily inspection of all water lines that may come in contact with or impact manure, litter, or process wastewater in and around the production area. Water lines include drinking water lines for livestock.
5. (5) Correct any deficiencies found in inspections as soon as possible.
6. (6) Do not dispose of mortalities in a liquid manure or process wastewater system. Mortalities must be handled to prevent the discharge of pollutants to surface water.

7. (7) Maintain, within the operating record required under section 11 of this rule, for a period of five (5) years from the date of creation, a complete copy of the following records:

   1. (A) Records documenting self-inspections.
   2. (B) Weekly records of the depth of manure and process wastewater in the open surface liquid impoundment, as indicated by the depth marker.
   3. (C) Records of actions taken to correct deficiencies. Deficiencies not corrected within thirty (30) days of discovery must be accompanied by an explanation of the factors preventing immediate correction.
   4. (D) Records of mortality management and practices.
   5. (E) Records documenting the current design of any manure, litter, or process wastewater storage structures, including volume for solids accumulation, design treatment volume, total design volume, and approximate number of days of storage capacity.
   6. (F) Records of the date, time, and estimated amount of any overflow.

(g) For the land upon which the CAFO applies manure, the records described in 327 IAC 19-14-3(f) must be maintained in the operating record for a period of five (5) years from the date of permit coverage.

*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- 7; 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)