Authority: IC 13-14-8; IC 13-15-2-1; IC 13-18-10-4

Affected: IC 13-15; IC 13-18-10-4; IC 13-30

Sec. 4. (a) An alternate design may be approved by the commissioner if it is shown to provide an equivalent amount of environmental protection.

(b) All waste management systems must be designed to not discharge to surface waters of the state. If a waste management system discharges or is designed to discharge, a NPDES CAFO permit under 327 IAC 15-16 is required.

(c) All manure storage facilities for the CFO must be designed, constructed, and maintained with a combined storage capacity of at least one hundred eighty (180) days storage for the following:

1. (1) All materials entering the manure storage facility.
2. (2) If applicable, the expected precipitation and runoff from a twenty-five (25) year, twenty-four (24) hour precipitation event that falls on the drainage area around the manure storage facility that contains liquid.

Calculations for manure excretion characteristics must be based on ASAE D384.2: Manure Production and Characteristics, March 2005*.

(d) All liquid manure storage facilities must be constructed according to the Indiana NRCS Conservation Practice Standard Code 313: Waste Storage Facility, October 2016**. Construction of all liquid manure storage facilities approved after the effective date of this article must be certified upon completion by a registered professional engineer on a form provided by the department. The engineer's certification must be kept in the operating record and submitted with the affidavit required by subsection (s).

(e) In addition to subsection (d), all concrete manure storage facilities must be constructed according to:

1. (1) Indiana NRCS Construction Specification, Concrete Construction, May 2015***; and

2. (2) either:

   1. (A) MWPS-36: Rectangular Concrete Manure Storages, Second Edition, 2005****; or
   2. (B) TR-9: Circular Concrete Manure Tanks, March 1998****.

(f) All earthen manure storage lagoons utilized for treatment must be constructed according to the Indiana NRCS Conservation Practice Standard Code 359: Waste Treatment Lagoon, September 2005***.

(g) Manure storage facilities that contain solid manure may not be constructed in sand or gravel soils, Unified Soil Classification of Pt, GW, GP, GM, GC, SW, SP, SM, as described in ASTM D2488-09a Standard Practice for Description and Identification of Soils (Visual-Manual Procedure)*****, unless specially designed with an approved liner, in accordance with section 5 of this rule.

(h) Waste management systems not specifically listed in this section must be designed and constructed in accordance with the requirements of IC 13-18-10-4(b). The design must be submitted to the department for approval under subsection (a) before construction can commence.

(i) Pipelines must be constructed according to the Indiana NRCS Conservation Practice Standard Code 634: Waste Transfer, October 2010**.

(j) Installation of underground steel storage tanks for manure is prohibited.

(k) Plastic and fiberglass tanks and aboveground steel tanks must comply with the following:

1. (1) Tanks must have sufficient strength to withstand design loads.
2. (2) All tanks must be watertight.
3. (3) Tanks used to store any objectionable or hazardous substances must be cleaned to remove any traces of the other substances prior to addition of manure to the tank.
4. (4) Tanks must be designed and installed to ensure the seasonal high water table is maintained below the tank or the tank must be anchored to prevent flotation.
5. (5) Aboveground tanks must have protected shutoff valves for all inlet and outlet pipes.

(l) Vegetative management systems must be constructed according to the Indiana NRCS Conservation Practice Standard Code 635: Vegetated Treatment Area; October 2008**.

(m) Constructed wetlands must be constructed according to the Indiana NRCS Conservation Practice Standard Code 656: Constructed Wetland; November 2012**.

(n) Any drainage system to lower a seasonal water table around the base of a waste management system must be equipped with an access point for sampling within fifty (50) feet of the waste management system.

(o) Any drainage system to lower the seasonal water table around the base of a waste management system must be designed and installed to:

1. (1) effectively collect and drain the ground water;
2. (2) be of adequate size, proper slopes, and proper distance from the waste management system;
3. (3) if applicable, be provided with sumps, pumps (including a backup pump), and electricity supply;

4. (4) if applicable, have a surface outlet that is at least fifty (50) feet away from the building, and at least:

   1. (A) fifty (50) feet from the property line in soils with a permeability of one-half (1/2) inch per hour or less; or
   2. (B) twenty (20) feet from the property line in soils with a permeability greater than one-half (1/2) inch per hour; and
5. (5) have a shut-off valve or equivalent.

(p) Any field tiles or drainage outlets encountered during construction must be cut back at least fifty (50) feet from the edge of a berm or concrete pit or earthen structure and blocked or rerouted in accordance with any applicable local approval requirements.

(q) The commissioner may incorporate conditions into the approval that require testing to verify that the manure storage facility is consistent with the design and performance standards established in this article.

(r) The owner/operator shall notify the commissioner in writing two (2) days prior to scheduled construction of a waste management system. If an owner/operator completes construction of an approved waste management system and wishes to utilize that portion prior to finishing construction of the entire facility, multiple notices must be submitted.

(s) The applicant shall execute and send to the commissioner an affidavit, under penalty of perjury, that a waste management system was constructed and shall be operated in accordance with the requirements of the approval and this article as follows:

1. (1) The owner/operator shall submit to IDEM, on a form provided by the department, the affidavit within thirty (30) days after the date construction of an approved waste management structure is completed, and prior to the introduction of any animals or manure.
2. (2) The affidavit must be completed, notarized, and returned to IDEM assuring that the waste management system was constructed and shall be operated in accordance with the requirements of the approval.
3. (3) The affidavit must include identification of the parts of the waste management system that were completed at the time of submittal.
4. (4) If an owner/operator performs partial construction of an approved facility and wishes to utilize that portion prior to completing construction of the entire facility, multiple affidavits must be submitted.
5. (5) No portion of a waste management system, including animal feed and similar feedstock storage areas, shall be utilized unless that portion, or a combination of the waste management system for that portion, is completely constructed prior to the introduction of animals and provides a minimum of one hundred eighty (180) days storage for manure, wastewater, and leachate.

*This document is incorporated by reference. Copies may be obtained from the American Society of Agricultural and Biological Engineers, 2950 Niles Road, St. Joseph, Michigan 49085-9659, online at http://www.asabe.org/, 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.

**These documents are incorporated by reference. Copies may be obtained from the Indiana NRCS State Office, 6013 Lakeside Boulevard, Indianapolis, IN 46278, online at http://www.nrcs.usda.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.

***This document is incorporated by reference. Copies may be obtained from the Indiana NRCS State Office, 6013 Lakeside Boulevard, Indianapolis, IN 46278, online at http://www.nrcs.usda.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.

****This document is incorporated by reference. Copies may be obtained from the MidWest Plan Service, 122 Davidson Hall, Iowa State University, Ames, Iowa 50011-3080 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.

*****This document is incorporated by reference. Copies may be obtained from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959 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 19-12-4; filed Feb 6, 2012, 2:58 p.m.: 20120307-IR-327090615FRA, eff Jul 1, 2012; filed Jul 12, 2017, 8:47 a.m.: 20170809-IR-327160003FRA; readopted filed Jun 6, 2018, 1:59 p.m.: 20180704-IR- 327180171BFA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)