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

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

Sec. 2. (a) The owner/operator of a CFO that plans to decommission a manure storage facility shall do the following:

1. (1) Decommission the manure storage facility in accordance with the requirements in this section prior to expiration of the approval.
2. (2) Continue to maintain the manure storage facility in accordance with the requirements of this article until the manure is removed.
3. (3) Have all the manure removed from the manure storage facility to the extent practical.

4. (4) Have the manure:

   1. (A) applied to the land in accordance with 327 IAC 19-14; or
   2. (B) managed in accordance with this article and applicable state and federal laws.
5. (5) Follow the requirements in the Indiana NRCS Conservation Practice Standard Code 360, Closure of Waste Impoundments, November 2012*, if applicable.
6. (6) Have all associated appurtenances and conveyance structures removed from uncovered manure storage facilities.
7. (7) Recalculate the storage capacity for the CFO.

8. (8) Notify the department:

   1. (A) before demolishing or converting the use of any manure storage facility; and
   2. (B) of the intended future use of the manure storage facility if the manure storage facility is to be converted to another use.

(b) The owner/operator shall submit a certification to the commissioner within thirty (30) days of completing the requirements in this section that states compliance with the requirements in this section.

(c) If deemed necessary to protect human health or the environment, the commissioner may require additional decommissioning activities based on:

1. (1) surface or ground water contamination;
2. (2) evidence of leakage, seepage, manure releases, or spills; or
3. (3) other criteria related to protection of human health or the environment.

The commissioner shall provide written documentation describing the basis for any required additional activities.

*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.in.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.

(Water Pollution Control Division; 327 IAC 19-15-2; 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)