Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-16; IC 13-18-10-4

Affected: IC 13-11-2; IC 13-14; IC 13-15-8-2; IC 13-18-10-2; IC 13-18-10-2.1; IC 13-30; IC 25-17.6

Sec. 1. (a) An application under this rule is required for all CFOs not previously regulated under:

1. (1) this article;
2. (2) 327 IAC 16 before its repeal; or
3. (3) 327 IAC 5-4-3 or 327 IAC 15-15 before their repeal.

(b) Three (3) copies of the application package, one (1) of which may be electronic, for an approval of a CFO must be submitted to the commissioner in a format specified by the department.

(c) A complete application package must include all of the following information:

1. (1) A completed application on forms provided by the department.
2. (2) A plot map as described in section 2 of this rule.
3. (3) A farmstead plan as described in section 3 of this rule.
4. (4) A waste management system drawing as described in section 4 of this rule.
5. (5) A manure management plan as described in section 5 of this rule.

6. (6) Soil and water table information from test holes for proposed manure storage facilities that are conducted by a soil scientist registered under the Indiana board of registration for soil scientists, a professional geologist certified in Indiana under IC 25-17.6, or a professional engineer registered in Indiana. The number of test holes must be sufficient to adequately characterize the seasonal water table and soil. Test holes for concrete manure storage facilities must be at least two (2) feet below the base of the structure. If the manure storage facility is earthen, test holes must be:

   1. (A) placed at a rate of two (2) holes for the first acre of storage and one (1) additional hole for each additional half acre of storage;
   2. (B) evenly distributed throughout the storage structure;
   3. (C) at least five (5) feet below the base of the structure for non-karst areas; or
   4. (D) in accordance with 327 IAC 19-12-2(b)(3) in areas of karst terrain.
7. (7) A description of any proposed alternative to a specific requirement in this article to demonstrate equivalent environmental and human health protection in accordance with 327 IAC 19-5.
8. (8) A list of potentially affected parties, which includes those described in IC 13-18-10-2 and IC 13-15-8- 2.

9. (9) A CFO construction permit application fee of one hundred seventy-five dollars ($175) for each of the following that applies:

   1. (A) Construction of a CFO.

   2. (B) Expansion of a CFO that increases one (1) or both of the following:

      1. (i) Animal capacity.
      2. (ii) Manure containment capacity.
10. (10) Other plans or supplemental information that may be required by the commissioner to ensure compliance with this article. The commissioner shall provide written documentation of the basis for requiring any other plans or supplemental information.
11. (11) A statement affirming that AFOs adjacent to or contiguous with the CFO are not under common ownership or control of the applicant.
12. (12) Copies of any written waivers related to reduction of setback distances.
13. (13) Copies of all land use agreements as described in 327 IAC 19-14-2(b).

(d) Existing CFOs that are expanding must also provide a certification on a form provided by the department that enough acreage exists for land application. This certification must include any information provided to demonstrate that a smaller amount of acreage can be used under 327 IAC 19-14-2(c). This certification must be submitted in writing to the department.

(Water Pollution Control Division; 327 IAC 19-7-1; filed Feb 6, 2012, 2:58 p.m.: 20120307-IR-327090615FRA, eff Jul 1, 2012; readopted filed Jun 6, 2018, 1:59 p.m.: 20180704-IR-327180171BFA; filed May 23, 2022, 9:56 a.m.: 20220622-IR-327200026FRA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)