Authority: IC 13-14-8-7; IC 13-15-1-2; IC 13-15-2-1; IC 13-18-3-1; IC 13-18-12- 4

Affected: IC 13-11-2-77; IC 13-18-14-1; IC 13-30-2-1

Sec. 3. (a) Land application of biosolid or industrial waste product must be conducted under the supervision of:

1. (1) a certified wastewater treatment plant operator licensed under 327 IAC 5-22; or
2. (2) a person with at least one (1) year of experience in land application management practices and procedures as demonstrated by specific facts contained in a signed affidavit.

The license number or the affidavit must be submitted to the commissioner with the permit application and within thirty (30) days of any change in supervisor of the activity.

(b) Any person who prepares or applies a biosolid or industrial waste product shall ensure that the applicable requirements in this article and the permit are met when the biosolid or industrial waste product is prepared for application to the land or is applied to land.

(c) No person shall apply a biosolid or industrial waste product to any site if any of the cumulative pollutant loading rates in Table 2 in section 9(b) of this rule have been exceeded.

(d) The person who prepares a biosolid or industrial waste product that is applied to any land application site shall:

1. (1) provide the person who applies the biosolid or industrial waste product written notification of the application rates necessary to comply with section 4-10 of this rule; and
2. (2) provide any person that farms the land with nutrient loadings as determined by information provided by the person who applies the biosolid or industrial waste product.

(e) The person who prepares a biosolid or industrial waste product to be applied to the land shall obtain information needed to comply with the following requirements:

1. (1) Based on all available records, if a biosolid, industrial waste product, or pollutant-bearing water has not been applied to the land application site, the cumulative amount for each pollutant listed in Table 2 in section 9(b) of this rule may be applied to the land application site in accordance with Table 2 in section 9(b) of this rule.
2. (2) If a biosolid, industrial waste product, or pollutant-bearing water has been applied to the land application site and the cumulative amount of each pollutant is known, the cumulative amount shall be used to determine the additional amount of each pollutant that can be applied to the land application site in accordance with Table 2 in section 9(b) of this rule.
3. (3) If a biosolid, industrial waste product, or pollutant-bearing water has been applied to the land application site and the cumulative amount of each pollutant is not documented, application of any additional biosolid, industrial waste product, or pollutant-bearing water is prohibited.

(f) Before a biosolid, industrial waste product, or pollutant-bearing water is applied to the land, the person who proposes to apply the biosolid, industrial waste product, or pollutant-bearing water shall contact the commissioner to determine if a biosolid, industrial waste product, or pollutant-bearing water has been applied to the land application site based on department records.

(g) The person who applies a biosolid or industrial waste product to the land shall provide the owner or lease holder of the land on which the biosolid or industrial waste product is applied information to comply with the management practices in section 7 of this rule.

(h) Any person who applies a biosolid or industrial waste product that was not generated in Indiana to land in Indiana must:

1. (1) be in compliance with IC 13-18-14-1; and
2. (2) obtain a permit under section 4, 5, or 5.5 of this rule from the commissioner.

(Water Pollution Control Division; 327 IAC 6.1-4-3; filed May 15, 1998, 10:20 a.m.: 21 IR 3788; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; filed Jul 7, 2003, 4:25 p.m.: 26 IR 3604; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR- 327070553BFA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA; readopted filed Jun 14, 2019, 1:59 p.m.: 20190710-IR-327190246BFA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)