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 13-30-2-1

Sec. 5.5. (a) A hybrid permit is a type of nonsite-specific permit in which some sites are identified. For a biosolid to qualify under a hybrid permit, the following criteria must be met:

1. (1) Either of the pathogen requirements:

   1. (A) Class A in section 13(b) of this rule; or
   2. (B) Class B in section 13(c) of this rule.
2. (2) Compliance with the vector attraction reduction requirements in section 15 of this rule.
3. (3) The pollutant concentrations in Table 3 in section 9(c) of this rule must not be exceeded.

(b) For an industrial waste product to qualify under a hybrid permit, the pollutant concentrations in Table 3 in section 9(c) of this rule must not be exceeded.

(c) A completed permit application must:

1. (1) be submitted to the commissioner on forms and in a format prescribed by the commissioner;
2. (2) include analytical data that demonstrates that pollutant concentrations do not exceed the limits in Table 3 in section 9(c) of this rule;
3. (3) include the names of all counties in which the biosolid or industrial waste product will be applied;
4. (4) for biosolid, provide the documentation of methods of pathogen reduction and vector attraction reduction as required by sections 13 and 15 of this rule;
5. (5) include site-specific information for those sites to be identified in the permit and presented in a format and on forms prescribed by the commissioner; and
6. (6) include any other information as may be required by the commissioner to ensure compliance with this article.

(d) A person who prepares a biosolid or industrial waste product and that has a hybrid permit shall comply with the following:

1. (1) The site restrictions in section 6 of this rule.

2. (2) For nonsite-specific sites:

   1. (A) comply with all permit conditions;
   2. (B) unless otherwise specified, comply with this rule;
   3. (C) only apply the biosolid or industrial waste product to agricultural land;
   4. (D) not apply a biosolid or industrial waste product within six hundred sixty (660) feet of any residence unless a signed waiver has been received from the owner and, if applicable, tenant of the residence; and
   5. (E) not apply a biosolid or industrial waste product within six hundred sixty (660) feet of any public building or public or nonpublic school building.

3. (3) For site-specific sites:

   1. (A) comply with all permit conditions; and
   2. (B) unless otherwise specified, comply with this rule.
4. (4) Submission of monthly reports in accordance with section 18 of this rule.

(e) Waivers must be obtained from the residence owner and, if applicable, tenant of the residence:

1. (1) for each year in which biosolid or industrial waste product is proposed to be applied at distances less than the setback distance in subsection (d)(2)(D); and
2. (2) prior to the application of the biosolid or industrial waste product at distances less than the setback distance in subsection (d)(2)(D).

(Water Pollution Control Division; 327 IAC 6.1-4-5.5; filed Jul 7, 2003, 4:25 p.m.: 26 IR 3606; 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)