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; IC 14-21-1; IC 14-22-34

Sec. 7. (a) Food crops shall not be harvested for fourteen (14) months after application of a biosolid if the harvested part:

1. (1) touches the ground where biosolid has been applied; and
2. (2) has no harvested parts below the soil surface.

(b) Food crops shall not be harvested for twenty (20) months after application of a biosolid if:

1. (1) the biosolid remains on the land surface for four (4) months or longer prior to incorporation into the soil; and
2. (2) harvested parts are below the soil surface.

(c) Food crops shall not be harvested for thirty-eight (38) months after application of biosolid if:

1. (1) the biosolid remains on the land surface for less than four (4) months prior to incorporation into the soil; and
2. (2) harvested parts are below the soil surface.

(d) Unless subsection (a), (b), or (c) applies, food crops, feed crops, and fiber crops shall not be harvested for thirty (30) days after application of biosolid.

(e) Grazing of animals on land that has received biosolid is prohibited for thirty (30) days after application of the biosolid.

(f) Except for a Class A biosolid under section 13(b) of this rule, turf grown on land where biosolid is applied shall not be harvested for one (1) year after application of the biosolid if the harvested turf is placed on land with a high potential for public exposure.

(g) Except for a Class A biosolid under section 13(b) of this rule, public access to land with a high potential for public exposure shall be restricted for one (1) year after application of biosolid to that land.

(h) Except for a Class A biosolid under section 13(b) of this rule, public access to land with a low potential for public exposure shall be restricted for thirty (30) days after application of biosolid.

(i) A biosolid or industrial waste product shall not be applied to the land:

1. (1) if the biosolid or industrial waste product is likely to adversely affect a threatened or endangered species or its designated critical habitat; or
2. (2) in violation of IC 14-22-34.

(j) A biosolid or industrial waste product shall not be applied to the land in violation of historic preservation requirements under IC 14-21-1.

(k) Application of biosolid or industrial waste product is prohibited if the moisture holding capacity of the soil is exceeded.

(l) A biosolid or industrial waste product may only be applied to land that is frozen or snow-covered if:

1. (1) the biosolid or industrial waste product does not enter surface waters or ground water; and

2. (2) a management plan has been submitted and approved by the commissioner including the following:

   1. (A) Setback distances from residences and public buildings, surface waters, wells, and other structures.
   2. (B) Application rates.

   3. (C) Site characteristics, including the following:

      1. (i) Flood plains.
      2. (ii) Water table.
      3. (iii) Slope.
   4. (D) Supervision and operational oversight.
   5. (E) Other relevant information to show that the land application will not violate this article.

(m) A biosolid or industrial waste product may only be applied in a flood plain if the biosolid or industrial waste product:

1. (1) is injected or incorporated into the soil by the end of the day of placement in the flood plain; and
2. (2) does not enter surface waters or ground water.

(n) A biosolid or industrial waste product with a concentration of molybdenum greater than forty (40) milligrams per kilogram is prohibited from being applied to pasture.

(Water Pollution Control Division; 327 IAC 6.1-4-7; filed May 15, 1998, 10:20 a.m.: 21 IR 3790; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; filed Jul 7, 2003, 4:25 p.m.: 26 IR 3608; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA; errata filed Jul 31, 2017, 11:06 a.m.: 20170809-IR-327170349ACA; readopted filed Jun 14, 2019, 1:59 p.m.: 20190710-IR-327190246BFA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)