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. 9. (a) Table 1 in this subsection lists ceiling concentrations of metal pollutants for a biosolid or industrial waste product that is land applied. A biosolid or industrial waste product must not be applied to land if the concentration of pollutants in the biosolid or industrial waste product exceeds any of the ceiling concentration limits established in the following:

(b) Table 2 in this subsection lists the cumulative pollutant loading rates for sites on which a biosolid or industrial waste product is applied:

(c) Table 3 in this subsection lists the pollutant concentrations for biosolid or industrial waste product to be applied to the land in accordance with a nonsite-specific permit under section 5 of this rule, a hybrid permit under section 5.5 of this rule, or a marketing and distribution program permit under 327 IAC 6.1-5:

(d) Table 4 in this subsection lists the maximum annual pollutant loading rates for sites where biosolid or industrial waste product is land applied:

(e) Table 4.5 in this subsection lists the maximum detection limits to be achieved for all analysis of industrial waste products and biosolid that have total solids of one percent (1%) or greater:

(f) A permitted biosolid or industrial waste product that exceeds any pollutant ceiling concentrations in Table 1 in subsection (a) must not be applied to the land unless the commissioner approves the results of the following analyses prior to initial application:

1. (1) The person who prepares a biosolid or industrial waste product shall take at least four (4) representative samples of the biosolid or industrial waste product to be applied to analyze for any metal concentration in Table 1 in subsection (a) that has been exceeded.

2. (2) For a biosolid or industrial waste product that is receiving additional biosolid or industrial waste product, the four (4) samples must be taken:

   1. (A) within a thirty (30) day period; and
   2. (B) at least two (2) days apart.
3. (3) For a fixed volume of a biosolid or industrial waste product that is not receiving additional biosolid or industrial waste product, the four (4) samples must be taken within a thirty (30) day period.
4. (4) The analysis for each pollutant in all four (4) samples must be less than the comparable pollutant ceiling concentration in Table 1 in subsection (a).

(g) Under a nonsite-specific or hybrid permit, the person who prepares a biosolid or industrial waste product that exceeds any concentration of a metal listed in Table 3 in subsection (c) shall do either of the following:

1. (1) Within ninety (90) days of first receiving knowledge of the exceeded limit, the person who prepares a biosolid or industrial waste product shall apply for a site-specific permit for land application of the biosolid or industrial waste product. The biosolid or industrial waste product must be applied under a site-specific permit.

2. (2) Provide the following analysis within forty-five (45) days of first receiving knowledge of the exceeded limit for approval by the commissioner:

   1. (A) The person who prepares a biosolid or industrial waste product shall take at least four (4) representative samples of the biosolid or industrial waste product to be applied to analyze for any metal concentration in Table 3 in subsection (c) that has been exceeded.

   2. (B) For biosolid or industrial waste product that is not a fixed volume, the four (4) samples must be taken:

      1. (i) within a thirty (30) day period; and
      2. (ii) at least two (2) days apart.
   3. (C) For a fixed volume of biosolid or industrial waste product, the four (4) samples must be taken within a thirty (30) day period.
   4. (D) The average of the four (4) samples for each pollutant must be less than the comparable pollutant concentrations in Table 3 in subsection (c).
   5. (E) If the average of the four (4) samples for each pollutant exceeds the comparable pollutant concentrations in Table 3 in subsection (c), the person who prepares a biosolid or industrial waste product shall apply for a site-specific permit within sixty (60) days of receiving the results of the analysis in this subdivision.

(h) A person who prepares a biosolid or industrial waste product and that intends to reapply for a nonsite-specific or hybrid permit shall complete the following for approval by the commissioner:

1. (1) The person who prepares a biosolid or industrial waste product shall take at least eight (8) representative samples of the biosolid or industrial waste product to be applied to analyze for any metal concentration in Table 3 in subsection (c) that has been exceeded.

2. (2) The samples must be taken:

   1. (A) within a twelve (12) month period; and
   2. (B) at least thirty (30) days apart.
3. (3) All pollutant concentrations in all eight (8) samples must have pollutant concentrations less than the comparable pollutant concentrations in Table 3 in subsection (c).

(Water Pollution Control Division; 327 IAC 6.1-4-9; filed May 15, 1998, 10:20 a.m.: 21 IR 3792; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; filed Jul 7, 2003, 4:25 p.m.: 26 IR 3610; 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)