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) Approval for a biosolid or industrial waste product marketing and distribution permit must be requested in an application on forms and in a format prescribed by the commissioner and submitted to the commissioner in accordance with 327 IAC 6.1-3. The application must include a proposed management plan submitted and approved by the commissioner, including the following:

1. (1) How the biosolid or industrial waste product will be marketed.
2. (2) Quality control measures.
3. (3) Treatment process description.

4. (4) How the biosolid or industrial waste product will be stored, including the following:

   1. (A) Setback distances from residences and public buildings, surface waters, wells, and other structures.
   2. (B) Location criteria including flood plains, slopes, water table, soil pH, and other location criteria.
   3. (C) Design and construction of storage structures.
   4. (D) Nuisance control measures.

5. (5) Procedures for addressing noncomplying practices by users, including:

   1. (A) a written notification of the proper use of the biosolid or industrial waste product to the noncomplying user; and
   2. (B) other applicable procedures.
6. (6) Other applicable information.

(b) To market or distribute biosolid or industrial waste product that is not generated in Indiana and that is to be applied to land in Indiana under a marketing and distribution permit, persons who prepare the biosolid or industrial waste product that was not generated in Indiana or marketers of the biosolid or industrial waste product that was not generated in Indiana must:

1. (1) be in compliance with IC 13-18-14-1; and

2. (2) obtain an Indiana permit by:

   1. (A) requesting reciprocity from the commissioner; or
   2. (B) submitting an application in accordance with subsection (a).

(c) Persons who prepare a biosolid or industrial waste product that was not generated in Indiana and that are requesting reciprocity shall hold a valid permit from another state that is at least as stringent as this article.

(d) The commissioner shall issue a permit that is valid for no longer than the expiration date of the out-of-state permit or up to five (5) years, whichever is shorter, to the person who prepares a biosolid or industrial waste product that was not generated in Indiana and that is for marketing and distribution program if:

1. (1) a submitted application or request for reciprocity is approved by the commissioner; and
2. (2) the commissioner determines that the operation of the program under the proposed project description does not pose a risk to the environment or public health.

(Water Pollution Control Division; 327 IAC 6.1-5-3; filed May 15, 1998, 10:20 a.m.: 21 IR 3802; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; filed Jul 7, 2003, 4:25 p.m.: 26 IR 3619; 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)