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. 4. (a) Any person who prepares a biosolid or industrial waste product and that holds a marketing and distribution permit shall comply with the following:

1. (1) All permit conditions.

2. (2) The person who prepares a biosolid or industrial waste product shall develop and distribute an information sheet that includes the following:

   1. (A) The name and address of the person who prepared the biosolid or industrial waste product that is marketed or distributed for application to the land.
   2. (B) A statement that application of the biosolid or industrial waste product is prohibited, except in accordance with the instructions on the information sheet.
   3. (C) Quality criteria based on current analytical data for the biosolid or industrial waste product.
   4. (D) Recommended maximum application rates based upon nutrient content.
   5. (E) For the information sheet for an industrial waste product or a biosolid containing an industrial waste product containing more than two (2) milligrams per kilogram cadmium, a statement that the soil pH must be at least 6.5 when applied to land for food crops.
   6. (F) For the information sheet for a biosolid or an industrial waste product containing more than forty (40) milligrams per kilogram of molybdenum, a statement that the biosolid or the industrial waste product must not be applied to pasture.

3. (3) This information sheet must be:

   1. (A) kept on file for the duration of the permit and for five (5) years following the expiration of the permit;
   2. (B) updated quarterly or as specified in the permit; and
   3. (C) be accessible to department representatives at the facility or other location approved by the commissioner.
4. (4) Each person who prepares a biosolid or industrial waste product is responsible for informing users of a biosolid or industrial waste product of the biosolid or industrial waste product quality and proper amounts for specific needs.

5. (5) Annual reports must be submitted on forms and in a format prescribed by the commissioner by January 31 of each subsequent year. The report must include the following information:

   1. (A) The biosolid or industrial waste product quantity distributed or marketed.
   2. (B) An updated copy of the information sheet to be distributed with the biosolid or industrial waste product.
   3. (C) The analytical data required under subsection (b).

(b) The person who prepares a biosolid or industrial waste product under a marketing and distribution permit shall collect and analyze representative samples for the parameters listed in 327 IAC 6.1-4-16(e) and 327 IAC 6.1-4-16(i) at the applicable frequency listed in Table 6 in 327 IAC 6.1-4-16(f), except for biosolid or industrial waste product in quantities of less than three hundred nineteen (319) dry tons per three hundred sixty-five (365) day period that must be monitored at least twice per year.

(c) The person who prepares a biosolid or industrial waste product under a marketing and distribution permit in this rule shall develop the following information and shall retain the information for five (5) years:

1. (1) Analyses conducted in accordance with subsection (b).
2. (2) A certification statement on forms prescribed by the commissioner.
3. (3) A description of how the Class A pathogen requirements in 327 IAC 6.1-4-13(b) are met.
4. (4) A description of how one (1) of the vector attraction reduction requirements in 327 IAC 6.1-4-15(b)(1) through 327 IAC 6.1-4-15(b)(8) are met.
5. (5) Copies of all written notifications for noncomplying use of the biosolid or industrial waste product that have been sent to users.
6. (6) The name and address of recipients of more than one (1) dry ton per calendar quarter.

(Water Pollution Control Division; 327 IAC 6.1-5-4; filed May 15, 1998, 10:20 a.m.: 21 IR 3803; 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)