Authority: IC 15-16-2-1.5

Affected: IC 15-16-2

Sec. 11. (a) The owner or operator of a processed manure storage structure that plans to decommission a processed manure storage structure shall do the following:

1. (1) Continue to maintain the processed manure storage structure in accordance with the requirements of this article until the manure is removed.
2. (2) Follow the requirements in the Indiana NRCS Conservation Practice Standard Code 360, Closure of Waste Impoundments, November 2012*, if applicable.
3. (3) Have all associated appurtenances and conveyance structures removed from uncovered processed manure storage facilities.

4. (4) Notify the department:

   1. (A) before demolishing or converting the use of any processed manure storage structure; and
   2. (B) of the intended future use of the processed manure storage structure, if the processed manure storage structure is to be converted to another use.

(b) The owner or operator shall submit a certification to the commissioner within thirty (30) days after completing the requirements in this section that certifies compliance with the requirements in this section.

(c) If deemed necessary to protect human health or the environment, the state chemist may require additional decommissioning activities based on:

1. (1) surface or ground water contamination;

2. (2) evidence of:

   1. (A) leakage;
   2. (B) seepage;
   3. (C) manure releases; or
   4. (D) spills; or
3. (3) other criteria related to protection of human health or the environment.

(d) The commissioner shall provide written documentation describing the basis for any required additional activities.

*This document is incorporated by reference. Copies may be obtained from the Indiana NRCS State Office, 6013 Lakeside Boulevard, Indianapolis, IN 46278 or are available for review and copying at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.

(State Chemist of the State of Indiana; 355 IAC 10-7-11; filed Mar 17, 2022, 12:13 p.m.: 20220413-IR-355210455FRA)