Indiana Administrative Code
Title 327 - WATER POLLUTION CONTROL DIVISION
Article 19 - CONFINED FEEDING OPERATIONS
Rule 7 - Application Requirements
Section 7-1 - Application requirements
Universal Citation: 327 IN Admin Code 7-1
Current through September 18, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-16; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15-8-2; IC 13-18-10-2; IC 13-18-10-2.1; IC 13-30; IC 25-17.6
Sec.
1.
(a) An application under this rule is
required for all CFOs not previously regulated under:
(1) this article;
(2) 327 IAC 16 before its repeal;
or
(3)
327 IAC
5-4-3 or
327 IAC
15-15 before their repeal.
(b) Three (3) copies of the application
package, one (1) of which may be electronic, for an approval of a CFO must be
submitted to the commissioner in a format specified by the
department.
(c) A complete
application package must include all of the following information:
(1) A completed application on forms provided
by the department.
(2) A plot map
as described in section 2 of this rule.
(3) A farmstead plan as described in section
3 of this rule.
(4) A waste
management system drawing as described in section 4 of this rule.
(5) A manure management plan as described in
section 5 of this rule.
(6) Soil
and water table information from test holes for proposed manure storage
facilities that are conducted by a soil scientist registered under the Indiana
board of registration for soil scientists, a professional geologist certified
in Indiana under IC 2517.6, or a professional engineer registered in Indiana.
The number of test holes must be sufficient to adequately characterize the
seasonal water table and soil. Test holes for concrete manure storage
facilities must be at least two (2) feet below the base of the structure. If
the manure storage facility is earthen, test holes must be:
(A) placed at a rate of two (2) holes for the
first acre of storage and one (1) additional hole for each additional half acre
of storage;
(B) evenly distributed
throughout the storage structure;
(C) at least five (5) feet below the base of
the structure for non-karst areas; or
(D) in accordance with
327 IAC 19-12-2(b)(3)
in areas of karst terrain.
(7) A description of any proposed
alternative to a specific requirement in this article to demonstrate equivalent
environmental and human health protection in accordance with
327
IAC 19-5.
(8) A list of potentially affected parties,
which includes those described in IC 13-18-10-2 and IC 13-15-8-2.
(9) A CFO construction permit application fee
of one hundred seventy-five dollars ($175) for each of the following that
applies:
(A) Construction of a CFO.
(B) Expansion of a CFO that increases one (1)
or both of the following:
(i) Animal
capacity.
(ii) Manure containment
capacity.
(10) Other plans or supplemental information
that may be required by the commissioner to ensure compliance with this
article. The commissioner shall provide written documentation of the basis for
requiring any other plans or supplemental information.
(11) A statement affirming that AFOs adjacent
to or contiguous with the CFO are not under common ownership or control of the
applicant.
(12) Copies of any
written waivers related to reduction of setback distances.
(13) Copies of all land use agreements as
described in
327 IAC
19-14-2(b).
(d) Existing CFOs that are expanding must
also provide a certification on a form provided by the department that enough
acreage exists for land application. This certification must include any
information provided to demonstrate that a smaller amount of acreage can be
used under
327 IAC
19-14-2(c). This certification must
be submitted in writing to the department.
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