Indiana Administrative Code
Title 327 - WATER POLLUTION CONTROL DIVISION
Article 6.1 - LAND APPLICATION OF BIOSOLID, INDUSTRIAL WASTE PRODUCT, AND POLLUTANT-BEARING WATER
Rule 5 - Marketing and Distribution Permit
Section 5-3 - Marketing and distribution permit application

Universal Citation: 327 IN Admin Code 5-3

Current through September 18, 2024

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) How the biosolid or industrial waste product will be marketed.

(2) Quality control measures.

(3) Treatment process description.

(4) How the biosolid or industrial waste product will be stored, including the following:
(A) Setback distances from residences and public buildings, surface waters, wells, and other structures.

(B) Location criteria including flood plains, slopes, water table, soil pH, and other location criteria.

(C) Design and construction of storage structures.

(D) Nuisance control measures.

(5) Procedures for addressing noncomplying practices by users, including:
(A) a written notification of the proper use of the biosolid or industrial waste product to the noncomplying user; and

(B) other applicable procedures.

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

(2) obtain an Indiana permit by:
(A) requesting reciprocity from the commissioner; or

(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) a submitted application or request for reciprocity is approved by the commissioner; and

(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.

Disclaimer: These regulations may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.