Sec. 1.
(a) Septage
may only be applied to the land as follows:
(1) The only forms of septage that may be
applied to the land are:
(A) domestic
septage;
(B) grease; or
(C) a combination of domestic septage and
grease.
(2) Land
application of the material identified in subdivision (1)(A) through (1)(C)
must be conducted in accordance with:
(A) this
rule; and
(B) a valid septage
management permit that includes approval of the land application sites to be
used.
(b) In
addition to the application requirements in
327 IAC
7.1-4-1(c)(1), an application or
renewal application for a septage management permit that includes land
application of septage must be submitted to the commissioner, on a form
provided by the commissioner and be accompanied by the following:
(1) A statement, signed by the property owner
that:
(A) grants permission to dispose of
septage on the property;
(B)
acknowledges the crop and use limitations of sections 9 and 10 of this rule for
land used for land application of septage; and
(C) states activities specified in the permit
application are not prohibited by any covenant of record.
(2) Property owner contact information,
including the following:
(A) Name.
(B) Mailing address.
(C) Telephone number.
(D) Electronic mail address, if
available.
(3) An
accurate drawing or aerial photograph that meets the following criteria:
(A) It must clearly delineate the proposed
septage application site and the area within one-quarter (1/4) mile of the site
in all directions.
(B) It must use
a scale of one (1) inch per one hundred (100) feet and show north.
(C) It must clearly and accurately indicate
the location of all features of interest, including the following:
(i) Potable water supplies.
(ii) Lakes, ponds, streams, intermittent
waterways, surface water impoundments, wetlands, or other bodies of
water.
(iii) Drainage inlets and
tile systems.
(iv) Rock outcrops,
sinkholes, or undrained depressions.
(v) The location and use of all structures,
including residences or places of business and any public gathering
places.
(vi) The location of all
property lines, easements, and public roads.
(vii) The critical habitat of endangered or
threatened species.
(viii) Historic
sites.
(ix) Public water supply
surface intake structures.
(x)
Public water supply wells.
(4) A soil survey map classifying the soils
within the proposed site.
(5) A
soil test that includes the phosphorus concentration in the soil of the
proposed land application site analyzed within the past six (6) months and
conducted in accordance with the requirements in subsection 7(b)
[section 7(b)] of this rule.
(6) For approval by the commissioner of
alternative nutrient application rates under section 7(a)(4) of this rule, the
following records must be submitted for the proposed land application site:
(A) Harvest records for the previous three
(3) years.
(B) A soil test
reporting fertilizer recommendations.
(C) The nitrogen requirement for the specific
crop to be grown on the site in accordance with section 7(a)(5) of this
rule.
(D) The phosphorus removal
rate for the specific crop to be grown on the site in accordance with section
7(a)(6) of this rule.
(7)
Additional information from the owner or operator as follows:
(A) Identification of the septage to be land
applied at the site as domestic septage, grease, or a combination of domestic
septage and grease.
(B) Facts
demonstrating that the site is not located in a sensitive area as defined at
327 IAC
7.1-2-34.
(C) Facts demonstrating that the site:
(i) has restricted access;
(ii) is inaccessible to the public;
or
(iii) is not used by the public
during normal work or recreational activities.
(D) The number of acres of area available for
the application site after setbacks have been taken into
consideration.
(E) A description of
all land application methods to be used at the site.
(F) The estimated annual amount of septage to
be applied at the site.
(G) The
total amount of septage that has been applied to the site in all previous
years.
(H) A plan indicating what
crops are to be grown on the site during the effective period of the permit or
if the site will be pasture land or set aside.
(8) A fee of thirty dollars ($30) per site
per year.
(9) Land application site
identification.
(10) Location
including:
(A) Section.
(B) Township.
(C) Range numbers.
(D) Civil township.
(E) County Name.
(11) Notarized affidavit concerning
notification requirements under IC 13-15-8 to affected persons.
(12) List of potentially affected persons for
each land application site.
(c) In addition to the soil survey map
required in subsection (b)(4), for soil types that generally have a high water
table or fast permeability, the applicant may submit a report by a soil
scientist registered under IC 25-31.5 or certified by the American Registry of
Certified Professionals in Agronomy, Crops, and Soils (ARCPACS), rather than
using the NRCS published data provided by the department, with the following
information:
(1) The depth to the water table
from the land surface.
(2) The
depth to bedrock.
(3) Evidence that
the land application site is not located in a flood plain.
(d) An application for renewal of an existing
land application permit must be:
(1)
postmarked;
(2) hand delivered to
the office of land quality, Indiana department of environmental
management;
(3) submitted
electronically as specified by the department; or
(4) deposited with a private carrier as shown
by the receipt issued by the carrier, if the application is sent by the private
carrier to the address for the department on the application; prior to the
expiration date of the permit or the permit will be invalid upon expiration.