Sec. 7.
(a) Except as
approved by the commissioner under subdivision (4), the amount of septage to be
applied must not exceed the following:
(1) For
a soil phosphorus concentration of fifty (50) parts per million or less, the
annual application rate for septage based on the nitrogen requirement of the
crop grown on the land application site must not exceed the following:
(A) Fifty-three thousand (53,000) gallons per
acre based on a corn crop grown during the next growing season.
(B) Thirty-eight thousand (38,000) gallons
per acre based on an alfalfa, soybean, wheat, or hay crop grown during the next
growing season.
(C) Nineteen
thousand (19,000) gallons per acre based on land that is grass, pasture, or set
aside for continued growth during the current growing season.
(2) For a soil phosphorus
concentration of between fifty-one (51) and one hundred (100) parts per
million, the annual application rate for septage based on the phosphorus
removal rate of the crop grown on the land application site must not exceed the
following:
(A) Twelve thousand (12,000)
gallons per acre based on a corn crop grown on the site during the next growing
season.
(B) Nine thousand (9,000)
gallons per acre based on a soybean crop grown during the next growing
season.
(C) Ten thousand four
hundred (10,400) gallons per acre based on a wheat crop grown during the next
growing season.
(D) Thirteen
thousand (13,000) gallons per acre based on an alfalfa crop grown during the
current growing season.
(E) Eleven
thousand two hundred (11,200) gallons per acre based on grass, pasture, or a
hay crop grown in the current growing season.
(3) For a soil phosphorus concentration of
between one hundred one (101) and two hundred (200) parts per million, the
annual application rate for septage based on the phosphorus removal rate of the
crop grown on the land application site must not exceed the following:
(A) Eight thousand (8,000) gallons per acre
based on a corn crop grown during the next growing season.
(B) Six thousand (6,000) gallons per acre
based on a soybean crop grown during the next growing season.
(C) Seven thousand (7,000) gallons per acre
based on a wheat crop grown during the next growing season.
(D) Eight thousand seven hundred (8,700)
gallons per acre based on an alfalfa crop grown during the current growing
season.
(E) Seven thousand five
hundred (7,500) gallons per acre based on grass, pasture, or a hay crop grown
during the current growing season.
(F) Land application is prohibited on set
aside land.
(4) The
commissioner may approve alternative annual nutrient application rates proposed
in the permit application based on site-specific harvest records or the crop
removal rates:
(A) when harvest records
indicate the need for a higher application rate than specified in subdivisions
(1) through (3); or
(B) for a crop
where no maximum rate is specified in subdivisions (1) through (3).
(5) Annual nitrogen application
rates are determined using the following formula:
AAR = N
0.0026
Where: AAR means annual application rate
N means crop nitrogen requirement
(6) Application rates limited by the soil
phosphorus concentration are determined using one (1) of the following
formulas:
(A) For subdivision (2), the
following formula:
CRR x Y x 1.5
0.00478
Where: CRR means crop removal rate (amount of phosphorus
removed by the crop) based on the crop removal rates published in the Natural
Resources Conservation Service, Conservation Practice Standard, Nutrient
Management, Code 590*, October 2013.
Y means crop yield
(B) For subdivision (3), the following
formula:
CRR x Y x 1.0
0.00478
Where: CRR means crop removal rate (amount of phosphorus
removed by the crop) based on the crop removal rates published in the Natural
Resources Conservation Service, Conservation Practice Standard, Nutrient
Management, Code 590*, October 2013.
Y means yield
(7) The maximum annual rate for grease must
not exceed ten thousand (10,000) gallons per acre.
(8) When two hundred thousand (200,000)
gallons per acre of septage have been applied to a site, the person land
applying septage shall cease land application until the following actions haven
[sic] been taken:
(A) The
person land applying septage shall collect representative soil samples and have
them analyzed for the following parameters:
(i) Arsenic.
(ii) Cadmium.
(iii) Copper.
(iv) Lead.
(v) Mercury.
(vi) Molybdenum.
(vii) Nickel.
(viii) Selenium.
(ix) Zinc.
(x) PCBs.
(B) The person land applying septage shall
submit the results of the soil test to the department with a request to resume
land application at the site.
(C)
The commissioner shall:
(i) review the test
results to determine whether land application may continue at the site;
and
(ii) notify the person land
applying septage with a decision on whether land application may
resume.
(9)
After two hundred thousand (200,000) gallons per acre of septage have been
applied to a site, for each subsequent septage management permit application
that requests approval for land application of septage at the site, the person
land applying septage shall:
(A) conduct soil
sampling as required in subdivision (8); and
(B) submit the results to the
commissioner.
(10) The
operator must keep an operating record of the amount of septage applied that
is:
(A) updated each application
day;
(B) located at the permitted
septage management business address; and
(C) made available to representatives of the
commissioner during normal business hours for inspection.
(b) All soil tests must:
(A) consist of one (1) composite sample per
every twenty (20) acres, with each composite consisting of twenty (20)
representative subsamples;
(B) be
analyzed for pH; and
(C) be
analyzed by a laboratory certified by The North American Proficiency Testing
(NAPT) Program.
(c) For
each day that septage is land applied the operator must record and retain for
five (5) years the following information:
(1)
Business name.
(2) Business permit
number identified in the permit.
(3) The site identification number identified
in the permit.
(4) A map
identifying the area of the site where septage was applied.
(5) The date septage was applied to each
site.
(6) The volume, in gallons,
of septage that was applied to each site.
(7) Whether the type of septage applied was
domestic septage, grease, or a combination of domestic septage and
grease.
(8) Method of
application.
(9) Number of acres
used.
(10) The projected crop or
site use, if no crop is grown.
(11)
pH and temperature of the septage, including the date and time the pH and
temperature are monitored.
(12)
Vehicle operator.
(13) The
certification statement, "I certify under penalty of law that the pathogen
requirements and the vector attraction reduction requirements in
327 IAC
7.1-8 have been met. This determination has been made
under my direction and supervision in accordance with the system designed to
ensure that qualified personnel properly gather and evaluate the information
used to determine that the pathogen requirements and vector attraction
reduction requirements have been met. I am aware that there are significant
penalties for false certification including the possibility of fine and
imprisonment.".
(d) The
owner or permittee shall submit a quarterly report to the department concerning
land application of septage as follows:
(1)
The report must be submitted on a form provided by the department.
(2) All the information requested on the
form, as listed in subsection (c) of this rule [sic], must be
included.
(3) The report must be
submitted within thirty (30) days of the last day of each calendar
quarter.
(4) The report must be
signed by the owner, permittee, or the authorized agent of the owner or
permittee.
*This document is incorporated by reference. Copies may be
obtained from the Indiana Natural Resources Conservation Service (NRCS) State
Office, 6013 Lakeside Boulevard, Indianapolis, IN 46278, or are available for
review at the Indiana Department of Environmental Management, Office of Legal
Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth
Floor, Indianapolis, Indiana 46204.