Section 327IAC19-13-4. Emergency response plan

   (a) The owner/operator of a CFO shall develop an emergency response plan to be kept in the operating record. The plan shall contain the following:

(1) Procedures for the following:

(A) Containing a manure release to prevent it from reaching waters of the state.

(B) Locating the source of the manure release and stopping the flow of manure or waste liquids.

(C) Returning released manure or waste liquids to an approved waste management system.

(D) Land applying released manure in accordance with 327 IAC 19-14.

(E) Contacting the following:

(i) The owner/operator.

(ii) Any applicable local emergency or health authorities.

(2) The names and telephone numbers of persons who are identified by the owner/operator as responsible for implementing the emergency response plan.

(3) Areas where potential manure releases can occur and their accompanying drainage points.

(4) Identification of equipment and cleanup materials to be used in the event of a manure release.

  (b) The owner/operator must implement the emergency response plan anytime a manure release occurs. If a manure release reaches waters of the state, the owner/operator must also comply with subsection (c).

  (c) If a spill reaches waters of the state, the following procedures must be followed:

(1) As soon as possible, but within two (2) hours of discovery, communicate a spill report to the department of environmental management, office of land quality, emergency response section: [phone] for in-state calls (toll free) or [phone] for out-of-state calls. If new or updated spill report information becomes known that indicates a significant increase in the likelihood of damage to the waters of the state, the responsible party shall notify the department as soon as possible but within two (2) hours of the time the new or updated information becomes known.

(2) Submit to the Indiana Department of Environmental Management, Office of Land Quality, Emergency Response Section (MC 66-30), 2525 N. Shadeland Ave., Suite 100, Indianapolis, IN 46219-1787, a written copy of the spill report if requested in writing by the department.

(3) Except from modes of transportation other than pipelines, exercise due diligence and document attempts to notify the following:

(A) For manure releases or spills to surface water that cause damage, the nearest affected downstream water user located within ten (10) miles of the spill and in the state of Indiana.

(B) For manure releases or spills to soil outside the facility boundary, the affected property owner or owners, operator or operators, or occupant or occupants.

(Water Pollution Control Division; 327 IAC 19-13-4; filed Feb 6, 2012, 2:58 p.m.: 20120307-IR-327090615FRA, eff Jul 1, 2012)