Section 327IAC19-14-2. Required acreage for manure application

   (a) All CFOs must maintain a minimum number of acres for manure application based on manure application rates from section 3 of this rule. This must be:

(1) documented in the operating record at all times; and

(2) included in all applications required under IC 13-18-10-1(2).

  (b) Any acreage identified as part of the minimum required acreage for the application of manure, litter, or process wastewater that is not owned by the owner or operator of the CFO must be documented in the operating record by land use agreements signed by the property owners on whose property the manure, litter, or process wastewater will or may be applied. If the property is held under a lease or managed by someone other than the property owner, such person in responsible control of the property with authority to approve the application of manure on the land may sign the land use agreement. The land use agreement shall specify the location of each parcel of land upon which manure may be applied and the available acreage on each parcel after calculation of setbacks.

  (c) If the applicant can demonstrate to the satisfaction of the commissioner that a smaller amount of acreage can be used and is equally protective of human health and the environment, the commissioner may approve the different amount of acreage based on site-specific criteria submitted with the application package, including:

(1) type of manure generated;

(2) alternate methods of managing manure;

(3) innovative technology;

(4) the marketing and distribution of manure as described in section 7 of this rule; or

(5) other criteria related to protection of human health or the environment.

  (d) Copies of any written waivers related to reduction of the property line setback distances must be kept in the operating record. (Water Pollution Control Division; 327 IAC 19-14-2; filed Feb 6, 2012, 2:58 p.m.: 20120307-IR-327090615FRA, eff Jul 1, 2012)