Section 327IAC19-14-4. Manure application activities

   (a) Manure that is staged at the manure application site for more than seventy-two (72) hours must be:

(1) covered or adequately bermed to prevent run-on or runoff;

(2) applied to the site within ninety (90) days;

(3) set back from property lines and public roads one hundred (100) feet; and

(4) set back from residential buildings four hundred (400) feet.

  (b) Staging of manure at the manure application site is prohibited:

(1) within three hundred (300) feet of surface water, drainage inlets, including water and sediment control basins, or water wells unless there is a:

(A) barrier; or

(B) surface gradient that contains or directs any contaminated runoff away from the waters of the state, drainage inlets, including water and sediment control basins, or water wells;

(2) on any area with a slope greater than six percent (6%), unless run-on and runoff is controlled;

(3) on any standing water or waterway; or

(4) in any flood plain for more than seventy-two (72) hours.

  (c) Solid manure, litter, or contaminated bedding may not be placed outside of any approved manure storage facility at the CFO overnight for more than twenty-four (24) hours or during inclement weather.

  (d) The application of manure is prohibited in the following conditions:

(1) Saturated ground.

(2) Manure applied from manure application equipment operating on a public road.

  (e) For large CAFOs, as defined in 40 CFR 122.23(b), and CAFOs with a NPDES permit, surface application of manure, litter, or process wastewater to frozen or snow covered ground is prohibited, unless allowed under a NPDES permit obtained by the CAFO. Injection or incorporation of manure into the soil on the same day is not prohibited.

  (f) CFOs not described in subsection (e) may surface apply manure on frozen or snow covered ground in accordance with subsections (g) through (i). Injection or incorporation of manure into the soil on the same day is not prohibited.

  (g) For purposes of this section, an emergency application is only allowed when there is an immediate need to apply manure to comply with the manure storage requirement of 327 IAC 19-12-4 due to unforeseen circumstances affecting the storage of the liquid manure. The unforeseen circumstances must be beyond the control of the owner of the CFO, including, but not limited to, natural disaster, extreme weather conditions, or equipment or structural failure. The need to apply manure to maintain required storage capacity due to improper design or management of the manure storage facility, including, but not limited to, a failure to properly account for the volume of manure to be stored shall not be considered an emergency.

  (h) The following requirements apply to all emergency land application of manure on frozen or snow covered ground:

(1) The person must notify the appropriate department field office by telephone prior to the application.

(2) The following information must be provided or the notification will not be considered complete:

(A) The CFO owner's name.

(B) The facility name.

(C) The facility ID number.

(D) The reason for emergency application.

(E) The date of land application.

(F) The estimated number of gallons of manure to be applied.

(G) The location of the application fields.

The owner must document the emergency as well as actions taken to abate it and keep that information in the CFO's operating record.

(3) The manure must be applied in accordance with all land application requirements of this rule and additionally, may only be applied on a field where the following conditions are met:

(A) No application to land with a slope greater than two percent (2%), unless there is forty percent (40%) crop residue or vegetated crop cover on the land application site.

(B) No application in a flood plain.

(C) Application may not be closer than two hundred (200) feet from any surface water.

(D) The application rate for all farms can be no more than a total of fifty percent (50%) of the agronomic rate, based on Table 1 of section 3 of this rule.

(4) Once the emergency is abated, land application of manure must cease to frozen or snow covered ground.

  (i) For a CFO that is not a large CAFO with one hundred twenty (120) days or less of approved storage capacity, the commissioner may authorize application of manure to frozen or snow-covered ground on a case-by-case basis. The CFO must:

(1) provide proof of available storage capacity to the commissioner; and

(2) comply with subdivision [subsection] (h)(3).

This authorization terminates when a discharge to waters of the state or a water quality violation is documented.

  (j) Manure must not be applied to highly erodible land unless:

(1) the land has forty percent (40%) residue protection or crop cover; or

(2) it is applied in accordance with a conservation plan described in section 3(f)(13) of this rule.

  (k) Any manure application, except those described in subsection (l), that causes a water quality violation:

(1) is a violation of this article; and

(2) may result in enforcement action.

  (l) Subsection (k) does not apply to organic or inorganic matter that consists of fertilizer material that:

(1) is contained in:

(A) runoff from a storm event; or

(B) irrigation return flow; and

(2) enters waters of Indiana as a result of land application of the fertilizer material that is:

(A) for agricultural purposes;

(B) done at appropriate agronomic rates for proper nutrient uptake in the field;

(C) applied in accordance with this rule; and

(D) documented.

(Water Pollution Control Division; 327 IAC 19-14-4; filed Feb 6, 2012, 2:58 p.m.: 20120307-IR-327090615FRA, eff Jul 1, 2012)