Section 327IAC19-6-1. Existing confined feeding operations

   (a) All CFOs must be maintained and operated in compliance with all applicable:

(1) state laws; and

(2) approval conditions.

  (b) The owner/operator of a CFO with an existing approval before the effective date of this article shall comply with the following requirements by the effective date of this article:

(1) Operational requirements in 327 IAC 19-13, except the owner/operator shall comply with 327 IAC 19-13-4 within ninety (90) days of the effective date of this article.

(2) Manure application requirements in 327 IAC 19-14.

(3) Manure management plan requirements in IC 13-18-10-2.3 [IC 13-18-10-2.3 was repealed by P.L.199-2014, SECTION 5, effective July 1, 2014.], and as described in 327 IAC 19-7-5.

(4) Closure requirements in 327 IAC 19-16.

  (c) An approval amendment is required for an increase in the amount of manure generated that reduces the storage capacity to less than the required storage capacity at the time of the most recent approval.

  (d) Any increase in animal capacity or manure containment capacity requires a new application under IC 13-18-10-1 and the requirements therein.

  (e) A facility that becomes a regulated CFO after the effective date of this article that contains existing waste management systems not previously regulated under this title may be required to modify them to meet the requirements of this article if necessary to protect human health and the environment. The commissioner shall provide written documentation describing the basis for any modifications. (Water Pollution Control Division; 327 IAC 19-6-1; filed Feb 6, 2012, 2:58 p.m.: 20120307-IR-327090615FRA, eff Jul 1, 2012)