Section 327IAC20-1-1. General provisions

   (a) Under IC 13-18-10.5, a person may not start the following activities regarding a SMSS, as defined in IC 13-11-2-196.2, without obtaining the prior approval of the department:

(1) Construction.

(2) Expansion that increases manure containment capacity.

  (b) The storage or manure containment capacity shall be determined by the greatest amount of manure the SMSS is able to hold after meeting the minimum standards of this article for:

(1) secondary containment;

(2) freeboard; and

(3) headspace.

  (c) If the owner or operator of a regulated CAFO or CFO deposits any manure from the owner or operator's CAFO or CFO into a storage structure also under the control of the owner or operator, the structure shall not be considered a SMSS. This action shall constitute an expansion of the owner or operator's CAFO or CFO operation.

  (d) Storage, for purposes of this article, shall not include staging as defined in 327 IAC 19-2-43. (Water Pollution Control Division; 327 IAC 20-1-1; filed Sep 28, 2015, 11:13 a.m.: 20151028-IR-327130245FRA)