Section 327IAC20-6-3. Emergency response plan

   (a) The owner or operator of a SMSS 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 a manure release and stopping the flow of manure.

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

(D) Contacting the following:

(i) The owner or operator.

(ii) Any applicable local emergency or health authorities.

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

(3) Identification of areas where potential manure releases could 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 or operator must implement the emergency response plan anytime a manure release occurs. If manure from the SMSS reaches waters of the state, the owner or operator must do the following:

(1) Provide notification in accordance with the following:

(A) As soon as possible, but within two (2) hours of discovery, communicate a spill report to the Indiana Department of Environmental Management, Office of Land Quality, Emergency Response Section: [phone] or [phone].

(B) 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 a written copy of the spill report to the Indiana Department of Environmental Management, Office of Land Quality, Emergency Response Section, Indiana Government Center North, Eleventh Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204, if requested 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, 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 SMSS property boundary, the affected property owner or owners, operator or operators, or occupant or occupants.

(Water Pollution Control Division; 327 IAC 20-6-3; filed Sep 28, 2015, 11:13 a.m.: 20151028-IR-327130245FRA)