Section 327IAC6.1-1-3. Applicability

   (a) This article applies to the following:

(1) Any person who prepares biosolid, industrial waste product, or pollutant-bearing water for land application or marketing and distribution in Indiana.

(2) Any person who applies biosolid, industrial waste product, or pollutant-bearing water to the land in Indiana.

(3) Biosolid, industrial waste product, or pollutant-bearing water applied to the land in Indiana.

(4) Biosolid or industrial waste product that is marketed or distributed for use as soil or soil amendment.

(5) Land in Indiana where biosolid, industrial waste product, or pollutant-bearing water is land applied.

(6) Storage structures for any biosolid, industrial waste product, or pollutant-bearing water regulated under this article.

  (b) A land application permit is required for the disposal in Indiana of any biosolid, industrial waste product, or pollutant-bearing water by application upon or incorporation into the soil except for the exclusions listed under subsection (c).

  (c) This article does not apply to the following:

(1) Materials that are:

(A) Animal manures.

(B) Not a solid waste as defined under 329 IAC 10-2-174.

(C) Disposed of under 327 IAC 7.1, 329 IAC 10-3-1(1), or 329 IAC 10-3-1(3) through 329 IAC 10-3-1(15).

(D) Determined to be hazardous waste in accordance with 329 IAC 3.1.

(E) Grit, including sand, gravel, cinders, or other materials with a high specific gravity.

(F) Screenings, including relatively large materials such as rags, generated during preliminary treatment of domestic sewage in a treatment works.

(2) Persons who apply biosolid or industrial waste product that is prepared or generated by another person in accordance with the terms of a marketing and distribution program permitted under 327 IAC 6.1-5.

(3) Land that receives only biosolid or industrial waste product prepared or generated in accordance with the terms of a marketing and distribution program permitted under 327 IAC 6.1-5.

(4) The selection of biosolid, industrial waste product, or pollutant-bearing water use or disposal practice. The determination of the manner in which biosolid, industrial waste product, or pollutant-bearing water is used or disposed is a local determination.

(5) Industrial storm water that:

(A) does not exceed the pollutant limits in Table 10 in 327 IAC 6.1-7-1(d); or

(B) is regulated by:

(i) a storm water pollution prevention plan under 327 IAC 15-6; or

(ii) an NPDES permit under 327 IAC 5-4-6.

(6) Lawn irrigation at wastewater treatment facilities that:

(A) have a valid NPDES permit under 327 IAC 5;

(B) are not in violation of any discharge limits;

(C) have restricted public access to the area to be irrigated; and

(D) disinfect the domestic wastewater prior to application to the facility grounds.

(Water Pollution Control Division; 327 IAC 6.1-1-3; filed May 15, 1998, 10:20 a.m.: 21 IR 3776; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; filed Jul 7, 2003, 4:25 p.m.: 26 IR 3596; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA)