Section 327IAC15-16-9. Nutrient management requirements

   (a) CAFOs must conduct manure, litter, and process wastewater testing for nitrogen and phosphorus annually. Soil sampling and testing must be conducted at a minimum of once every three (3) years. Owners or operators may use the most recent data required under 327 IAC 19-7-5 to meet this requirement after the effective date of this rule.

  (b) Owners or operators shall use the protocols listed in the NRCS 590 standard for sampling and testing of soil, manure, litter, and process wastewater.

  (c) When developing the nutrient management plan required by 40 CFR 122.42(e), the owner or operator shall follow:

(1) the Indiana Comprehensive Nutrient Management Plan Statement of Work, April 9, 2004, available from the Natural Resources Conservation Service, Indiana Field Office, 6013 Lakeside Boulevard, Indianapolis, Indiana 46278-2933 or the department, or available online at http://www.in.nrcs.usda.gov/;

(2) the Purdue University Manure Management Planner available for use online at http://www.agry.purdue.edu/mmp/; or

(3) an equivalent program that meets all requirements of 40 CFR 122.42(e).

  (d) Manure application rates must be in accordance with 327 IAC 19-14-3.

  (e) Except as otherwise provided under this section, application of manure, litter, and process wastewater must be in accordance with the setbacks 327 IAC 19-14-6.

  (f) Manure, litter, or process wastewater must be applied to the land in accordance with 327 IAC 19-14-4.

  (g) Land application sites must be inspected to identify any field tile outlets under or immediately bordering the land application site in accordance with 327 IAC 19-14-6.

  (h) Spray irrigation must be done in accordance with the requirements in 327 IAC 19-14-5.

  (i) Marketing of manure must be done in accordance with the requirements of 327 IAC 19-14-7.

  (j) In accordance with 40 CFR 122.42(e), the department shall public notice substantial changes to the nutrient management plan for seven (7) days after receipt of the changes. The owner/operator may not implement the changes until after closure of the comment period and notification of approval by the department.

  (k) Submittal of a nutrient management plan under this section by a CAFO that meets the requirements of this section satisfies the requirements of IC 13-18-10-2.3 [IC 13-18-10-2.3 was repealed by P.L.199-2014, SECTION 5, effective July 1, 2014.] regarding submission of a manure management plan. (Water Pollution Control Division; 327 IAC 15-16-9; filed Feb 6, 2012, 2:50 p.m.: 20120307-IR-327090213FRA, eff Jul 1, 2012)