Section 327IAC6.1-3-7. Responsibility of person who prepares

   (a) A person who prepares a biosolid, industrial waste product, or pollutant-bearing water is legally responsible under this article for:

(1) the handling, transporting, storage, marketing and distribution, and land application of the biosolid, industrial waste product, or pollutant-bearing water; and

(2) compliance with the land application permit issued under this article and all applicable provisions of this article.

  (b) In the event a person who prepares a biosolid, industrial waste product, or pollutant-bearing water provides a biosolid, industrial waste product, or pollutant-bearing water to another person for final land application or for marketing and distribution, and that receiving person alters the characteristics of the biosolid, industrial waste product, or pollutant-bearing water:

(1) the person who receives and alters the biosolid, industrial waste product, or pollutant-bearing water is considered the person who prepares the biosolid, industrial waste product, or pollutant-bearing water; and

(2) assumes responsibility for compliance with this article and IC 13-30-2.

  (c) In the event a person who prepares a biosolid, industrial waste product, or pollutant-bearing water:

(1) provides a biosolid, industrial waste product, or pollutant-bearing water to another person for final land application or for marketing and distribution; and

(2) that receiving person alters the characteristics of the biosolid, industrial waste product, or pollutant-bearing water;

the person who first prepares the biosolid, industrial waste product, or pollutant-bearing water shall submit the information as required by 327 IAC 6.1-4-18(a) to the commissioner stating the name of the facility that received the biosolid, industrial waste product, or pollutant-bearing water.

  (d) If the person who prepares a biosolid, industrial waste product, or pollutant-bearing water provides a biosolid, industrial waste product, or pollutant-bearing water to another person for final land application or for marketing and distribution and that receiving person does not alter the characteristics of the biosolid, industrial waste product, or pollutant-bearing water, then the person who applies or markets and distributes the biosolid, industrial waste product, or pollutant-bearing water is also responsible for complying with this article and IC 13-30-2.

  (e) When a person who prepares a biosolid or industrial waste product provides the biosolid or industrial waste product to:

(1) another person who prepares the biosolid or industrial waste product; or

(2) to a person who applies the biosolid or industrial waste product to the land or for marketing and distribution;

the person who provides the biosolid or industrial waste product shall provide the person who receives the biosolid or industrial waste product information to comply with this article and IC 13-30-2. (Water Pollution Control Division; 327 IAC 6.1-3-7; filed May 15, 1998, 10:20 a.m.: 21 IR 3787; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; filed Jul 7, 2003, 4:25 p.m.: 26 IR 3603; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA)