Section 327IAC6.1-7.5-1. Requirements for small quantity generator notification


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  •    Land application of pollutant-bearing water that is excluded under 327 IAC 6.1-7-1(e) must comply with the following requirements:

    (1) The person who prepares shall submit a written notification to the commissioner of the activity as follows:

    (A) At least thirty (30) days before initial application of the pollutant-bearing water.

    (B) Annually by January 31 of each subsequent year in which the pollutant-bearing water will be applied.

    (C) The written notification on forms provided by the commissioner must contain the following information:

    (i) The name and address of the person who prepares.

    (ii) The name and address of the person who applies.

    (iii) An analysis of the pollutant-bearing water that was completed within the past three hundred sixty-five (365) days, including the following:

    (AA)Total nitrogen.

    (BB) Ammonia nitrogen.

    (CC) Nitrate nitrogen.

    (DD) Phosphorus.

    (EE) Potassium.

    (FF) BOD.

    (GG) Volatile solids.

    (HH) pH.

    (II) The pollutants listed in Table 10 of 327 IAC 6.1-7-1(d).

    (iv) Location and specification of land application sites.

    (D) Unless notified by the commissioner within thirty (30) days after submitting a written notification, the person who prepares the pollutant-bearing water and that submitted the written notification may begin applying the pollutant-bearing water in compliance with this rule.

    (2) The person who prepares a pollutant-bearing water operating under this exclusion shall do the following:

    (A) Retain all records regarding the pollutant-bearing water for a minimum of five (5) years.

    (B) Provide for the records to be accessible to department representatives at the facility or, upon request, another location approved by the commissioner, provided the records are accessible to department representatives.

    (C) Record the applicable monitoring results and information for the pollutant-bearing water.

    (D) For each day of land application of the pollutant-bearing water, the person who applies the pollutant-bearing water shall develop the following information and provide it to the person who prepares the pollutant-bearing water:

    (i) The location, indicated on a site map, of each site that the pollutant-bearing water is applied.

    (ii) The number of acres to which pollutant-bearing water is applied.

    (iii) The date the pollutant-bearing water is applied to each site.

    (iv) The amount of pollutant-bearing water in gallons applied to each site.

    (3) The person who prepares a pollutant-bearing water operating under this notification shall report activities and analyses related to land application of pollutant-bearing water to the commissioner within thirty (30) days of the last day of each month on forms provided by the commissioner.

    (4) Pollutant-bearing water to be applied to land must be applied at least:

    (A) two hundred (200) feet from potable water supply wells or drinking water springs;

    (B) three hundred (300) feet from any surface waters or the surface conduit to a subsurface feature; and

    (C) six hundred sixty (660) feet from any residence.

    (5) The soil pH must be 5.5 or greater at the time the pollutant-bearing water is applied unless the commissioner determines that the soil pH should be higher to protect the environment or public health. The soil pH value shall be:

    (A) obtained by sampling the soil to the depth of cultivation or depth of placement of the pollutant-bearing water, whichever is greater;

    (B) analyzed by the electrometric method*;

    (C) collected as one (1) representative composite sample per every twenty-five (25) acres or fraction thereof within the application site; and

    (D) valid only if the analyses were performed within the last two (2) years of the date of application on the site.

    (6) Pollutant-bearing water must not be applied to land unless there is a minimum depth of twenty (20) inches of soil overlying bedrock.

    (7) Application of pollutant-bearing water on slopes greater than six percent (6%) is prohibited.

    (8) For pollutant-bearing water, the following:

    (A) A minimum of ninety (90) days effective storage capacity is required for a pollutant-bearing water unless an equivalent method of meeting the requirement is approved by the commissioner.

    (B) Except for lagoons under 327 IAC 6.1-8, any storage structures, which are subject to volume fluctuations due to precipitation events, must have a minimum of one (1) foot of freeboard at all times.

    (C) Storage structures for the storage of pollutant-bearing water must be constructed, installed, maintained, and closed in accordance with 327 IAC 6.1-8.

      *The electrometric method may be found in "Methods of Soil Analysis, Agronomy Monograph No. 9", C.A. Black, ed., American Society of Agronomy, Madison, Wisconsin, pp. 199-209, 1982, available from the American Society of Agronomy, Soil Science of America, Inc., 677 South Segoe Road, Madison, Wisconsin 53711. This method is also available for copying at the Indiana Department of Environmental Management, Office of Land Quality, 100 North Senate Avenue, Room N1154, Indianapolis, Indiana 46204. (Water Pollution Control Division; 327 IAC 6.1-7.5-1; filed Jul 7, 2003, 4:25 p.m.: 26 IR 3628; errata filed Feb 6, 2006, 11:15 a.m.: 29 IR 1937; readopted filed Sep 17, 2009, 3:49 p.m.: 20091014-IR-327090595BFA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA)