2016 Indiana Code
TITLE 13. ENVIRONMENT
ARTICLE 18. WATER POLLUTION CONTROL
CHAPTER 10. CONFINED FEEDING CONTROL
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<![CDATA[IC 13-18-10
Chapter 10. Confined Feeding Control
IC 13-18-10-1
Department approval necessary for confined feeding operations
Sec. 1. (a) A person may not start:
(1) construction of a confined feeding operation; or
(2) expansion of a confined feeding operation that increases:
(A) animal capacity; or
(B) manure containment capacity; or
(C) both;
without obtaining the prior approval of the department.
(b) A person may not operate a confined feeding operation
without obtaining the prior approval of the department.
As added by P.L.1-1996, SEC.8. Amended by P.L.24-2004, SEC.3;
P.L.81-2009, SEC.2; P.L.127-2009, SEC.5; P.L.1-2010, SEC.62;
P.L.199-2014, SEC.1.
IC 13-18-10-1.4
Disclosure statement for confined feeding operation application
Sec. 1.4. (a) Subject to subsection (b), an application for approval
under section 1 of this chapter must include for each responsible
party the disclosure statement referred to in subsection (c) if either
or both of the following apply:
(1) State or federal officials at any time alleged that the
responsible party committed acts or omissions that constituted
a material violation of state or federal environmental law.
(2) Foreign officials at any time alleged that the responsible
party committed acts or omissions that:
(A) constituted a material violation of foreign environmental
law; and
(B) would have constituted a material violation of state or
federal environmental law if the act or omission had
occurred in the United States.
(b) Subsection (a):
(1) applies only if the acts or omissions alleged under
subsection (a)(1) or (a)(2) presented a substantial endangerment
to human health or the environment; and
(2) does not apply to a renewal of an approval under section 1
of this chapter that does not involve construction or expansion
as described in section 1 of this chapter.
(c) A responsible party referred to in subsection (a) must make
reasonable efforts to provide complete and accurate information to
the department in a disclosure statement that includes the following:
(1) The name and business address of the responsible party.
(2) A description of the responsible party's experience in
managing the environmental aspects of the type of facility that
will be managed under the permit.
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(3) A description of all pending administrative, civil, or
criminal enforcement actions filed in the United States against
the responsible party alleging any acts or omissions that:
(A) constitute a material violation of state or federal
environmental law; and
(B) present a substantial endangerment to human health or
the environment.
(4) A description of all pending administrative, civil, or
criminal enforcement actions filed in a foreign country against
the responsible party alleging any acts or omissions that:
(A) constitute a material violation of foreign environmental
law;
(B) would have constituted a material violation of state or
federal environmental law if the act or omission on which
the action is based had occurred in the United States; and
(C) present a substantial endangerment to human health or
the environment.
(5) A description of all finally adjudicated or settled
administrative, civil, or criminal enforcement actions in the
United States resolved against the responsible party within the
five (5) years that immediately precede the date of the
application involving acts or omissions that:
(A) constitute a material violation of federal or state
environmental law; and
(B) present a substantial endangerment to human health or
the environment.
(6) A description of all finally adjudicated or settled
administrative, civil, or criminal enforcement actions in a
foreign country resolved against the responsible party within
the five (5) years that immediately precede the date of the
application involving acts or omissions that:
(A) constitute a material violation of foreign environmental
law;
(B) would have constituted a material violation of state or
federal environmental law if the act or omission on which
the action is based had occurred in the United States; and
(C) present a substantial endangerment to human health or
the environment.
(7) Identification of all state, federal, or foreign environmental
permits:
(A) applied for by the responsible party that were denied; or
(B) previously held by the responsible party that were
revoked.
(d) A disclosure statement submitted under subsection (c):
(1) must be executed under oath or affirmation; and
(2) is subject to the penalty for perjury under IC 35-44.1-2-1.
(e) The department may investigate and verify the information set
forth in a disclosure statement submitted under this section.
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As added by P.L.127-2009, SEC.6. Amended by P.L.126-2012,
SEC.32.
IC 13-18-10-1.9
Application of the law to certain confined feeding operations
Sec. 1.9. (a) This section applies:
(1) to a confined feeding operation for which a person is
required to submit an application for approval under section 1
of this chapter if an application for approval under section 1 of
this chapter submitted with respect to the confined feeding
operation was not approved by the department before May 12,
2009; and
(2) notwithstanding the effective date of the addition or
amendment by P.L.127-2009 of the provisions listed in
subsection (b)(1) through (b)(8).
(b) The following, as added or amended by P.L.127-2009,
effective July 1, 2009, apply to a confined feeding operation
described in subsection (a)(1) in the same manner as if they had been
in effect on the date on which the application was submitted with
respect to the confined feeding operation under section 1 of this
chapter:
(1) IC 13-11-2-8.
(2) IC 13-11-2-40.
(3) IC 13-11-2-191.
(4) Section 1 of this chapter.
(5) Section 2 of this chapter.
(6) Section 2.1 of this chapter.
(7) Section 2.2 of this chapter.
(8) Section 4 of this chapter.
As added by P.L.1-2010, SEC.63.
IC 13-18-10-2
Application for approval; notice requirements; renewal of
approval; approval of manure management system
Sec. 2. (a) An application for an approval under section 1 of this
chapter must be submitted on a form provided by the department. An
applicant must submit the completed application form to the
department together with the following:
(1) Plans and specifications for the design and operation of
manure treatment and control facilities.
(2) A manure management plan that outlines procedures for the
following:
(A) Soil testing.
(B) Manure testing.
(3) Maps of manure application areas.
(4) Supplemental information that the department requires,
including the following:
(A) General features of topography.
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(B) Soil types.
(C) Drainage course.
(D) Identification of nearest streams, ditches, and lakes.
(E) Location of field tiles.
(F) Location of land application areas.
(G) Location of manure treatment facilities.
(H) Farmstead plan, including the location of water wells on
the site.
(5) A fee of one hundred dollars ($100). The department shall
refund the fee if the department does not make a determination
in accordance with the time period established under section 2.1
of this chapter.
(b) An applicant who applies for an approval under section 1 of
this chapter shall, not more than ten (10) working days after
submitting the application, make a reasonable effort to provide notice
under this subsection:
(1) to the county executive of the county in which the confined
feeding operation is to be located or expanded; and
(2) to each owner and each occupant of land of which any part
of the boundary is one-half (1/2) mile or less from the
following:
(A) Any part of the proposed footprint of either or both of
the following to be located on the land on which the
confined feeding operation is to be located:
(i) A livestock or poultry production structure.
(ii) A permanent manure storage facility.
(B) Any part of the proposed footprint of either or both of
the following to be located on the land on which the
confined feeding operation is to be expanded:
(i) A livestock or poultry production structure.
(ii) The expanded area of a livestock or poultry production
structure.
The notice must be sent by mail, be in writing, include the date on
which the application was submitted to the department, and include
a brief description of the subject of the application. The applicant
shall pay the cost of complying with this subsection. The applicant
shall submit an affidavit to the department that certifies that the
applicant has complied with this subsection.
(c) A person must submit an application for the renewal of an
approval to:
(1) operate a confined feeding operation; or
(2) complete construction or expansion of a confined feeding
operation;
at least thirty (30) days prior to the expiration of the existing
approval. The construction standards that apply to a renewal
application under this subsection shall be the standards in place
under rules adopted by the board at the time that the original
approval for construction or expansion of a confined feeding
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operation was issued.
(d) A person who has received approval to construct or expand a
confined feeding operation under section 1 of this chapter and has
not begun construction or expansion within thirty (30) days of the
expiration of the approval must:
(1) submit a renewal application for construction or expansion
at least thirty (30) days prior to the expiration of the approval;
and
(2) comply with the requirements of subsection (b).
The construction standards that apply to a renewal application under
this subsection shall be the standards in place under rules adopted by
the board at the time that the renewal application is submitted.
(e) The department shall approve the construction or expansion
and the operation of the manure management system of the confined
feeding operation if the commissioner determines that the applicant
meets the requirements of:
(1) this chapter;
(2) rules adopted under this chapter;
(3) the water pollution control laws;
(4) rules adopted under the water pollution control laws; and
(5) policies and statements adopted under IC 13-14-1-11.5
relative to confined feeding operations.
As added by P.L.1-1996, SEC.8. Amended by P.L.125-1997, SEC.4;
P.L.127-2009, SEC.7; P.L.199-2014, SEC.2.
IC 13-18-10-2.1
Approval procedure; requirements; denial or revocation of
approval
Sec. 2.1. (a) The department:
(1) shall make a determination on an application submitted
under section 2 of this chapter not later than ninety (90) days
after the date the department receives the completed
application, including all required supplemental information,
unless the department and the applicant agree to a longer time;
and
(2) may conduct any inquiry or investigation, consistent with
the department's duties under this chapter, the department
considers necessary before making a determination.
(b) If the department fails to make a determination on an
application not later than ninety (90) days after the date the
department receives the completed application, the applicant may
request and receive a refund of an approval application fee paid by
the applicant, and the commissioner shall:
(1) continue to review the application;
(2) approve or deny the application as soon as practicable; and
(3) refund the applicant's application fee not later than
twenty-five (25) working days after the receipt of the applicant's
request.
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(c) The commissioner may suspend the processing of an
application and the ninety (90) day period described under this
section if the department determines within thirty (30) days after the
department receives the application that the application is incomplete
and has mailed a notice of deficiency to the applicant that specifies
the parts of the application that:
(1) do not contain adequate information for the department to
process the application; or
(2) are not consistent with applicable law.
(d) The department may establish requirements in an approval
regarding that part of the confined feeding operation that concerns
manure handling and application to assure compliance with:
(1) this chapter;
(2) rules adopted under this chapter;
(3) the water pollution control laws;
(4) rules adopted under the water pollution control laws; and
(5) policies and statements adopted under IC 13-14-1-11.5
relative to confined feeding operations.
(e) Subject to subsection (f), the commissioner may deny an
application upon making either or both of the following findings:
(1) A responsible party intentionally misrepresented or
concealed any material fact in either or both of the following:
(A) An application for approval under section 1 of this
chapter.
(B) A disclosure statement required by section 1.4 of this
chapter.
(2) An enforcement action was resolved against a responsible
party as described in either or both of the following:
(A) Section 1.4(c)(5) of this chapter.
(B) Section 1.4(c)(6) of this chapter.
(f) Before making a determination to approve or deny an
application, the commissioner must consider the following factors:
(1) The nature and details of the acts attributed to the
responsible party.
(2) The degree of culpability of the responsible party.
(3) The responsible party's cooperation with the state, federal,
or foreign agencies involved in the investigation of the activities
involved in actions referred to in section 1.4(c)(5) and 1.4(c)(6)
of this chapter.
(4) The responsible party's dissociation from any other persons
or entities convicted in a criminal enforcement action referred
to in section 1.4(c)(5) and 1.4(c)(6) of this chapter.
(5) Prior or subsequent self-policing or internal education
programs established by the responsible party to prevent acts,
omissions, or violations referred to in section 1.4(c)(5) and
1.4(c)(6) of this chapter.
(g) Except as provided in subsection (h), in taking action under
subsection (e), the commissioner must make separately stated
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findings of fact to support the action taken. The findings of fact
must:
(1) include a statement of ultimate fact; and
(2) be accompanied by a concise statement of the underlying
basic facts of record to support the findings.
(h) If the commissioner denies an application under subsection
(e), the commissioner is not required to explain the extent to which
any of the factors set forth in subsection (f) influenced the denial.
(i) The department may amend an approval under section 1 of this
chapter or revoke an approval under section 1 of this chapter:
(1) for failure to comply with:
(A) this chapter;
(B) rules adopted under this chapter;
(C) the water pollution control laws; or
(D) rules adopted under the water pollution control laws;
and
(2) as needed to prevent discharges of manure into the
environment that pollute or threaten to pollute the waters of the
state.
As added by P.L.125-1997, SEC.5. Amended by P.L.127-2009,
SEC.8; P.L.199-2014, SEC.3.
IC 13-18-10-2.2
Affidavit after construction or expansion; approval to construct or
expand remains effective as operating approval
Sec. 2.2. (a) Not more than thirty (30) days after the completion
of construction or expansion of a confined feeding operation, the
applicant shall execute and send to the department an affidavit that
affirms under penalties of perjury that the confined feeding
operation:
(1) was constructed or expanded; and
(2) will be operated;
in accordance with the requirements of the department's approval.
(b) An approval to construct or expand a confined feeding
operation shall remain in effect as the operating approval for the
duration of the permit term if construction or expansion is completed
prior to the end of the permit term under which the confined feeding
operation was constructed or expanded.
As added by P.L.125-1997, SEC.6. Amended by P.L.127-2009,
SEC.9; P.L.199-2014, SEC.4.
IC 13-18-10-2.3
Repealed
(As added by P.L.125-1997, SEC.7. Repealed by P.L.199-2014,
SEC.5.)
IC 13-18-10-2.6
Compliance and technical assistance program
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Sec. 2.6. The department shall establish a compliance and
technical assistance program for owners and operators of confined
feeding operations that may be administered by:
(1) the department;
(2) a state college or university; or
(3) a contractor.
As added by P.L.125-1997, SEC.8.
IC 13-18-10-3
Enforcement of chapter
Sec. 3. This chapter, including requirements established in a
department approval under section 2 of this chapter, may be enforced
under IC 13-30-3 or IC 13-14-2-6.
As added by P.L.1-1996, SEC.8. Amended by P.L.125-1997, SEC.9.
IC 13-18-10-4
Rules, policies, and statements; uniform standards
Sec. 4. (a) The board may adopt rules under IC 4-22-2 and
IC 13-14-9 and the department may adopt policies or statements
under IC 13-14-1-11.5 that are necessary for the proper
administration of this chapter. The rules, policies, or statements may
concern construction, expansion, and operation of confined feeding
operations and may include uniform standards for:
(1) construction, expansion, and manure containment that are
appropriate for a specific site; and
(2) manure application and handling that are consistent with
best management practices:
(A) designed to reduce the potential for manure to be
conveyed off a site by runoff or soil erosion; and
(B) that are appropriate for a specific site.
(b) Standards adopted in a rule, policy, or statement under
subsection (a) must:
(1) consider confined feeding standards that are consistent with
standards found in publications from:
(A) the United States Department of Agriculture;
(B) the Natural Resources Conservation Service of the
United States Department of Agriculture;
(C) the Midwest Plan Service; and
(D) postsecondary educational institution extension
bulletins; and
(2) be developed through technical review by the department,
postsecondary educational institution specialists, and other
animal industry specialists.
As added by P.L.1-1996, SEC.8. Amended by P.L.125-1997, SEC.10;
P.L.2-2007, SEC.167; P.L.127-2009, SEC.10.
IC 13-18-10-5
Injunctive relief
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Sec. 5. The department may seek injunctive relief under this
chapter.
As added by P.L.1-1996, SEC.8. Amended by P.L.125-1997, SEC.11.
IC 13-18-10-6
Violations; penalties
Sec. 6. A person who violates this chapter is subject to the
penalties imposed by the following:
(1) IC 13-30-4.
(2) IC 13-30-5.
(3) IC 13-30-8.
In addition, a person who violates this chapter may be subject to
criminal prosecution under IC 13-30-10.
As added by P.L.1-1996, SEC.8. Amended by P.L.137-2007, SEC.12.
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