Section 327 IAC 7.1-8-1 - Application requirements for land application of septageAuthority: IC 13-14-8; IC 13-18-12-4
Affected: IC 13-15-8; IC 13-18-12; IC 25-31.5
Sec. 1.
(a) Septage may only be applied to the land as follows: (1) The only forms of septage that may be applied to the land are:(C) a combination of domestic septage and grease.(2) Land application of the material identified in subdivision (1)(A) through (1)(C) must be conducted in accordance with:(B) a valid septage management permit that includes approval of the land application sites to be used.(b) In addition to the application requirements in 327 IAC 7.1-4-1(c)(1), an application or renewal application for a septage management permit that includes land application of septage must be submitted to the commissioner, on a form provided by the commissioner and be accompanied by the following: (1) A statement, signed by the property owner that:(A) grants permission to dispose of septage on the property;(B) acknowledges the crop and use limitations of sections 9 and 10 of this rule for land used for land application of septage; and(C) states activities specified in the permit application are not prohibited by any covenant of record.(2) Property owner contact information, including the following:(D) Electronic mail address, if available.(3) An accurate drawing or aerial photograph that meets the following criteria: (A) It must clearly delineate the proposed septage application site and the area within one-quarter (1/4) mile of the site in all directions.(B) It must use a scale of one (1) inch per one hundred (100) feet and show north.(C) It must clearly and accurately indicate the location of all features of interest, including the following: (i) Potable water supplies.(ii) Lakes, ponds, streams, intermittent waterways, surface water impoundments, wetlands, or other bodies of water.(iii) Drainage inlets and tile systems.(iv) Rock outcrops, sinkholes, or undrained depressions.(v) The location and use of all structures, including residences or places of business and any public gathering places.(vi) The location of all property lines, easements, and public roads.(vii) The critical habitat of endangered or threatened species.(ix) Public water supply surface intake structures.(x) Public water supply wells.(4) A soil survey map classifying the soils within the proposed site.(5) A soil test that includes the phosphorus concentration in the soil of the proposed land application site analyzed within the past six (6) months and conducted in accordance with the requirements in subsection 7(b) [section 7(b)] of this rule.(6) For approval by the commissioner of alternative nutrient application rates under section 7(a)(4) of this rule, the following records must be submitted for the proposed land application site: (A) Harvest records for the previous three (3) years.(B) A soil test reporting fertilizer recommendations.(C) The nitrogen requirement for the specific crop to be grown on the site in accordance with section 7(a)(5) of this rule.(D) The phosphorus removal rate for the specific crop to be grown on the site in accordance with section 7(a)(6) of this rule.(7) Additional information from the owner or operator as follows: (A) Identification of the septage to be land applied at the site as domestic septage, grease, or a combination of domestic septage and grease.(B) Facts demonstrating that the site is not located in a sensitive area as defined at 327 IAC 7.1-2-34.(C) Facts demonstrating that the site: (i) has restricted access;(ii) is inaccessible to the public; or(iii) is not used by the public during normal work or recreational activities.(D) The number of acres of area available for the application site after setbacks have been taken into consideration.(E) A description of all land application methods to be used at the site.(F) The estimated annual amount of septage to be applied at the site.(G) The total amount of septage that has been applied to the site in all previous years.(H) A plan indicating what crops are to be grown on the site during the effective period of the permit or if the site will be pasture land or set aside.(8) A fee of thirty dollars ($30) per site per year.(9) Land application site identification.(11) Notarized affidavit concerning notification requirements under IC 13-15-8 to affected persons.(12) List of potentially affected persons for each land application site.(c) In addition to the soil survey map required in subsection (b)(4), for soil types that generally have a high water table or fast permeability, the applicant may submit a report by a soil scientist registered under IC 25-31.5 or certified by the American Registry of Certified Professionals in Agronomy, Crops, and Soils (ARCPACS), rather than using the NRCS published data provided by the department, with the following information:(1) The depth to the water table from the land surface.(2) The depth to bedrock.(3) Evidence that the land application site is not located in a flood plain.(d) An application for renewal of an existing land application permit must be:(2) hand delivered to the office of land quality, Indiana department of environmental management;(3) submitted electronically as specified by the department; or(4) deposited with a private carrier as shown by the receipt issued by the carrier, if the application is sent by the private carrier to the address for the department on the application; prior to the expiration date of the permit or the permit will be invalid upon expiration. Water Pollution Control Board; 327 IAC 7.1-8-1; filed Jul 8, 2002, 2:01 p.m.: 25 IR 3732; errata filed Aug 9, 2002, 10:16 a.m.: 25 IR 4113; readopted filed Jun 4, 2008, 11:07 a.m.: 20080702-IR-327080207BFAReadopted filed Jul 30, 2014, 4:04 p.m.: 20140827-IR-327140189BFAReadopted filed 5/27/2020, 11:52 a.m.: 20200624-IR-327200186BFAFiled 3/3/2022, 10:40 a.m.: 20220330-IR-327140029FRA