Title 15, AGRICULTURE AND ANIMALS

Sec. 13. In addition to the requirements under section 11 of this chapter, a storage structure that contains solid processed manure must be designed according to the following: (1) The storage structure must: (A) be covered to prevent rainwater from contacting the processed manur…

Sec. 14. (a) In addition to the requirements under section 11 of this chapter, a storage structure that contains liquid processed manure must be designed according to the Indiana NRCS Conservation Practice Standard Code 313: Waste Storage Structure, October 2016. (b) An uncovered…

Sec. 15. The state chemist shall post on the website of the office of the state chemist information concerning where design standards referenced in sections 11, 12, 13, and 21 of this chapter may be: (1) obtained; and (2) reviewed and copied. As added by P.L.98-2026, SEC.51.…

Sec. 16. (a) An owner or operator may propose an alternative to a design, construction, or operational requirement specified in this chapter, provided the owner or operator can prove to the satisfaction of the state chemist that any alternative will provide equivalent or greater …

Sec. 17. (a) The owner or operator shall notify the state chemist in writing at least two (2) days before the scheduled construction of a storage structure. Multiple notices, that identify the parts of the storage structure that are completed at the time the notice is submitted, …

Sec. 18. (a) A storage structure must be maintained and operated to meet the requirements of this chapter. (b) The owner or operator shall: (1) inspect the storage structure for compliance with this chapter at least one (1) time each month; and (2) document any maintenance activi…

Sec. 19. (a) The owner or operator of a storage structure must keep an operating record that includes the following: (1) The complete application. (2) The storage structure site plan. (3) Notification of construction required by section 17(a) of this chapter. (4) The notarized af…

Sec. 2. (a) Before distributing manure based fertilizer in Indiana for consideration, the person that is the guarantor of each brand and grade of the manure based fertilizer must submit to the state chemist: (1) an application for registration on a form furnished by the state che…

Sec. 20. (a) The owner or operator of a storage structure shall develop an emergency response plan to be kept in the operating record. The plan must contain the following: (1) Procedures for the following: (A) Containing a processed manure release to prevent the manure from reach…

Sec. 21. (a) The owner or operator of a processed manure storage structure that plans to decommission a processed manure storage structure shall do the following: (1) Continue to maintain the processed manure storage structure in accordance with the requirements of this chapter u…

Sec. 22. The state chemist shall adopt rules under IC 4-22-2: (1) regulating the distribution of manure based fertilizer; and (2) establishing fees for the distribution of manure based fertilizer. As added by P.L.98-2026, SEC.51.

Sec. 23. (a) A person may not distribute a misbranded manure based fertilizer. A manure based fertilizer is misbranded if: (1) the manure based fertilizer carries any false or misleading statement; or (2) false or misleading statements concerning the manure based fertilizer's nut…

Sec. 24. (a) The state chemist may: (1) cancel the registration of any brand of manure based fertilizer; or (2) refuse to register any brand of manure based fertilizer under this chapter; if the state chemist receives satisfactory evidence that the registrant has used fraudulent …

Sec. 25. (a) If the state chemist determines that a manure based fertilizer is being offered for sale in violation of this chapter, the state chemist may issue to and enforce upon the owner or custodian: (1) a written or printed stop sale, use, or removal order; and (2) a written…

Sec. 26. (a) Any manure based fertilizer not in compliance with this chapter is subject to seizure based on a complaint of the state chemist filed in a court with jurisdiction in the area in which the manure based fertilizer is located. (b) Subject to subsection (a), if the court…

Sec. 27. The state chemist may apply for a temporary or permanent injunction restraining any person from violating or continuing to violate this chapter. The remedies under this section are supplemental to other remedies allowed under this chapter or other law. As added by P.L.98…

Sec. 28. (a) If a person violates this chapter, the state chemist may: (1) warn, issue a citation to, or impose a civil penalty on the person; or (2) deny, suspend, revoke, or amend the person's registration under this chapter. (b) A person who knowingly or intentionally violates…

Sec. 3. Manure based fertilizer must be distributed with a written or printed statement with the guaranteed analysis that: (1) accompanies the manure based fertilizer at delivery; and (2) is supplied to the purchaser at time of delivery. As added by P.L.98-2026, SEC.51.…

Sec. 4. (a) A person that distributes manure based fertilizers in Indiana to a person that is not a registrant or permit holder under this chapter shall pay to the state chemist an inspection fee computed under subsection (b). (b) The inspection fee charged under subsection (a) i…

Sec. 5. (a) Each registrant shall apply to the state chemist for a permit to report the tonnage of manure based fertilizer sold and pay the inspection fee as specified in section 4 of this chapter. In making the application for the permit, the registrant must agree to the followi…

Sec. 6. (a) The state chemist shall publish at least annually, in a form that the state chemist considers proper, information concerning the following: (1) The sales of manure based fertilizers, including any data on sales that the state chemist considers advisable. (2) The resul…

Sec. 7. (a) The state chemist may: (1) sample, inspect, make analysis of, and test manure based fertilizers distributed within Indiana; and (2) inspect the storage of manure based fertilizers in Indiana at a time and place and to such an extent as necessary to determine whether t…

Sec. 8. (a) If an official manure based fertilizer analysis conducted by the state chemist under this chapter results in a determination that the registrant of a manure based fertilizer is subject to a penalty or other legal action under this chapter, the state chemist shall forw…

Sec. 9. (a) If an analysis conducted under this chapter indicates that a manure based fertilizer fails in any respect to meet the guaranteed analysis filed by a registrant under section 2 of this chapter, the state chemist may require the payment of a refund to the purchaser equa…