Title 15, AGRICULTURE AND ANIMALS

Sec. 37. "Highly erodible land" means soil that has a high potential to erode based on site-specific characteristics, including: (1) slope length and steepness; (2) soil erodibility; and (3) rainfall; as determined by the United States Department of Agriculture Natural Resources …

Sec. 38. "Incorporation" means the mixing of fertilizer material with the surface soil using standard agricultural practices, including tillage. As added by P.L.98-2026, SEC.2.

Sec. 39. "Injection" means the placement of liquid fertilizer material beneath the surface of the soil in the crop root zone using equipment specifically designed for this purpose. As added by P.L.98-2026, SEC.2.

Sec. 4. "Ammonium nitrate" means the ammonium salt of nitric acid, which must contain not less than thirty-three percent (33%) nitrogen, fifty percent (50%) of which is in the ammonium form and fifty percent (50%) of which is in the nitrate form. As added by P.L.98-2026, SEC.2.

Sec. 4.5. "Animal feeding operation" or "AFO" means a lot or facility, other than an aquatic animal production facility, where all of the following conditions are met: (1) Animals, other than aquatic animals, have been, are, or will be stabled or confined and fed or maintained fo…

Sec. 40. "Inorganic fertilizer" means any fertilizer material: (1) manufactured by means of a man made chemical reaction; and (2) that does not contain any plant or animal products, manures or renderings. The term includes urea. As added by P.L.98-2026, SEC.2.

Sec. 41. "Label", for purposes of IC 15-16-3, means: (1) written material; (2) printed material; (3) graphic material; or (4) any other statement; accompanying a fertilizer. As added by P.L.98-2026, SEC.2.

Sec. 42. "Lawn care service" means service provided to private, institutional, or commercial entities for compensation to maintain and nourish: (1) turf; (2) shrubbery; (3) trees; and (4) other plants; commonly associated with private, institutional, or commercial lawns. The term…

Sec. 43. "Licensee", for purposes of IC 15-16-3, means a person that has been issued a license under IC 15-16-3. As added by P.L.98-2026, SEC.2.

Sec. 44. "Low pressure nitrogen solutions" means an aqueous solution of ammonium nitrate, urea, or other nitrogen carriers containing various quantities of free ammonia exceeding two percent (2%) by weight. The term does not include aqua ammonia and nonpressure nitrogen solutions…

Sec. 45. "Manipulated organic fertilizer" means any organic fertilizer that is not manure. As added by P.L.98-2026, SEC.2.

Sec. 46. "Manure" means any of the following: (1) Liquid or solid animal excreta. (2) Used animal bedding, litter, waste liquid, or contaminated runoff. (3) Plant remains or vegetable refuse from processing. (4) Any other materials generated at a livestock or poultry production a…

Sec. 47. "Manure based fertilizer" means processed manure based commercial fertilizer with a manure content of at least seventy-five percent (75%). As added by P.L.98-2026, SEC.2.

Sec. 48. "Mixed fertilizer" means any combination or mixture of commercial fertilizers: (1) designed for use; or (2) claimed to have nutrient value; in promoting plant growth. As added by P.L.98-2026, SEC.2.

Sec. 49. "Official sample" means any sample of commercial fertilizer or manure based fertilizer taken by the state chemist or the state chemist's agent. As added by P.L.98-2026, SEC.2.

Sec. 5. "Appurtenance" means any: (1) valve; (2) pump; (3) fitting; (4) pipe; (5) hose; (6) metering device; or (7) mechanical device; that is connected to a storage container or is used to transfer a material into or out of the storage container. As added by P.L.98-2026, SEC.2.…

Sec. 50. "Operational area" means an area or areas at a storage facility where fertilizers are: (1) transferred, loaded, unloaded, or mixed; or (2) cleaned or washed from: (A) containers; or (B) application, storage, or transportation equipment. As added by P.L.98-2026, SEC.2.…

Sec. 51. "Operational area containment" means any structure or system designed and constructed to effectively intercept and contain discharges, including container or equipment wash water and rainwater, and to prevent runoff or leaching from a storage facility. As added by P.L.98…

Sec. 52. "Organic fertilizer" means any fertilizer material derived from plant products, animal products, or manures that contain one (1) or more nutrients (other than carbon, hydrogen, or oxygen) that are essential for plant growth. The term does not include biosolids, industria…

Sec. 53. "Permit" refers to a permit issued under: (1) IC 15-16-2-34 to report the tonnage of commercial fertilizer sold; or (2) IC 15-16-3.5 to report the tonnage of manure based fertilizer sold. As added by P.L.98-2026, SEC.2.

Sec. 54. "Percent" or "percentage" means the percentage by weight. As added by P.L.98-2026, SEC.2.

Sec. 55. "Person" means: (1) an individual; (2) a partnership; (3) an association; (4) a firm; (5) a limited liability company; or (6) a corporation. As added by P.L.98-2026, SEC.2.

Sec. 56. "Primary containment" means the storage of fluid bulk fertilizer in storage containers at a storage facility. As added by P.L.98-2026, SEC.2.

Sec. 57. "Private applicator certification" means the licensing credential issued to a certified applicator who: (1) uses; or (2) supervises the use of; organic fertilizer for purposes of producing any agricultural crop on property owned, rented, or managed by the employer or the…

Sec. 58. "Private applicator recertification program" and "PARP" mean a private applicator recertification program of fertilizer material related instruction or training that has been evaluated and approved by the state chemist. As added by P.L.98-2026, SEC.2.

Sec. 59. "Processed manure" means manure that has undergone at least one (1) step of physical or chemical processing to change the characteristics of the manure, including manure that is composted, digested, mechanically separated, or pelletized. The term does not include manure …

Sec. 59.5. (a) "Production area" means the part of an AFO that includes the following: (1) An animal confinement area. (2) A manure storage area. (3) A raw materials storage area. (4) A waste containment area. (5) An egg washing or egg processing facility. (6) An area used in the…

Sec. 6. "Aqua ammonia" means an aqueous solution of anhydrous ammonia generally containing from eighteen percent (18%) to thirty percent (30%) of ammonia (NH3) by weight and having a vapor pressure usually varying from zero (0) to ten (10) pounds per square inch gauge (psig) at o…

Sec. 60. "Public water supply surface intake structure" means any structure used for the purpose of providing water through a public water supply system. As added by P.L.98-2026, SEC.2.

Sec. 61. "Public water supply well" means any well that provides water to the public through a water distribution system that: (1) serves at least twenty-five (25) persons per day for: (A) drinking; (B) domestic use; or (C) other purposes; or (2) has at least fifteen (15) service…

Sec. 62. "Registrant" means a person that registers: (1) commercial fertilizer under IC 15-16-2; or (2) manure based fertilizer under IC 15-16-3.5. As added by P.L.98-2026, SEC.2.

Sec. 63. "Saturated ground" means soil soaked with moisture so that the soil cannot absorb any more liquid. As added by P.L.98-2026, SEC.2.

Sec. 64. "Secondary containment" means any structure, including a dike, used to contain fertilizer discharges from bulk storage containers and prevent runoff or leaching. As added by P.L.98-2026, SEC.2.

Sec. 65. "Sell" or "sale" includes exchange. As added by P.L.98-2026, SEC.2.

Sec. 66. "Sinkhole" means a natural depression in the surface of the land caused by the collapse of the roof of a cavern or subterranean passage. As added by P.L.98-2026, SEC.2.

Sec. 67. "Specialty fertilizer" means a commercial fertilizer distributed for nonfarm use. As added by P.L.98-2026, SEC.2.

Sec. 68. "Spill" means any unexpected, unintended, abnormal, or unapproved liquid or dry dumping, leakage, drainage, seepage, or other loss of fertilizer. The term does not include releases to impermeable surfaces when the fertilizer does not migrate off the surface or penetrate …

Sec. 69. "Staging" means the placement of fertilizer material: (1) gathered in a pile to be used for field application within one hundred twenty (120) days; or (2) at a production area for: (A) livestock (as defined in IC 15-17-2-47); or (B) poultry (as defined in IC 15-17-2-87);…

Sec. 7. (a) "Biosolid" means solid, semisolid, or liquid residue generated during the treatment of domestic sewage (as defined in 327 IAC 6.1-2-16) in a treatment works (as defined in 327 IAC 6.1-2-57) including the following: (1) Scum or solids removed in primary, secondary, or …

Sec. 70. "State chemist" means the Indiana state chemist or an agent appointed by the state chemist. As added by P.L.98-2026, SEC.2.

Sec. 71. "Storage" means the storage of bulk fertilizer or manure based fertilizer by a person that: (1) manufactures or distributes bulk fertilizer or manure based fertilizer; or (2) stores bulk fertilizer or manure based fertilizer for personal use. As added by P.L.98-2026, SEC…

Sec. 72. (a) "Storage container" means the following: (1) A container used for the storage of fluid bulk fertilizer. (2) A rail car, nurse tank, or other mobile container used for the storage of fluid bulk fertilizer. (b) The term does not include the following: (1) A mobile cont…

Sec. 73. "Storage facility" means a location at which: (1) fluid bulk fertilizer in undivided quantities in excess of: (A) two thousand five hundred (2,500) gallons; or (B) a total capacity of seven thousand five hundred (7,500) gallons; or (2) dry bulk fertilizer in undivided qu…

Sec. 74. "Storage facility location registry" means the annual listing of all storage facilities at any location in Indiana by the state chemist that is compiled from the written notification received from the storage facility. As added by P.L.98-2026, SEC.2.

Sec. 75. "Surface application" means the placement of fertilizer material by spraying or spreading onto the land surface. As added by P.L.98-2026, SEC.2.

Sec. 76. (a) "Surface water" means waters, as defined in IC 13-11-2-265, that are present on the surface of the earth, including the following: (1) Streams. (2) Lakes. (3) Ponds. (4) Rivers. (5) Swamps. (6) Marshes. (7) Wetlands. (b) The term does not include the following: (1) T…