Indiana § 13-18-4-5 Unlawful discharge of deleterious substances; land application of
fertilizer

Indiana Statutes

§ 13-18-4-5 — Unlawful discharge of deleterious substances; land application of fertilizer

Indiana § 13-18-4-5

Art. 18WATER POLLUTION CONTROL

Ch. 4Restrictions on Pollution of Water

This text of Indiana § 13-18-4-5 (Unlawful discharge of deleterious substances; land application of fertilizer) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 13-18-4-5 (2026).

Text

(a)Except as provided in subsection (b), a person may not:

(1)throw, run, drain, or otherwise dispose; or

(2)cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed; into any of the streams or waters of Indiana any organic or inorganic matter that causes or contributes to a polluted condition of any of the streams or waters of Indiana, as determined by a rule of the board adopted under sections 1 and 3 of this chapter.

(b)Subsection (a) does not apply to organic or inorganic matter that consists of fertilizer material contained in:

(1)runoff from a storm event; or

(2)irrigation return flow; entering the waters of Indiana as a result of land application of fertilizer material in compliance with rules adopted by the state chemist under IC 15-16-2-44.

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(a) Except as provided in subsection (b), a
person may not:
(1) throw, run, drain, or otherwise dispose; or
(2) cause, permit, or suffer to be thrown, run, drained, allowed to
seep, or otherwise disposed;
into any of the streams or waters of Indiana any organic or inorganic
matter that causes or contributes to a polluted condition of any of the
streams or waters of Indiana, as determined by a rule of the board
adopted under sections 1 and 3 of this chapter.
(b) Subsection (a) does not apply to organic or inorganic matter that
consists of fertilizer material contained in:
(1) runoff from a storm event; or
(2) irrigation return flow;
entering the waters of Indiana as a result of land application of fertilizer
material in compliance with rules adopted by the state chemist under
IC 15-16-2-44.
(c) The department shall request documentation of compliance with
subsection (b) before a notice of violation can be issued.
(d) A person has thirty (30) days to submit documentation after
receiving a request under subsection (c).
(e) The department may issue a notice of violation for failure to
comply with subsection (d). No notice of violation can be issued if the
department determines that a person complied with subsection (b).
(f) Before the rules for land application of fertilizer materials
adopted under IC 15-16-2-44 by the state chemist take effect, a person
may meet the requirements under subsection (b) if the person maintains
documentation of compliance with:
(1) the conditions for land application of manure requirements
under IC 13-18-10; or
(2) the National Resources Conservation Services land
application standards.
(g) Subsection (b) does not affect liability for killing wild animals
under IC 14-22-10-6.
[Pre-1996 Recodification Citation: 13-1-3-8.]