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·Art. 18 WATER POLLUTION CONTROL·Ch. 4 Restrictions on Pollution of Water

(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.]

Indiana § 13-18-4-5 (Unlawful discharge of deleterious substances; land application of fertilizer) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.