CHAPTER 10. CONFINED FEEDING CONTROL
IC 13-18-10
Chapter 10. Confined Feeding Control
IC 13-18-10-1
Department approval necessary for confined feeding operations
Sec. 1. A person may not start:
(1) construction of a confined feeding operation; or
(2) expansion of a confined feeding operation that increasesanimal capacity or manure containment capacity, or both;
without obtaining the prior approval of the department.
As added by P.L.1-1996, SEC.8. Amended by P.L.24-2004, SEC.3;P.L.81-2009, SEC.2; P.L.127-2009, SEC.5; P.L.1-2010, SEC.62.
IC 13-18-10-1.4
Disclosure statement for confined feeding operation application
Sec. 1.4. (a) Subject to subsection (b), an application for approvalunder section 1 of this chapter must include for each responsibleparty the disclosure statement referred to in subsection (c) if eitheror both of the following apply:
(1) State or federal officials at any time alleged that theresponsible party committed acts or omissions that constituteda material violation of state or federal environmental law.
(2) Foreign officials at any time alleged that the responsibleparty committed acts or omissions that:
(A) constituted a material violation of foreign environmentallaw; and
(B) would have constituted a material violation of state orfederal environmental law if the act or omission hadoccurred in the United States.
(b) Subsection (a):
(1) applies only if the acts or omissions alleged undersubsection (a)(1) or (a)(2) presented a substantial endangermentto human health or the environment; and
(2) does not apply to a renewal of an approval under section 1of this chapter that does not involve construction or expansionas described in section 1 of this chapter.
(c) A responsible party referred to in subsection (a) must makereasonable efforts to provide complete and accurate information tothe department in a disclosure statement that includes the following:
(1) The name and business address of the responsible party.
(2) A description of the responsible party's experience inmanaging the environmental aspects of the type of facility thatwill be managed under the permit.
(3) A description of all pending administrative, civil, orcriminal enforcement actions filed in the United States againstthe responsible party alleging any acts or omissions that:
(A) constitute a material violation of state or federalenvironmental law; and
(B) present a substantial endangerment to human health orthe environment. (4) A description of all pending administrative, civil, orcriminal enforcement actions filed in a foreign country againstthe responsible party alleging any acts or omissions that:
(A) constitute a material violation of foreign environmentallaw;
(B) would have constituted a material violation of state orfederal environmental law if the act or omission on whichthe action is based had occurred in the United States; and
(C) present a substantial endangerment to human health orthe environment.
(5) A description of all finally adjudicated or settledadministrative, civil, or criminal enforcement actions in theUnited States resolved against the responsible party within thefive (5) years that immediately precede the date of theapplication involving acts or omissions that:
(A) constitute a material violation of federal or stateenvironmental law; and
(B) present a substantial endangerment to human health orthe environment.
(6) A description of all finally adjudicated or settledadministrative, civil, or criminal enforcement actions in aforeign country resolved against the responsible party withinthe five (5) years that immediately precede the date of theapplication involving acts or omissions that:
(A) constitute a material violation of foreign environmentallaw;
(B) would have constituted a material violation of state orfederal environmental law if the act or omission on whichthe action is based had occurred in the United States; and
(C) present a substantial endangerment to human health orthe environment.
(7) Identification of all state, federal, or foreign environmentalpermits:
(A) applied for by the responsible party that were denied; or
(B) previously held by the responsible party that wererevoked.
(d) A disclosure statement submitted under subsection (c):
(1) must be executed under oath or affirmation; and
(2) is subject to the penalty for perjury under IC 35-44-2-1.
(e) The department may investigate and verify the information setforth in a disclosure statement submitted under this section.
As added by P.L.127-2009, SEC.6.
IC 13-18-10-1.9
Application of the law to certain confined feeding operations
Sec. 1.9. (a) This section applies:
(1) to a confined feeding operation for which a person isrequired to submit an application for approval under section 1of this chapter if an application for approval under section 1 ofthis chapter submitted with respect to the confined feeding
operation was not approved by the department before May 12,2009; and
(2) notwithstanding the effective date of the addition oramendment by P.L.127-2009 of the provisions listed insubsection (b)(1) through (b)(8).
(b) The following, as added or amended by P.L.127-2009,effective July 1, 2009, apply to a confined feeding operationdescribed in subsection (a)(1) in the same manner as if they had beenin effect on the date on which the application was submitted withrespect to the confined feeding operation under section 1 of thischapter:
(1) IC 13-11-2-8.
(2) IC 13-11-2-40.
(3) IC 13-11-2-191.
(4) Section 1 of this chapter.
(5) Section 2 of this chapter.
(6) Section 2.1 of this chapter.
(7) Section 2.2 of this chapter.
(8) Section 4 of this chapter.
As added by P.L.1-2010, SEC.63.
IC 13-18-10-2
Application for approval; notice requirements; departmentapproval of manure treatment or control facilities
Sec. 2. (a) Application for approval under section 1 of this chapterof the construction or expansion of a confined feeding operationmust be made on a form provided by the department. An applicantmust submit the completed application form to the departmenttogether with the following:
(1) Plans and specifications for the design and operation ofmanure treatment and control facilities.
(2) A manure management plan that outlines procedures for thefollowing:
(A) Soil testing.
(B) Manure testing.
(3) Maps of manure application areas.
(4) Supplemental information that the department requires,including the following:
(A) General features of topography.
(B) Soil types.
(C) Drainage course.
(D) Identification of nearest streams, ditches, and lakes.
(E) Location of field tiles.
(F) Location of land application areas.
(G) Location of manure treatment facilities.
(H) Farmstead plan, including the location of water wells onthe site.
(5) A fee of one hundred dollars ($100). The department shallrefund the fee if the department does not make a determinationin accordance with the time period established under section 2.1
of this chapter.
(b) An applicant who applies for approval under section 1 of thischapter to construct or expand a confined feeding operation on landfor which a valid existing approval has not been issued shall make areasonable effort to provide notice not more than ten (10) workingdays after submitting an application:
(1) to the county executive of the county in which the confinedfeeding operation is to be located or expanded; and
(2) to each owner and each occupant of land of which any partof the boundary is one-half (1/2) mile or less from thefollowing:
(A) Any part of the proposed footprint of either or both ofthe following to be located on the land on which theconfined feeding operation is to be located:
(i) A livestock or poultry production structure.
(ii) A permanent manure storage facility.
(B) Any part of the proposed footprint of either or both ofthe following to be located on the land on which theconfined feeding operation is to be expanded:
(i) A livestock or poultry production structure.
(ii) The expanded area of a livestock or poultry productionstructure.
The notice must be sent by mail, be in writing, include the date onwhich the application was submitted to the department, and includea brief description of the subject of the application. The applicantshall pay the cost of complying with this subsection. The applicantshall submit an affidavit to the department that certifies that theapplicant has complied with this subsection.
(c) Plans and specifications for manure treatment or controlfacilities for a confined feeding operation must secure the approvalof the department. The department shall approve the construction orexpansion and the operation of the manure management system ofthe confined feeding operation if the commissioner determines thatthe applicant meets the requirements of:
(1) this chapter;
(2) rules adopted under this chapter;
(3) the water pollution control laws;
(4) rules adopted under the water pollution control laws; and
(5) policies and statements adopted under IC 13-14-1-11.5relative to confined feeding operations.
As added by P.L.1-1996, SEC.8. Amended by P.L.125-1997, SEC.4;P.L.127-2009, SEC.7.
IC 13-18-10-2.1
Approval procedure; requirements; revocation
Sec. 2.1. (a) The department:
(1) shall make a determination on an application made undersection 2 of this chapter not later than ninety (90) days after thedate the department receives the completed application,including all required supplemental information, unless the
department and the applicant agree to a longer time; and
(2) may conduct any inquiry or investigation, consistent withthe department's duties under this chapter, the departmentconsiders necessary before making a determination.
(b) If the department fails to make a determination on anapplication not later than ninety (90) days after the date thedepartment receives the completed application, the applicant mayrequest and receive a refund of an approval application fee paid bythe applicant, and the commissioner shall:
(1) continue to review the application;
(2) approve or deny the application as soon as practicable; and
(3) refund the applicant's application fee not later thantwenty-five (25) working days after the receipt of the applicant'srequest.
(c) The commissioner may suspend the processing of anapplication and the ninety (90) day period described under thissection if the department determines within thirty (30) days after thedepartment receives the application that the application is incompleteand has mailed a notice of deficiency to the applicant that specifiesthe parts of the application that:
(1) do not contain adequate information for the department toprocess the application; or
(2) are not consistent with applicable law.
(d) The department may establish requirements in an approvalregarding that part of the confined feeding operation that concernsmanure handling and application to assure compliance with:
(1) this chapter;
(2) rules adopted under this chapter;
(3) the water pollution control laws;
(4) rules adopted under the water pollution control laws; and
(5) policies and statements adopted under IC 13-14-1-11.5relative to confined feeding operations.
(e) Subject to subsection (f), the commissioner may deny anapplication upon making either or both of the following findings:
(1) A responsible party intentionally misrepresented orconcealed any material fact in either or both of the following:
(A) An application for approval under section 1 of thischapter.
(B) A disclosure statement required by section 1.4 of thischapter.
(2) An enforcement action was resolved against a responsibleparty as described in either or both of the following:
(A) Section 1.4(c)(5) of this chapter.
(B) Section 1.4(c)(6) of this chapter.
(f) Before making a determination to approve or deny anapplication, the commissioner must consider the following factors:
(1) The nature and details of the acts attributed to theresponsible party.
(2) The degree of culpability of the responsible party.
(3) The responsible party's cooperation with the state, federal,
or foreign agencies involved in the investigation of the activitiesinvolved in actions referred to in section 1.4(c)(5) and 1.4(c)(6)of this chapter.
(4) The responsible party's dissociation from any other personsor entities convicted in a criminal enforcement action referredto in section 1.4(c)(5) and 1.4(c)(6) of this chapter.
(5) Prior or subsequent self-policing or internal educationprograms established by the responsible party to prevent acts,omissions, or violations referred to in section 1.4(c)(5) and1.4(c)(6) of this chapter.
(g) Except as provided in subsection (h), in taking action undersubsection (e), the commissioner must make separately statedfindings of fact to support the action taken. The findings of factmust:
(1) include a statement of ultimate fact; and
(2) be accompanied by a concise statement of the underlyingbasic facts of record to support the findings.
(h) If the commissioner denies an application under subsection(e), the commissioner is not required to explain the extent to whichany of the factors set forth in subsection (f) influenced the denial.
(i) The department may amend an approval under section 1 of thischapter or revoke an approval under section 1 of this chapter:
(1) for failure to comply with:
(A) this chapter;
(B) rules adopted under this chapter;
(C) the water pollution control laws; or
(D) rules adopted under the water pollution control laws;and
(2) as needed to prevent discharges of manure into theenvironment that pollute or threaten to pollute the waters of thestate.
As added by P.L.125-1997, SEC.5. Amended by P.L.127-2009,SEC.8.
IC 13-18-10-2.2
Notice by applicant to the department; deadlines for action by anapplicant
Sec. 2.2. (a) If an applicant receives an approval under thischapter and completes construction or expansion, not more thanthirty (30) days after the date the applicant completes theconstruction or expansion the applicant shall execute and send to thedepartment an affidavit that affirms under penalties of perjury thatthe confined feeding operation:
(1) was constructed or expanded; and
(2) will be operated;
in accordance with the requirements of the department's approval.
(b) Construction or expansion of an approved confined feedingoperation must:
(1) begin not later than two (2) years; and
(2) be completed not later than four (4) years;after the date the department approves the construction or expansionof the confined feeding operation or the date all appeals broughtunder IC 4-21.5 concerning the construction or expansion of theconfined feeding operation have been completed, whichever is later.
As added by P.L.125-1997, SEC.6. Amended by P.L.127-2009,SEC.9.
IC 13-18-10-2.3
Manure management plan
Sec. 2.3. A confined feeding operation must submit a manuremanagement plan that outlines procedures for soil testing, manuretesting, and maps of manure application areas to the department atleast one (1) time every five (5) years to maintain valid approval forthe confined feeding operation under this chapter.
As added by P.L.125-1997, SEC.7.
IC 13-18-10-2.6
Compliance and technical assistance program
Sec. 2.6. The department shall establish a compliance andtechnical assistance program for owners and operators of confinedfeeding operations that may be administered by:
(1) the department;
(2) a state college or university; or
(3) a contractor.
As added by P.L.125-1997, SEC.8.
IC 13-18-10-3
Enforcement of chapter
Sec. 3. This chapter, including requirements established in adepartment approval under section 2 of this chapter, may be enforcedunder IC 13-30-3 or IC 13-14-2-6.
As added by P.L.1-1996, SEC.8. Amended by P.L.125-1997, SEC.9.
IC 13-18-10-4
Rules, policies, and statements; uniform standards
Sec. 4. (a) The board may adopt rules under IC 4-22-2 andIC 13-14-9 and the department may adopt policies or statementsunder IC 13-14-1-11.5 that are necessary for the properadministration of this chapter. The rules, policies, or statements mayconcern construction, expansion, and operation of confined feedingoperations and may include uniform standards for:
(1) construction, expansion, and manure containment that areappropriate for a specific site; and
(2) manure application and handling that are consistent withbest management practices:
(A) designed to reduce the potential for manure to beconveyed off a site by runoff or soil erosion; and
(B) that are appropriate for a specific site.
(b) Standards adopted in a rule, policy, or statement undersubsection (a) must: (1) consider confined feeding standards that are consistent withstandards found in publications from:
(A) the United States Department of Agriculture;
(B) the Natural Resources Conservation Service of theUnited States Department of Agriculture;
(C) the Midwest Plan Service; and
(D) postsecondary educational institution extensionbulletins; and
(2) be developed through technical review by the department,postsecondary educational institution specialists, and otheranimal industry specialists.
As added by P.L.1-1996, SEC.8. Amended by P.L.125-1997, SEC.10;P.L.2-2007, SEC.167; P.L.127-2009, SEC.10.
IC 13-18-10-5
Injunctive relief
Sec. 5. The department may seek injunctive relief under thischapter.
As added by P.L.1-1996, SEC.8. Amended by P.L.125-1997, SEC.11.
IC 13-18-10-6
Violations; penalties
Sec. 6. A person who violates this chapter is subject to thepenalties imposed by the following:
(1) IC 13-30-4.
(2) IC 13-30-5.
(3) IC 13-30-8.
In addition, a person who violates this chapter may be subject tocriminal prosecution under IC 13-30-10.
As added by P.L.1-1996, SEC.8. Amended by P.L.137-2007, SEC.12.