CHAPTER 1. AGRICULTURAL AMMONIA
IC 15-16
ARTICLE 16. HORTICULTURE CONTROL
IC 15-16-1
Chapter 1. Agricultural Ammonia
IC 15-16-1-1
Application of chapter
Sec. 1. Except as provided in this chapter, this chapter applies toall facilities for the distribution of ammonia or ammonia solutionsthat are located in Indiana.
As added by P.L.2-2008, SEC.7.
IC 15-16-1-2
"Ammonia"
Sec. 2. As used in this chapter, "ammonia" means agriculturalanhydrous ammonia (NH3) fertilizer.
As added by P.L.2-2008, SEC.7.
IC 15-16-1-3
"Ammonia solution"
Sec. 3. As used in this chapter, "ammonia solution" means anagricultural ammonia solution that:
(1) contains by weight at least ten per cent (10%) free ammonia;or
(2) has a vapor pressure of at least one (1) pound per squareinch gauge (PSIG) at one hundred four (104) degreesFahrenheit.
As added by P.L.2-2008, SEC.7.
IC 15-16-1-4
"Distribute"
Sec. 4. As used in this chapter, "distribute" means to:
(1) offer for sale;
(2) sell;
(3) barter; or
(4) supply;
ammonia or ammonia solutions to a person for agricultural purposesas a fertilizer. The term does not include a shipment made to a pointor points outside Indiana.
As added by P.L.2-2008, SEC.7.
IC 15-16-1-5
"Person"
Sec. 5. As used in this chapter, "person" means:
(1) an individual;
(2) a firm;
(3) a partnership;
(4) an association;
(5) a corporation; (6) a company;
(7) a joint stock association;
(8) a body politic;
(9) an organized group of persons whether incorporated or notincorporated;
(10) a trustee;
(11) an assignee; or
(12) any other representative of an entity described insubdivisions (1) through (11).
As added by P.L.2-2008, SEC.7.
IC 15-16-1-6
Administration of chapter
Sec. 6. The state chemist or the state chemist's agent shalladminister this chapter.
As added by P.L.2-2008, SEC.7.
IC 15-16-1-7
Uniform rules; zoning regulations and building codes
Sec. 7. (a) The rules adopted under this chapter must be uniformin force and effect throughout Indiana.
(b) This chapter does not impair the power of a municipality orother political subdivision of this state to regulate the use of land byzoning regulations or building codes.
As added by P.L.2-2008, SEC.7.
IC 15-16-1-8
Ammonia distribution facilities; approval of location; existingfacilities
Sec. 8. (a) Before installing facilities for the distribution ofammonia or ammonia solutions, a person shall, on forms provided bythe state chemist, apply for approval of the location of the proposeddistribution facilities. The application must include a statement thatthe installation will comply with all local zoning regulations andbuilding codes.
(b) If the state chemist determines that the location meets therequirements of this chapter and the rules adopted under this chapter,the state chemist shall issue written approval of the location not laterthan thirty (30) days after receipt of the application. If the statechemist determines that the location does not meet the requirementsof this chapter and the rules adopted under this chapter, the statechemist shall issue written disapproval of the location not later thanthirty (30) days after receipt of the application.
(c) Distribution facilities installed before December 30, 1965, areexempt from the requirements for location approval.
(d) A public way may not be placed closer to an existingdistribution facility than the distance required by rules adopted underthis chapter.
As added by P.L.2-2008, SEC.7.
IC 15-16-1-9
Inspection of facilities; entry onto premises
Sec. 9. (a) The state chemist or the state chemist's agent shallinspect distribution facilities and operating procedures at reasonabletimes and to the extent reasonably necessary to determine whetherthe distribution facility complies with this chapter and the rulesadopted under this chapter.
(b) The state chemist or the state chemist's agent may enter anypublic or private premises at reasonable hours in order to:
(1) have access to and inspect facilities, equipment, andvehicles of transport not principally engaged in interstatecommerce; and
(2) observe procedures used in the distribution, application, oruse of ammonia or ammonia solutions.
As added by P.L.2-2008, SEC.7.
IC 15-16-1-10
Minimum safety standards
Sec. 10. (a) Except as provided in subsection (d), the state chemistshall adopt rules establishing the minimum safety standards for thedesign, construction, location, installation, and operation ofequipment for storage, handling, use, and transportation (nototherwise regulated) of ammonia and ammonia solutions.
(b) The rules described in subsection (a) must be:
(1) reasonably necessary to protect the safety of the public,including persons handling or using the materials; and
(2) in substantial conformity with the current nationallyaccepted standards of safety that apply to the equipmentdescribed in subsection (a).
(c) The state chemist shall adopt the rules described in subsection(a) only after a notice and public hearing.
(d) The state chemist may allow the use of technologies ormethods other than those specified in rules adopted under subsection(a) if the technologies or methods provide similar protection to thepublic and persons handling or using ammonia or ammonia solutions.
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.3.
IC 15-16-1-11
Installation of equipment
Sec. 11. All equipment for the storage, handling, distribution, anduse of ammonia or ammonia solutions must be installed andmaintained:
(1) in a safe operating condition; and
(2) in conformity with the rules adopted under section 10 of thischapter.
As added by P.L.2-2008, SEC.7.
IC 15-16-1-12
Violations; order to correct; extension of time
Sec. 12. (a) If the state chemist or the state chemist's agent finds
a violation of this chapter or the rules adopted under this chapter, thestate chemist or the state chemist's agent may issue an order to theowner, the owner's agent, or the operator of the facility or equipmentinvolved directing that the violation be corrected immediately.
(b) The state chemist or the state chemist's agent shall grant arequest for a reasonable extension of time to comply with an orderdescribed in subsection (a) if:
(1) there is practical difficulty in complying with the order; and
(2) the time extension will not cause a safety hazard to thepublic, including persons who use the facility or equipment.
(c) An order issued under this section must be in writing.
As added by P.L.2-2008, SEC.7.
IC 15-16-1-13
Violations
Sec. 13. A person may not:
(1) install facilities for distribution of ammonia or ammoniasolutions without first obtaining written approval of the statechemist for the location;
(2) distribute ammonia or ammonia solutions from anunapproved location for which approval is required under thischapter;
(3) distribute, store, transport, or use ammonia or ammoniasolutions in violation of this chapter or the rules adopted underthis chapter;
(4) violate a correction order issued under section 12 of thischapter; or
(5) use an ammonia or ammonia solutions container for anypurpose without the prior authorization of the owner of thecontainer.
As added by P.L.2-2008, SEC.7.
IC 15-16-1-14
Violations; prosecution
Sec. 14. (a) A person who knowingly or intentionally violates thischapter commits a Class C misdemeanor.
(b) The prosecuting attorney of any judicial circuit in which aviolation has occurred and to whom the state chemist has reported aviolation shall institute the appropriate proceedings and prosecute theproceedings in a court.
(c) Before the state chemist reports a violation for prosecution asdescribed in subsection (b), the state chemist shall give the personcharged with a violation an opportunity to respond to the charges.The state chemist need not report for prosecution minor violations ofthis chapter if the state chemist believes that the public interest isbest served by another action.
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.4.
IC 15-16-1-15
Injunctions Sec. 15. In addition to any other remedy provided by law, the statechemist may apply for a temporary or permanent injunctionrestraining a person from violating or continuing to violate thischapter or any rule adopted under this chapter. An injunction shall beissued without bond.
As added by P.L.2-2008, SEC.7.