Shown verbatim: the complete text as captured from the official PDF posted by the Indiana General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
Second Regular Session of the 124th General Assembly (2026)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2025 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1361
AN ACT to amend the Indiana Code concerning agriculture and
animals.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 13-11-2-79.5, AS ADDED BY P.L.189-2011,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 79.5. "Fertilizer material", for purposes of
IC 13-18-4-5, has the meaning set forth in IC 15-16-2-11.
IC 15-16-1.5-28.
SECTION 2. IC 15-16-1.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
Chapter 1.5. Fertilizer Definitions
Sec. 1. The definitions in this chapter apply to this chapter,
IC 15-16-2, IC 15-16-2.5, IC 15-16-2.7, IC 15-16-3, IC 15-16-3.3,
and IC 15-16-3.5.
Sec. 2. "Agricultural crop" means any plant or part of a plant,
produced primarily for sale, consumption, propagation, or other
use by humans or animals. The term does not include turf, trees, or
ornamental plants.
Sec. 3. "Agronomic rate" means a rate of application of
fertilizer material to the land based on the following:
(1) The nutrient content of the fertilizer material to be
applied.
(2) The fertility level of the soil.
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(3) The nutrient needs of the current or planned crops.
(4) The nutrient holding capacity of the soil.
(5) Additional sources of nutrients, including legume credits,
process wastewater, or biosolids.
(6) Reasonable nitrogen losses.
(7) Reasonable phosphorus levels.
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.
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 for a total
of forty-five (45) days or more in any twelve (12) month
period.
(2) Crops, vegetation, forage growth, or post-harvest residues
are not sustained in the normal growing season over at least
fifty percent (50%) of the lot or facility.
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.
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 one hundred four (104)
degrees Fahrenheit.
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
advanced wastewater treatment processes.
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(2) A material derived from biosolid.
(3) An industrial waste product that contains domestic sewage
or material under subdivision (1) or (2).
(b) The term does not include:
(1) ash generated during the firing of a biosolid in a biosolid
incinerator; or
(2) grit and screenings generated during preliminary
treatment of domestic sewage in a treatment works.
Sec. 8. "Blender" means a person or system engaged in the
business of blending commercial fertilizer.
Sec. 9. "Blending" means the physical mixing or combining:
(1) of one (1) or more commercial fertilizers and one (1) or
more filler materials;
(2) of two (2) or more commercial fertilizers; or
(3) of two (2) or more commercial fertilizers and filler
materials;
including mixing through the simultaneous or sequential
application of any of the combinations referred to in subdivision
(1), (2), or (3) to produce a uniform mixture.
Sec. 10. "Board" refers to the Indiana fertilizer advisory board
established by IC 15-16-2-25.
Sec. 11. "Brand" means a term, design, or trademark used in
connection with at least one (1) grade of commercial fertilizer or
manure based fertilizer.
Sec. 12. "Bulk fertilizer" means a commercial fertilizer
distributed in nonpackaged form.
Sec. 13. "Certified applicator" means an individual who has
been issued a certificate or licensing credential under IC 15-16-2.5
or IC 15-16-3 to use fertilizer material. The term includes
commercial applicators and private applicators.
Sec. 14. "Commercial applicator license" means the licensing
credential issued annually to a certified applicator who:
(1) uses; or
(2) supervises the use of;
fertilizer material for purposes of producing an agricultural crop
on the property of another person for hire.
Sec. 15. "Commercial fertilizer" means mixed fertilizer or
fertilizer materials. The term does not include nonprocessed
manure, marl, lime, wood ashes, biosolids, industrial waste
products, pollutant-bearing water, or plaster.
Sec. 16. "Confined feeding operation" and "CFO" mean any of
the following:
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(1) Any operation that confine feeds at least:
(A) three hundred (300) cattle;
(B) six hundred (600) swine or sheep;
(C) thirty thousand (30,000) fowl; or
(D) five hundred (500) horses.
(2) An animal feeding operation electing to be subject to
IC 13-18-10.
(3) An animal feeding operation that causes a violation of:
(A) water pollution control laws;
(B) any rules of the water pollution control board; or
(C) IC 13-18-10.
(4) An animal feeding operation located outside of Indiana
that would be a confined feeding operation if located in
Indiana.
Sec. 17. "Continuing certification hour" and "CCH" mean one
(1) hour of fertilizer material related instruction or training for a
certified applicator that has been evaluated and approved by the
state chemist.
Sec. 18. "Custom blend" means a commercial fertilizer blended:
(1) according to specifications provided to a blender in a soil
test nutrient recommendation; or
(2) to meet specific requests of a consumer, who is the end
user, before blending.
Sec. 19. "Discharge" means a release of fluid or dry bulk
fertilizer into either a secondary containment or operational
containment area at a storage facility.
Sec. 20. "Distribute" means to:
(1) offer for sale;
(2) sell;
(3) exchange;
(4) barter;
(5) supply; or
(6) offer to supply;
fertilizer material.
Sec. 21. "Distributor" means a person that:
(1) offers for sale;
(2) sells;
(3) barters; or
(4) supplies;
commercial fertilizers or manure based fertilizers.
Sec. 22."Drainage inlet" means any surficial opening to an
underground agricultural tile drainage system that drains surface
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waters. The term includes water and sediment control basins.
Sec. 23. "Dry bulk fertilizer" means nonfluid commercial
fertilizer in an undivided quantity exceeding two hundred (200)
pounds.
Sec. 24. "Elephant ring" means a storage container with an
open top serving as a secondary containment vessel into which a
smaller primary storage container is placed.
Sec. 25. "Facility" means all land, buildings, equipment,
structures, and other stationary items that are located on a single
site or on contiguous sites and that are owned or operated by the
same person or by any person that controls, is controlled by, or is
under common control with the person.
Sec. 26. "Fertilizer application plan" means a written annual or
multi-year plan for nutrient application at agronomic rates for
producing an agricultural crop.
Sec. 27. "Fertilizer business license" means the licensing
credential issued annually to a person that is engaged in
distributing or using fertilizer material on the property of another
person for hire.
Sec. 28. (a) "Fertilizer material" means any substance
containing nitrogen, phosphate, potash, or any recognized plant
nutrient that:
(1) is used for the plant nutrient content; and
(2) has nutrient value in promoting plant growth.
The term includes unmanipulated manure.
(b) The term does not include biosolids, industrial waste
products, pollutant-bearing water, or plaster.
Sec. 29. "Field operations" means the application of dry bulk
fertilizer or fluid bulk fertilizer to soil or plants in the course of
normal agricultural or horticultural practice.
Sec. 30. "Filter strip" means a vegetative area between a surface
water body and an agricultural production field with a minimum
width of fifty (50) feet and designed and maintained to intercept
surface water runoff.
Sec. 31. "Floodway" has the meaning set forth under
IC 14-8-2-102.
Sec. 32. "Fluid bulk fertilizer" means fluid fertilizer in an
undivided quantity exceeding fifty-five (55) gallons.
Sec. 33. "Fluid fertilizer" means commercial fertilizer in liquid
form and includes solutions, emulsions, suspensions, and slurries.
The term does not include anhydrous ammonia.
Sec. 34. "Grade" means the minimum percentages of the
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following elements stated in the following order:
(1) Total nitrogen (N).
(2) Available phosphate (P2O5).
(3) Soluble potash (K2O).
Sec. 35. "Gradient barrier" means a structure or feature that
prevents runoff from entering surface waters.
Sec. 36. "Guaranteed analysis" means the minimum percentage
of plant nutrients claimed. Recognized plant nutrients including
the following:
(1) Total nitrogen (N).
(2) Available phosphate (P2O5).
(3) Soluble potash (K2O).
(4) Calcium (Ca).
(5) Magnesium (Mg).
(6) Sulfur (S).
(7) Boron (B).
(8) Chlorine (Cl).
(9) Cobalt (Co).
(10) Copper (Cu).
(11) Iron (Fe).
(12) Manganese (Mn).
(13) Molybdenum (Mo).
(14) Nickel (Ni).
(15) Sodium (Na).
(16) Zinc (Zn).
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 Conservation Service and Farm Service Agency
maps.
Sec. 38. "Incorporation" means the mixing of fertilizer material
with the surface soil using standard agricultural practices,
including tillage.
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.
Sec. 40. "Inorganic fertilizer" means any fertilizer material:
(1) manufactured by means of a man made chemical reaction;
and
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(2) that does not contain any plant or animal products,
manures or renderings.
The term includes urea.
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.
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 includes the application of commercial fertilizer
individually or in combination with a pesticide (as defined in
IC 15-16-4-30).
Sec. 43. "Licensee", for purposes of IC 15-16-3, means a person
that has been issued a license under IC 15-16-3.
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, commonly referred to as
twenty-eight percent (28%), thirty percent (30%), or thirty-two
percent (32%) nitrogen solutions.
Sec. 45. "Manipulated organic fertilizer" means any organic
fertilizer that is not manure.
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 area commingled with the materials listed in
subdivisions (1) through (3).
(5) Any precipitation or surface water that has come into
contact with the materials listed in subdivisions (1) through
(3).
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Sec. 47. "Manure based fertilizer" means processed manure
based commercial fertilizer with a manure content of at least
seventy-five percent (75%).
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.
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.
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.
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.
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, industrial waste products, pollutant-bearing
water, or urea.
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.
Sec. 54. "Percent" or "percentage" means the percentage by
weight.
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.
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Sec. 56. "Primary containment" means the storage of fluid bulk
fertilizer in storage containers at a storage facility.
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
applicator.
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.
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 marketed for consideration without
a guaranteed analysis.
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:
(A) storage;
(B) handling;
(C) treatment; or
(D) disposal;
of mortalities.
(b) For purposes of subsection (a), an animal confinement area
includes the following:
(1) An open lot.
(2) A housed lot.
(3) A feedlot.
(4) A confinement house.
(5) A stall barn.
(6) Free stall barns.
(7) A milkroom.
(8) A milking center.
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(9) Cow yards.
(10) Barnyards.
(11) A medication pen.
(12) A walker.
(13) An animal walkway.
(14) A stable.
(c) For purposes of subsection (a), a manure storage area
includes the following:
(1) A lagoon.
(2) A runoff pond.
(3) A storage shed.
(4) A stockpile.
(5) An under-house or pit storage.
(6) A liquid impoundment.
(7) A static pile.
(8) A composting pile.
(d) For purposes of subsection (a), a raw materials storage area
includes the following:
(1) A feed silo.
(2) A silage bunker.
(3) Bedding materials.
(e) For purposes of subsection (a), a waste containment area
includes the following:
(1) A settling basin.
(2) An area within berms and diversions that separates
uncontaminated storm water.
Sec. 60. "Public water supply surface intake structure" means
any structure used for the purpose of providing water through a
public water supply system.
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 connections.
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.
Sec. 63."Saturated ground" means soil soaked with moisture so
that the soil cannot absorb any more liquid.
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Sec. 64. "Secondary containment" means any structure,
including a dike, used to contain fertilizer discharges from bulk
storage containers and prevent runoff or leaching.
Sec. 65. "Sell" or "sale" includes exchange.
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.
Sec. 67. "Specialty fertilizer" means a commercial fertilizer
distributed for nonfarm use.
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 the surface and enter the soil.
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);
not regulated under IC 13-18-10.
Sec. 70. "State chemist" means the Indiana state chemist or an
agent appointed by the state chemist.
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.
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 container storing fluid bulk fertilizer at a storage
facility for less than fifteen (15) days, if this storage is
incidental to the loading or unloading of a storage container
at the storage facility.
(2) A mobile container located other than on property owned,
operated, or controlled by an owner or operator of a storage
facility.
(3) A container used solely for emergency storage of leaking
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fertilizer containers.
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 quantities exceeding twelve
(12) tons;
is held in storage.
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.
Sec. 75. "Surface application" means the placement of fertilizer
material by spraying or spreading onto the land surface.
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) Temporary ponding in an agricultural crop growing area.
(2) Temporary puddles.
(3) Farmed wetlands.
(4) Private ponds that:
(A) are under the care, custody, and control of the person
applying or ordering the application of fertilizer material;
and
(B) do not have an outfall to other surface waters.
Sec. 77. "Tank mixed liquid fertilizer" means a fluid mixture of
commercial fertilizer and water in which the total nutrient content
of the mixture does not exceed the amount determined by the state
chemist under IC 15-16-3-21.
Sec. 78. "Ton" means a net weight of two thousand (2,000)
pounds avoirdupois.
Sec. 79. "Trained employee" means any individual who:
(1) is operating as an employee, agent, or contractor of a
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certified applicator; and
(2) has received training required under IC 15-16-2.5-5(b) to
use fertilizer material under the supervision of the certified
applicator.
Sec. 80. (a) "Use", except as provided in subsection (b), means
the placement or usage of fertilizer materials on a targeted
growing area.
(b) "Use", for purposes of IC 15-16-2.7, means the:
(1) application of fertilizer material on an agricultural crop
growing area;
(2) handling of fertilizer materials; or
(3) transportation of fertilizer materials.
SECTION 3. IC 15-16-2-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 0.5. Nothing in this chapter impairs any authority
granted to the Indiana department of environmental management
under IC 13-13-5-1(1).
SECTION 4. IC 15-16-2-1.5 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 1.5. (a) As used in this section, "manure based fertilizer"
means processed manure based commercial fertilizer with a manure
content of at least seventy-five percent (75%).
(b) Except as provided in subsection (c) and sections 35 and 36 of
this chapter, this chapter does not apply to manure based fertilizer.
(c) The state chemist shall adopt rules under IC 4-22-2:
(1) regulating the distribution of manure based fertilizer; and
(2) establishing fees for the distribution of manure based
fertilizer.
SECTION 5. IC 15-16-2-2.5 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 2.5. As used in this chapter, "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.
SECTION 6. IC 15-16-2-3 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 3. As used in this chapter, "blender" means a person or
system engaged in the business of blending commercial fertilizer.
SECTION 7. IC 15-16-2-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 3.5. (a) Except as provided in subsection (b), this
chapter applies to any person that:
(1) uses fertilizer material for hire on the property of another
person for purposes of producing an agricultural crop;
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(2) uses organic fertilizer from a confined feeding operation
for purposes of producing an agricultural crop; or
(3) distributes fertilizer material directly to any person
described in this subsection.
(b) This chapter does not apply to any person that:
(1) uses or distributes less than ten (10) cubic yards or four
thousand (4,000) gallons of organic fertilizer obtained from a
confined feeding operation in a calendar year;
(2) uses biosolids on land in Indiana that complies with 327
IAC 6.1; or
(3) distributes inorganic fertilizer to retail facilities.
SECTION 8. IC 15-16-2-4 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 4. As used in this chapter, "blending" means the physical
mixing or combining:
(1) of one (1) or more commercial fertilizers and one (1) or more
filler materials;
(2) of two (2) or more commercial fertilizers; or
(3) of two (2) or more commercial fertilizers and filler materials;
including mixing through the simultaneous or sequential application of
any of the combinations referred to in subdivision (1), (2), or (3) to
produce a uniform mixture.
SECTION 9. IC 15-16-2-5 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 5. As used in this chapter, "board" refers to the Indiana
fertilizer advisory board established by section 25 of this chapter.
SECTION 10. IC 15-16-2-6 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 6. As used in this chapter, "brand" means a term, design, or
trademark used in connection with at least one (1) grade of commercial
fertilizer.
SECTION 11. IC 15-16-2-7 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 7. As used in this chapter, "bulk fertilizer" means a
commercial fertilizer distributed in nonpackaged form.
SECTION 12. IC 15-16-2-8 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 8. As used in this chapter, "commercial fertilizer" means
mixed fertilizer or fertilizer materials. The term does not include
nonprocessed manure, marl, lime, wood ashes, or plaster.
SECTION 13. IC 15-16-2-9 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 9. As used in this chapter, "custom blend" means a
commercial fertilizer blended:
(1) according to specifications provided to a blender in a soil test
nutrient recommendation; or
(2) to meet specific requests of a consumer (who is the end user)
before blending.
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SECTION 14. IC 15-16-2-10 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 10. As used in this chapter, "distributor" means a person
who:
(1) offers for sale;
(2) sells;
(3) barters; or
(4) supplies;
commercial fertilizers.
SECTION 15. IC 15-16-2-11 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 11. As used in this chapter, "fertilizer material" means
any substance containing nitrogen, phosphate, potash, or any
recognized plant nutrient that:
(1) is used for the plant nutrient content; and
(2) has nutrient value in promoting plant growth.
The term includes unmanipulated animal and vegetable manures.
SECTION 16. IC 15-16-2-12 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 12. As used in this chapter, "grade" means the minimum
percentages of the following elements stated in the following order:
(1) Total nitrogen (N).
(2) Available phosphate (P2O5).
(3) Soluble potash (K2O).
SECTION 17. IC 15-16-2-13 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 13. As used in this chapter, "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.
SECTION 18. IC 15-16-2-14 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 14. As used in this chapter, "official sample" means any
sample of commercial fertilizer taken by the state chemist or the state
chemist's agent.
SECTION 19. IC 15-16-2-15 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 15. As used in this chapter, "permit" refers to a permit
issued under section 34 of this chapter to report the tonnage of
commercial fertilizer sold.
SECTION 20. IC 15-16-2-16 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 16. As used in this chapter, "percent" or "percentage"
means the percentage by weight.
SECTION 21. IC 15-16-2-17 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 17. As used in this chapter, "person" means:
(1) an individual;
(2) a partnership;
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(3) an association;
(4) a firm;
(5) a limited liability company; or
(6) a corporation.
SECTION 22. IC 15-16-2-18 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 18. As used in this chapter, "registrant" means a person
who registers commercial fertilizer under this chapter.
SECTION 23. IC 15-16-2-19 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 19. As used in this chapter, "sell" or "sale" includes
exchange.
SECTION 24. IC 15-16-2-20 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 20. As used in this chapter, "specialty fertilizer" means
a commercial fertilizer distributed for nonfarm use.
SECTION 25. IC 15-16-2-21 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 21. As used in this chapter, "storage" means the storage
of bulk fertilizer by a person who:
(1) manufactures or distributes bulk fertilizer; or
(2) stores bulk fertilizer for personal use.
SECTION 26. IC 15-16-2-22 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 22. As used in this chapter, "ton" means a net weight of
two thousand (2,000) pounds avoirdupois.
SECTION 27. IC 15-16-2-23 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 23. As used in this chapter, "use" means the placement
or usage of fertilizer materials on a targeted growing area.
SECTION 28. IC 15-16-2-25, AS AMENDED BY P.L.81-2009,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 25. (a) The Indiana fertilizer advisory board is
established to:
(1) study the regulation of fertilizer material; and
(2) recommend changes to the schedule of civil penalties; and
(3) advise the state chemist on the administration of this chapter.
(b) The board consists of the following members:
(1) Two (2) representatives of the retail fertilizer industry.
(2) One (1) representative of fertilizer manufacturing,
distributing, or manufacturing and distributing.
(3) Two (2) representatives of producers of agricultural crops.
(4) One (1) representative of the lawn care industry.
(5) One (1) representative of the Purdue School of Agriculture.
(6) One (1) representative of a public conservation organization.
(7) One (1) representative of the livestock industry.
(8) The president of the Indiana Plant Food and Agricultural
Chemicals Association, who serves as a nonvoting member.
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(9) One (1) representative of the department of environmental
management, who serves as a nonvoting member.
(10) The fertilizer administrator for the office of the state chemist,
who serves as a nonvoting member.
(11) The engineer specialist for the office of the state chemist,
who serves as a nonvoting member.
(12) One (1) representative of the Indiana state department of
agriculture, who shall serve as a nonvoting member.
(c) The state chemist shall appoint the voting members of the board,
who serve for terms of four (4) years.
(d) Voting members of the board may be appointed for successive
terms at the discretion of the state chemist.
SECTION 29. IC 15-16-2-31.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 31.5. (a) Additional plant
nutrients besides nitrogen (N), phosphate (P2O5), and soluble
potash (K2O), when mentioned or claimed on the:
(1) tag or label;
(2) container; or
(3) written or printed statement that accompanies delivery;
must be registered and guaranteed under section 31 of this chapter.
Guarantees must be made on the elemental basis. The source of
each guaranteed element must be included on the application for
registration.
(b) When a claim for an additional plant nutrient is made on the
label, container, or application for registration, the minimum
percentages that will be accepted for registration are as follows:
Element Percentage
Calcium (Ca) 1.00
Magnesium (Mg) 0.50
Sulfur (S) 1.00
Boron (B) 0.02
Chlorine (Cl) 0.10
Cobalt (Co) 0.0005
Copper (Cu) 0.05
Iron (Fe) 0.10
Manganese (Mn) 0.05
Molybdenum (Mo) 0.0005
Nickel (Ni) 0.0010
Sodium (Na) 0.10
Zinc (Zn) 0.05
(c) Except as provided in subsection (e), the guarantees or
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claims for the additional plant nutrients listed in subsection (b) are
the only ones that will be accepted. Proposed labels and directions
for use of the fertilizer must be furnished with the application for
registration upon request. Any element listed in subsection (b) that
is guaranteed must appear in the order listed, immediately
following the guarantees for the primary nutrients, nitrogen,
phosphorus, and potassium.
(d) A warning or caution statement is required on the label for
any product that contains at least:
(1) three-hundredths percent (0.03%) of boron in a water
soluble form; or
(2) one-thousandth percent (0.001%) of molybdenum.
(e) When any compound of boron is incorporated into a
commercial fertilizer, a special warning tag or statement must be
furnished to the purchaser and must contain the following:
(1) The word "WARNING" in letters at least three-fourths
(3/4) inch in height.
(2) A statement describing the crops for which the fertilizer is
to be used.
(3) A statement declaring use of the fertilizer on any other
crops or under conditions other than those recommended may
result in serious injury to the crops.
The tag or statement must be attached to or printed on the bag or
other container in which the fertilizer is sold. For bulk fertilizers,
the statement must be placed on the invoice or other document that
must accompany delivery and be supplied to the purchaser at the
time of delivery as provided in section 32 of this chapter.
(f) Except for the additional plant nutrients listed in subsection
(b), additional plant food elements or other additives that are
determinable by chemical methods may be guaranteed only by
permission of the state chemist. The state chemist shall grant
permission only if the state chemist determines, with the advice of
the dean of agriculture of Purdue University or the dean's
designee, that the guarantee would not constitute a
misrepresentation and is correct. Additional plant foods that are
guaranteed:
(1) must be included in the guarantee in the form of the
element; and
(2) are subject to inspection and analysis in accordance with
the methods that the state chemist prescribes.
SECTION 30. IC 15-16-2-31.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
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[EFFECTIVE JULY 1, 2026]: Sec. 31.7. (a) When an insecticide, a
herbicide, or any other additive for pest control is added to
fertilizer the product must be registered and guaranteed with
respect to the kind and percentage of each insecticide, herbicide,
and additive and each plant food element.
(b) The label on the bag or other container of a product
described in subsection (a) must prominently state:
(1) the crops for which the product is to be used; and
(2) that the use of the product on any other crops or under
conditions other than those recommended may result in
serious injury to crops.
SECTION 31. IC 15-16-2-32, AS AMENDED BY P.L.81-2009,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 32. (a) The bag or other container in which any
commercial fertilizer is offered for sale, sold, or distributed in Indiana
must have a written or printed statement of the net weight and the
information required by section 31 of this chapter directly on or affixed
to the package.
(b) If the commercial fertilizer is distributed in bulk, the written or
printed statement required by section 31 of this chapter must:
(1) accompany the commercial fertilizer at delivery; and
(2) be supplied to the purchaser at time of delivery.
(c) Any additional information, including printed materials or
a design, that is attached to, appears on, or is associated with the
commercial fertilizer may not conflict with the information
required under this section.
SECTION 32. IC 15-16-2-36, AS AMENDED BY P.L.29-2024,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 36. (a) Notwithstanding any other law, all excess
funds accumulated from the fees collected by:
(1) the state chemist, under this chapter, IC 15-15-2,
IC 15-16-2.5, IC 15-16-4, IC 15-16-5, and IC 15-19-7; and
(2) the state seed commissioner under IC 15-15-1 and
IC 15-15-13;
shall be paid to the treasurer of Purdue University. The funds shall be
administered by the board of trustees of Purdue University.
(b) On approval of the governor and the budget agency, and upon
review of the budget committee, the board of trustees may spend the
excess funds for the construction, operation, rehabilitation, and repair
of buildings, structures, or other facilities used for:
(1) carrying out the purposes of those chapters referred to in
subsection (a) under which the fees are collected; or
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(2) the agricultural programs authorized by law and in support of
the purposes of the chapters referred to in subsection (a).
SECTION 33. IC 15-16-2-38, AS AMENDED BY P.L.99-2012,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 38. (a) The state chemist shall:
(1) sample, inspect, make analysis of, and test commercial
fertilizers distributed within Indiana; and
(2) inspect the storage of bulk fertilizers in Indiana at a time and
place and to such an extent as necessary to determine whether the
bulk fertilizers and their storage are in compliance with this
chapter.
(b) The state chemist may enter upon any public or private premises
during regular business hours in order to have access to:
(1) fertilizer materials; and
(2) plans and records relating to the transportation, storage, sale,
and use of fertilizer materials;
subject to this chapter and the rules adopted under this chapter.
(c) The state chemist shall adopt use the methods of sampling and
analysis for commercial fertilizers from sources that may include are
adopted by AOAC International. In cases of dispute, AOAC
International's methods prevail if AOAC International's methods are
available. However, in cases not covered by AOAC International's
methods, or in cases where methods are available in which
improved applicability has been demonstrated, the state chemist
may adopt appropriate methods from other sources.
(d) The state chemist shall determine for administrative purposes
whether a commercial fertilizer is deficient in plant foods using only
the official sample obtained and analyzed as provided in subsection (c).
(e) The state chemist may request a court to issue subpoenas to
compel:
(1) the attendance of witnesses; or
(2) the production of books, documents, and records;
as part of an authorized investigation or a hearing located in Indiana
affecting the authority or privilege granted by a license, certificate,
application, registration, or permit issued under this chapter.
SECTION 34. IC 15-16-2-44, AS AMENDED BY P.L.189-2011,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 44. (a) The state chemist may adopt rules under
IC 4-22-2 concerning the following:
(1) The distribution and use of fertilizer material, including
standards to protect waters of the state.
(2) The distribution and storage of bulk fertilizers, including
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standards for the storage of bulk fertilizers to protect the waters
of the state.
(b) The state chemist shall adopt rules under IC 4-22-2 concerning
the following:
(1) Subject to subsection (e), the establishment of certification
and educational programs, as determined by the state chemist,
relating to the application of fertilizer material, the transportation
of fertilizer material, or both for the following:
(A) Persons who apply fertilizer material for hire, transport
fertilizer material for hire, or both.
(B) Persons who apply fertilizer material, transport fertilizer
material, or both from the following:
(i) Confined feeding operations (as defined in
IC 13-11-2-40).
(ii) Operations outside Indiana that would be confined
feeding operations (as defined in IC 13-11-2-40) if they
were located in Indiana.
(2) The establishment of fees for the certification and education
programs established under subdivision (1).
(c) (b) The state chemist shall adopt rules under IC 4-22-2 before
July 1, 2012, concerning the staging, management, and land application
of fertilizer material.
(d) Any fees collected for a certification and educational programs
under subsection (b)(1) shall be collected by the state chemist and
deposited and administered under section 44.5 of this chapter.
(e) The state chemist may waive all or part of the certification
requirements established under subsection (b)(1) on a reciprocal basis
with any state agency or federal agency that has substantially the same
certification standards.
SECTION 35. IC 15-16-2-44.5, AS AMENDED BY P.L.29-2024,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 44.5. (a) The state chemist shall pay to the
treasurer of Purdue University all certification and educational program
fees collected under section 44 of this chapter. IC 15-16-2.5-14.
(b) Certification and educational program fees collected under
section 44 of this chapter IC 15-16-2.5-14 must be used to pay all
necessary expenses incurred in carrying out and administering the
certification and educational programs.
(c) Before November 1, 2026, and before November 1 of each
year thereafter, the dean of agriculture of Purdue University shall
make an annual classified report to the:
(1) governor;
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(2) legislative council; and
(3) budget committee;
showing the total receipts and expenditures of all fees received under
this section for the most recently preceding state fiscal year. The
budget committee shall review this report annually.
(d) If the report under subsection (c) is not provided before
November 1, 2026, or before November 1 of any year thereafter, as
required, the fees allowed under this chapter shall expire
December 31 in the year in which the November 1 deadline is not
met.
SECTION 36. IC 15-16-2-44.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 44.7. The state chemist shall
deposit all money collected for civil penalties under this chapter
into an account for the Purdue Pesticide Programs for the purpose
of providing education about fertilizers.
SECTION 37. IC 15-16-2-49.5, AS AMENDED BY P.L.81-2009,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 49.5. (a) If a person violates this chapter or a rule
adopted under this chapter, the state chemist may:
(1) warn, issue a citation to, or impose a civil penalty on the
person; or
(2) deny, suspend, revoke, or amend the person's registration
under this chapter;
(3) refer the person for criminal prosecution; or
(4) refer the person to another appropriate governmental
agency.
However, nothing in this chapter requires the state chemist to
impose a civil penalty for a violation.
(b) The state chemist shall adopt by rule, under IC 4-22-2, a
schedule of civil penalties that may be imposed under subsection (a).
The state chemist may impose a civil penalty only according to a the
schedule of civil penalties recommended by the board. in section 49.6
of this chapter.
(c) A person who knowingly or intentionally violates this chapter
commits a Class A misdemeanor.
SECTION 38. IC 15-16-2-49.6 IS ADDED TO THE INDIANA
CODE A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 49.6. The schedule of civil penalties for
violations of this chapter are as follows:
(1) Each penalty for each violation, if the violation is of a
continuing nature, shall not be imposed for more than one
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hundred eighty (180) days when assessed on a per day basis.
(2) Each penalty for each violation, if the violation is of an
identical repetitive nature, may not be imposed for more than
one hundred eighty (180) incidents when assessed on a per
incident basis.
Legal General Violation Violation
Citation Description of Number Assessment
Violation
1 2 3 and
subsequent
IC Use fraud $250 $500 $1,000 Per incident
15-16-2-43 in applying
and for license,
IC permit, or
15-16-2.5-9 registration.
IC Sell, use, $250 $500 $1,000 Per incident
15-16-2-46 or remove
without
permission a
product placed
under a
stop sale,
use, or
removal order.
The preceding penalty amounts for a violation of IC 15-16-2-46 are
not eligible for a potential mitigation under section 49.8 of this
chapter.
IC Engage in $250 $500 $1,000 Per day
15-16-2.5-2 business
and for hire
IC without a
15-15-2.5-3 business
license.
IC Use $100 $200 $300 Per day
15-16-2.5-2 fertilizer
and material
IC without
15-16-2.5-3 certification.
IC Distribute $250 $500 $1,000 Per day
15-16-2.5-4 fertilizer
material
without a
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business
license.
IC Distribute $100 $200 $300 Per incident
15-16-2.5-4 fertilizer
material
to an
unlicensed
user.
IC Fail to $100 $200 $300 Per incident
15-16-2.5-5 train
employees.
IC Fail to $125 $250 $500 Per day
15-16-2.5-5(d) properly
supervise
employee.
IC Fail to $100 $250 $500 Per incident
15-16-2.7-2(1) develop or
and follow a
IC fertilizer
15-16-2.7-2(2) application
plan.
IC Apply $100 $250 $500 Per incident
15-16-2.7-2(3) fertilizer
material
directly to
surface water.
IC Apply $100 $250 $500 Per incident
15-16-2.7-2(4) fertilizer
material to
saturated
ground.
IC Apply $100 $250 $500 Per incident
15-16-2.7-2(5) fertilizer
material
from a
public road.
The preceding penalty amounts for a violation of IC 15-16-2.7-2(5)
are not eligible for a potential mitigation under section 49.8 of this
chapter.
IC Fail to $250 $500 $1,000 Per incident
15-16-2.7-3 follow
proper
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unmanipulated
organic
fertilizer
application
setback or
incorporation
requirements.
IC Improper $250 $500 $1,000 Per incident
15-16-2.7-4
application of $1,000 Per incident
IC
15-16-2.7-5 unmanipulated $500 Per day
$1,000
IC organic $1,000 Per incident
15-16-2.7-6 $75 and per day
fertilizer to $75 Per incident
IC and per day
15-16-2.7-7 highly erodible Per day
Per day
IC land.
15-16-2.7-8
Improper $250 $500
IC
15-16-2.7-9 application of
IC
unmanipulated
organic
fertilizer to
frozen or snow
covered ground.
Fail to $100 $250
properly
monitor
organic
fertilizer
application.
Fail to $250 $500
properly
stage
inorganic
fertilizer.
Fail to $250 $500
properly
stage
organic
fertilizer.
Fail to $25 $50
keep proper
distribution
records.
Fail to $25 $50
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15-16-2.7-10 keep proper
application
records.
IC Make false $250 $500 $1,000 Per incident
15-16-2.7-9 records.
and
IC
15-16-2.7-10
The preceding penalty amounts for a violation of IC 15-16-2.7-9 or
IC 15-16-2.7-10 are not eligible for a potential mitigation under
section 49.8 of this chapter.
IC Fail to $100 $250 $500 Per incident
15-16-2.7-11 make
records
available.
The preceding penalty amounts for a violation of IC 15-16-2.7-11
are not eligible for a potential mitigation under section 49.8 of this
chapter.
IC Operate $100 $200 $300 Per incident
15-16-3.3-1(e) storage
containers or
appurtenances
with an
improper
design.
IC Store a $250 $500 $1,000 Per day
15-16-3.3-2 fertilizer in
an underground
bulk container.
IC Abandon a $250 $500 $1,000 Per incident
15-16-3.3-3 bulk storage
container
improperly.
IC Store a $100 $200 $300 Per incident
15-16-3.3-1 fertilizer in
and a bulk
IC container made
15-16-3.3-4 of improper
design or
materials.
IC Fail to $100 $250 $500 Per incident
15-16-3.3-5(a) anchor
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bulk storage
containers
properly.
IC Fail to $100 $250 $500 Per incident
$300 Per incident
15-16-3.3-6 provide bulk $50 Per day
$150 Per incident
container
$100 Per incident
security. $300 Per day
$1,000 Per incident
IC Fill bulk $100 $200 $300 Per day
15-16-3.3-7 container $300 Per day
beyond
intended
capacity.
IC Fail to $50 $50
15-16-3.3-8 support or
contain
appurtenances.
IC Fail to $50 $100
15-16-3.3-9 provide a
liquid level
device or
secure liquid
level gauge.
IC Fail to $25 $50
15-16-3.3-10 properly label
bulk container.
IC Fail to $100 $200
15-16-3.3-11 maintain bulk
container or
appurtenance.
IC Fail to carry $250 $500
15-16-3.3-12(b) out operational
area activities
within contained
area.
IC Operate $100 $200
15-16-3.3-12(c) operational area
containment with
improper design,
construction, or
capacity.
IC Operate $100 $200
15-16-3.3-12(e) operational
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area with a
valve, or
improper
pump.
IC Fail to $100 $200 $300 Per incident
$300 Per incident
15-16-3.3-12(f) remove $300 Per day
$1,000 Per day
liquids $300 Per day
$300 Per day
promptly from $300 Per day
operational area
containment.
IC Fail to $100 $200
15-16-3.3-12(g) protect storage
containers and
appurtenances
from damage
by vehicles.
IC Fail to $100 $200
15-16-3.3-12(i) maintain
operational
area containment.
IC Store a $250 $500
15-16-3.3-13(a) bulk container
outside of
secondary
containment.
IC Fail to $100 $200
15-16-3.3-13(b) separate fertilizer
secondary
containment
from other
materials.
IC Fail to $100 $200
15-16-3.3-13(c) maintain
and required
IC capacity for
15-16-3.3-22(b) secondary
containment.
IC Operate $100 $200
15-16-3.3-13(f) secondary
containment
with tile
drainage within
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or under the
containment.
IC Operate $100 $200 $300 Per day
$300 Per day
15-16-3.3-14(a) secondary
$300 Per day
containment with $300 Per day
$300 Per day
improperly $100 Per day
constructed
or sealed walls.
IC Operate $100 $200
15-16-3.3-15, secondary
IC containment
15-16-3.3-16, with improperly
IC constructed
15-16-3.3-17, or sealed
IC base.
15-16-3.3-18,
or IC
15-16-3.3-19
IC Operate an $100 $200
15-16-3.3-21 improperly
designed,
constructed,
or maintained
elephant ring.
IC Operate $100 $200
15-16-3.3-22(a) secondary
containment
with a relief
outlet, valve,
or improper
pump.
IC Fail to $100 $200
15-16-3.3-23(a) maintain
secondary
containment.
IC Fail to $25 $50
15-16-3.3-23(b) maintain
secondary
containment
free of
debris and
foreign matter.
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IC Store dry $250 $500 $1,000 Per day
15-16-3.3-24(a) bulk
fertilizer in
an unsound
manner.
IC Fail to $250 $500 $1,000 Per incident
15-16-3.3-24(b) provide a
dry fertilizer
operations
pad.
IC Fail to $50 $100 $150 Per year
15-16-3.3-25 notify the
state chemist
annually of
the bulk
storage facility
location and
status.
355 Supervise $100 $100 $100 Per day and
IAC more than per person
7-3-4 10 employees.
SECTION 39. IC 15-16-2-49.7 IS ADDED TO THE INDIANA
CODE A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 49.7. For purposes of imposing civil penalties
under this chapter, the state chemist shall comply with the
following when determining the violation number and the count of
violations:
(1) Only violations committed within the immediate past five
(5) years of the date of the violation being addressed will be
considered.
(2) A person's violation numbers shall accumulate as first,
second, third, and so on independently for each violation
listed on the schedule.
(3) When multiple different but similar or related violations
are committed by a single distinguishable act or failure to act,
only one (1) of those violations may be subject to a civil
penalty for that act. This subdivision is intended to avoid
duplicating civil penalty assessment for violation of multiple
provisions of the statute or rule that may be essentially the
same or closely related. This subdivision is not intended to
limit in any way civil penalty assessment for violations that
are the result of more than one (1) distinguishable unrelated
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act or failure to act or a violation of a continuing or repetitive
nature.
(4) When civil penalty assessment procedures outlined in
subdivision (3) are being followed, the state chemist shall use
the appropriate violation with the highest penalty listed on the
schedule.
SECTION 40. IC 15-16-2-49.8 IS ADDED TO THE INDIANA
CODE A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 49.8. (a) Except as provided in section 49.6 of
this chapter, the amount of a civil penalty in section 49.6 of this
chapter may be adjusted downward to reflect particular mitigating
factors. Some factors that may be considered are the following:
(1) Good faith efforts of the violator to comply.
(2) Cooperation by the violator with the state chemist during
the investigation process.
(3) The violator's history of compliance.
(4) The potential for damage.
(5) Remedial or corrective action taken by the violator.
(b) The state chemist may subject the violator to the full amount
of the nonmitigated civil penalty if the violator fails to pay the full
amount of any previously mitigated civil penalty by the date
prescribed by the state chemist.
SECTION 41. IC 15-16-2-50, AS AMENDED BY P.L.81-2009,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 50. (a) Except as provided in subsection (b), a
political subdivision (as defined in IC 36-1-2-13) does not have
authority to regulate by ordinance the storage or use of fertilizer
material.
(b) A political subdivision may, by resolution, petition the state
chemist for a hearing to allow a waiver to adopt an ordinance because
of special circumstances relating to the storage or use of fertilizer
material. If a petition is received, the state chemist shall hold a public
hearing to consider allowing the waiver requested. The public hearing
must be conducted in an informal manner. IC 4-21.5 does not apply to
a public hearing under this section.
(c) The petitioner in the public hearing must present evidence
that supports the request for a waiver to adopt an ordinance. All
evidence shall be received fourteen (14) days prior to the hearing
date. The petitioner has the burden of showing the need for the
requested waiver. The evidence must include the following:
(1) A clear, detailed statement of the problem being
addressed.
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(2) The special circumstances that exist that warrant a waiver.
(3) The specific political entity that will be covered by the
request.
(4) Any resources of the state that would be protected by the
request, including a specific stream, river, lake, or pond.
(5) Current site specific scientific data, including applicable
soil and water tests, that support the request.
(6) Previous mitigation methods or steps implemented.
(7) Educational efforts undertaken to address the concern.
(8) A copy of the proposed ordinance.
(d) In reaching a decision to approve or deny the waiver, the
state chemist shall consider the following:
(1) Whether the scientific evidence supports the claims being
made in the petition.
(2) Whether the measures proposed in the petition will likely
correct the purported problem or significantly reduce
environmental impacts.
(3) Whether the proposed ordinance corrects the problem in
the narrowest scope possible.
(4) Whether the ordinance will impose an undue burden upon
the persons regulated.
(5) Whether scientifically based maintenance levels of
nutrient applications would still be allowed by the ordinance.
(6) Acceptable fertilizer management practices.
(e) The state chemist may not consider the following factors in
making a decision on whether to approve or deny the waiver:
(1) The economic impact.
(2) The odor.
(f) In reaching a decision on whether to approve or deny the
waiver, the state chemist may consult, in addition to the material
received from the petitioner, the following:
(1) The board.
(2) Scientifically based materials provided by the College of
Agriculture at Purdue University.
(3) Other sources deemed necessary by the state chemist.
The state chemist shall prepare a written decision, with stated
reasons, either allowing or denying the waiver within ninety (90)
days after review.
SECTION 42. IC 15-16-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
Chapter 2.5. Distributors and Users of Fertilizer Material
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Sec. 1. (a) Except as provided in subsection (b), this chapter
applies to any person that:
(1) uses fertilizer material for hire on the property of another
person for purposes of producing an agricultural crop;
(2) uses organic fertilizer from a confined feeding operation
for purposes of producing an agricultural crop; or
(3) distributes fertilizer material directly to any person
described in this subsection.
(b) This chapter does not apply to any person that:
(1) uses or distributes less than ten (10) cubic yards or four
thousand (4,000) gallons of organic fertilizer obtained from a
confined feeding operation in a calendar year;
(2) uses biosolids, industrial waste products, and
pollutant-bearing water on land in Indiana that comply with
327 IAC 6.1; or
(3) distributes inorganic fertilizer to retail facilities.
Sec. 2. Fertilizer material used for hire on the property of
another person for purposes of producing an agricultural crop
must be used by:
(1) an individual who has a valid commercial applicator
license; or
(2) an individual who:
(A) is a trained employee; and
(B) is operating under the supervision of a certified
applicator.
Sec. 3. Organic fertilizer from a confined feeding operation used
for purposes of producing an agricultural crop must be used by:
(1) an individual who has a valid:
(A) commercial applicator license; or
(B) private applicator certification; or
(2) an individual who:
(A) is a trained employee; and
(B) is operating under the supervision of a certified
applicator.
Sec. 4. Fertilizer material distributed for the purpose of
producing an agricultural crop must be distributed:
(1) by a person that has a valid fertilizer business license; and
(2) to a person that has a valid:
(A) fertilizer business license;
(B) commercial applicator license; or
(C) private applicator certification.
Sec. 5. (a) Fertilizer materials covered by IC 15-16-2 and this
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chapter may be used by a noncertified trained employee who is
working under the supervision of a certified applicator affiliated
with the person performing the use or distribution.
(b) The training required in this section must be:
(1) identified and approved by the state chemist; and
(2) repeated by the noncertified trained employee when that
individual moves from one employer to a different employer.
(c) The supervising certified applicator is responsible for the
following:
(1) Ensuring that the noncertified employee has received the
training required in this section.
(2) Keeping a record of the employee training required in this
section.
(3) Providing the supervised noncertified trained employee
with the means and instructions to:
(A) establish direct voice communication during the use or
distribution of fertilizer material; and
(B) immediately contact the Indiana department of
environmental management to report any fertilizer
material spill that may threaten waters of the state.
(4) Making work assignments to the supervised noncertified
trained employee.
(5) Knowing the status of the work assignments made to
supervised trained employee.
(d) A certified applicator may not supervise more than ten (10)
noncertified trained employees at any time.
Sec. 6. (a) An individual may become eligible to be a certified
applicator by passing the certification examination described in
subsection (b).
(b) The certification examination must be a written, closed book
examination developed by the state chemist. The minimum passing
score for the examination is seventy-five percent (75%) unless
another minimum passing score has been established by the state
chemist after consideration of the recommendations of the
standards committee described in subsection (c).
(c) The state chemist shall appoint a standards committee to
develop certification subject matter and standards for the certified
applicator certification examination. Members of the committee
include, at a minimum, individuals representing the following:
(1) The state chemist.
(2) The Purdue University cooperative extension service.
(3) The inorganic fertilizer industry.
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(4) The organic fertilizer industry.
(d) A certified applicator's certification eligibility remains in
force from the date of completing the requirements in subsection
(a) through December 31 of the fourth year following the year
during which the requirements were met.
(e) The state chemist shall specify examination procedures that
must be followed by any individual taking an examination under
this section. Failure to comply with these procedures or any
unauthorized assistance provided by or received by an individual
during the examining period shall be cause for immediate
termination of the examining process for all involved individuals
and the involved individuals may not take the certified applicator
examination for five (5) years.
Sec. 7. (a) An individual may become eligible for certified
applicator certification renewal by completing one (1) of the
following:
(1) Passing the written examination for initial certification
under section 6 of this chapter.
(2) Accumulating at least three (3) fertilizer material
continuing certification hours (CCHs) before the expiration
of the individual's certification period.
(3) Attending at least three (3) fertilizer material private
applicator recertification programs (PARPs) before the
expiration of the individual's certification period.
(b) An individual may accumulate CCHs or PARPs only after
the individual is certified.
(c) An individual may accumulate a maximum of two (2)
fertilizer material CCH or PARP credits in any one (1) year of the
individual's five (5) year certification period.
(d) Credit for accumulating in excess of three (3) fertilizer
material CCH or PARP credits do not carry forward to the next
certification period.
(e) Eligibility for renewed certified applicator certification
remains in force through December 31 of the fifth year following
renewal unless the individual's certification is revoked or
suspended before that date.
Sec. 8. (a) The state chemist is responsible for evaluating all
instruction and training opportunities submitted for consideration
of approval for CCH and PARP credits.
(b) Training and instruction may be evaluated and approved for
both CCH and PARP credits.
(c) All requests for CCH or PARP approval by the state chemist
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must be submitted as follows:
(1) At least twenty-one (21) days before the date that the
instruction or training event will occur.
(2) In a format determined by the state chemist.
(3) By an individual directly responsible for the CCH
instruction or training event.
(4) By the county extension educator with the Purdue
Cooperative Extension Service for the PARP instruction or
training.
(d) The state chemist shall use the following criteria to evaluate
and approve the instruction and training events for CCH and
PARP:
(1) The event must be open to all certified applicators.
(2) Except as provided in subdivision (3), any costs or
participation fees to cover expenses incurred by the training
providers must be the same for all certified applicators
attending.
(3) Professional educational organizations claiming Internal
Revenue Service 501(c) status and governmental
organizations may charge variable participation fees.
(4) The event may not be in-house training.
(5) The venue must be large enough to accommodate a
reasonable number of certified applicators from outside the
immediate organization facilitating the instruction or
training.
(6) The event must be open without fee or charge to the state
chemist for monitoring.
(7) The event must have an effective mechanism for the
person responsible for the training to verify participation of
each certified applicator from the start to the conclusion of
the CCH or PARP event.
(8) The event must include at least one (1) state chemist
approved regulatory topic.
(9) Subject matter and content must include at least one (1) of
the following:
(A) Fertilizer material storage.
(B) Fertilizer material chemistry.
(C) Fertilizer material equipment calibration and
maintenance.
(D) Fertilizer material use.
(E) Fertilizer material transportation.
(F) Fertilizer material application development and
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implementation.
(G) Spill response procedures.
(H) Public and customer safety.
(I) Public and customer concerns.
(J) Applicator safety.
(K) Environmental safety.
(L) Environmental issues.
(M) Employee training.
(N) Associated state and federal laws or regulations
affecting fertilizer materials or fertilizer material
applicators.
(10) Subject matter and content may not include any of the
following:
(A) Product or service sales or promotions.
(B) Employee hiring or retention.
(C) General business practices.
Sec. 9. (a) A certified applicator who makes a false or fraudulent
report or in any way misrepresents the applicator's participation
in the certification renewal process is subject to the following:
(1) Revocation of all accumulated CCH and PARP credits to
date.
(2) The penalties allowed under IC 15-16-2-49.5.
(b) A person who makes a false or fraudulent report or in any
way misrepresents information that is part of the certification
renewal process is subject to the following:
(1) Revocation of authority and privilege to participate in any
future CCH or PARP events.
(2) The penalties allowed under IC 15-16-2-49.5.
Sec. 10. (a) A person applying for a fertilizer business license
must submit the following:
(1) An application to the state chemist on a form provided by
the state chemist.
(2) Except for a person that has paid a pesticide fee under
IC 15-16-5-48 for the current year, a fee of forty-five dollars
($45) to the state chemist.
(b) An individual applying for a commercial applicator license
must do the following:
(1) Meet the certification standards described in section 6(a)
of this chapter.
(2) Submit an application to the state chemist on a form
provided by the state chemist.
(3) Except for a person who has paid a pesticide commercial
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applicator license fee under IC 15-16-5-52 for the current
year, submit a fee of forty-five dollars ($45) to the state
chemist.
(c) An individual applying for a private applicator certification
credential must do the following:
(1) Meet the certification standards described in section 6(a)
of this chapter.
(2) Submit an application to the state chemist on a form
provided by the state chemist.
(3) Except for a person who has paid a pesticide private
applicator permit fee under IC 15-16-5-54 for the current
certification period, submit a fee of twenty dollars ($20) to the
state chemist.
(d) If the state chemist does not issue a license or certification to
a person who applied for a license or certification described under
this chapter, the state chemist shall inform the person in writing of
the reason the license or certification was not issued.
(e) A person who has been issued a license or certification under
this chapter:
(1) shall notify the state chemist in writing within ten (10)
days after a change in or termination of the person's
employment or status as a licensed or certified applicator;
and
(2) may apply to the state chemist to transfer or amend the
person's license or certification by submitting an updated
application form described in this section.
(f) A license issued under subsection (a) or (b) expires on
January 1 of each year.
(g) A certification issued under subsection (c) expires on
January 1 of the fifth year following the year of issuance.
Sec. 11. A person who:
(1) is required to pay a fee under this chapter to the state
chemist; and
(2) does not pay the fee by the date the fee is due;
shall pay a penalty fee to the state chemist equal to one hundred
percent (100%) of the required fee at the time the person pays the
required fee.
Sec. 12. The state chemist may adopt rules under IC 4-22-2
concerning the following:
(1) Subject to section 13 of this chapter, the establishment of
certification and educational programs, as determined by the
state chemist, relating to the application of fertilizer material,
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the transportation of fertilizer material, or both for the
following:
(A) Persons who apply fertilizer material for hire,
transport fertilizer material for hire, or both.
(B) Persons who apply fertilizer material, transport
fertilizer material, or both from confined feeding
operations.
(2) The establishment of fees for the certification and
educational programs established under subdivision (1).
Sec. 13. The state chemist may waive all or part of the licensure
and certification requirements established under section 10 of this
chapter on a reciprocal basis with any state agency or federal
agency that has substantially the same certification standards.
Sec. 14. (a) Any fees collected for certification or educational
programs under this chapter shall be collected by the state chemist
and deposited with the treasurer of Purdue University and must be
used to pay all necessary expenses incurred in carrying out and
administering the certification and educational programs.
(b) The fees deposited under this section must be included in the
annual report prepared under IC 15-16-2-44.5(c).
SECTION 43. IC 15-16-2.7 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
Chapter 2.7. Distributors and Users of Fertilizer Material for
Agricultural Crops
Sec. 1. (a) Nothing in this chapter impairs any authority granted
to the Indiana department of environmental management under
IC 13-13-5-1(1).
(b) Except as provided in subsection (c), this chapter applies to
any person that:
(1) uses; or
(2) distributes;
fertilizer material for the purposes of producing an agricultural
crop.
(c) This chapter does not apply to any person that uses or
distributes less than ten (10) cubic yards or four thousand (4,000)
gallons of fertilizer material in a calendar year.
(d) This chapter is in addition to any rules passed by the water
pollution control board regulating confined feeding operations. To
the extent that provisions of those rules require conditions or
actions that are more stringent than any of the provisions in this
chapter, operations that have a confined feeding operation or a
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National Pollutant Discharge Elimination System (NPDES) permit
approval must comply with the more stringent provision.
Compliance with the more stringent provision satisfies the similar
requirement of this chapter.
Sec. 2. A person applying fertilizer material for the purposes of
producing an agricultural crop shall:
(1) develop a fertilizer application plan before applying
fertilizer material;
(2) apply fertilizer material in accordance with the fertilizer
application plan for the target application site;
(3) not apply fertilizer material directly to surface water;
(4) not apply fertilizer material to saturated ground; and
(5) not apply fertilizer material from a public road.
Sec. 3. (a) Unless there is a gradient barrier and a minimum
setback of ten (10) feet or a filter strip with a minimum width of
fifty (50) feet located between the application site and any of the
known features in the following table, a person shall apply
unmanipulated organic fertilizer according to the setback distances
as follows:
Unmanipulated Organic Fertilizer Application Setback Distances
(in feet)
Liquid –
Surface Application
Known Liquid – Liquid – < 6% >6%
Feature Injection Incorporation; Slope; Slope
or Surface or
Single Pass Application Residue
Incorporation (solid or Cover
(liquid/solid) compost); or
Surface
Application
to Pasture
Public 500 500 500 500
Water
Supply
Wells and
Surface
Intake
Surface 25 50 100 200
Waters
Sinkholes 25 50 100 200
Water 50 50 100 200
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Wells
Drainage 5 50 100 200
Inlets
Property 0 10 50 50
Lines and
Public
Roads
(b) All setback distances described in the table under subsection
(a) shall be measured from the edge of the area of actual
application of unmanipulated organic fertilizer on the ground.
(c) The term "liquid incorporation", as used in the table under
subsection (a), means only unmanipulated organic fertilizer that
has been incorporated into the soil within twenty-four (24) hours
of application.
Sec. 4. A person may not apply unmanipulated organic fertilizer
to highly erodible land, unless the land has:
(1) at least forty percent (40%) crop residue; or
(2) a vegetative cover crop.
Sec. 5. (a) Except as provided in subsection (b), a person may
not apply unmanipulated organic fertilizer to frozen or snow
covered ground as follows:
(1) Within two hundred (200) feet of surface water.
(2) Within a floodway.
(3) In an amount that exceeds fifty percent (50%) of the
agronomic rate for the planned crop.
(4) With greater than two percent (2%) slope unless the
ground has:
(A) at least forty percent (40%) crop residue; or
(B) a vegetative cover crop.
(b) A person is not prohibited from applying unmanipulated
organic fertilizer under this section if the unmanipulated organic
fertilizer is applied by means of injection or same day
incorporation.
Sec. 6. A person who applies unmanipulated organic fertilizer
shall do the following:
(1) For the twenty-four (24) hour period immediately before
the application, monitor application site soil conditions and
the weather forecast for predicted rain events to ensure that
fertilizer runoff does not occur.
(2) During and immediately following the application,
monitor the application site effluent from field tile outlets and
surface water conveyance channels for a change of:
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(A) color;
(B) flow; or
(C) volume.
(3) If there is a change to the effluent caused by the
application:
(A) stop the application immediately;
(B) stop or capture the effluent; and
(C) land apply or store the effluent.
Sec. 7. A person may not stage inorganic fertilizer as follows:
(1) Within three hundred (300) feet of:
(A) surface waters;
(B) drainage inlets; or
(C) water wells.
(2) In standing water, a waterway (as defined in
IC 13-11-2-265.2), or a floodway.
(3) For more than seventy-two (72) hours unless the fertilizer
is as follows:
(A) Covered with a tarpaulin or other suitable covering.
(B) Applied to a target field within thirty (30) days.
Sec. 8. (a) A person may not stage organic fertilizer:
(1) within three hundred (300) feet of surface waters, drainage
inlets, or water wells unless there is a:
(A) cover; or
(B) gradient barrier that contains or directs any organic
fertilizer away from the surface waters, drainage inlets,
and water wells;
(2) on an area with a slope greater than six percent (6%)
unless run-on and runoff are controlled; or
(3) on any standing water, waterway (as defined in
IC 13-11-2-265.2), or floodway.
(b) Organic fertilizer that is staged for more than seventy-two
(72) hours must be:
(1) protected by a:
(A) cover; or
(B) gradient barrier;
(2) applied within one hundred twenty (120) days;
(3) set back from property lines one hundred (100) feet;
(4) set back from public roads one hundred (100) feet; and
(5) set back from residential buildings four hundred (400)
feet.
Sec. 9. (a) A person required to be licensed under IC 15-16-2.5
that distributes organic fertilizer material as described in
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IC 15-16-2.5-4 shall keep and maintain records of each
distribution.
(b) The records required under subsection (a) include the
following:
(1) The name of the certified applicator accepting receipt of
the organic fertilizer.
(2) The certification number of the certified applicator.
(3) The amount of fertilizer distributed.
(4) The representative nutrient value or values of the organic
fertilizer.
(5) The month, day, and year of distribution.
Sec. 10. (a) A person required to be licensed under IC 15-16-2.5
who applies:
(1) fertilizer material as described in IC 15-16-2.5-2; or
(2) organic fertilizer as described in IC 15-16-2.5-3;
must keep and maintain records of all fertilizer material and
organic fertilizer applications.
(b) The records required under subsection (a) must include the
following:
(1) The address or location description of the application site.
(2) The name of the certified applicator making or supervising
the application.
(3) The certification number of the certified applicator.
(4) The rate applied.
(5) The representative nutrient value or values of the fertilizer
material.
(6) The type of fertilizer material applied.
(7) The method of fertilizer application.
(8) The month, date, and year of application.
Sec. 11. All records required under this chapter must be:
(1) kept and maintained for two (2) years; and
(2) made available for inspection or copying within thirty (30)
days of written or oral request by the state chemist.
SECTION 44. IC 15-16-3-2, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. The definitions in IC 15-16-2 IC 15-16-1.5
apply throughout this chapter.
SECTION 45. IC 15-16-3-3 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 3. As used in this chapter, "label" means:
(1) written material;
(2) printed material;
(3) graphic material; or
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(4) any other statement;
accompanying a fertilizer.
SECTION 46. IC 15-16-3-4 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 4. As used in this chapter, "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 includes the application of commercial fertilizer individually
or in combination with a pesticide (as defined in IC 15-16-4-30).
SECTION 47. IC 15-16-3-5 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 5. As used in this chapter, "licensee" means a person who
has been issued a license under this chapter.
SECTION 48. IC 15-16-3-6 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 6. As used in this chapter, "tank mixed liquid fertilizer"
means a fluid mixture of commercial fertilizer and water in which the
total nutrient content of the mixture does not exceed the amount
determined under rules adopted by the state chemist under IC 4-22-2
in accordance with current practices of the lawn care service industry.
SECTION 49. IC 15-16-3-21 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 21. In accordance with current
practices of the lawn care service industry, the state chemist may
adopt rules under IC 4-22-2 to determine the maximum total
nutrient content of mixed liquid fertilizer.
SECTION 50. IC 15-16-3.3 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
Chapter 3.3. Storage and Containment
Sec. 1. (a) Storage containers and appurtenances must be
constructed, installed, and maintained to prevent the discharge or
spill of fluid fertilizer.
(b) Storage containers and appurtenances must be constructed
of materials that are resistant to corrosion, puncture, or cracking.
(c) Materials used in the construction or repair of storage
containers and appurtenances may not be of a type that react
chemically or electrolytically with stored fluid fertilizer in a way
that may weaken the storage container or appurtenances or create
a risk of discharge or spill.
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(d) Metals used for valves, fittings, and repairs on metal
containers must be compatible with the metals used in the
construction of the storage container so that the combination of
metals does not cause or increase corrosion that may weaken the
storage container or its appurtenances or create a risk of discharge
or spill.
(e) Storage containers and appurtenances must be designed to
handle all operating stresses, taking into account static head,
pressure buildup from pumps and compressors, and any other
mechanical stresses to which the storage containers and
appurtenances may be subject in the foreseeable course of
operations.
Sec. 2. A person may not store fluid fertilizer in an underground
or lined pit storage container. This prohibition does not apply to
the following:
(1) A watertight catch basin used for the temporary collection
of runoff or rinsate from transfer and loading areas.
(2) Storage in:
(A) a "316" or "317" stainless steel storage container; or
(B) a container approved by the state chemist, if:
(i) the storage container is enclosed within an approved
liner; and
(ii) an approved program of ground water monitoring to
detect leakage is established.
Sec. 3. (a) A storage container and other containers used at a
storage facility to hold liquid bulk fertilizer or fertilizer rinsate are
considered abandoned if the container has been out of service for
more than six (6) months because of a weakness or leak or has been
out of service for any reason for more than two (2) years.
(b) An abandoned underground container, including an
abandoned underground catch basin, must be thoroughly cleaned
and removed from the ground or thoroughly cleaned and filled
with an inert solid. All connections and vents must be disconnected
and sealed. A record of the catch basin size, location, and method
of closing must be maintained at the storage facility or as otherwise
provided for in this chapter.
(c) An abandoned aboveground container must be thoroughly
cleaned. All hatches on the containers must be left open, and all
valves or connections must be severed and left open.
(d) A secondary containment facility is not considered
abandoned because there have been no discharges into the
secondary containment facility.
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Sec. 4. (a) Storage containers and appurtenances may not be
constructed of copper, brass, zinc, or copper base alloys.
(b) A storage container and appurtenances used for the storage
of fluid fertilizers containing phosphates or chlorides may not be
constructed of aluminum or aluminum alloys.
(c) A storage container and appurtenances used for the storage
of low (less than five (5)) pH fluid fertilizers may not be
constructed of ferrous materials other than "316" or "317"
stainless steel unless the materials are coated or treated with a
protective substance that is adequate to inhibit corrosion.
(d) A storage container and appurtenances used for the storage
of low pressure nitrogen solutions may not be constructed of mild
steel, fiberglass, polyolefins, or plastic. However, this prohibition
does not extend to nonpressure nitrogen solutions, commonly
referred to as twenty-eight percent (28%), thirty percent (30%), or
thirty-two percent (32%) nitrogen solutions. The prohibition
against the use of mild steel does not extend to aqua ammonia.
(e) A storage container and appurtenances used for the storage
of phosphoric acid may not be constructed of ferrous materials
other than "316" or "317" stainless steel unless the container is
lined with a suitable substance to prevent corrosion.
(f) A storage container and appurtenances used for the storage
of fluid fertilizers containing potassium chloride (muriate of
potash) may not be constructed of ferrous materials other than
stainless steel unless the container and appurtenances are:
(1) coated or treated with a protective substance that is
adequate to inhibit corrosion; or
(2) used for storage periods of not more than six (6) months
each and are completely emptied between storage periods,
cleaned, and inspected for leaks before being refilled for any
subsequent period.
Sec. 5. (a) A storage container must be anchored, as necessary,
to prevent flotation or instability that may occur as a result of
liquid accumulations within a secondary containment facility
constructed in accordance with this chapter.
(b) In addition to other means approved by the state chemist, a
container is assumed to be anchored if product is contained and
maintained within the storage container at least to the height of the
secondary containment walls.
Sec. 6. (a) A storage container and appurtenances must be
secured to provide reasonable protection from wildlife, vandalism,
and unauthorized access. The security must be provided by
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fencing, lighting, or other means approved by the state chemist.
(b) Except for valves on empty containers or when a person
responsible for facility security is present at the facility:
(1) valves on storage containers; and
(2) valves on mobile fertilizer containers at a storage facility;
must be locked or secured.
Sec. 7. A storage container may not be filled beyond the capacity
for which the container is designed, taking into account the density
of the fluid being stored and thermal expansion during storage.
Sec. 8. Pipes and fittings must be adequately supported to
prevent sagging and possible breakage because of gravity and
other forces that may be encountered in the ordinary course of
operations. Except for an American National Standards Institute
(ANSI) Schedule 80 pipe or a pipe with a greater wall thickness or
hoses and piping made of stainless steel, all hoses and piping must
be located in a contained area or double sleeved. Underground
piping is permitted if the piping is:
(1) made of stainless steel;
(2) enclosed in secondary containment (a pipe within a pipe);
or
(3) hydrostatically tested annually.
Sec. 9. (a) Every storage container must be equipped with a
liquid level gauging device by which the level of fluid in the storage
container can be readily and safely determined.
(b) A liquid level gauging device is not required if the level of
fluid in a storage container can be readily and reliably measured
by other means approved by the state chemist.
(c) Liquid level gauging devices must be designed, installed, and
secured, in a safe manner, to protect against breakage or
vandalism that may result in a discharge or spill.
(d) External sight gauges are prohibited unless the gauge is
securely attached against the container wall and provided with a
manually operated shut off valve which is locked in the shut off
position at all times the level of fluid is not being measured.
Sec. 10. Except for the net weight of contents, every storage
container must be clearly and prominently labeled to identify the
container's fertilizer contents as provided in IC 15-16-2-32.
Sec. 11. Storage containers and appurtenances must be
maintained to minimize the risk of a discharge or spill.
Sec. 12. (a) This section does not apply to mobile containers used
to nurse field operations when at a field unloading site.
(b) An area used for the loading of fluid fertilizer into a storage
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container or for unloading fluid fertilizer from a storage container
into a mobile container must be curbed and paved with reinforced
concrete or other suitable material that provides an impervious
surface and is approved by the state chemist. All activities at the
fluid fertilizer storage facility must be carried out within this area.
(c) The operational area containment must be constructed and
reinforced to support at least the foreseeable maximum gross load,
including the following:
(1) The product.
(2) Equipment that utilizes the operational area.
(3) The mobile container.
(4) The motor vehicle.
The curbed and paved area must have a minimum width of ten (10)
feet, a minimum length of twenty (20) feet, and a minimum
capacity of at least seven hundred fifty (750) gallons of discharged
fluids. Any fill or unloading point of the mobile container must be
positioned over the paved area during loading or unloading.
(d) With the exception of secondary containment areas lined
with synthetic or soil liners, and wherever sufficient capacity
required in section 13(c) of this chapter and this chapter are
complied with, the secondary containment area described in
sections 13 though 23 of this chapter may be designed for and
jointly used instead of a separate operational area containment.
(e) An operational area may not have a relief outlet or valve.
The base must slope to a collecting spot where liquid can be
discharged, by a manually activated pump, for use in the blending
process or for proper disposal in accordance with all applicable
regulations.
(f) All liquids must be promptly removed or recovered from the
operational area containment so that the capacity required in
subsection (c) is available at all times when operations are taking
place.
(g) Storage containers and appurtenances must be protected
against reasonably foreseeable risks of damage by vehicles
operating in the area.
(h) Alternative means, including portable operational area
containment systems meeting the capacity requirement, may be
permitted with prior approval by the state chemist.
(i) Operational area containment must be maintained, as
necessary, to assure compliance with this chapter.
Sec. 13. (a) Fluid fertilizer storage containers must be located
within secondary containment constructed with a base, perimeter
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wall, and sloped floor. However, an exception for the sloped floor
requirement may be granted by the state chemist.
(b) The containment area must be separate from a secondary
containment area for other materials and used only for
containment of fluid fertilizer containers or other fertilizer related
equipment. This subsection does not prohibit the storage within the
diked area of anhydrous ammonia when stored in compliance with
rules adopted under IC 15-16-1. Adjoining secondary containment
areas may share common walls.
(c) Secondary containment not protected from rainfall must at
all times have a minimum capacity of one hundred percent (100%)
of the volume of the largest storage container within the contained
area plus the volume displaced by all the other tanks, equipment,
and appurtenances in the area up to the safe design level of the
containment structure plus a freeboard of six (6) inches.
(d) Secondary containment protected from rainfall is not
required to have the freeboard required in subsection (c) but must
comply with all other requirements of this chapter.
(e) A secondary containment constructed before July 6, 1991,
and having a capacity of a minimum of one hundred ten percent
(110%) of the volume of the largest storage container within the
contained area plus the volume displaced by all the other tanks in
the area up to the safe design level of the containment structure are
deemed to be in compliance with this chapter. Any such storage
facility that alters the secondary containment area or increases in
storage container volume must be brought into full compliance
within ninety (90) days of an alteration to the secondary
containment area or increase in the storage container volume.
(f) Tile drainage is not be permitted within or under secondary
containment.
(g) Alternative means of secondary containment, with prior
approval of the state chemist, may be permitted.
Sec. 14. (a) The walls of a secondary containment facility must
be:
(1) constructed of earth, steel, concrete (precasted modules or
poured), or solid masonry; and
(2) designed to withstand a full hydrostatic head of any
discharged liquid and weight load of material used in
construction.
(b) Cracks and seams must be sealed to prevent leakage.
(c) Walls constructed of earth or other permeable materials
must be lined as provided under sections 15 through 19 of this
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chapter.
(d) Earthen walls must have a horizontal-to-vertical slope
consistent with good engineering practice. All interior slopes must
be protected with:
(1) flat road stone or a similar crushed stone material; or
(2) a minimum of six (6) inches of vegetative soils planted and
maintained with shallow rooted grasses.
(e) The top of earthen walls must be no less than two and
one-half (2.5) feet wide.
(f) Walls may not exceed six (6) feet in height above interior
grade unless provisions are made for:
(1) normal access and necessary emergency access to storage
containers, valves, and other equipment; and
(2) safe exit from secondary containment.
(g) Walls constructed of concrete or solid masonry must rest
upon:
(1) a floating base of concrete prepared to conform with
section 16 of this chapter; or
(2) suitable concrete footings that extend below the average
frost depth.
Joints between walls and base must be made watertight.
Sec. 15. The base of a secondary containment facility and any
earthen walls must be lined with:
(1) concrete;
(2) steel;
(3) a synthetic liner approved by the state chemist; or
(4) a clay soil liner.
Sec. 16. Concrete liners must be designed according to good
engineering practices to withstand any foreseeable loading
conditions, including a full hydrostatic head of discharged fluid
and static loads of storage containers, including appurtenances,
equipment, and contents. Cracks and seams must be sealed.
Sec. 17. Steel plates may be used for wall and base liners.
Installation plans must be approved by the state chemist, who shall
require that the plates are protected against corrosion and are
joined in a manner as to provide watertight joints.
Sec. 18. (a) Synthetic liners and installation plans must be
approved by the state chemist. The installation plan must address
proposed protection of the synthetic liner from mechanical
damage, vandalism, wildlife, and deterioration from exposure to
the sun according to the manufacturer's recommendations. A
synthetic liner may not be approved by the state chemist until the
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manufacturer of the liner provides a written confirmation of
compatibility and estimate of the life of the liner.
(b) Synthetic liners must have a minimum thickness of thirty
(30) mils (eight-tenths (0.8) millimeters) and be chemically
compatible with the materials being stored within the containment
areas.
(c) Synthetic liners must be installed under the supervision of a
qualified representative of the manufacturer, and all field
constructed seams must be tested and repaired according to the
manufacturer's recommendations.
Sec. 19. Before a soil liner is installed, the surface soil must be
sealed, including the berm of an earthen dike, with a sealing agent
such as sodium bentonite, attapulgite, or a similar cohesive
material, including clay. The soil liner must be constructed in
accordance with reliable engineering recommendations to establish
a barrier layer that results in a downward water movement of not
greater than one-millionth of one centimeter per second (1.0 × 10-6
cm/sec) at construction and maintained at one hundred thousandth
of a centimeter per second (1.0 × 10-5 cm/sec) with a thickness of
not less than six (6) inches. The soil liner must be protected based
upon reliable engineering practices to maintain its integrity and
performance. If heavy mechanized equipment is to be moved over
the walls or floor liner, protection to the secondary containment
must be provided.
Sec. 20. (a) A liner is not required to be installed directly under
a storage container having a capacity of one hundred thousand
(100,000) gallons or more that has been constructed onsite and put
into use before July 6, 1991, if one (1) of the following alternative
procedures are complied with, certified to in writing by an official
of the company that owns the container, and the certificate is filed
with the state chemist:
(1) Alternative 1 must meet the following requirements:
(A) A second bottom made of steel must be constructed for
the storage container and placed over the original bottom
and a layer of smooth, fine gravel or coarse sand having a
minimum thickness of six (6) inches.
(B) The original bottom of the storage container must be
tested for leaks before the sand layer or second bottom is
installed. A record of the test must be kept on file at the
storage facility.
(C) The newly constructed bottom must be tested for leaks
before any fluid fertilizer is stored on the newly
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constructed bottom. A record of the test must be kept on
file at the storage facility or at the nearest local office from
which the storage facility is administered.
(D) There must be a method by which leaks from the newly
constructed bottom into the sand layer may readily be
detected.
(E) The newly constructed bottom must be tested at least
once every five (5) years for leaks. A record of the tests
must be kept at the storage facility.
(2) Alternative 2 must meet the following requirements:
(A) The container must be emptied, cleaned, and tested for
leaks. The walls and floor of the container must be tested
to assure that welds and thickness of steel plates are sound
and adequate to contain the fertilizers. A record of the
inspection, test results, and any repairs made must be
submitted to the state chemist and maintained by the
owner or operator.
(B) The interior floor and at least twelve (12) inches of the
wall areas of the container above the floor must be coated
with a liner approved by the state chemist to inhibit
corrosion. A record of this procedure must be submitted to
the state chemist and maintained by the owner or operator.
(C) A test for leaks, approved by the state chemist, must be
conducted every five (5) years thereafter. A record of the
test findings and indicated repairs and maintenance must
be maintained by the owner or operator.
(3) Alternative 3 must meet the following requirements:
(A) Monitoring devices must be installed in angled borings
in the unsaturated earth materials under each tank. These
monitoring devices must constitute a leak detection system
for each tank in advance of the point at which any leak
would reach ground water.
(B) The number, length, and depth of each boring must be
determined on the basis of site characteristics. The array
of monitoring devices under each tank must constitute the
best practical early warning detection system for tank
leakage.
(C) Each monitoring plan under this alternative must be
implemented only upon review and approval of the state
chemist.
(b) The secondary containment requirements under this chapter
do not apply to rail cars that are periodically moved to and from
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the storage facility.
(c) The state chemist may recognize other methods that provide
equivalent protection to the requirements under this chapter.
Sec. 21. (a) Individual storage containers not exceeding three
thousand (3,000) gallons may be contained within a secondary
storage container elephant ring instead of a diked containment
area.
(b) Both the primary storage container and the elephant ring
must be fabricated of material compatible with:
(1) each other; and
(2) the fertilizer being stored.
(c) The height of the elephant ring wall may not exceed four (4)
feet. The volume contained within the secondary storage walls up
to the working height of the elephant ring must be sufficient to
contain a volume equal to the volume contained in the primary
storage container plus the volume displaced by any equipment,
including pumps and meters, placed within the secondary
containment vessel up to the safe storage level of the elephant ring,
plus a freeboard of six (6) inches, which freeboard is exempted if
the containment system is protected from rainfall.
(d) The elephant ring must be free of leaks and structural
defects. The base must be:
(1) protected from corrosion, both from inside and outside;
and
(2) designed according to good engineering practices.
(e) All piping connections to the primary storage container must
be:
(1) made over the wall of the elephant ring; and
(2) adequately supported and braced.
Pumps and other fixtures, if located within the elephant ring
containment structure, must be placed on an elevated platform.
(f) Accumulations of liquids must be drained from the elephant
ring over the wall of the container by means of a manually
operated pump for use in the blending process or for proper
disposal in accordance with all applicable laws.
(g) An elephant ring must be maintained as necessary to assure
compliance with this chapter.
Sec. 22. (a) A secondary containment area may not have a relief
outlet or valve. The base must slope to a collecting spot where
liquid can be discharged, by a manually activated pump, for use in
the blending process or for proper disposal in accordance with all
applicable laws.
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(b) Accumulated liquids in the secondary containment area
must be promptly removed from the secondary containment area.
Sec. 23. (a) Secondary containment must be maintained as
necessary to assure compliance with this chapter.
(b) All secondary containment areas must be maintained free of
debris and foreign matter.
Sec. 24. (a) Dry bulk fertilizer, stored indoors, must be in a
sound structure having a cover or roof top, sidewalls, and an
impervious base sufficient to prevent contact with precipitation
and surface waters. Temporary outdoor storage must be allowed
for a maximum of thirty (30) days. However, material must be
covered with a tarpaulin, or other suitable covering, to prevent
seepage of runoff.
(b) All loading, unloading, mixing, and handling of dry bulk
fertilizer must be performed over an impervious surface that
allows for recovery of discharged product unless performed at a
field unloading site. Fertilizer that is discharged must be promptly
recovered.
Sec. 25. The storage facility must notify the state chemist each
year of the facility's location and status. Notice must include the
following:
(1) Facility's mailing address.
(2) Owner or manager.
(3) Type of facility.
(4) Rated or calculated capacity of all bulk tanks and dry
storage units.
(5) Facility's physical location.
Notice must be made upon forms furnished by the state chemist.
SECTION 51. IC 15-16-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
Chapter 3.5. Manure Based Fertilizer
Sec. 1. This chapter applies to any person that distributes
manure based fertilizers:
(1) in a bulk nonpackaged form and with a guaranteed
analysis;
(2) with a total nitrogen (N) content less than five percent
(5%); and
(3) with the summation of total nitrogen (N), available
phosphate (P2O5), and soluble potash (K2O) content less than
ten percent (10%).
Sec. 2. (a) Before distributing manure based fertilizer in Indiana
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for consideration, the person that is the guarantor of each brand
and grade of the manure based fertilizer must submit to the state
chemist:
(1) an application for registration on a form furnished by the
state chemist; and
(2) a filing fee of twenty dollars ($20).
(b) Upon approval of the application, the state chemist shall
furnish a copy of the registration to the applicant.
(c) All registrations expire on June 30 each year.
(d) In addition to the filing fee set forth in subsection (a), a late
filing fee equal to one hundred percent (100%) of the appropriate
filing fee is assessed when:
(1) an application to renew the registration of a manure based
fertilizer under this section is received after July 31; or
(2) a product that must be registered under this section is
found to be in distribution before registration.
(e) An application under subsection (a) must include the
following information:
(1) The name and address of the registrant.
(2) The brand and grade.
(3) The guaranteed analysis showing the minimum percentage
of plant food claimed in the following order and form:
(A) Total nitrogen (N) _____ percent.
(B) Available phosphate (P2O5) _____ percent.
(C) Soluble potash (K2O) _____ percent.
(f) Additional plant food elements or other additives that are
determinable by chemical methods may be guaranteed only by
permission of the state chemist. The state chemist shall grant
permission only if the state chemist determines that the guarantee
would not constitute a misrepresentation and is correct. Additional
plant foods that are guaranteed:
(1) must be included in the guarantee in the form of the
element; and
(2) are subject to inspection and analysis in accordance with
the methods that the state chemist prescribes.
Sec. 3. Manure based fertilizer must be distributed with a
written or printed statement with the guaranteed analysis that:
(1) accompanies the manure based fertilizer at delivery; and
(2) is supplied to the purchaser at time of delivery.
Sec. 4. (a) A person that distributes manure based fertilizers in
Indiana to a person that is not a registrant or permit holder under
this chapter shall pay to the state chemist an inspection fee
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computed under subsection (b).
(b) The inspection fee charged under subsection (a) is as follows:
(1) One hundred dollars ($100) for zero (0) tons up to one
thousand two hundred fifty (1,250) tons distributed per
reporting period.
(2) Five hundred dollars ($500) for more than one thousand
two hundred fifty (1,250) tons up to five thousand (5,000) tons
per reporting period.
(3) One thousand dollars ($1,000) for more than five thousand
(5,000) tons distributed per reporting period.
(c) Sales or exchanges between importers, manufacturers,
distributors, or registrants are exempt from the inspection fee.
Sec. 5. (a) Each registrant shall apply to the state chemist for a
permit to report the tonnage of manure based fertilizer sold and
pay the inspection fee as specified in section 4 of this chapter. In
making the application for the permit, the registrant must agree to
the following:
(1) To keep records that indicate accurately the tonnage and
kinds of manure based fertilizers sold in Indiana.
(2) To grant the state chemist permission to:
(A) examine the records required in subdivision (1); and
(B) verify the registrant's statement of tonnage.
(3) To report under oath to the state chemist on forms
furnished by the state chemist the tonnage of manure based
fertilizer sold during the period covered.
(b) The state chemist:
(1) may grant the permit to report tonnage if the state chemist
determines that the application of the permit to report
tonnage of manure based fertilizer described in subsection (a)
will lead to efficient enforcement of this chapter; and
(2) may revoke the permit to report tonnage at any time if it
appears to the state chemist that the registrant is not
complying with:
(A) the terms of the agreement entered into at the time of
the issuance of the permit; or
(B) this chapter.
(c) The report of tonnage is due and the inspection fees are
payable semiannually on the last day of the month following the
end of the semiannual period.
(d) The state chemist may revoke the registrant's permit for any
of the following reasons:
(1) The report of tonnage is not filed and the inspection fee is
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not paid by the fifteenth day following the due date.
(2) The report of tonnage is false.
(3) The permit holder has not complied with labeling
requirements of this chapter.
(e) If the inspection fee is unpaid after the fifteen (15) day grace
period described in subsection (d), a penalty must be assessed in
the amount of:
(1) fifty dollars ($50); or
(2) ten percent (10%) of the amount due;
whichever is greater, in addition to the amount due.
Sec. 6. (a) The state chemist shall publish at least annually, in a
form that the state chemist considers proper, information
concerning the following:
(1) The sales of manure based fertilizers, including any data
on sales that the state chemist considers advisable.
(2) The results of the analyses conducted under this chapter
based on official samples of manure based fertilizers sold
within Indiana compared with the analysis guaranteed under
section 2 of this chapter.
(b) The information published by the state chemist concerning
the sale of manure based fertilizers:
(1) must show separately the fall season and spring season of
each year; and
(2) may not disclose the operations of any person.
Sec. 7. (a) The state chemist may:
(1) sample, inspect, make analysis of, and test manure based
fertilizers distributed within Indiana; and
(2) inspect the storage of manure based fertilizers in Indiana
at a time and place and to such an extent as necessary to
determine whether the manure based fertilizers and their
storage are in compliance with this chapter.
(b) The state chemist may enter upon any public or private
premises during regular business hours in order to have access to:
(1) manure based fertilizer materials; and
(2) plans and records relating to the transportation, storage,
sale, and use of fertilizer materials;
subject to this chapter.
(c) The methods of sampling and analysis for manure based
fertilizers may be based on sources that include AOAC
International. In cases of dispute, AOAC International's methods
prevail if AOAC International's methods are available.
(d) The state chemist shall determine for administrative
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purposes whether a manure based fertilizer is deficient in plant
foods using only the official sample obtained and analyzed as
provided in subsection (c).
(e) The state chemist may request a court to issue subpoenas to
compel:
(1) the attendance of witnesses; or
(2) the production of books, documents, and records;
as part of an authorized investigation or a hearing located in
Indiana affecting the authority or privilege granted by a license,
certificate, application, registration, or permit issued under this
chapter.
Sec. 8. (a) If an official manure based fertilizer analysis
conducted by the state chemist under this chapter results in a
determination that the registrant of a manure based fertilizer is
subject to a penalty or other legal action under this chapter, the
state chemist shall forward a report of the results of the analysis to
the registrant at least thirty (30) days before the report is
submitted to the purchaser of the manure based fertilizer.
However, if the manure based fertilizer analysis was requested by
a person other than the state chemist, the results of the analysis
must be forwarded to the registrant and purchaser immediately.
If, during the thirty (30) day period, the state chemist does not
receive adequate evidence contesting the results in the report, the
report becomes an official report at the end of the thirty (30) day
period.
(b) Upon the registrant's request, the state chemist shall furnish
to the registrant part of the manure based fertilizer sample
analyzed by the state chemist that was used to determine that the
registrant was subject to a penalty or other legal action under this
chapter.
Sec. 9. (a) If an analysis conducted under this chapter indicates
that a manure based fertilizer fails in any respect to meet the
guaranteed analysis filed by a registrant under section 2 of this
chapter, the state chemist may require the payment of a refund to
the purchaser equal to the difference between:
(1) the price the purchaser paid for the manure based
fertilizer; and
(2) the current value of the manure based fertilizer after the
state chemist's analysis.
(b) The registrant must forward receipts for payment of refunds
required under subsection (a) promptly to the state chemist. If the
purchaser cannot be found, the registrant shall pay the refund to
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a local charitable or educational organization of the registrant's
choice and forward the receipts promptly to the state chemist.
(c) This section does not prevent the appeal of the imposition of
any penalty assessed by the state chemist under this chapter to a
court with jurisdiction.
Sec. 10. Manure based fertilizers must be stored in a manner
that:
(1) minimizes the release of manure based fertilizer; and
(2) protects the waters of the state.
Sec. 11. (a) In addition to any applicable standards required
under sections 13 and 14 of this chapter, a storage structure must
be designed as follows:
(1) The bottom of the storage structure is at least two (2) feet
above bedrock.
(2) The bottom of the storage structure must be above the
seasonal high water table, unless lowered in accordance with
subsection (c).
(3) Test holes to obtain soil and water table information for
the design must be obtained as follows:
(A) The number of test holes must be sufficient to
adequately characterize the seasonal water table and soil
underneath the storage structure.
(B) Test holes must be:
(i) evenly distributed throughout the storage structure;
(ii) at least two (2) feet below the base of the storage
structure for concrete structures in karst and nonkarst
areas;
(iii) at least five (5) feet below the base of the storage
structure for earthen structures in nonkarst areas; and
(iv) placed to the shallower of either bedrock or ten (10)
feet below the lowest point of the proposed processed
manure storage structure;
in areas of karst terrain.
(C) Testing must be conducted by:
(i) a soil scientist registered under IC 25-31.5;
(ii) a professional geologist certified in Indiana under
IC 25-17.6; or
(iii) a professional engineer registered under IC 25-31.
(b) Plastic, fiberglass, and aboveground steel tanks must:
(1) have sufficient strength to withstand design loads;
(2) be watertight;
(3) be cleaned to remove any traces of previously stored
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substances prior to addition of manure to the tank if the tank
is used to store any objectionable or hazardous substances;
(4) be installed to ensure the seasonal high water table is
maintained below the tank or the tank must be anchored to
prevent flotation; and
(5) have protected shut off valves for all inlet and outlet pipes.
(c) Any drainage system to lower the seasonal water table
around the base of a storage structure must be designed and
installed to:
(1) effectively collect and drain the ground water;
(2) be of adequate size, proper slopes, and proper distance
from the storage structure;
(3) if applicable, be provided with:
(A) sumps;
(B) pumps, including a backup pump; and
(C) electricity supply;
(4) if applicable, have a surface outlet that is at least fifty (50)
feet away from the storage structure and at least:
(A) fifty (50) feet from the property line in soils with a
permeability of one-half (1/2) inch per hour or less; or
(B) twenty (20) feet from the property line in soils with a
permeability greater than one-half (1/2) inch per hour;
(5) have a shut off valve or equivalent; and
(6) have an access point for sampling within fifty (50) feet of
the storage structure.
(d) A concrete storage structure must be constructed according
to the Indiana NRCS Construction Specification, Concrete
Construction, May 2015 and designed to either of the following
design standards:
(1) MWPS-36: Rectangular Concrete Manure Storages,
Second Edition, 2005.
(2) TR-9: Circular Concrete Manure Tanks, March 1998.
(e) A storage structure must not:
(1) have a discharge pipe or conveyance that would allow for
a release or discharge of processed manure or water
contaminated by processed manure; or
(2) be an underground steel storage tank.
Sec. 12. (a) The soil or foundation of an earthen storage
structure must have a maximum specific discharge permeability of
one-sixteenth (1/16) in3/in2/day, 1.8x10-6cm3/cm2/sec. This
requirement may be satisfied by soil testing that shows a minimum
of three (3) feet of in situ soils that:
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(1) meet the maximum specific discharge permeability
criteria;
(2) are over excavated a minimum of six (6) inches; and
(3) are recompacted to break up the existing macropore
structure.
(b) If there is not at least three (3) feet of in situ soils that meet
the maximum specific discharge criteria in subsection (a), a liner
must be used. Except for clay liners described in subsection (c),
liners used in a storage structure must meet the following design
standards as applicable:
(1) Indiana NRCS Conservation Practice Standard Code
521A: POND SEALING OR LINING – GEOMEMBRANE
OR GEOSYNTHETIC CLAY LINER, November 2018.
(2) Indiana NRCS Conservation Practice Standard Code 520:
POND SEALING OR LINING – COMPACTED SOIL
TREATMENT, October 2016.
(3) Indiana NRCS Conservation Practice Standard Code 522:
POND SEALING OR LINING – CONCRETE, October 2016.
(c) Clay liners must be a minimum of one (1) foot thick and have
a maximum specific discharge of one-sixteenth (1/16) in3/in2/day,
1.8x10-6cm3/cm2/sec.
Sec. 13. In addition to the requirements under section 11 of this
chapter, a storage structure that contains solid processed manure
must be designed according to the following:
(1) The storage structure must:
(A) be covered to prevent rainwater from contacting the
processed manure; or
(B) have storm water run-on and run-off controls.
(2) The storage structure must not be constructed in sand or
gravel soils, Unified Soil Classification of Pt, GW, GP, GM,
GC, SW, SP, SM, as described in ASTM D2488-09a Standard
Practice for Description and Identification of Soils
(Visual-Manual Procedure), unless specially designed with a
liner approved by the state chemist, in accordance with
section 12 of this chapter.
(3) Test holes for an earthen storage structure storing solid
processed manure must be placed at a rate of two (2) holes for
the first acre of storage and one (1) additional hole for each
additional one-half (1/2) acre of storage.
Sec. 14. (a) In addition to the requirements under section 11 of
this chapter, a storage structure that contains liquid processed
manure must be designed according to the Indiana NRCS
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Conservation Practice Standard Code 313: Waste Storage
Structure, October 2016.
(b) An uncovered storage structure containing liquid processed
manure must be designed with a minimum freeboard of two (2)
feet unless an alternate design is approved by the state chemist.
(c) Test holes for an earthen storage structure storing liquid
processed manure must be placed at a rate of two (2) holes for the
first one-half (1/2) acre of storage and one (1) additional hole for
each additional one-half (1/2) acre of storage.
(d) Pipelines must be constructed according to the Indiana
NRCS Conservation Practice Standard Code 634: Waste Transfer,
October 2015.
(e) The storage structure must be certified upon completion by
a registered professional engineer. The engineer's certification
must be kept in the operating record and submitted to the state
chemist before introducing processed manure.
Sec. 15. The state chemist shall post on the website of the office
of the state chemist information concerning where design
standards referenced in sections 11, 12, 13, and 21 of this chapter
may be:
(1) obtained; and
(2) reviewed and copied.
Sec. 16. (a) An owner or operator may propose an alternative to
a design, construction, or operational requirement specified in this
chapter, provided the owner or operator can prove to the
satisfaction of the state chemist that any alternative will provide
equivalent or greater environmental protection than the
requirements specified in this chapter.
(b) A proposed alternative must be submitted to the state
chemist and accompanied by documentation that demonstrates
equivalent or greater environmental protection than the standard
for which an alternative is being requested.
(c) An owner or operator may not implement an alternative
without prior approval by the state chemist.
(d) The state chemist shall provide written documentation
describing the basis for any determination on an alternative
request submitted under this section.
Sec. 17. (a) The owner or operator shall notify the state chemist
in writing at least two (2) days before the scheduled construction
of a storage structure. Multiple notices, that identify the parts of
the storage structure that are completed at the time the notice is
submitted, are required if an owner or operator performs partial
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construction of an approved structure and plans to use that portion
before completing construction of the entire storage structure.
(b) Any field tiles or drainage outlets encountered during
construction must be blocked or rerouted in accordance with any
applicable local approval requirements and must be cut back at
least fifty (50) feet from the edge of any:
(1) berm;
(2) concrete pit; or
(3) earthen storage structure.
(c) The applicant shall execute and send to the state chemist a
notarized affidavit, under penalty of perjury, that a storage
structure was constructed, and will be operated, according to the
requirements of this chapter, as follows:
(1) The affidavit must be submitted:
(A) on a form provided by the state chemist;
(B) within thirty (30) days after the date construction is
completed; and
(C) before the introduction of any processed manure.
(2) The affidavit must include identification of the parts of the
storage structure that are completed at the time the affidavit
is submitted.
(3) If an owner or operator performs partial construction of
an approved storage structure and plans to use that portion
before completing construction of the entire storage structure,
a separate affidavit must be submitted for each portion of
construction.
(d) The certification required by section 14(e) of this chapter
must be completed before the introduction of processed manure.
Sec. 18. (a) A storage structure must be maintained and
operated to meet the requirements of this chapter.
(b) The owner or operator shall:
(1) inspect the storage structure for compliance with this
chapter at least one (1) time each month; and
(2) document any maintenance activities in the operating
record.
(c) An uncovered storage structure storing liquid manure must:
(1) be maintained, with a minimum freeboard of two (2) feet,
unless otherwise specified in the processed manure storage
structure permit; and
(2) have clear identified markers to indicate manure levels
relative to the approved freeboard elevation.
(d) An earthen berm for a storage structure must be:
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(1) stabilized with vegetation or alternative erosion control
measures;
(2) maintained to prevent growth of trees and shrubs; and
(3) maintained to allow for visual inspection.
Sec. 19. (a) The owner or operator of a storage structure must
keep an operating record that includes the following:
(1) The complete application.
(2) The storage structure site plan.
(3) Notification of construction required by section 17(a) of
this chapter.
(4) The notarized affidavit required by section 17(c) of this
chapter.
(5) Certification by a registered professional engineer
required by section 14(e) of this chapter.
(6) The current emergency response plan described in section
20(a) of this chapter.
(7) Documentation of any spill response described in section
20(b) of this chapter.
(8) Documentation of maintenance activities on the storage
structure.
(9) Copies of any written waivers related to reduction of the
setback distances.
(10) All processed manure storage structure permits,
modifications, renewals, and notifications applicable to the
storage structure.
(b) The operating record described in:
(1) subsection (a)(3), (a)(6), (a)(7), (a)(8), and (a)(10) must be
kept on site for the duration of the processed manure storage
structure permit term; and
(2) subsection (a)(1), (a)(2), (a)(4), (a)(5), and (a)(9) must be
kept on site for the life of the facility.
However, if the operator is unable to keep the operating record on
site, it must be kept at the operator's address listed in the processed
manure storage structure permit.
(c) If the record in subsection (a) is unable to be kept on site to
be made available for inspection, the operator must submit a copy
of the record to the state chemist within thirty (30) days of the state
chemist's request.
Sec. 20. (a) The owner or operator of a storage structure shall
develop an emergency response plan to be kept in the operating
record. The plan must contain the following:
(1) Procedures for the following:
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(A) Containing a processed manure release to prevent the
manure from reaching waters of the state.
(B) Locating the source of a processed manure release and
stopping the flow of manure.
(C) Returning released manure to the storage structure or
an approved waste management system.
(D) Contacting the following:
(i) The owner or operator.
(ii) Any applicable local emergency or health authorities.
(2) The names and telephone numbers of each person who is
identified by the owner or operator as responsible for
implementing the emergency response plan.
(3) Identification of areas where potential manure releases
could occur and their accompanying drainage points.
(4) Identification of equipment and cleanup materials to be
used in the event of a manure release.
(b) The owner or operator shall implement the emergency
response plan any time a processed manure release occurs. If
manure from the storage structure reaches waters of the state, the
owner or operator must do the following:
(1) Provide notification in accordance with the following:
(A) As soon as possible, but within two (2) hours of
discovery, communicate a spill report to the Indiana
department of environmental management, office of land
quality, emergency response section.
(B) If new or updated spill report information becomes
known that indicates a significant increase in the likelihood
of damage to the waters of the state, the responsible party
shall notify the Indiana department of environmental
management as soon as possible, but within two (2) hours
of the time the new or updated information becomes
known.
(2) If requested by the Indiana department of environmental
management, submit a written copy of the spill report to the
Indiana department of environmental management, office of
land quality, emergency response section.
(3) Except from modes of transportation other than pipelines,
exercise due diligence and document attempts to notify the
following:
(A) For processed manure releases or spills to surface
water, the nearest affected downstream water user located
within ten (10) miles of the spill and in Indiana.
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(B) For processed manure releases or spills to soil outside
the storage structure property boundary, each affected
property owner, operator, and occupant.
Sec. 21. (a) The owner or operator of a processed manure
storage structure that plans to decommission a processed manure
storage structure shall do the following:
(1) Continue to maintain the processed manure storage
structure in accordance with the requirements of this chapter
until the manure is removed.
(2) Follow the requirements in the Indiana NRCS
Conservation Practice Standard Code 360, Closure of Waste
Impoundments, November 2012, if applicable.
(3) Have all associated appurtenances and conveyance
structures removed from uncovered processed manure
storage facilities.
(4) Notify the Indiana department of environmental
management:
(A) before demolishing or converting the use of any
processed manure storage structure; and
(B) of the intended future use of the processed manure
storage structure, if the processed manure storage
structure is to be converted to another use.
(b) The owner or operator shall submit a certification to the
commissioner of the Indiana department of environmental
management within thirty (30) days after completing the
requirements in this section that certifies compliance with the
requirements in this section.
(c) If deemed necessary to protect human health or the
environment, the state chemist may require additional
decommissioning activities based on:
(1) surface or ground water contamination;
(2) evidence of:
(A) leakage;
(B) seepage;
(C) manure releases; or
(D) spills; or
(3) other criteria related to protection of human health or the
environment.
(d) The commissioner of the Indiana department of
environmental management shall provide written documentation
describing the basis for any required additional activities.
Sec. 22. The state chemist shall adopt rules under IC 4-22-2:
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(1) regulating the distribution of manure based fertilizer; and
(2) establishing fees for the distribution of manure based
fertilizer.
Sec. 23. (a) A person may not distribute a misbranded manure
based fertilizer. A manure based fertilizer is misbranded if:
(1) the manure based fertilizer carries any false or misleading
statement; or
(2) false or misleading statements concerning the manure
based fertilizer's nutrient value are made in any advertising
media accompanying or associated with the manure based
fertilizer.
(b) A person may not distribute an adulterated manure based
fertilizer. A manure based fertilizer is adulterated if:
(1) the manure based fertilizer contains any deleterious or
harmful substance in a sufficient amount to render the
manure based fertilizer injurious to beneficial plant life,
animals, humans, aquatic life, soil, or water when applied in
accordance with directions for use on the label; or
(2) the label of the manure based fertilizer does not include
adequate warning statements or directions for use that may
be necessary to protect plant life, animals, humans, aquatic
life, soil, or water.
Sec. 24. (a) The state chemist may:
(1) cancel the registration of any brand of manure based
fertilizer; or
(2) refuse to register any brand of manure based fertilizer
under this chapter;
if the state chemist receives satisfactory evidence that the
registrant has used fraudulent or deceptive practices in the evasion
or attempted evasion of this chapter.
(b) The state chemist may not revoke or refuse a registration
under subsection (a) until the registrant receives notice and has the
opportunity to appear for a hearing.
Sec. 25. (a) If the state chemist determines that a manure based
fertilizer is being offered for sale in violation of this chapter, the
state chemist may issue to and enforce upon the owner or
custodian:
(1) a written or printed stop sale, use, or removal order; and
(2) a written or printed order to hold the manure based
fertilizer at a designated place until:
(A) the owner or custodian complies with this chapter;
(B) the state chemist releases the manure based fertilizer
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in writing; or
(C) the violation is legally disposed of by written authority.
(b) The state chemist shall release manure based fertilizer
withdrawn under subsection (a) when:
(1) the owner or custodian complies with this chapter; and
(2) all costs and expenses incurred in connection with the
withdrawal have been paid.
Sec. 26. (a) Any manure based fertilizer not in compliance with
this chapter is subject to seizure based on a complaint of the state
chemist filed in a court with jurisdiction in the area in which the
manure based fertilizer is located.
(b) Subject to subsection (a), if the court finds the manure based
fertilizer is in violation of this chapter and orders the
condemnation of the manure based fertilizer, the manure based
fertilizer must be disposed of in any manner consistent with the
quality of the manure based fertilizer and all applicable laws.
Sec. 27. The state chemist may apply for a temporary or
permanent injunction restraining any person from violating or
continuing to violate this chapter. The remedies under this section
are supplemental to other remedies allowed under this chapter or
other law.
Sec. 28. (a) If a person violates this chapter, the state chemist
may:
(1) warn, issue a citation to, or impose a civil penalty on the
person; or
(2) deny, suspend, revoke, or amend the person's registration
under this chapter.
(b) A person who knowingly or intentionally violates this
chapter commits a Class A misdemeanor.
SECTION 52. IC 15-16-5-13.5, AS ADDED BY P.L.29-2024,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 13.5. As used in this chapter, "fertilizer material"
has the meaning set forth in IC 15-16-2-11. IC 15-16-1.5-28.
SECTION 53. IC 15-16-5-46, AS AMENDED BY P.L.29-2024,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 46. A person required to be certified under this
chapter or IC 15-16-2-44(b)(1)(A) that applies fertilizer material for
hire, transports fertilizer material for hire, or both may not:
(1) use or supervise the use of any restricted use pesticide or use
a general use pesticide or fertilizer material for hire; or
(2) make diagnostic inspections or reports to determine
infestations of wood destroying pests;
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unless the person complies with the certification requirements under
this chapter and any other requirements determined by the state
chemist to be necessary to prevent unreasonable adverse effects on the
environment.
SECTION 54. IC 35-52-15-6.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 6.5. IC 15-16-3.5-28 defines a
crime concerning manure based fertilizer.
SECTION 55. [EFFECTIVE JULY 1, 2026] (a) The following
rules are void:
(1) 355 IAC 2.
(2) 355 IAC 7.
(3) 355 IAC 8.
(4) 355 IAC 9.
(5) 355 IAC 10.
(b) The publisher of the Indiana Administrative Code and the
Indiana Register shall remove the rules in subsection (a) from the
Indiana Administrative Code.
(c) This SECTION expires July 1, 2027.
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Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1361 — ConcurEvery fact on this page links to its source, starting with the official bill record.