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Current as of January 02, 2024 | Updated by Findlaw Staff
Sec. 5. (a) Except as provided in subsection (b), a person may not:
(1) throw, run, drain, or otherwise dispose; or
(2) cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed;
into any of the streams or waters of Indiana any organic or inorganic matter that causes or contributes to a polluted condition of any of the streams or waters of Indiana, as determined by a rule of the board adopted under sections 1 and 3 of this chapter.
(b) Subsection (a) does not apply to organic or inorganic matter that consists of fertilizer material contained in:
(1) runoff from a storm event; or
(2) irrigation return flow;
entering the waters of Indiana as a result of land application of fertilizer material in compliance with rules adopted by the state chemist under IC 15-16-2-44.
(c) The department shall request documentation of compliance with subsection (b) before a notice of violation can be issued.
(d) A person has thirty (30) days to submit documentation after receiving a request under subsection (c).
(e) The department may issue a notice of violation for failure to comply with subsection (d). No notice of violation can be issued if the department determines that a person complied with subsection (b).
(f) Before the rules for land application of fertilizer materials adopted under IC 15-16-2-44 by the state chemist take effect, a person may meet the requirements under subsection (b) if the person maintains documentation of compliance with:
(1) the conditions for land application of manure requirements under IC 13-18-10; or
(2) the National Resources Conservation Services land application standards.
(g) Subsection (b) does not affect liability for killing wild animals under IC 14-22-10-6.
Cite this article: FindLaw.com - Indiana Code Title 13. Environment § 13-18-4-5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-13-environment/in-code-sect-13-18-4-5/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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