Indiana § 15-16-1-16 - Subpoenas

§ 15-16-1-16. Subpoenas

Sec. 16. 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 or IC 15-16-2.

As added by P.L.99-2012, SEC.3. Amended by P.L.143-2017, SEC.8.

IC 15-16-1.5Chapter 1.5. Fertilizer Definitions

15-16-1.5-1Applicability 15-16-1.5-2"Agricultural crop" 15-16-1.5-3"Agronomic rate" 15-16-1.5-4"Ammonium nitrate" 15-16-1.5-4.5"Animal feeding operation" or "AFO" 15-16-1.5-5"Appurtenance" 15-16-1.5-6"Aqua ammonia" 15-16-1.5-7"Biosolid" 15-16-1.5-8"Blender" 15-16-1.5-9"Blending" 15-16-1.5-10"Board" 15-16-1.5-11"Brand" 15-16-1.5-12"Bulk fertilizer" 15-16-1.5-13"Certified applicator" 15-16-1.5-14"Commercial applicator license" 15-16-1.5-15"Commercial fertilizer" 15-16-1.5-16"Confined feeding operation" and "CFO" 15-16-1.5-17"Continuing certification hour" and "CCH" 15-16-1.5-18"Custom blend" 15-16-1.5-19"Discharge" 15-16-1.5-20"Distribute" 15-16-1.5-21"Distributor" 15-16-1.5-22"Drainage inlet" 15-16-1.5-23"Dry bulk fertilizer" 15-16-1.5-24"Elephant ring" 15-16-1.5-25"Facility" 15-16-1.5-26"Fertilizer application plan" 15-16-1.5-27"Fertilizer business license" 15-16-1.5-28"Fertilizer material" 15-16-1.5-29"Field operations" 15-16-1.5-30"Filter strip" 15-16-1.5-31"Floodway" 15-16-1.5-32"Fluid bulk fertilizer" 15-16-1.5-33"Fluid fertilizer" 15-16-1.5-34"Grade" 15-16-1.5-35"Gradient barrier" 15-16-1.5-36"Guaranteed analysis" 15-16-1.5-37"Highly erodible land" 15-16-1.5-38"Incorporation" 15-16-1.5-39"Injection" 15-16-1.5-40"Inorganic fertilizer" 15-16-1.5-41"Label" 15-16-1.5-42"Lawn care service" 15-16-1.5-43"Licensee" 15-16-1.5-44"Low pressure nitrogen solutions" 15-16-1.5-45"Manipulated organic fertilizer" 15-16-1.5-46"Manure" 15-16-1.5-47"Manure based fertilizer" 15-16-1.5-48"Mixed fertilizer" 15-16-1.5-49"Official sample" 15-16-1.5-50"Operational area" 15-16-1.5-51"Operational area containment" 15-16-1.5-52"Organic fertilizer" 15-16-1.5-53"Permit" 15-16-1.5-54"Percent" or "percentage" 15-16-1.5-55"Person" 15-16-1.5-56"Primary containment" 15-16-1.5-57"Private applicator certification" 15-16-1.5-58"Private applicator recertification program" and "PARP" 15-16-1.5-59"Processed manure" 15-16-1.5-59.5"Production area" 15-16-1.5-60"Public water supply surface intake structure" 15-16-1.5-61"Public water supply well" 15-16-1.5-62"Registrant" 15-16-1.5-63"Saturated ground" 15-16-1.5-64"Secondary containment" 15-16-1.5-65"Sell" or "sale" 15-16-1.5-66"Sinkhole" 15-16-1.5-67"Specialty fertilizer" 15-16-1.5-68"Spill" 15-16-1.5-69"Staging" 15-16-1.5-70"State chemist" 15-16-1.5-71"Storage" 15-16-1.5-72"Storage container" 15-16-1.5-73"Storage facility" 15-16-1.5-74"Storage facility location registry" 15-16-1.5-75"Surface application" 15-16-1.5-76"Surface water" 15-16-1.5-77"Tank mixed liquid fertilizer" 15-16-1.5-78"Ton" 15-16-1.5-79"Trained employee" 15-16-1.5-80"Use"

IC 15-16-1.5-1Applicability 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-2"Agricultural crop" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-3"Agronomic rate" 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.

(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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-4"Ammonium nitrate" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-4.5"Animal feeding operation" or "AFO" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-5"Appurtenance" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-6"Aqua ammonia" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-7"Biosolid" 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.

(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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-8"Blender" Sec. 8. "Blender" means a person or system engaged in the business of blending commercial fertilizer.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-9"Blending" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-10"Board" Sec. 10. "Board" refers to the Indiana fertilizer advisory board established by IC 15-16-2-25.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-11"Brand" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-12"Bulk fertilizer" Sec. 12. "Bulk fertilizer" means a commercial fertilizer distributed in nonpackaged form.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-13"Certified applicator" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-14"Commercial applicator license" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-15"Commercial fertilizer" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-16"Confined feeding operation" and "CFO" Sec. 16. "Confined feeding operation" and "CFO" mean any of the following:

(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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-17"Continuing certification hour" and "CCH" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-18"Custom blend" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-19"Discharge" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-20"Distribute" Sec. 20. "Distribute" means to:

(1) offer for sale;

(2) sell;

(3) exchange;

(4) barter;

(5) supply; or

(6) offer to supply;

fertilizer material.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-21"Distributor" Sec. 21. "Distributor" means a person that:

(1) offers for sale;

(2) sells;

(3) barters; or

(4) supplies;

commercial fertilizers or manure based fertilizers.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-22"Drainage inlet" Sec. 22. "Drainage inlet" means any surficial opening to an underground agricultural tile drainage system that drains surface waters. The term includes water and sediment control basins.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-23"Dry bulk fertilizer" Sec. 23. "Dry bulk fertilizer" means nonfluid commercial fertilizer in an undivided quantity exceeding two hundred (200) pounds.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-24"Elephant ring" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-25"Facility" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-26"Fertilizer application plan" Sec. 26. "Fertilizer application plan" means a written annual or multi-year plan for nutrient application at agronomic rates for producing an agricultural crop.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-27"Fertilizer business license" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-28"Fertilizer material" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-29"Field operations" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-30"Filter strip" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-31"Floodway" Sec. 31. "Floodway" has the meaning set forth under IC 14-8-2-102.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-32"Fluid bulk fertilizer" Sec. 32. "Fluid bulk fertilizer" means fluid fertilizer in an undivided quantity exceeding fifty-five (55) gallons.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-33"Fluid fertilizer" Sec. 33. "Fluid fertilizer" means commercial fertilizer in liquid form and includes solutions, emulsions, suspensions, and slurries. The term does not include anhydrous ammonia.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-34"Grade" Sec. 34. "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).

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-35"Gradient barrier" Sec. 35. "Gradient barrier" means a structure or feature that prevents runoff from entering surface waters.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-36"Guaranteed analysis" 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).

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-37"Highly erodible land" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-38"Incorporation" Sec. 38. "Incorporation" means the mixing of fertilizer material with the surface soil using standard agricultural practices, including tillage.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-39"Injection" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-40"Inorganic fertilizer" Sec. 40. "Inorganic fertilizer" means any fertilizer material:

(1) manufactured by means of a man made chemical reaction; and

(2) that does not contain any plant or animal products, manures or renderings.

The term includes urea.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-41"Label" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-42"Lawn care service" 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).

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-43"Licensee" Sec. 43. "Licensee", for purposes of IC 15-16-3, means a person that has been issued a license under IC 15-16-3.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-44"Low pressure nitrogen solutions" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-45"Manipulated organic fertilizer" Sec. 45. "Manipulated organic fertilizer" means any organic fertilizer that is not manure.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-46"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).

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-47"Manure based fertilizer" Sec. 47. "Manure based fertilizer" means processed manure based commercial fertilizer with a manure content of at least seventy-five percent (75%).

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-48"Mixed fertilizer" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-49"Official sample" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-50"Operational area" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-51"Operational area containment" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-52"Organic fertilizer" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-53"Permit" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-54"Percent" or "percentage" Sec. 54. "Percent" or "percentage" means the percentage by weight.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-55"Person" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-56"Primary containment" Sec. 56. "Primary containment" means the storage of fluid bulk fertilizer in storage containers at a storage facility.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-57"Private applicator certification" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-58"Private applicator recertification program" and "PARP" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-59"Processed manure" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-59.5"Production area" 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.

(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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-60"Public water supply surface intake structure" Sec. 60. "Public water supply surface intake structure" means any structure used for the purpose of providing water through a public water supply system.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-61"Public water supply well" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-62"Registrant" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-63"Saturated ground" Sec. 63. "Saturated ground" means soil soaked with moisture so that the soil cannot absorb any more liquid.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-64"Secondary containment" Sec. 64. "Secondary containment" means any structure, including a dike, used to contain fertilizer discharges from bulk storage containers and prevent runoff or leaching.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-65"Sell" or "sale" Sec. 65. "Sell" or "sale" includes exchange.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-66"Sinkhole" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-67"Specialty fertilizer" Sec. 67. "Specialty fertilizer" means a commercial fertilizer distributed for nonfarm use.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-68"Spill" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-69"Staging" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-70"State chemist" Sec. 70. "State chemist" means the Indiana state chemist or an agent appointed by the state chemist.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-71"Storage" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-72"Storage container" 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 fertilizer containers.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-73"Storage facility" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-74"Storage facility location registry" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-75"Surface application" Sec. 75. "Surface application" means the placement of fertilizer material by spraying or spreading onto the land surface.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-76"Surface water" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-77"Tank mixed liquid fertilizer" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-78"Ton" Sec. 78. "Ton" means a net weight of two thousand (2,000) pounds avoirdupois.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-79"Trained employee" Sec. 79. "Trained employee" means any individual who:

(1) is operating as an employee, agent, or contractor of a 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-1.5-80"Use" 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.

As added by P.L.98-2026, SEC.2.

IC 15-16-2Chapter 2. Commercial Fertilizers

15-16-2-0.5Construction 15-16-2-1State chemist; appointment 15-16-2-1.5Repealed 15-16-2-2Construction of chapter 15-16-2-2.5Repealed 15-16-2-3Repealed 15-16-2-3.5Applicability 15-16-2-4Repealed 15-16-2-5Repealed 15-16-2-6Repealed 15-16-2-7Repealed 15-16-2-8Repealed 15-16-2-9Repealed 15-16-2-10Repealed 15-16-2-11Repealed 15-16-2-12Repealed 15-16-2-13Repealed 15-16-2-14Repealed 15-16-2-15Repealed 15-16-2-16Repealed 15-16-2-17Repealed 15-16-2-18Repealed 15-16-2-19Repealed 15-16-2-20Repealed 15-16-2-21Repealed 15-16-2-22Repealed 15-16-2-23Repealed 15-16-2-24Office of the state chemist established; appointment; administration 15-16-2-25Fertilizer advisory board; establishment; membership 15-16-2-26Members; removal; vacancies 15-16-2-27Chairperson 15-16-2-28Nonvoting members 15-16-2-29Meetings; quorum 15-16-2-30Per diem and travel expenses 15-16-2-31Commercial fertilizer; label; application; fee; registration; information; analysis; exemptions 15-16-2-31.5Additional plant nutrients; registration and guarantee; warnings 15-16-2-31.7Pesticides in fertilizers; registration and guarantee 15-16-2-32Labeling requirements 15-16-2-33Inspection fee; exemptions 15-16-2-34Permit to report commercial fertilizer sold; fee 15-16-2-35Disposition of inspection fees 15-16-2-36Excess funds from fees collected; disposition 15-16-2-37Annual publication by state chemist; information required 15-16-2-38Inspection, analysis, and tests; entry onto premises; subpoenas 15-16-2-39Official commercial fertilizer analysis; report 15-16-2-40Noncompliance with analysis; order for refund to purchaser; appeal 15-16-2-41Storage of bulk fertilizers 15-16-2-42Misbranded and adulterated commercial fertilizers; unlawful distribution 15-16-2-43Fraudulent or deceptive practices; cancellation of registration; refusal to register; notice; hearing 15-16-2-44Rules 15-16-2-44.5Disposition of fees; annual report; expiration of authority to collect fees 15-16-2-44.7Purdue Pesticide Programs 15-16-2-45Use of technologies to protect waters from release of bulk fertilizers 15-16-2-46Stop sale, use, or removal orders 15-16-2-47Seizure of commercial fertilizer; condemnation and disposal; release of commercial fertilizer 15-16-2-48Repealed 15-16-2-49Injunctions 15-16-2-49.5Violations; penalties 15-16-2-49.6Schedule of civil penalties 15-16-2-49.7Determining the violation number and count of violations to be assessed 15-16-2-49.8Potential penalty mitigation 15-16-2-50Regulation by political subdivision prohibited; petition; hearing; waiver; written decision