Indiana § 15-16-2-50 - Regulation by political subdivision prohibited; petition; hearing; waiver; written decision

§ 15-16-2-50. Regulation by political subdivision prohibited; petition; hearing; waiver; written decision

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.

(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.

[Pre-2008 Recodification Citations: subsection (a) formerly 15-3-3-12.5(c); subsection (b) formerly 15-3-3-12.5(d).]

As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.32; P.L.98-2026, SEC.41.

IC 15-16-2.5Chapter 2.5. Distributors and Users of Fertilizer Material

15-16-2.5-1Applicability 15-16-2.5-2For hire use of fertilizer material 15-16-2.5-3Use of organic fertilizer 15-16-2.5-4Distribution of fertilizer material 15-16-2.5-5Supervision of noncertified individuals 15-16-2.5-6Applicator certification standards 15-16-2.5-7Applicator certification renewal standards 15-16-2.5-8CCH and PARP credits 15-16-2.5-9CCH and PARP violations 15-16-2.5-10Fertilizer business license; applicator license or certification 15-16-2.5-11Late fees 15-16-2.5-12Rules 15-16-2.5-13Reciprocity; waiver of requirements 15-16-2.5-14Fees for certification or educational programs

IC 15-16-2.5-1Applicability 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.

As added by P.L.98-2026, SEC.42.

IC 15-16-2.5-2For hire use of fertilizer material 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.

As added by P.L.98-2026, SEC.42.

IC 15-16-2.5-3Use of organic fertilizer 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.

As added by P.L.98-2026, SEC.42.

IC 15-16-2.5-4Distribution of fertilizer material 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.

As added by P.L.98-2026, SEC.42.

IC 15-16-2.5-5Supervision of noncertified individuals Sec. 5. (a) Fertilizer materials covered by IC 15-16-2 and this 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.

As added by P.L.98-2026, SEC.42.

IC 15-16-2.5-6Applicator certification standards 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.

(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.

As added by P.L.98-2026, SEC.42.

IC 15-16-2.5-7Applicator certification renewal standards 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.

As added by P.L.98-2026, SEC.42.

IC 15-16-2.5-8CCH and PARP credits 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 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 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.

As added by P.L.98-2026, SEC.42.

IC 15-16-2.5-9CCH and PARP violations 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.

As added by P.L.98-2026, SEC.42.

IC 15-16-2.5-10Fertilizer business license; applicator license or certification 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 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.

As added by P.L.98-2026, SEC.42.

IC 15-16-2.5-11Late fees 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.

As added by P.L.98-2026, SEC.42.

IC 15-16-2.5-12Rules 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, 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).

As added by P.L.98-2026, SEC.42.

IC 15-16-2.5-13Reciprocity; waiver of requirements 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.

As added by P.L.98-2026, SEC.42.

IC 15-16-2.5-14Fees for certification or educational programs 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).

As added by P.L.98-2026, SEC.42.

IC 15-16-2.7Chapter 2.7. Distributors and Users of Fertilizer Material for Agricultural Crops

15-16-2.7-1Applicability; construction 15-16-2.7-2Application of fertilizer material 15-16-2.7-3Application of unmanipulated organic fertilizer 15-16-2.7-4Application of unmanipulated organic fertilizer to highly erodible land 15-16-2.7-5Application of unmanipulated organic fertilizer to frozen or snow covered ground 15-16-2.7-6Unmanipulated organic fertilizer application monitoring 15-16-2.7-7Staging restrictions for inorganic fertilizer 15-16-2.7-8Staging restrictions for organic fertilizer 15-16-2.7-9Organic fertilizer distribution records 15-16-2.7-10Fertilizer material application records 15-16-2.7-11Record keeping period; inspection

IC 15-16-2.7-1Applicability; construction 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 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.

As added by P.L.98-2026, SEC.43.

IC 15-16-2.7-2Application of fertilizer material 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.

As added by P.L.98-2026, SEC.43.

IC 15-16-2.7-3Application of unmanipulated organic fertilizer 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

Surface

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

100

200

Waters

Sinkholes

100

200

Water

100

200

Wells

Drainage

100

200

Inlets

Property

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.

As added by P.L.98-2026, SEC.43.

IC 15-16-2.7-4Application of unmanipulated organic fertilizer to highly erodible land 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.

As added by P.L.98-2026, SEC.43.

IC 15-16-2.7-5Application of unmanipulated organic fertilizer to frozen or snow covered ground 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.

As added by P.L.98-2026, SEC.43.

IC 15-16-2.7-6Unmanipulated organic fertilizer application monitoring 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:

(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.

As added by P.L.98-2026, SEC.43.

IC 15-16-2.7-7Staging restrictions for inorganic fertilizer 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.

As added by P.L.98-2026, SEC.43.

IC 15-16-2.7-8Staging restrictions for organic fertilizer 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.

As added by P.L.98-2026, SEC.43.

IC 15-16-2.7-9Organic fertilizer distribution records Sec. 9. (a) A person required to be licensed under IC 15-16-2.5 that distributes organic fertilizer material as described in 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.

As added by P.L.98-2026, SEC.43.

IC 15-16-2.7-10Fertilizer material application records 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.

As added by P.L.98-2026, SEC.43.

IC 15-16-2.7-11Record keeping period; inspection 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.

As added by P.L.98-2026, SEC.43.

IC 15-16-3Chapter 3. Commercial Lawn Care Service Fertilizers

15-16-3-1Application of IC 15-16-2; exemptions 15-16-3-2Application of definitions 15-16-3-3Repealed 15-16-3-4Repealed 15-16-3-5Repealed 15-16-3-6Repealed 15-16-3-7License to distribute tank mixed liquid fertilizer 15-16-3-8Application for license; fee 15-16-3-9Rules; licensee qualifications and training 15-16-3-10Name and location of licensee 15-16-3-11License expiration and renewal 15-16-3-12Information on labels and invoices 15-16-3-13Change to information; inform state chemist 15-16-3-14Labeling requirements 15-16-3-15Annual report to state chemist; information 15-16-3-16Sales information; annual report 15-16-3-17State chemist; agent; duties 15-16-3-18Fraudulent and deceptive practices; license refusal or revocation; hearing 15-16-3-19Revocation or suspension of license 15-16-3-20Violations; minor violations; injunctions 15-16-3-21Rules