Indiana § 15-16-5-64 - Injury or pollution; rules

§ 15-16-5-64. Injury or pollution; rules

Sec. 64. (a) A person may not produce, transport, store, handle, or dispose of any pesticide product or pesticide product containers in a manner that may:

(1) cause injury to:

(A) humans;

(B) beneficial vegetation;

(C) crops;

(D) livestock;

(E) wildlife; or

(F) beneficial insects; or

(2) pollute any waterway in a way harmful to any wildlife in a waterway.

(b) The board may adopt rules governing the production, transportation, storage, handling, and disposal of pesticide products or pesticide containers. In determining these standards, the board shall take into consideration any regulations issued by the United States Environmental Protection Agency.

(c) Except for pesticides labeled for use in the treatment of drinking water, pesticide storage, mixing, and loading is prohibited within the isolation area of a wellhead protection area zone. Application of pesticides within the isolation area is permitted unless prohibited by the pesticide label.

(d) A pesticide storage container located within the wellhead protection area zone and outside of the isolation area must be stored:

(1) on an impervious surface designed to contain a discharge of the entire contents of the largest storage container plus the volume displaced by all the other items within the contained area; and

(2) in an area protected from precipitation.

(e) A pesticide spill or discharge within the wellhead protection area zone must be cleaned up immediately upon discovery and in a manner that prevents the pesticide from threatening waters of the state, dry wells, storm sewers, sanitary sewers, or septic systems.

(f) A person may not open burn a pesticide container in a manner that allows air contaminants resulting from combustion to be emitted directly into the air without passing through a stack or chimney from an enclosed chamber, as allowed under 326 IAC 4-1.

[Pre-2008 Recodification Citation: 15-3-3.6-24.]

As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.81; P.L.99-2012, SEC.17; P.L.29-2024, SEC.53.