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.

Terms Used In Indiana Code 15-16-2-44

  • fertilizer material: means any substance containing nitrogen, phosphate, potash, or any recognized plant nutrient that:

    Indiana Code 15-16-2-11

  • storage: means the storage of bulk fertilizer by a person who:

    Indiana Code 15-16-2-21

  • use: means the placement or usage of fertilizer materials on a targeted growing area. See Indiana Code 15-16-2-23
(2) The distribution and storage of bulk fertilizers, including 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) 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.

[Pre-2008 Recodification Citation: 15-3-3-12.]

As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.27; P.L.189-2011, SEC.14.