Indiana Code 15-16-5-64. Injury or pollution; rules
(1) cause injury to:
Terms Used In Indiana Code 15-16-5-64
- beneficial insects: means insects that, during some part of their life cycles, are effective pollinators of plants, are parasites or predators of pests, or are useful to humans. See Indiana Code 15-16-5-3
- board: means the Indiana pesticide review board established by IC 15-16-4-42. See Indiana Code 15-16-5-4
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- isolation area: means the area that is:
Indiana Code 15-16-5-15.5
- person: means any individual, partnership, association, fiduciary, corporation, or any organized group of persons whether incorporated or not. See Indiana Code 15-16-5-23
- pesticide: means :
Indiana Code 15-16-5-25
- pesticide product: means a pesticide or device offered for distribution or use, including any labeling. See Indiana Code 15-16-5-28
- United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
- use: means an act of handling, releasing, or exposing individuals or the environment to a pesticide. See Indiana Code 15-16-5-36
- wellhead protection area zone: means the surface and subsurface area of the wellhead protection area that is located within a three thousand (3,000) foot radius of a community public water supply system production well or well field and through which contaminants are likely to move and reach the well. See Indiana Code 15-16-5-37.5
- wildlife: means all living things that are not human, domesticated, or pests. See Indiana Code 15-16-5-38
(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.