Sec. 5. (a) Except as provided in subsection (b), a person may not:

(1) throw, run, drain, or otherwise dispose; or

(2) cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed;

into any of the streams or waters of Indiana any organic or inorganic matter that causes or contributes to a polluted condition of any of the streams or waters of Indiana, as determined by a rule of the board adopted under sections 1 and 3 of this chapter.

(b) Subsection (a) does not apply to organic or inorganic matter that consists of fertilizer material contained in:

(1) runoff from a storm event; or

(2) irrigation return flow;

entering the waters of Indiana as a result of land application of fertilizer material in compliance with rules adopted by the state chemist under IC 15-16-2-44.

(c) The department shall request documentation of compliance with subsection (b) before a notice of violation can be issued.

(d) A person has thirty (30) days to submit documentation after receiving a request under subsection (c).

(e) The department may issue a notice of violation for failure to comply with subsection (d). No notice of violation can be issued if the department determines that a person complied with subsection (b).

(f) Before the rules for land application of fertilizer materials adopted under IC 15-16-2-44 by the state chemist take effect, a person may meet the requirements under subsection (b) if the person maintains documentation of compliance with:

(1) the conditions for land application of manure requirements under IC 13-18-10; or

(2) the National Resources Conservation Services land application standards.

(g) Subsection (b) does not affect liability for killing wild animals under IC 14-22-10-6.

[Pre-1996 Recodification Citation: 13-1-3-8.]

As added by P.L.1-1996, SEC.8. Amended by P.L.189-2011, SEC.11.