Section 327 IAC 19-4-1 - Approval conditionsAuthority: IC 13-14-8-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-18; IC 13-22
Sec. 1.
(a) CFOs must:(1) have a valid approval to operate; or(2) close in accordance with 327 IAC 19-16.(b) The following conditions apply to all confined feeding approvals: (1) The owner/operator must comply with all terms and conditions of the approval and this article.(2) The owner/operator shall take all reasonable steps to prevent, minimize, or correct any adverse impact on the environment resulting from noncompliance with the approval or this article.(3) The filing by the owner/operator of a request for an approval amendment, revocation and reissuance, or revocation does not stay or suspend any approval term or condition. The approval may be amended, revoked and reissued, or revoked for causing or threatening to cause harm to the environment.(4) The approval does not convey any property rights of any sort or any exclusive privilege.(5) The owner/operator shall allow the commissioner, or an authorized representative (including an authorized contractor acting as a representative of the commissioner), upon the presentation of credentials and in compliance with biosecurity procedures developed by the department in consultation with the Indiana state board of animal health or individual owners/operators as defined in 327 IAC 19-2-32 to: (A) enter upon the CFO premises or where any records must be kept under the terms and conditions of the approval or this article;(B) have access for review to any records that must be kept under the terms and conditions of the approval;(C) inspect, at reasonable times: (i) any monitoring equipment or method;(ii) any waste management systems; or(iii) practices required or otherwise regulated under the approval; and(D) sample or monitor, at reasonable times, for the purpose of evaluating compliance with the approval or state and federal laws and regulations.(6) The provisions of this approval are severable and, if any provision of the approval or the application of any provision of the approval to any circumstances is held invalid, the application of such provision to other circumstances and the remainder of this approval shall not be affected thereby.(c) If determined to be necessary to protect human health or the environment, the commissioner may require additional protective measures such as:(1) alternate design standards;(2) alternate operational requirements; or(3) use of a registered professional engineer. The commissioner shall provide written documentation describing the basis for this determination.
Water Pollution Control Board; 327 IAC 19-4-1; filed Feb 6, 2012, 2:58 p.m.: 20120307-IR-327090615FRA, eff Jul 1, 2012