Manure Rules in Indiana
Yingying Hong and Paul Ebner - Purdue Animal Sciences
Manure generated from livestock and poultry production contains high
concentrations of what are often referred to as nutrients. These are
compounds such as nitrogen, phosphorous, and potassium. Manure,
like human waste, also contains large quantities of microorganisms.
These microorganisms are largely reflections of the bacteria, viruses,
and protozoa that inhabit the intestines of animals. As with human
waste, manure can sometimes contain disease-causing microorganisms.
In most cases, manure from livestock operations is stored for some
time under the livestock building or in larger lagoon-type structures.
This allows the manure to decompose before it is applied to land as a
fertilizer. Improper manure application, over-application, or manure
spills, however, can introduce excessive nutrients and disease-causing
microorganisms into the environment. While not common, both CFOs
and non-CFOs (follow this link for a current definition of CFO) have been implicated in water contamination and disease outbreaks. CFOs have
traditionally been of particular concern due to the larger amount of
manure they generate.
Since 2007, two new rules were established in Indiana regarding manure
management at CFOs. First, effective July 28, 2010, any person that
applies, sells, or transports manure from a CFO is required to be certified
by the Office of Indiana State Chemist (OISC) or trained by certified
personnel. For details of this rule see: Certification for Distributions
and Users of Fertilizer Materials (355 IAC 7-1-1). Exceptions are
made in the cases where the total amount of manure is less than 10 yrd3 or 4,000 gallons in a year. Effectively all CFOs and most AFOs, however,
produce quantities of manure above this threshold. All types of manure
uses, except for distribution only (fertilizer distribution business license
required), require certification, the details of which can be found here: Agriculture Fertilizer Applicator Certification Information and Rule. In recent years, there has been increased transportation of manure into Indiana from neighboring states, namely Ohio. The use of all CFO manure in Indiana, regardless of where it was originally generated, is regulated under this rule.
In 2013, OISC published another rule, the “Fertilizer
Material Use, Distribution, and Record Keeping
Rule” (355 IAC 8). The aim of this rule is to ensure
manure handling is done using good manure
management practices. Again, the rule is applied
to farms in Indiana that use or distribute manure,
with the exception to manure application of less
than 10 yrd3 or 4,000 gallons a year. In contrast
to the previously described rule, this rule is not
limited to manure produced from CFOs. CFOs, and
most AFOs — definitions of AFO, CFO, and CAFO
can be found here — in Indiana would produce
manure in quantities above these thresholds and
would all be subject to this rule. The rule provides
detailed requirements for setbacks, manure staging,
application monitoring, and record keeping, as
well as restrictions on manure application under
specific conditions (e.g., highly erodible land,
frozen or snow-covered land). A summarized list of
requirements can be found here: Fertilizer Material Use, Distribution, and Record Keeping Rule.
The intent of both rules is to provide state-level
training and regulation of manure management
and application in order to protect land from overfertilization
and prevent nearby waterways from
contamination. Indirectly, through the enforcement of good manure management practices, which
prevent manure spills and runoff, these two rules
may also help reduce the potential spread of
manure-associated disease-causing microorganisms.
Data supporting this supposition, however, are not
Both the Indiana Department of Environmental
Management and the Indiana Office of the State
Chemist maintain publicly available and searchable
databases documenting all types of violations,
regardless of the industry, and any associated
penalties. These databases can be found here:
Office of Indiana State Chemist. Rule 355 IAC Article 7. Certification for Distributors and Users of Fertilizer Material. Available at: http://www.in.gov/legislative/iac/T03550/A00070.PDF?&iacv=iac2016.
Office of Indiana State Chemist. Rule 355 IAC Article 8. Fertilizer Material Use, Distribution and Recordkeeping. Available at: http://www.in.gov/legislative/iac/T03550/A00080.PDF.