Fertilizer Use Regulations

OISC Fertilizer Use regulations apply to anyone that uses more than 10 cubic yards or 4,000 gallons of any type of fertilizer material in a calendar year.

Indiana law directed the Office of Indiana State Chemist (OISC) to develop a rule to ensure that fertilizer materials are distributed and used effectively and safely as plant nutrients and in a manner that protects water quality.

The intent of the rule is to develop standards so that fertilizer materials (both commercial fertilizers and manures) are being handled and applied in a manner that will help ensure protection of our environment. Full compliance with this rule (355 IAC 8) was required by 2013.  This is not the rule that requires those applying manure from CFO’s to be certified.

1. Who will likely be impacted by this rule?
   This rule applies to anyone who uses or distributes fertilizer material (commercial fertilizer or manure) for the purposes of producing an agricultural crop. An exemption is made for those who apply less than 10 yrd 3 or 4,000 gallons of fertilizer or manure in a year.
   
   
2. What will this rule require?
   Most of the rule requirements are recognized good-management practices.
   
   • All fertilizer applicators must:
     
     • Develop a fertilizer application plan prior to application;
     • The plan must be based on agronomic rates, including consideration of soil fertility levels, crop need and availability of nutrients from fertilizer or other sources.
     • Apply fertilizer material in accordance with the fertilizer application plan for the target application site;
     • Fertilizer may not be applied:
       • Directly to surface water, to saturated ground or from a public road.
         
         
3. Staging restrictions for commercial fertilizer:
   Commercial fertilizer must not be staged:
   • Within 300 feet of surface waters, drainage inlets or water wells.
   • In standing water, a waterway or a floodway.

   Commercial fertilizer staged for more than 72 hours must be:
   

   • Covered with a tarpaulin.
   • Applied within 30 days.
     
     
4. Staging restrictions for manure:
   Manure must not be staged:
   • Within 300 feet from surface waters, drainage inlets or water wells.
   • Unless it is covered or there is a gradient barrier that contains or directs any manure away from surface waters, drainage inlets or water wells.
   • On an area with a slope greater than 6% unless run-on and runoff are controlled.
   • On any standing water, waterway or floodway.

   Manure that is staged for more than 72 hours must be:
   

   • Protected by a cover or gradient barrier.
   • Set back from property lines 100 feet.
   • Set back from public roads 100 feet.
   • Set back from residential buildings 400 feet.
   • Applied within 120 days.
     
     
5. Setbacks for manure applications:
   
   • This rule requires manure application setbacks from the following features based on the application method and location:
     • Public Water Supply Wells and Surface Intake, Surface Waters, Sinkholes, Water Wells, Drainage Inlets, Property Lines and Public Roads.
       
       

   Manure Application Setback Table
   Table 1 - Unmanipulated Organic Fertilizer Application Setback Distances (in feet)
   			Liquid-Surface Application
   Known Feature	Liquid-Injection or Single Pass Incorporation (liquid/solid)	Liquid-Incorporation *; Surface Application (solid or compost); or Surface Application to Pasture	< 6% Slope; or Residue Cover	> 6% Slope
   Public Water Supply  Wells and Surface Intake	500	500	500	500
   Surface Waters	25	50	100	200
   Sinkholes	25	50	100	200
   Water Wells	50	50	100	200
   Drainage Inlets	5	50	100	200
   Property Lines and Public Roads	0	10	50	50
   * Liquid manure applications with incorporation within 24 hours

   
   
   

6. Restrictions for manure applications on Highly Erodible Land:
   Manure may be applied to Highly Erodible Land (as shown on FSA & NRCS maps) if the land has at least 40% crop residue or a vegetative cover crop.
   
   
7. Restrictions for manure applications on frozen or snow-covered ground:
   Manure may be applied to frozen or snow-covered ground if the following restrictions are observed:
   
   • No application within of 200 feet of surface water.
   • No application in a floodway.
   • Apply at ½ the agronomic rate for the planned crop.
   • No application to ground with greater than 2% slope unless the ground has:
     • At least 40% crop residue; or
     • A vegetative crop cover crop.

     NOTE: Manure applied by means of injection or same-day incorporation means the ground is not considered frozen or snow-covered and the above restrictions are not required.
     
     

8. Monitoring requirements for manure application:
   
   • The applicator must monitor the target application site soil conditions and the 24-hour weather forecast prior to application for predicted rain events to ensure that predictable manure runoff does not occur.
   • During and immediately following the application, the applicator must monitor the application site effluent from field tile outlets and surface water channels for a change of color, flow or volume.
   • If there is a change caused by the application, the applicator must stop the application immediately, stop the effluent and apply it later or elsewhere.
   • Report any spill to the Indiana Department of Environmental Management spill hotline at (888) 233-7745.
     
     
9. Licensed distributor recordkeeping requirements:
   Licensed fertilizer material distributors are required to keep the following records for two (2) years:
   
   • Name of the certified applicator accepting receipt of the organic fertilizer.
   • Certification number of the applicator.
   • Amount of fertilizer distributed.
   • Representative nutrient value or values of the organic fertilizer.
   • Date of distribution.
     
     
10. Applicator recordkeeping requirements:
    Licensed fertilizer material applicators are required to keep the following application records for two (2) years:
    
    • Address or location description of the application site.
    • Name of the certified applicator making or supervising the application.
    • Certification number of the certified applicator.
    • Rate applied.
    • Representative nutrient value or values of the fertilizer material.
    • Type of fertilizer material applied.
    • Method of fertilizer application.
    • Date of application.
      
      
11. When did this rule take effect?
    This rule became final March 16, 2012. Full compliance was required by February 16, 2013.