CHAPTER 1. AGRICULTURAL AMMONIA
IC 15-16
ARTICLE 16. HORTICULTURE CONTROL
IC 15-16-1
Chapter 1. Agricultural Ammonia
IC 15-16-1-1
Application of chapter
Sec. 1. Except as provided in this chapter, this chapter applies to
all facilities for the distribution of ammonia or ammonia solutions
that are located in Indiana.
As added by P.L.2-2008, SEC.7.
IC 15-16-1-2
"Ammonia"
Sec. 2. As used in this chapter, "ammonia" means agricultural
anhydrous ammonia (NH3) fertilizer.
As added by P.L.2-2008, SEC.7.
IC 15-16-1-3
"Ammonia solution"
Sec. 3. As used in this chapter, "ammonia solution" means an
agricultural ammonia solution that:
(1) contains by weight at least ten per cent (10%) free ammonia;
or
(2) has a vapor pressure of at least one (1) pound per square
inch gauge (PSIG) at one hundred four (104) degrees
Fahrenheit.
As added by P.L.2-2008, SEC.7.
IC 15-16-1-4
"Distribute"
Sec. 4. As used in this chapter, "distribute" means to:
(1) offer for sale;
(2) sell;
(3) barter; or
(4) supply;
ammonia or ammonia solutions to a person for agricultural purposes
as a fertilizer. The term does not include a shipment made to a point
or points outside Indiana.
As added by P.L.2-2008, SEC.7.
IC 15-16-1-5
"Person"
Sec. 5. As used in this chapter, "person" means:
(1) an individual;
(2) a firm;
(3) a partnership;
(4) an association;
(5) a corporation;
(6) a company;
(7) a joint stock association;
(8) a body politic;
(9) an organized group of persons whether incorporated or not
incorporated;
(10) a trustee;
(11) an assignee; or
(12) any other representative of an entity described in
subdivisions (1) through (11).
As added by P.L.2-2008, SEC.7.
IC 15-16-1-6
Administration of chapter
Sec. 6. The state chemist or the state chemist's agent shall
administer this chapter.
As added by P.L.2-2008, SEC.7.
IC 15-16-1-7
Uniform rules; zoning regulations and building codes
Sec. 7. (a) The rules adopted under this chapter must be uniform
in force and effect throughout Indiana.
(b) This chapter does not impair the power of a municipality or
other political subdivision of this state to regulate the use of land by
zoning regulations or building codes.
As added by P.L.2-2008, SEC.7.
IC 15-16-1-8
Ammonia distribution facilities; approval of location; existing
facilities
Sec. 8. (a) Before installing facilities for the distribution of
ammonia or ammonia solutions, a person shall, on forms provided by
the state chemist, apply for approval of the location of the proposed
distribution facilities. The application must include a statement that
the installation will comply with all local zoning regulations and
building codes.
(b) If the state chemist determines that the location meets the
requirements of this chapter and the rules adopted under this chapter,
the state chemist shall issue written approval of the location not later
than thirty (30) days after receipt of the application. If the state
chemist determines that the location does not meet the requirements
of this chapter and the rules adopted under this chapter, the state
chemist shall issue written disapproval of the location not later than
thirty (30) days after receipt of the application.
(c) Distribution facilities installed before December 30, 1965, are
exempt from the requirements for location approval.
(d) A public way may not be placed closer to an existing
distribution facility than the distance required by rules adopted under
this chapter.
As added by P.L.2-2008, SEC.7.
IC 15-16-1-9
Inspection of facilities; entry onto premises
Sec. 9. (a) The state chemist or the state chemist's agent shall
inspect distribution facilities and operating procedures at reasonable
times and to the extent reasonably necessary to determine whether
the distribution facility complies with this chapter and the rules
adopted under this chapter.
(b) The state chemist or the state chemist's agent may enter any
public or private premises at reasonable hours in order to:
(1) have access to and inspect facilities, equipment, and
vehicles of transport not principally engaged in interstate
commerce; and
(2) observe procedures used in the distribution, application, or
use of ammonia or ammonia solutions.
As added by P.L.2-2008, SEC.7.
IC 15-16-1-10
Minimum safety standards
Sec. 10. (a) Except as provided in subsection (d), the state chemist
shall adopt rules establishing the minimum safety standards for the
design, construction, location, installation, and operation of
equipment for storage, handling, use, and transportation (not
otherwise regulated) of ammonia and ammonia solutions.
(b) The rules described in subsection (a) must be:
(1) reasonably necessary to protect the safety of the public,
including persons handling or using the materials; and
(2) in substantial conformity with the current nationally
accepted standards of safety that apply to the equipment
described in subsection (a).
(c) The state chemist shall adopt the rules described in subsection
(a) only after a notice and public hearing.
(d) The state chemist may allow the use of technologies or
methods other than those specified in rules adopted under subsection
(a) if the technologies or methods provide similar protection to the
public and persons handling or using ammonia or ammonia solutions.
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.3.
IC 15-16-1-11
Installation of equipment
Sec. 11. All equipment for the storage, handling, distribution, and
use of ammonia or ammonia solutions must be installed and
maintained:
(1) in a safe operating condition; and
(2) in conformity with the rules adopted under section 10 of this
chapter.
As added by P.L.2-2008, SEC.7.
IC 15-16-1-12
Violations; order to correct; extension of time
Sec. 12. (a) If the state chemist or the state chemist's agent finds
a violation of this chapter or the rules adopted under this chapter, the
state chemist or the state chemist's agent may issue an order to the
owner, the owner's agent, or the operator of the facility or equipment
involved directing that the violation be corrected immediately.
(b) The state chemist or the state chemist's agent shall grant a
request for a reasonable extension of time to comply with an order
described in subsection (a) if:
(1) there is practical difficulty in complying with the order; and
(2) the time extension will not cause a safety hazard to the
public, including persons who use the facility or equipment.
(c) An order issued under this section must be in writing.
As added by P.L.2-2008, SEC.7.
IC 15-16-1-13
Violations
Sec. 13. A person may not:
(1) install facilities for distribution of ammonia or ammonia
solutions without first obtaining written approval of the state
chemist for the location;
(2) distribute ammonia or ammonia solutions from an
unapproved location for which approval is required under this
chapter;
(3) distribute, store, transport, or use ammonia or ammonia
solutions in violation of this chapter or the rules adopted under
this chapter;
(4) violate a correction order issued under section 12 of this
chapter; or
(5) use an ammonia or ammonia solutions container for any
purpose without the prior authorization of the owner of the
container.
As added by P.L.2-2008, SEC.7.
IC 15-16-1-14
Violations; prosecution
Sec. 14. (a) A person who knowingly or intentionally violates this
chapter commits a Class C misdemeanor.
(b) The prosecuting attorney of any judicial circuit in which a
violation has occurred and to whom the state chemist has reported a
violation shall institute the appropriate proceedings and prosecute the
proceedings in a court.
(c) Before the state chemist reports a violation for prosecution as
described in subsection (b), the state chemist shall give the person
charged with a violation an opportunity to respond to the charges.
The state chemist need not report for prosecution minor violations of
this chapter if the state chemist believes that the public interest is
best served by another action.
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.4.
IC 15-16-1-15
Injunctions
Sec. 15. In addition to any other remedy provided by law, the state
chemist may apply for a temporary or permanent injunction
restraining a person from violating or continuing to violate this
chapter or any rule adopted under this chapter. An injunction shall be
issued without bond.
As added by P.L.2-2008, SEC.7.