Ind. Code ch. 15-16-3.3

in effect

Ind. Code § 15-16-3.3-1 Storage containers and appurtenances

Sec. 1. (a) Storage containers and appurtenances must be constructed, installed, and maintained to prevent the discharge or spill of fluid fertilizer. (b) Storage containers and appurtenances must be constructed of materials that are resistant to corrosion, puncture, or cracking. (c) Materials used in the construction or repair of storage containers and appurtenances may not be of a type that react chemically or electrolytically with stored fluid fertilizer in a way that may weaken the storage container or appurtenances or create a risk of discharge or spill. (d) Metals used for valves, fittings, and repairs on metal containers must be compatible with the metals used in the construction of the storage container so that the combination of metals does not cause or increase corrosion that may weaken the storage container or its appurtenances or create a risk of discharge or spill. (e) Storage containers and appurtenances must be designed to handle all operating stresses, taking into account static head, pressure buildup from pumps and compressors, and any other mechanical stresses to which the storage containers and appurtenances may be subject in the foreseeable course of operations. As added by P.L.98-2026, SEC.50.

Ind. Code § 15-16-3.3-2 Prohibition against underground storage; exemptions

Sec. 2. A person may not store fluid fertilizer in an underground or lined pit storage container. This prohibition does not apply to the following: (1) A watertight catch basin used for the temporary collection of runoff or rinsate from transfer and loading areas. (2) Storage in: (A) a "316" or "317" stainless steel storage container; or (B) a container approved by the state chemist, if: (i) the storage container is enclosed within an approved liner; and (ii) an approved program of ground water monitoring to detect leakage is established. As added by P.L.98-2026, SEC.50.

Ind. Code § 15-16-3.3-3 Abandoned containers

Sec. 3. (a) A storage container and other containers used at a storage facility to hold liquid bulk fertilizer or fertilizer rinsate are considered abandoned if the container has been out of service for more than six (6) months because of a weakness or leak or has been out of service for any reason for more than two (2) years. (b) An abandoned underground container, including an abandoned underground catch basin, must be thoroughly cleaned and removed from the ground or thoroughly cleaned and filled with an inert solid. All connections and vents must be disconnected and sealed. A record of the catch basin size, location, and method of closing must be maintained at the storage facility or as otherwise provided for in this chapter. (c) An abandoned aboveground container must be thoroughly cleaned. All hatches on the containers must be left open, and all valves or connections must be severed and left open. (d) A secondary containment facility is not considered abandoned because there have been no discharges into the secondary containment facility. As added by P.L.98-2026, SEC.50.

Ind. Code § 15-16-3.3-4 Prohibited materials for construction of storage containers

Sec. 4. (a) Storage containers and appurtenances may not be constructed of copper, brass, zinc, or copper base alloys. (b) A storage container and appurtenances used for the storage of fluid fertilizers containing phosphates or chlorides may not be constructed of aluminum or aluminum alloys. (c) A storage container and appurtenances used for the storage of low (less than five (5)) pH fluid fertilizers may not be constructed of ferrous materials other than "316" or "317" stainless steel unless the materials are coated or treated with a protective substance that is adequate to inhibit corrosion. (d) A storage container and appurtenances used for the storage of low pressure nitrogen solutions may not be constructed of mild steel, fiberglass, polyolefins, or plastic. However, this prohibition does not extend to nonpressure nitrogen solutions, commonly referred to as twenty-eight percent (28%), thirty percent (30%), or thirty-two percent (32%) nitrogen solutions. The prohibition against the use of mild steel does not extend to aqua ammonia. (e) A storage container and appurtenances used for the storage of phosphoric acid may not be constructed of ferrous materials other than "316" or "317" stainless steel unless the container is lined with a suitable substance to prevent corrosion. (f) A storage container and appurtenances used for the storage of fluid fertilizers containing potassium chloride (muriate of potash) may not be constructed of ferrous materials other than stainless steel unless the container and appurtenances are: (1) coated or treated with a protective substance that is adequate to inhibit corrosion; or (2) used for storage periods of not more than six (6) months each and are completely emptied between storage periods, cleaned, and inspected for leaks before being refilled for any subsequent period. As added by P.L.98-2026, SEC.50.

Ind. Code § 15-16-3.3-5 Anchoring storage containers

Sec. 5. (a) A storage container must be anchored, as necessary, to prevent flotation or instability that may occur as a result of liquid accumulations within a secondary containment facility constructed in accordance with this chapter. (b) In addition to other means approved by the state chemist, a container is assumed to be anchored if product is contained and maintained within the storage container at least to the height of the secondary containment walls. As added by P.L.98-2026, SEC.50.

Ind. Code § 15-16-3.3-6 Storage container and appurtenances security

Sec. 6. (a) A storage container and appurtenances must be secured to provide reasonable protection from wildlife, vandalism, and unauthorized access. The security must be provided by fencing, lighting, or other means approved by the state chemist. (b) Except for valves on empty containers or when a person responsible for facility security is present at the facility: (1) valves on storage containers; and (2) valves on mobile fertilizer containers at a storage facility; must be locked or secured. As added by P.L.98-2026, SEC.50.

Ind. Code § 15-16-3.3-7 Filling storage containers

Sec. 7. A storage container may not be filled beyond the capacity for which the container is designed, taking into account the density of the fluid being stored and thermal expansion during storage. As added by P.L.98-2026, SEC.50.

Ind. Code § 15-16-3.3-8 Pipes and fittings

Sec. 8. Pipes and fittings must be adequately supported to prevent sagging and possible breakage because of gravity and other forces that may be encountered in the ordinary course of operations. Except for an American National Standards Institute (ANSI) Schedule 80 pipe or a pipe with a greater wall thickness or hoses and piping made of stainless steel, all hoses and piping must be located in a contained area or double sleeved. Underground piping is permitted if the piping is: (1) made of stainless steel; (2) enclosed in secondary containment (a pipe within a pipe); or (3) hydrostatically tested annually. As added by P.L.98-2026, SEC.50.

Ind. Code § 15-16-3.3-9 Liquid level gauging device

Sec. 9. (a) Every storage container must be equipped with a liquid level gauging device by which the level of fluid in the storage container can be readily and safely determined. (b) A liquid level gauging device is not required if the level of fluid in a storage container can be readily and reliably measured by other means approved by the state chemist. (c) Liquid level gauging devices must be designed, installed, and secured, in a safe manner, to protect against breakage or vandalism that may result in a discharge or spill. (d) External sight gauges are prohibited unless the gauge is securely attached against the container wall and provided with a manually operated shut off valve which is locked in the shut off position at all times the level of fluid is not being measured. As added by P.L.98-2026, SEC.50.

Ind. Code § 15-16-3.3-10 Storage container labeling

Sec. 10. Except for the net weight of contents, every storage container must be clearly and prominently labeled to identify the container's fertilizer contents as provided in IC 15-16-2-32. As added by P.L.98-2026, SEC.50.

Ind. Code § 15-16-3.3-11 Storage containers and appurtenance maintenance

Sec. 11. Storage containers and appurtenances must be maintained to minimize the risk of a discharge or spill. As added by P.L.98-2026, SEC.50.

Ind. Code § 15-16-3.3-12 Operational area containment for fluid fertilizers

Sec. 12. (a) This section does not apply to mobile containers used to nurse field operations when at a field unloading site. (b) An area used for the loading of fluid fertilizer into a storage container or for unloading fluid fertilizer from a storage container into a mobile container must be curbed and paved with reinforced concrete or other suitable material that provides an impervious surface and is approved by the state chemist. All activities at the fluid fertilizer storage facility must be carried out within this area. (c) The operational area containment must be constructed and reinforced to support at least the foreseeable maximum gross load, including the following: (1) The product. (2) Equipment that utilizes the operational area. (3) The mobile container. (4) The motor vehicle. The curbed and paved area must have a minimum width of ten (10) feet, a minimum length of twenty (20) feet, and a minimum capacity of at least seven hundred fifty (750) gallons of discharged fluids. Any fill or unloading point of the mobile container must be positioned over the paved area during loading or unloading. (d) With the exception of secondary containment areas lined with synthetic or soil liners, and wherever sufficient capacity required in section 13(c) of this chapter and this chapter are complied with, the secondary containment area described in sections 13 though 23 of this chapter may be designed for and jointly used instead of a separate operational area containment. (e) An operational area may not have a relief outlet or valve. The base must slope to a collecting spot where liquid can be discharged, by a manually activated pump, for use in the blending process or for proper disposal in accordance with all applicable regulations. (f) All liquids must be promptly removed or recovered from the operational area containment so that the capacity required in subsection (c) is available at all times when operations are taking place. (g) Storage containers and appurtenances must be protected against reasonably foreseeable risks of damage by vehicles operating in the area. (h) Alternative means, including portable operational area containment systems meeting the capacity requirement, may be permitted with prior approval by the state chemist. (i) Operational area containment must be maintained, as necessary, to assure compliance with this chapter. As added by P.L.98-2026, SEC.50.

Ind. Code § 15-16-3.3-13 Secondary containment of fluid bulk fertilizers

Sec. 13. (a) Fluid fertilizer storage containers must be located within secondary containment constructed with a base, perimeter wall, and sloped floor. However, an exception for the sloped floor requirement may be granted by the state chemist. (b) The containment area must be separate from a secondary containment area for other materials and used only for containment of fluid fertilizer containers or other fertilizer related equipment. This subsection does not prohibit the storage within the diked area of anhydrous ammonia when stored in compliance with rules adopted under IC 15-16-1. Adjoining secondary containment areas may share common walls. (c) Secondary containment not protected from rainfall must at all times have a minimum capacity of one hundred percent (100%) of the volume of the largest storage container within the contained area plus the volume displaced by all the other tanks, equipment, and appurtenances in the area up to the safe design level of the containment structure plus a freeboard of six (6) inches. (d) Secondary containment protected from rainfall is not required to have the freeboard required in subsection (c) but must comply with all other requirements of this chapter. (e) A secondary containment constructed before July 6, 1991, and having a capacity of a minimum of one hundred ten percent (110%) of the volume of the largest storage container within the contained area plus the volume displaced by all the other tanks in the area up to the safe design level of the containment structure are deemed to be in compliance with this chapter. Any such storage facility that alters the secondary containment area or increases in storage container volume must be brought into full compliance within ninety (90) days of an alteration to the secondary containment area or increase in the storage container volume. (f) Tile drainage is not be permitted within or under secondary containment. (g) Alternative means of secondary containment, with prior approval of the state chemist, may be permitted. As added by P.L.98-2026, SEC.50.

Ind. Code § 15-16-3.3-14 Secondary containment walls

Sec. 14. (a) The walls of a secondary containment facility must be: (1) constructed of earth, steel, concrete (precasted modules or poured), or solid masonry; and (2) designed to withstand a full hydrostatic head of any discharged liquid and weight load of material used in construction. (b) Cracks and seams must be sealed to prevent leakage. (c) Walls constructed of earth or other permeable materials must be lined as provided under sections 15 through 19 of this chapter. (d) Earthen walls must have a horizontal-to-vertical slope consistent with good engineering practice. All interior slopes must be protected with: (1) flat road stone or a similar crushed stone material; or (2) a minimum of six (6) inches of vegetative soils planted and maintained with shallow rooted grasses. (e) The top of earthen walls must be no less than two and one-half (2.5) feet wide. (f) Walls may not exceed six (6) feet in height above interior grade unless provisions are made for: (1) normal access and necessary emergency access to storage containers, valves, and other equipment; and (2) safe exit from secondary containment. (g) Walls constructed of concrete or solid masonry must rest upon: (1) a floating base of concrete prepared to conform with section 16 of this chapter; or (2) suitable concrete footings that extend below the average frost depth. Joints between walls and base must be made watertight. As added by P.L.98-2026, SEC.50.

Ind. Code § 15-16-3.3-15 Secondary containment lining

Sec. 15. The base of a secondary containment facility and any earthen walls must be lined with: (1) concrete; (2) steel; (3) a synthetic liner approved by the state chemist; or (4) a clay soil liner. As added by P.L.98-2026, SEC.50.

Ind. Code § 15-16-3.3-16 Secondary containment concrete liners

Sec. 16. Concrete liners must be designed according to good engineering practices to withstand any foreseeable loading conditions, including a full hydrostatic head of discharged fluid and static loads of storage containers, including appurtenances, equipment, and contents. Cracks and seams must be sealed. As added by P.L.98-2026, SEC.50.

Ind. Code § 15-16-3.3-17 Secondary containment steel liners

Sec. 17. Steel plates may be used for wall and base liners. Installation plans must be approved by the state chemist, who shall require that the plates are protected against corrosion and are joined in a manner as to provide watertight joints. As added by P.L.98-2026, SEC.50.

Ind. Code § 15-16-3.3-18 Secondary containment synthetic liners

Sec. 18. (a) Synthetic liners and installation plans must be approved by the state chemist. The installation plan must address proposed protection of the synthetic liner from mechanical damage, vandalism, wildlife, and deterioration from exposure to the sun according to the manufacturer's recommendations. A synthetic liner may not be approved by the state chemist until the manufacturer of the liner provides a written confirmation of compatibility and estimate of the life of the liner. (b) Synthetic liners must have a minimum thickness of thirty (30) mils (eight-tenths (0.8) millimeters) and be chemically compatible with the materials being stored within the containment areas. (c) Synthetic liners must be installed under the supervision of a qualified representative of the manufacturer, and all field constructed seams must be tested and repaired according to the manufacturer's recommendations. As added by P.L.98-2026, SEC.50.

Ind. Code § 15-16-3.3-19 Secondary containment soil liners

Sec. 19. Before a soil liner is installed, the surface soil must be sealed, including the berm of an earthen dike, with a sealing agent such as sodium bentonite, attapulgite, or a similar cohesive material, including clay. The soil liner must be constructed in accordance with reliable engineering recommendations to establish a barrier layer that results in a downward water movement of not greater than one-millionth of one centimeter per second (1.0 × 10-6 cm/sec) at construction and maintained at one hundred thousandth of a centimeter per second (1.0 × 10-5 cm/sec) with a thickness of not less than six (6) inches. The soil liner must be protected based upon reliable engineering practices to maintain its integrity and performance. If heavy mechanized equipment is to be moved over the walls or floor liner, protection to the secondary containment must be provided. As added by P.L.98-2026, SEC.50.

Ind. Code § 15-16-3.3-20 Secondary containment exemptions

Sec. 20. (a) A liner is not required to be installed directly under a storage container having a capacity of one hundred thousand (100,000) gallons or more that has been constructed onsite and put into use before July 6, 1991, if one (1) of the following alternative procedures are complied with, certified to in writing by an official of the company that owns the container, and the certificate is filed with the state chemist: (1) Alternative 1 must meet the following requirements: (A) A second bottom made of steel must be constructed for the storage container and placed over the original bottom and a layer of smooth, fine gravel or coarse sand having a minimum thickness of six (6) inches. (B) The original bottom of the storage container must be tested for leaks before the sand layer or second bottom is installed. A record of the test must be kept on file at the storage facility. (C) The newly constructed bottom must be tested for leaks before any fluid fertilizer is stored on the newly constructed bottom. A record of the test must be kept on file at the storage facility or at the nearest local office from which the storage facility is administered. (D) There must be a method by which leaks from the newly constructed bottom into the sand layer may readily be detected. (E) The newly constructed bottom must be tested at least once every five (5) years for leaks. A record of the tests must be kept at the storage facility. (2) Alternative 2 must meet the following requirements: (A) The container must be emptied, cleaned, and tested for leaks. The walls and floor of the container must be tested to assure that welds and thickness of steel plates are sound and adequate to contain the fertilizers. A record of the inspection, test results, and any repairs made must be submitted to the state chemist and maintained by the owner or operator. (B) The interior floor and at least twelve (12) inches of the wall areas of the container above the floor must be coated with a liner approved by the state chemist to inhibit corrosion. A record of this procedure must be submitted to the state chemist and maintained by the owner or operator. (C) A test for leaks, approved by the state chemist, must be conducted every five (5) years thereafter. A record of the test findings and indicated repairs and maintenance must be maintained by the owner or operator. (3) Alternative 3 must meet the following requirements: (A) Monitoring devices must be installed in angled borings in the unsaturated earth materials under each tank. These monitoring devices must constitute a leak detection system for each tank in advance of the point at which any leak would reach ground water. (B) The number, length, and depth of each boring must be determined on the basis of site characteristics. The array of monitoring devices under each tank must constitute the best practical early warning detection system for tank leakage. (C) Each monitoring plan under this alternative must be implemented only upon review and approval of the state chemist. (b) The secondary containment requirements under this chapter do not apply to rail cars that are periodically moved to and from the storage facility. (c) The state chemist may recognize other methods that provide equivalent protection to the requirements under this chapter. As added by P.L.98-2026, SEC.50.

Ind. Code § 15-16-3.3-21 Elephant rings instead of a diked containment area

Sec. 21. (a) Individual storage containers not exceeding three thousand (3,000) gallons may be contained within a secondary storage container elephant ring instead of a diked containment area. (b) Both the primary storage container and the elephant ring must be fabricated of material compatible with: (1) each other; and (2) the fertilizer being stored. (c) The height of the elephant ring wall may not exceed four (4) feet. The volume contained within the secondary storage walls up to the working height of the elephant ring must be sufficient to contain a volume equal to the volume contained in the primary storage container plus the volume displaced by any equipment, including pumps and meters, placed within the secondary containment vessel up to the safe storage level of the elephant ring, plus a freeboard of six (6) inches, which freeboard is exempted if the containment system is protected from rainfall. (d) The elephant ring must be free of leaks and structural defects. The base must be: (1) protected from corrosion, both from inside and outside; and (2) designed according to good engineering practices. (e) All piping connections to the primary storage container must be: (1) made over the wall of the elephant ring; and (2) adequately supported and braced. Pumps and other fixtures, if located within the elephant ring containment structure, must be placed on an elevated platform. (f) Accumulations of liquids must be drained from the elephant ring over the wall of the container by means of a manually operated pump for use in the blending process or for proper disposal in accordance with all applicable laws. (g) An elephant ring must be maintained as necessary to assure compliance with this chapter. As added by P.L.98-2026, SEC.50.

Ind. Code § 15-16-3.3-22 Drainage from contained areas within dikes

Sec. 22. (a) A secondary containment area may not have a relief outlet or valve. The base must slope to a collecting spot where liquid can be discharged, by a manually activated pump, for use in the blending process or for proper disposal in accordance with all applicable laws. (b) Accumulated liquids in the secondary containment area must be promptly removed from the secondary containment area. As added by P.L.98-2026, SEC.50.

Ind. Code § 15-16-3.3-23 Secondary containment maintenance

Sec. 23. (a) Secondary containment must be maintained as necessary to assure compliance with this chapter. (b) All secondary containment areas must be maintained free of debris and foreign matter. As added by P.L.98-2026, SEC.50.

Ind. Code § 15-16-3.3-24 Storage and handling of dry bulk fertilizers

Sec. 24. (a) Dry bulk fertilizer, stored indoors, must be in a sound structure having a cover or roof top, sidewalls, and an impervious base sufficient to prevent contact with precipitation and surface waters. Temporary outdoor storage must be allowed for a maximum of thirty (30) days. However, material must be covered with a tarpaulin, or other suitable covering, to prevent seepage of runoff. (b) All loading, unloading, mixing, and handling of dry bulk fertilizer must be performed over an impervious surface that allows for recovery of discharged product unless performed at a field unloading site. Fertilizer that is discharged must be promptly recovered. As added by P.L.98-2026, SEC.50.

Ind. Code § 15-16-3.3-25 Storage facility location notice

Sec. 25. The storage facility must notify the state chemist each year of the facility's location and status. Notice must include the following: (1) Facility's mailing address. (2) Owner or manager. (3) Type of facility. (4) Rated or calculated capacity of all bulk tanks and dry storage units. (5) Facility's physical location. Notice must be made upon forms furnished by the state chemist. As added by P.L.98-2026, SEC.50.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/15Fetched: 10/17/2026