Sec. 1. Except as otherwise provided in this chapter, this chapter applies to: (1) every facility for the distribution of ammonia or ammonia solutions; and (2) every facility for the storage of ammonia or ammonia solutions; that is located in Indiana. [Pre-2008 Recodification Citation: 15-3-2-12.] As added by P.L.2-2008, SEC.7. Amended by P.L.143-2017, SEC.1.
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 […]
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. [Pre-2008 Recodification Citation: 15-3-2-11.] As added by P.L.2-2008, SEC.7.
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 […]
Sec. 13. A person may not: (1) install: (A) a facility for the distribution of ammonia or ammonia solutions; or (B) a facility for the storage of ammonia or ammonia solutions; without first obtaining written approval of the state chemist for the location of the facility; (2) distribute ammonia or ammonia solutions from an unapproved […]
Sec. 14. (a) If a person violates this chapter or a rule adopted under this chapter, the state chemist may: (1) warn, issue a citation to, or impose a civil penalty on the person; or (2) deny, suspend, revoke, or amend the person’s license, certificate, registration, permit, or application under this chapter or IC 15-16-2. […]
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. [Pre-2008 Recodification Citation: 15-3-2-13(b).] As added by P.L.2-2008, […]
Sec. 16. The state chemist may request a court to issue subpoenas to compel: (1) the attendance of witnesses; or (2) the production of books, documents, and records; as part of an authorized investigation or a hearing located in Indiana affecting the authority or privilege granted by a license, certificate, application, registration, or permit issued […]
Sec. 2. As used in this chapter, “ammonia” means anhydrous ammonia (NH3) that is intended for use as a fertilizer for agricultural purposes. [Pre-2008 Recodification Citation: 15-3-2-3(a).] As added by P.L.2-2008, SEC.7. Amended by P.L.143-2017, SEC.2.
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. [Pre-2008 Recodification Citation: 15-3-2-3(b).] […]
Sec. 3.5. As used in this chapter, “board” refers to the Indiana fertilizer advisory board established by IC 15-16-2-25. As added by P.L.99-2012, SEC.1.
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. [Pre-2008 Recodification Citation: 15-3-2-3(d).] As added […]
Sec. 4.5. As used in this chapter, “facility for the storage of ammonia or ammonia solutions” means a facility in which ammonia or ammonia solutions are: (1) stored by a person that manufactures or distributes ammonia or ammonia solutions; (2) stored in stationary containers; or (3) stored in mobile containers for more than thirty (30) […]
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) […]
Sec. 6. The state chemist or the state chemist’s agent shall administer this chapter. [Pre-2008 Recodification Citation: 15-3-2-2.] As added by P.L.2-2008, SEC.7.
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. [Pre-2008 Recodification Citation: 15-3-2-10.] As added by […]
Sec. 8. (a) Before installing: (1) a facility for the distribution of ammonia or ammonia solutions; or (2) a facility for the storage of ammonia or ammonia solutions; a person shall, on forms provided by the state chemist, apply for approval of the location of the proposed facility. The application must include a statement that […]
Sec. 9. (a) The state chemist or the state chemist’s agent shall inspect: (1) facilities for the distribution of ammonia or ammonia solutions; (2) facilities for the storage of ammonia or ammonia solutions; and (3) operating procedures used at the inspected facilities; at reasonable times and to the extent reasonably necessary to determine whether the […]
