Section 327 IAC 7.1-5.1-2 - Site restrictionsAuthority: IC 13-14-8; IC 13-18-12-4
Affected: IC 13-18-12
Sec. 2.
(a) Except under subsection (b), a storage or treatment facility must not be constructed: (1) within one hundred (100) feet of any easement;(2) within three hundred (300) feet of any public road;(3) within six hundred (600) feet of any:(C) public gathering place;(H) intermittent waterway;(I) surface water impoundment;(M) undrained depression; or(N) potable water supply;(4) within one thousand (1,000) feet of any:(A) public water supply well or public water supply surface intake structure;(C) critical habitat of endangered or threatened species;(6) in a manner that would allow the septage to enter waters of the state.(b) A reduced distance from a setback in subsection (a)(1), (a)(2), (a)(3)(A), (a)(3)(B), or (a)(3)(D) may be allowed if the owner or operator of the storage or treatment facility submits with the application a written waiver from the following: (1) The appropriate local government agency or other appropriate entity with authority to authorize a waiver to a setback for:(A) an easement located within the setback distance in subsection (a)(1); or(B) a public road located within the setback distance in subsection (a)(2).(2) The owner and occupant of a residence or place of business located within the setback distance in subsection (a)(3)(A) or (a)(3)(B).(3) The owner of property bordered by a property line located within the setback distance in subsection (a)(3)(D).Water Pollution Control Division; 327 IAC 7.1-5.1-2; filed 3/3/2022, 10:40 a.m.: 20220330-IR-327140029FRA