327 IAC 7.1-5.1-2 Site restrictions

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: (A) residence; (B) place of business; (C) public gathering place; (D) property line; (E) lake; (F) pond; (G) stream; (H) intermittent waterway; (I) surface water impoundment; (J) wetland; (K) rock outcrop; (L) sink hole; (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; (B) historic site; or (C) critical habitat of endangered or threatened species; (5) in a flood plain; or (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).