Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 16 - Municipal Solid Waste Landfills; Location Restrictions › Section 16-11 - Setbacks

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Affected: IC 13-18; IC 13-20; IC 14-22-34; IC 36-9-30
Sec. 11.
(a) The
				solid waste boundaries of new MSWLFs and lateral expansions for applicants that
				are applying for permits under this article must not be located within the
				specified distances of the following designated points in existence on the date
				of public notice for zoning approval for the permitted activity or the date the
				application is received by the commissioner if there is no local zoning
				authority within the political subdivision where the proposed facility will be
				located:
(1) Nine hundred (900) feet of a
				dwelling.
(2) One thousand (1,000)
				feet of a potable water supply well or drinking water spring unless either of
				the following occurs:
(A) The department
				approves a ground water time of travel analysis that shows that ground water
				cannot travel from the solid waste boundary to the potable water supply well or
				drinking water spring in less than five (5) years. If the analysis is approved,
				the solid waste boundary may be located at a distance no less than the distance
				ground water can travel from the solid waste boundary in five (5) years, but in
				no case shall the distance be less than six hundred (600) feet.
(B) The applicant offers to conduct a testing
				program for all potable water supply wells and drinking water springs within
				one thousand (1,000) feet of the solid waste boundary. In no case shall the
				solid waste boundary be within six hundred (600) feet of any potable water
				supply wells and drinking water springs. The applicant shall submit, with the
				permit application to the department, a copy of a certified letter offering
				testing to each owner of all such potable water supply wells and drinking water
				springs. When conducted, the testing program must include the following:
(i) Annual testing of such water supply wells
				and drinking water springs for each owner that accepts the offer.
(ii) Testing for the parameters in Table 1A
				in
				329 IAC
				10-21-15(a)  and Table 1B in
				329 IAC
				10-21-15(b).
(iii) Submitting results of the annual
				testing to the department with the quarterly report that most closely coincides
				with the sampling events if the applicant has access to the test
				results.
(3)
				One hundred (100) feet of a wetland classified as a jurisdictional wetland or
				jurisdictional water of the United States by the United States Army Corps of
				Engineers under authority of the Clean Water Act,
				33 U.S.C.
				1344.
(4) Two thousand six hundred forty (2,640)
				feet from a public or nonpublic school.
(5) One thousand two hundred fifty (1,250)
				feet of a public or private hospital with more than twenty (20) beds.
(6) Two hundred (200) feet of a continuously
				flowing river.
(7) Two hundred
				(200) feet of a continuously flowing stream.
(8) Two hundred (200) feet of the real
				property boundary of the MSWLF.
(9)
				One thousand (1,000) feet of a drinking water supply reservoir that is being
				used as a drinking water supply for humans or is intended to be used as a
				drinking water supply for humans unless the department approves a ground water
				time of travel analysis that shows that ground water cannot travel from the
				solid waste boundary to the drinking water supply reservoir in less than five
				(5) years. If the analysis is approved, the solid waste boundary may be located
				at a distance no less than the distance ground water can travel from the solid
				waste boundary in five (5) years, but in no case shall the distance be less
				than six hundred (600) feet.
(10)
				Six hundred (600) feet of a factory.
(11) Six hundred (600) feet of an
				office.