Indiana Administrative Code
Title 327 - WATER POLLUTION CONTROL DIVISION
Article 20 - SATELLITE MANURE STORAGE STRUCTURE PERMITTING PROGRAM
Rule 5 - Design and Construction
Section 5-1 - Site restrictions and setbacks
Universal Citation: 327 IN Admin Code 5-1
Current through September 18, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10.5
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC 13-30
Sec. 1.
(a) A SMSS must not be located:
(1) except as provided
in subsection (b), in karst terrain based on information compiled by the
department, and from karst and bedrock maps from the Indiana Geological Survey
dated 1997;
(2) in a
floodway;
(3) in a one hundred
(100) year flood plain;
(4) over
mines; or
(5) in soil types that
are expected to have a seasonable high water table, unless the water table is
lowered to keep the water table below the bottom of the SMSS as described in
section 2(c) of this rule.
(b) The commissioner may approve a SMSS to be located in karst terrain based upon submittal of the following site-specific information to the commissioner:
(1)
Characterization of the seasonal water table and soil.
(2) Design and construction specifications
that ensure adequate structural integrity and environmental
protection.
(3) For an earthen
SMSS, in addition to 327 IAC 20-4-1, information from at least one (1) of the
soil borings or test holes, as described in section 2(a)(3) of this rule, to
the shallower of either:
(A) bedrock;
or
(B) ten (10) feet below the
lowest point of the proposed SMSS.
(4) Other information that the commissioner
deems necessary to ensure protection of human health and the
environment.
(c) A SMSS must be located to maintain the minimum setback distances from the following features that are known and identifiable at the time an application is submitted to the department:
(1) One thousand
(1,000) feet from a public water supply well or public water supply surface
intake structure.
(2) Three hundred
(300) feet from any:
(A) surface
water;
(B) drainage inlets,
including water and sediment control basins;
(C) sinkholes, as measured from the outer
limit of the depression in the ground surface formed by the sinkhole where
surface water drains to the sinkhole; or
(D) off-site water wells.
(3) One hundred (100) feet from
any:
(A) on-site water wells;
(B) property lines; or
(C) public roads.
(4) Four hundred (400) feet from existing
off-site residential and public buildings.
(d) The property line setback distances in this section may be waived in writing by the owner of the adjoining property.
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