Indiana Administrative Code
Title 327 - WATER POLLUTION CONTROL DIVISION
Article 7.1 - WASTEWATER MANAGEMENT
Rule 5.1 - Storage and Treatment of Septage
Section 5.1-2 - Site restrictions

Universal Citation: 327 IN Admin Code 5.1-2

Current through September 18, 2024

Authority: 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:
(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).

Disclaimer: These regulations may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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