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.
(b) In addition
to the setback distances provided in subsections (a) and (c), the solid waste
boundaries of new MSWLFs and lateral expansions for applicants that are
applying for a permit under this article must not be located within an area
designated for protection by a five (5) year delineation by an Indiana Wellhead
Protection Plan approved by the department. If there is no approved Indiana
Wellhead Protection Plan, the solid waste boundaries of new MSWLFs and lateral
expansions for applicants that are applying for a permit under this article
must not be located within three thousand (3,000) feet of a community water
supply well.
(c) In addition to the
setback distances provided in subsection (a), the solid waste boundaries of new
MSWLFs and lateral expansions for applicants that are applying for a permit
under this article must not be located in violation of IC 14-22-34.
(d) This rule does not prohibit a legislative
body within the political subdivision where the MSWLF or lateral expansion will
be located or a local zoning authority, if applicable, from adopting a
resolution or ordinance to extend a setback distance established in subsections
(a) through (c).
(e) The provisions
of this section do not supersede any setback provision in Indiana statute.
