Indiana Administrative Code
Title 329 - SOLID WASTE MANAGEMENT DIVISION
Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES
Rule 25 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Location Restrictions
Section 25-2 - Solid waste boundary limits; nonmunicipal solid waste landfills
Current through September 18, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-30-2; IC 36-9-30
Sec. 2.
On and after the effective date of this article, the solid waste boundary of new nonmunicipal solid waste landfills and the additional areas beyond that which has been previously approved for existing nonmunicipal solid waste landfills must be prohibited from the following areas:
(1) Wetlands in violation of Section 404 of the Clean Water Act as amended February 4, 1987.
(2) The critical habitat of an endangered species as defined by 50 CFR 17.
(3) Floodways of drainage areas greater than one (1) square mile, without the approval of the department of natural resources and floodways without provisions to prevent washout of the waste.
(4) Within areas of karst topography, without provisions to collect and contain all of the leachate generated, and without a demonstration that the integrity of the landfill will not be damaged by subsidence.
(5) Over mines, unless it is demonstrated that the integrity of the landfill will not be damaged by subsidence.
(6) Within six hundred (600) feet of a potable water well, in use as a water supply for a dwelling or dwellings on the date of public notice for zoning approval for the permitted activity or the date of public notice by the commissioner of the permit application, whichever occurs first, unless written consent is obtained from the owner of the well.
(7) Within six hundred (600) feet of any dwelling, in existence on the date of public notice for zoning approval for the permitted activity or the date of public notice by the commissioner of the permit application, whichever occurs first, unless written consent has been obtained from the occupant and the owner of the dwelling.
(8) Within one hundred (100) feet of the normal water line of any lake, reservoir, or continuously flowing stream.
(9) Within the floodplain unless the waste is protected from floodwater inundation by a dike with a top elevation not less than three (3) feet above the base flood elevation.
(10) Within one hundred (100) feet of the real property boundaries of the facility.
(11) Within one thousand two hundred (1,200) feet of any public water supply well, in use as such on the date of public notice for zoning approval for the permitted activity or the date of public notice by the commissioner of the permit application, whichever occurs first, unless written consent is obtained from the owner of the well.
