Indiana Administrative Code
Title 329 - SOLID WASTE MANAGEMENT DIVISION
Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES
Rule 33 - Restricted Waste Site Type III and Construction/Demolition Sites; Location Restrictions
Section 33-1 - Solid waste boundary limits
Universal Citation: 329 IN Admin Code 33-1
Current through March 20, 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. 1.
(a) On and after the effective date of this article, the solid waste boundary of a new restricted waste site Type III and the additional areas beyond that which have been previously approved for existing restricted waste site Type III 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:
(A) provisions to collect
and contain all of the leachate generated; and
(B) 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 of the permit application by the commissioner, whichever
occurs first, unless written consent is obtained from the owner of the
well.
(7) Within fifty (50) feet of
the real property boundaries of the facility.
(b) On and after the effective date of this article, the solid waste boundary of a new construction/demolition site and the additional areas beyond that which have been previously approved for existing construction/demolition sites 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:
(A) provisions to collect
and contain all of the leachate generated; and
(B) 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 of the permitted activity or the date
of public notice of the permit application by the commissioner, 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 of 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
flood plain 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 fifty (50)
feet of the real property boundaries of the facility.
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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