Authority: IC 13-14-8-7; IC 13-15-1-2; IC 13-15-2-1; IC 13-18-3-1; IC 13-18-12- 4

Affected: IC 13-11-2; IC 13-12-3-1; IC 13-18; IC 13-30-2-1

Sec. 35. (a) "Land with a low potential for public exposure" means land that:

1. (1) has restricted access;
2. (2) is inaccessible to the public; or
3. (3) is not used by the public during normal work or recreational activities.

(b) Examples include, but are not limited to, the following:

1. (1) Agricultural land, except land in section 34(b)(4) of this rule.
2. (2) Forest not included in section 34(b)(1) of this rule.
3. (3) Solid waste land disposal facilities as defined in 329 IAC 10-2-176.
4. (4) Strip mines not located in a populated area or accessible to the public.
5. (5) Industrial sites not located in a populated area or accessible to the public.
6. (6) Construction sites not located in a populated area or accessible to the public.

7. (7) Other sites that the commissioner may consider to have a low potential for public exposure based on any of the following:

   1. (A) Existing public roads.
   2. (B) Population density.
   3. (C) Recreational opportunity.
   4. (D) Infrastructure development.
   5. (E) Level of management of property.

(Water Pollution Control Division; 327 IAC 6.1-2-35; filed May 15, 1998, 10:20 a.m.: 21 IR 3782; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; filed Jul 7, 2003, 4:25 p.m.: 26 IR 3600; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR- 327070553BFA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA; readopted filed Jun 14, 2019, 1:59 p.m.: 20190710-IR-327190246BFA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)