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 13-18-12

Sec. 3. (a) Storage structures, except for lagoons, must not be constructed or maintained:

1. (1) within one thousand (1,000) feet of any residence or public building;
2. (2) within three hundred (300) feet of any surface waters or the surface conduit to a subsurface feature;
3. (3) within two hundred (200) feet of any well;
4. (4) in a flood plain; and
5. (5) in a manner that allows the biosolid, industrial waste product, or pollutant-bearing water to enter surface waters or ground water.

(b) Lagoons must not be constructed or maintained:

1. (1) within one thousand (1,000) feet of any:

   1. (A) residence;
   2. (B) public building; and
   3. (C) property line;
2. (2) within six hundred (600) feet of any surface waters or the surface conduit to a subsurface feature;
3. (3) within two hundred (200) feet of any well;
4. (4) in a flood plain; and
5. (5) in a manner that allows the biosolid, industrial waste product, or pollutant-bearing water to enter surface waters or ground water.

(c) The distance established in subsections (a)(1) and (b)(1) applies unless the written consent to shorten the distance is obtained from the property owner or the property owner and the dwelling occupant if the property owner and dwelling occupant are different persons. This written consent must be recorded as a notation on the deed to the property on which the storage structure is located or on some other instrument that is normally examined during title search.

(Water Pollution Control Division; 327 IAC 6.1-8-3; filed May 15, 1998, 10:20 a.m.: 21 IR 3811; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; filed Jul 7, 2003, 4:25 p.m.: 26 IR 3630; readopted filed Sep 17, 2009, 3:49 p.m.: 20091014-IR-327090595BFA; 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)