Authority: IC 13-14-8; IC 13-18-12-4

Affected: IC 13-18-12

Sec. 2. (a) Except under subsection (b), a storage or treatment facility must not be constructed:

1. (1) within one hundred (100) feet of any easement;
2. (2) within three hundred (300) feet of any public road;

3. (3) within six hundred (600) feet of any:

   1. (A) residence;
   2. (B) place of business;
   3. (C) public gathering place;
   4. (D) property line;
   5. (E) lake;
   6. (F) pond;
   7. (G) stream;
   8. (H) intermittent waterway;
   9. (I) surface water impoundment;
   10. (J) wetland;
   11. (K) rock outcrop;
   12. (L) sink hole;
   13. (M) undrained depression; or
   14. (N) potable water supply;

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

   1. (A) public water supply well or public water supply surface intake structure;
   2. (B) historic site; or
   3. (C) critical habitat of endangered or threatened species;
5. (5) in a flood plain; or
6. (6) in a manner that would allow the septage to enter waters of the state.

(b) A reduced distance from a setback in subsection (a)(1), (a)(2), (a)(3)(A), (a)(3)(B), or (a)(3)(D) may be allowed if the owner or operator of the storage or treatment facility submits with the application a written waiver from the following:

1. (1) The appropriate local government agency or other appropriate entity with authority to authorize a waiver to a setback for:

   1. (A) an easement located within the setback distance in subsection (a)(1); or
   2. (B) a public road located within the setback distance in subsection (a)(2).
2. (2) The owner and occupant of a residence or place of business located within the setback distance in subsection (a)(3)(A) or (a)(3)(B).
3. (3) The owner of property bordered by a property line located within the setback distance in subsection (a)(3)(D).

(Water Pollution Control Division; 327 IAC 7.1-5.1-2; filed Mar 3, 2022, 10:40 a.m.: 20220330-IR- 327140029FRA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)