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

Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-2; IC 15-16-4; IC 15-16-5

Sec. 9. A public water system shall comply with the following provisions for the separation of a production well from a potential or existing source of contamination or damage, except replacement wells as allowed under section 9.1 of this rule:

1. (1) The sanitary setback from a potential or existing source of contamination for the construction of a public water system production well is the circular area within a radius as stated in the following table:

   Table 9-1
   Sanitary Setback Radius Provisions (Linear Feet Measured from the Outside Edge of the Well Casing)
   Public Water System Type	Sanitary Setback Radius	Well Subjected to Automatic Disinfection*	Favorable Hydrogeologic Conditions are Present**
   Community	200	100	100
   Noncommunity greater than or equal to 70 gpm***	200	100	100
   Noncommunity, Susceptible Populations****	200	100	100
   Noncommunity, Nonsusceptible, less than 70 gpm***	100	100	100
   *Automatic disinfection as described in subdivision (2).
   **Favorable hydrogeologic conditions as described in subdivision (3).
   ***70 gallons per minute (gpm) as measured per pump (rated capacity).
   ****Schools, correctional facilities, health care facilities, and agricultural labor camps.

2. (2) The radius creating the sanitary setback shall be one hundred (100) feet for a well that will be subject to automatic disinfection treatment before entering the water distribution system. To meet this provision at systems using chlorine or chlorine dioxide, the:

   1. (A) free chlorine residual disinfectant concentration in the water entering the water distribution system cannot be less than two-tenths (0.2) milligrams per liter (mg/l) for more than four (4) hours; and
   2. (B) residual disinfectant level in the water distribution system cannot be undetectable in more than five percent (5%) of the samples collected each month in accordance with 327 IAC 8-2.5-6(c).
3. Systems using disinfectants other than chlorine or chlorine dioxide must maintain an equivalent level of disinfection as determined by the commissioner.

4. (3) A determination of favorable hydrogeological conditions may be approved by the commissioner after the submission of a report that is signed, dated, and sealed by a licensed professional geologist or other person legally authorized to perform geological services or a professional engineer who applies geology to the practice of engineering. The report must include the following information:

   1. (A) The thickness, vertical permeability, and spatial continuity of a protective layer or layers overlying the production aquifer.
   2. (B) The local and regional geologic conditions of the well site area.
   3. (C) The relative susceptibility to contamination of the proposed production aquifer.
5. (4) A well discharging into the inlet side of a surface water treatment process plant that meets the requirements of 327 IAC 8-2-8.5, 327 IAC 8-2-8.6, and 327 IAC 8-2.6 shall not be held to a sanitary setback requirement.

6. (5) The sanitary setback shall be subject to the following additional requirements:

   1. (A) The separation distance between two (2) or more wells of a public water system shall be maintained in accordance with the following:

      1. (i) A production well with a pumping capacity of less than seventy (70) gallons per minute (gpm) shall not be located closer than fifty (50) feet from another production well.
      2. (ii) A production well with a pumping capacity of greater than or equal to seventy (70) gpm shall not be located closer than one hundred (100) feet from another production well.
      3. (iii) A public water system drinking water well that is a part of a transient noncommunity public water system shall not be closer than fifty (50) feet, regardless of the capacity of pumping equipment, from another well in the system.

   2. (B) A storm or sanitary sewer shall not be located within the sanitary setback of a production well unless the storm or sanitary sewer is:

      1. (i) more than fifty (50) feet, as measured from all directions, from a public water system production well; and
      2. (ii) constructed in accordance with 327 IAC 8-3.2-8, 327 IAC 8-3.2-17(a), and 327 IAC 8-3.2-17(b).

   3. (C) The sanitary setback for a public water system production well shall conform to the following requirements concerning transportation routes:

      1. (i) Roadways, paved surfaces, and parking areas for service vehicles that:

         1. (AA) service the proposed well, pump, and appurtenances;
         2. (BB) are owned or controlled by the public water system; and
         3. (CC) are restricted from access by the public;
      2. shall not be held to a sanitary setback requirement.

      3. (ii) Roadways, paved surfaces, and parking areas that are part of the following shall not be located within fifty (50) feet of a well:

         1. (AA) Residential subdivisions.
         2. (BB) Apartment communities.
         3. (CC) Mobile home parks.
         4. (DD) Recreational parks.

      4. (iii) A transportation route, such as a railway, roadway, paved area, or parking area, including paved or unpaved roadway or surface areas, that is:

         1. (AA) accessible in full or in part for commercial or industrial transportation activities; or
         2. (BB) listed as a hazardous material route;
      5. shall not be located within the sanitary setback as measured from the outside edge of the well casing to the traveled portion of the transportation route.

   4. (D) The distance between the location of a public water system production well casing and a surface water body, such as:

      1. (i) a stream;
      2. (ii) a pond;
      3. (iii) a lake;
      4. (iv) a river;
      5. (v) an impoundment; or
      6. (vi) a drainage ditch;
   5. shall be a minimum of twenty-five (25) feet.

7. (6) The commissioner may modify the requirements of a sanitary setback, control area, or a separation distance to an alternative area or distance so long as the alternative area or distance shall be able to provide the same factor of safety for filtering pathogenic contaminants as the sanitary setback or separation distance. The commissioner's decision to allow an alternative sanitary setback or separation distance shall be based on the following conditions:

   1. (A) The applicant's submission of a report describing the following:

      1. (i) Treatment processes.
      2. (ii) Geologic features.
      3. (iii) Additional water monitoring provisions.
      4. (iv) Other means of providing pathogenic contaminant filtration.
      5. (v) Other means of mitigating contaminant sources relative to the location of the well.

   2. (B) The report required by clause (A) must:

      1. (i) be signed and sealed by a professional engineer, licensed well driller, or licensed professional geologist; or
      2. (ii) cite the applicable provisions of 327 IAC 8-4.1.
8. (7) A supplier of water to a public water system shall own or control the sanitary setback by recorded deed, easement, or long term lease. A small nontransient noncommunity public water system or small transient noncommunity public water system shall own or control a fifty (50) foot sanitary setback by recorded deed, easement, or long term lease.

9. (8) The use, application, storage, mixing, loading, and transportation of pesticides in accordance with IC 15-16-4, IC 15-16-5, and the rules and guidance thereunder, developed by the Indiana pesticide review board and the office of the Indiana state chemist, may occur within the sanitary setback if the following requirements are met by the public water system:

   1. (A) The production well casing is constructed of steel in accordance with section 16 of this rule.

   2. (B) The product is stored within a containment system:

      1. (i) designed;
      2. (ii) constructed;
      3. (iii) operated; and
      4. (iv) maintained;
   3. to contain spills or leaks.

10. (9) Water treatment chemicals and fuels for water production equipment containing contaminants that are not registered pesticides regulated under the federal Safe Drinking Water Act, 42 U.S.C. 300f et seq., as amended August 6, 1996* may be used, stored, mixed, loaded, and transported within the standard sanitary setback if the following conditions are met:

    1. (A) The production well casing is constructed of steel in accordance with section 16 of this rule.

    2. (B) The product is stored:

       1. (i) within a containment system designed, constructed, operated, and maintained to contain spills or leaks; and
       2. (ii) in an underground or aboveground storage tank that is in conformance with applicable federal, state, and local laws and regulations.

*The federal Safe Drinking Water Act is incorporated by reference. Copies of this law may be obtained from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402 or from the Indiana Department of Environmental Management, Office of Water Quality, Indiana Government Center-North, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana 46204.

(Water Pollution Control Division; 327 IAC 8-3.4-9; filed Jun 17, 1999, 1:50 p.m.: 22 IR 3371; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; errata filed Feb 6, 2006, 11:15 a.m.: 29 IR 1937; filed Apr 24, 2006, 3:00 p.m.: 29 IR 2963; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA; errata filed Jul 31, 2017, 11:06 a.m.: 20170809-IR-327170349ACA; readopted filed Jun 14, 2019, 1:59 p.m.: 20190710-IR-327190246BFA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)