Ind. Admin. Code tit. 329, r. 4.1-9-3 – Location restrictions

Sec. 3. (a) An alternative disposal facility must comply with all applicable zoning and location restrictions of the political subdivision in which the facility is located.

(b) The owner or operator shall provide documentation that all required zoning and other local approvals, if any are required, have been obtained before written approval under 329 IAC 4.1-4-1, which incorporates 40 CFR 761.60(e) by reference, is requested. Documentation that all required zoning and other local approvals have been obtained may include the following:

(1) A copy of the:
1. (A) zoning requirements, if any, for solid waste facilities in the area;
2. (B) improvement location permit or occupancy permit issued by the zoning authority having jurisdiction for the site, if a solid waste land disposal facility is permitted by the zoning ordinance in the area;
3. (C) amendment to the zoning ordinance adopted under IC 36-7-4-901 et seq., if:
  1. (i) a change in the zone maps is required for the area; or
  2. (ii) such amendment is required for the area; and
4. (D) variance, special exception, special use, contingent use, or conditional use approved under IC 36-7-4-918.2 through IC 36-7-4-918.5, if such approval is required for the area;
where the facility is to be located.
(2) The status of any appeal of any zoning determination as described in subdivision (1)(B) through (1)(D) and, if none is pending, the date by which the appeal must be initiated.

(c) The owner or operator of an alternative disposal facility shall not dredge or fill wetlands, except in compliance with an appropriate permit required by Section 404 of the Clean Water Act, as amended (33 U.S.C. 1344).

(Solid Waste Management Division; 329 IAC 4.1-9-3; filed Jul 14, 2000, 11:09 a.m.: 23 IR 3080; filed Nov 21, 2006, 7:21 a.m.: 20061220-IR-329050219FRA; errata filed Feb 19, 2018, 10:06 a.m.: 20180228-IR-329180109ACA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)