Section 327IAC19-12-3. Setbacks

   (a) Waste management systems must be located to maintain the minimum setback distances from the following features that are known and identifiable at the time an application is submitted for approval:

(1) One thousand (1,000) feet from a public water supply well or public water supply surface intake structure.

(2) Except for subsection (c), three hundred (300) feet from the following:

(A) Surface water.

(B) Drainage inlets, including water and sediment control basins.

(C) Sinkholes, as measured from the surficial opening or the lowest point of the feature.

(D) Off-site water wells.

(3) One hundred (100) feet from the following:

(A) On-site water wells.

(B) Property lines.

(C) Public roads.

(4) Four hundred (400) feet from existing off-site residential and public buildings.

  (b) A manure storage facility that contains solid manure must be maintained to have a minimum setback of one hundred (100) feet from the features in subdivision [subsection] (a)(2) but must comply with the setbacks in subdivisions [subsection] (a)(1) and (a)(3) through (a)(4).

  (c) If one (1) of the features in subsection (b) is constructed within the specified setback distances to an existing waste management system, a new waste management system may be constructed to maintain the same setback between the existing waste management system and the feature, providing that the feature was:

(1) not under the control of the owner/operator of the CFO; and

(2) constructed after the application for original waste management system was submitted to the department.

  (d) The owner/operator may obtain a reduced setback under 327 IAC 19-5 by demonstrating to the commissioner that a different compliance approach meets the performance standards in 327 IAC 19-3-1.

  (e) The property line setback distances in this section may be waived in writing by the owner of the adjoining property. (Water Pollution Control Division; 327 IAC 19-12-3; filed Feb 6, 2012, 2:58 p.m.: 20120307-IR-327090615FRA, eff Jul 1, 2012)