Section 327IAC3-2-6. Construction setback distances

   (a) Setback distances for new wastewater treatment sites must comply with the following:

(1) No less than five hundred (500) feet shall separate a water pollution treatment/control facility, including aerated lagoon systems, from a dwelling, unless that dwelling is an office owned, occupied by, and located on the property of the owners of the water pollution treatment/control facility, as measured from the outside edge of the equipment involved with the treatment/control of water pollution to the outside edge of the dwelling.

(2) No less than one-fourth (¼) of a mile shall separate a nonaerated facultative treatment lagoon from a dwelling, unless that dwelling is an office owned, occupied by, and located on the property of the owners of the nonaerated facultative treatment lagoon, as measured from the outside edge of the nonaerated facultative treatment lagoon to the outside edge of the dwelling.

  (b) The separation distances required in subsection (a) may be modified if the affected dwelling owners agree to a shortened separation distance and record such agreement as easements and deed restrictions with the county recorder's office for the affected property. (Water Pollution Control Division; 327 IAC 3-2-6; filed May 17, 1999, 12:11 p.m.: 22 IR 3084; readopted filed Apr 11, 2005, 2:45 p.m.: 28 IR 2470; readopted filed Jun 15, 2011, 11:15 a.m.: 20110713-IR-327110193BFA)