Section 329IAC10-16-11. Setbacks

   (a) The solid waste boundaries of new MSWLFs and lateral expansions for applicants that are applying for permits under this article must not be located within the specified distances of the following designated points in existence on the date of public notice for zoning approval for the permitted activity or the date the application is received by the commissioner if there is no local zoning authority within the political subdivision where the proposed facility will be located:

(1) Nine hundred (900) feet of a dwelling.

(2) One thousand (1,000) feet of a potable water supply well or drinking water spring unless either of the following occurs:

(A) The department approves a ground water time of travel analysis that shows that ground water cannot travel from the solid waste boundary to the potable water supply well or drinking water spring in less than five (5) years. If the analysis is approved, the solid waste boundary may be located at a distance no less than the distance ground water can travel from the solid waste boundary in five (5) years, but in no case shall the distance be less than six hundred (600) feet.

(B) The applicant offers to conduct a testing program for all potable water supply wells and drinking water springs within one thousand (1,000) feet of the solid waste boundary. In no case shall the solid waste boundary be within six hundred (600) feet of any potable water supply wells and drinking water springs. The applicant shall submit, with the permit application to the department, a copy of a certified letter offering testing to each owner of all such potable water supply wells and drinking water springs. When conducted, the testing program must include the following:

(i) Annual testing of such water supply wells and drinking water springs for each owner that accepts the offer.

(ii) Testing for the parameters in Table 1A in 329 IAC 10-21-15(a) and Table 1B in 329 IAC 10-21-15(b).

(iii) Submitting results of the annual testing to the department with the quarterly report that most closely coincides with the sampling events if the applicant has access to the test results.

(3) One hundred (100) feet of a wetland classified as a jurisdictional wetland or jurisdictional water of the United States by the United States Army Corps of Engineers under authority of the Clean Water Act, 33 U.S.C. 1344.

(4) Two thousand six hundred forty (2,640) feet from a public or nonpublic school.

(5) One thousand two hundred fifty (1,250) feet of a public or private hospital with more than twenty (20) beds.

(6) Two hundred (200) feet of a continuously flowing river.

(7) Two hundred (200) feet of a continuously flowing stream.

(8) Two hundred (200) feet of the real property boundary of the MSWLF.

(9) One thousand (1,000) feet of a drinking water supply reservoir that is being used as a drinking water supply for humans or is intended to be used as a drinking water supply for humans unless the department approves a ground water time of travel analysis that shows that ground water cannot travel from the solid waste boundary to the drinking water supply reservoir in less than five (5) years. If the analysis is approved, the solid waste boundary may be located at a distance no less than the distance ground water can travel from the solid waste boundary in five (5) years, but in no case shall the distance be less than six hundred (600) feet.

(10) Six hundred (600) feet of a factory.

(11) Six hundred (600) feet of an office.

  (b) In addition to the setback distances provided in subsections (a) and (c), the solid waste boundaries of new MSWLFs and lateral expansions for applicants that are applying for a permit under this article must not be located within an area designated for protection by a five (5) year delineation by an Indiana Wellhead Protection Plan approved by the department. If there is no approved Indiana Wellhead Protection Plan, the solid waste boundaries of new MSWLFs and lateral expansions for applicants that are applying for a permit under this article must not be located within three thousand (3,000) feet of a community water supply well.

  (c) In addition to the setback distances provided in subsection (a), the solid waste boundaries of new MSWLFs and lateral expansions for applicants that are applying for a permit under this article must not be located in violation of IC 14-22-34.

  (d) This rule does not prohibit a legislative body within the political subdivision where the MSWLF or lateral expansion will be located or a local zoning authority, if applicable, from adopting a resolution or ordinance to extend a setback distance established in subsections (a) through (c).

  (e) The provisions of this section do not supersede any setback provision in Indiana statute. (Solid Waste Management Division; 329 IAC 10-16-11; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1830; errata filed Apr 4, 1996, 4:00 p.m.: 19 IR 2046; filed Mar 19, 1998, 11:07 a.m.: 21 IR 2773; errata filed Jun 10, 1998, 9:23 a.m.: 21 IR 3939; filed Aug 2, 1999, 11:50 a.m.: 22 IR 3811; readopted filed Aug 1, 2008, 10:28 a.m.: 20080827-IR-329080332BFA; readopted filed Aug 6, 2014, 9:49 a.m.: 20140903-IR-329140187BFA)