Section 329IAC10-16-12. Reduction of setback distances

   (a) The distance established in section 11(a)(1) of this rule applies unless:

(1) written consent to shorten the distance is obtained from the dwelling owner or the dwelling owner and the dwelling occupant if the dwelling owner and the dwelling occupant are different persons; or

(2) the legislative body within the political subdivision where the MSWLF or lateral expansion will be located or a local zoning authority, if applicable, adopts a resolution or ordinance reducing the distance, but in no case must the distance be less than six hundred (600) feet.

  (b) The distances, or areas designated for protection by a five (5) year delineation by an Indiana Wellhead Protection Plan, established in section 11(a)(2), 11(a)(4), 11(a)(5), 11(a)(9), 11(a)(10), 11(a)(11), and 11(b) of this rule apply unless written consent to shorten the distance, or to locate within an area designated for protection under section 11(b) of this rule, is obtained from the person who owns or is responsible for the property or designated point.

  (c) The distance established in section 11(a)(8) of this rule applies unless the adjoining property owner agrees to allow the distance to be reduced to less than two hundred (200) feet, but in no case less than one hundred (100) feet. Such an agreement is not effective to reduce the distance unless the adjoining property owner provides the following to the applicant:

(1) Written consent allowing the distance to be reduced.

(2) An agreement signed by the adjoining property owner that allows the applicant access to the adjoining property at any time in the future to monitor ground water or to implement other corrective action measures as approved by the commissioner.

  (d) The distances established in section 11(a)(1), 11(a)(7), and 11(a)(8) of this rule apply unless a new MSWLF for which application is being made for a permit under this article, or a lateral expansion for which application is being made for a permit modification under this article:

(1) has received, by July 1, 1995, local zoning approval;

(2) has a solid waste boundary that is not located closer than:

(A) six hundred (600) feet of a dwelling;

(B) one hundred (100) feet of a continuously flowing stream; and

(C) one hundred (100) feet of the real property boundary of the facility; and

(3) has a plan approved by the local zoning authority submitted to the commissioner that is specific to the new MSWLF area or lateral expansion area in the application and, at a minimum, shows the solid waste boundary, final contour plan, setbacks, and primary facility entrance.

  (e) When a distance established under section 11 of this rule has been reduced under subsection (a), (b), (c), or (d), all other setback distances established in this rule apply. (Solid Waste Management Division; 329 IAC 10-16-12; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1831; filed Mar 19, 1998, 11:07 a.m.: 21 IR 2774; errata filed Jun 10, 1998, 9:23 a.m.: 21 IR 3939; filed Aug 2, 1999, 11:50 a.m.: 22 IR 3812; errata filed May 1, 2003, 1:45 p.m.: 26 IR 3046; readopted filed Aug 1, 2008, 10:28 a.m.: 20080827-IR-329080332BFA; readopted filed Aug 6, 2014, 9:49 a.m.: 20140903-IR-329140187BFA)