Section 329IAC10-33-1. Solid waste boundary limits

   (a) On and after the effective date of this article, the solid waste boundary of a new restricted waste site Type III and the additional areas beyond that which have been previously approved for existing restricted waste site Type III must be prohibited from the following areas:

(1) Wetlands in violation of Section 404 of the Clean Water Act as amended February 4, 1987.

(2) The critical habitat of an endangered species as defined by 50 CFR 17.

(3) Floodways of drainage areas greater than one (1) square mile, without the approval of the department of natural resources, and floodways without provisions to prevent washout of the waste.

(4) Within areas of karst topography without:

(A) provisions to collect and contain all of the leachate generated; and

(B) a demonstration that the integrity of the landfill will not be damaged by subsidence.

(5) Over mines unless it is demonstrated that the integrity of the landfill will not be damaged by subsidence.

(6) Within six hundred (600) feet of a potable water well in use as a water supply for a dwelling or dwellings on the date of public notice for zoning approval for the permitted activity or the date of public notice of the permit application by the commissioner, whichever occurs first, unless written consent is obtained from the owner of the well.

(7) Within fifty (50) feet of the real property boundaries of the facility.

  (b) On and after the effective date of this article, the solid waste boundary of a new construction/demolition site and the additional areas beyond that which have been previously approved for existing construction/demolition sites must be prohibited from the following areas:

(1) Wetlands in violation of Section 404 of the Clean Water Act as amended February 4, 1987.

(2) The critical habitat of an endangered species as defined by 50 CFR 17.

(3) Floodways of drainage areas greater than one (1) square mile, without the approval of the department of natural resources, and floodways without provisions to prevent washout of the waste.

(4) Within areas of karst topography without:

(A) provisions to collect and contain all of the leachate generated; and

(B) a demonstration that the integrity of the landfill will not be damaged by subsidence.

(5) Over mines unless it is demonstrated that the integrity of the landfill will not be damaged by subsidence.

(6) Within six hundred (600) feet of a potable water well in use as a water supply for a dwelling or dwellings on the date of public notice for zoning approval of the permitted activity or the date of public notice of the permit application by the commissioner, whichever occurs first, unless written consent is obtained from the owner of the well.

(7) Within six hundred (600) feet of any dwelling in existence on the date of public notice for zoning approval of the permitted activity or the date of public notice by the commissioner of the permit application, whichever occurs first, unless written consent has been obtained from the occupant and the owner of the dwelling.

(8) Within one hundred (100) feet of the normal water line of any lake, reservoir, or continuously flowing stream.

(9) Within the flood plain unless the waste is protected from floodwater inundation by a dike with a top elevation not less than three (3) feet above the base flood elevation.

(10) Within fifty (50) feet of the real property boundaries of the facility.

(Solid Waste Management Division; 329 IAC 10-33-1; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1910; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; readopted filed May 14, 2007, 1:53 p.m.: 20070523-IR-329070138BFA; readopted filed Jul 29, 2013, 9:20 a.m.: 20130828-IR-329130179BFA)