1501:14-6-02 Distance limitations on the placement of LMW.

(A) LMW may not be applied as a soil additive within one hundred feet of an intermittent or perennial stream or wetland. This distance may be increased for an exceptionally high value stream or wetland .

(B) LMW may not be placed within five hundred feet upstream of an existing legitimately used surface source intake or within three hundred feet of an existing legitimately used water well supply or within three hundred feet of an existing developed groundwater spring. For a pre-existing LMW site which is closer than these distances on October 8, 2001, the permittee shall provide a demonstration that the lesser distance will not have an adverse impact upon human health or the environment.

(C) LMW may not be placed within three hundred feet of an occupied dwelling unless the owner provides a written waiver. Pre-existing LMW sites which are closer to dwellings than three hundred feet on October 8, 2001, are exempt from this requirement .

Effective: 5/15/2015
Five Year Review (FYR) Dates: 02/26/2015 and 05/15/2020
Promulgated Under: 119.03
Statutory Authority: 1514.08, 1514.081
Rule Amplifies: 1514.02, 1514.081
Prior Effective Dates: 8/01/05