§ 147.04 Nonconforming Uses

The use of structures or facilities existing as of the date of adoption of the ordinance codified in this chapter may be continued even though such use may not conform to the regulations in this chapter; in other words, such uses may be located within the distances set forth. However, such structure or facility that is not in conformance with the terms of this chapter may not be enlarged, extended, reconstructed, or substituted subsequent to such date.

TABLE A: SEPARATION DISTANCES REQUIRED MINIMUM LATERAL DISTANCE SOURCE OF CONTAMINATION FROM WELL AS HORIZONTAL ON THE GROUND SURFACE, IN FEET Deep Well1 Shallow Well1 WASTEWATER STRUCTURES: Point of Discharge to Ground Surface Sanitary and industrial 400 400 discharges Water treatment plant wastes 50 50 Well house floor drains 5 5 Sewers and Drains2 0 – 25 feet: prohibited 0 – 25 feet: prohibited 25 – 75 feet if water main 25 – 75 feet if water main Sanitary and storm sewers, pipe pipe drains 75 – 200 feet if sanitary 75 – 200 feet if sanitary sewer pipe sewer main pipe 0 – 75 feet: prohibited 0 – 75 feet: prohibited 75 – 400 feet if water main 75 – 400 feet if water main Sewer force mains pipe pipe 400 – 1,000 feet if sanitary 400 – 1,000 feet if sanitary sewer pipe sewer main pipe 0 – 5 feet: prohibited 0 – 5 feet: prohibited Water plant treatment process 5 – 50 feet if sanitary sewer 5 – 50 feet if sanitary wastes that are treated onsite pipe sewer main pipe 0 – 25 feet: prohibited 0 – 25 feet: prohibited 25 – 75 feet if water main 25 – 75 feet if water main Water plant wastes to sanitary pipe pipe sewer 75 – 200 feet if sanitary 75 – 200 feet if sanitary sewer pipe sewer main pipe 0 – 25 feet: prohibited 0 – 25 feet: prohibited 25 – 75 feet if water main 25 – 75 feet if water main Well house floor drains to pipe pipe sewers 75 – 200 feet if sanitary 75 – 200 feet if sanitary sewer pipe sewer main pipe 0 – 5 feet: prohibited 0 – 5 feet: prohibited Well house floor drains to 5 – 50 feet if sanitary sewer 5 – 50 feet if sanitary surface pipe sewer main pipe Land Disposal of Treated Wastes Irrigation of wastewater 200 400 Land application of solid wastes3 200 400 Other Cesspools and earth pit privies 200 400 Concrete vaults and septic tanks 100 200 Lagoons 400 1,000 Mechanical wastewater 200 400 treatment plants Soil absorption fields 200 400

REQUIRED MINIMUM LATERAL DISTANCE FROM SOURCE OF CONTAMINATION WELL AS HORIZONTAL ON THE GROUND SURFACE, IN FEET Deep Well1 Shallow Well1 CHEMICALS: Chemical application to ground 100 200 surface Chemical & mineral storage 100 200 above ground Chemical & mineral storage on 200 400 or under ground Transmission pipelines (such as fertilizer, liquid petroleum, or 200 400 anhydrous ammonia) ANIMALS: Animal pasturage 50 50 Animal enclosure 200 400 Earthen silage storage trench or 100 200 pit Animal Wastes Land application of liquid or 200 400 slurry Land application of solids 200 400 Solids stockpile 200 400 Storage basin or lagoon 400 1,000 Storage tank 200 400 MISCELLANEOUS: Basements, pits, sumps 10 10 Cemeteries 200 200 Cisterns 50 100 Flowing streams or other surface 50 50 water bodies GHEX loop boreholes 200 200 Railroads 100 200 Private wells 200 400 Solid waste landfills and 1,000 1,000 disposal sites4 Deep and shallow wells, as defined in IAC 567-40.2(455B): A deep well is a well located and constructed in such a manner that there is a continuous layer of low permeability soil or rock at least five feet thick located at least 25 feet below the normal ground surface and above the aquifer from which water is to be drawn. A shallow well is a well located and constructed in such a manner that there is not a continuous layer of low permeability soil or rock (or equivalent retarding mechanism acceptable to the department) at least five feet thick, the top of which is located at least 25 feet below the normal ground surface and above the aquifer from which water is to be drawn. The separation distances are dependent upon two factors: the type of piping that is in the existing sewer or drain, as noted in the table, and that the piping was properly installed in accordance with the standards.

Solid wastes are those derived from the treatment of water or wastewater. Certain types of solid wastes from water treatment processes may be land-applied within the separation distance on an individual, case-by-case basis. Solid waste means garbage, refuse, rubbish, and other similar discarded solid or semisolid materials, including but not limited to such materials resulting from industrial, commercial, agricultural, and domestic activities.