§ 152.148 DESIGN CRITERIA FOR FACILITIES.
   (A)   General requirements for design. All requirements contained in the intensive livestock operation regulations as set forth in § 152.147 are incorporated in this section as if the same were herein set out in full, and each facility shall be constructed, operated and maintained in accordance with the requirements and regulations as set forth therein.
   (B)   Waste treatment and disposal.
      (1)   All proposed waste storage facilities shall be designed to provide a minimum storage for a period as provided in § 152.147 of all animal waste, contaminated runoff, and wastewater generated by the intensive livestock operation, based on the waste production and rainfall values as determined by Purdue University Cooperative Extension Service, or the manure management policy issued by the Indiana Department of Environmental Management.
      (2)   All rainwater from roofs and other uncontaminated water shall be diverted away from the waste storage facilities.
      (3)   Wastewater generated by the intensive livestock operation (such as excess drinking water, clean-up water, milking parlor water, milking house wash water, and the like) shall not be discharged directly into a stream or field tile. Instead, this wastewater shall be discharged into an animal waste storage pit or treated in an approved alternate manner. Excess drinking water and milk house wash water may be treated with an approved septic tank of absorption system as may be approved by the County Health Department. Any approvals required under this division shall be given by the County Board of Health and/or the Indiana Department of Environmental Management (or any other state agency which may regulate disposal and treatment of animal waste).
   (C)   Earthen pit design. Earthen pits shall be designed to prevent percolation of the waste into the underlying groundwater and to provide levees which are stable and can be satisfactorily maintained. A pit shall be located in impervious soil, unless it is lined with bentonite clay to prevent seepage or some other liner approved by the Commission. Earthen pits should meet the following criteria:
      (1)   Minimum 3:1 inside and outside slopes.
      (2)   Seven to ten-foot top width.
      (3)   No emergency overflow pipe or spillway or as designed by S.C.S.
      (4)   All rain water from roofs and other uncontaminated water shall be diverted away from the waste storage facilities.
      (5)   A minimum of two feet of freeboard shall be maintained at all times.
   (D)   Separation distances and setbacks. The minimum requirements as to separation distances of the pit and/or total confinement area of an intensive livestock operation must be as follows for covered pit and total confinement installation:
      (1)   One hundred feet from any water well. An earthen lagoon shall not be placed closer than 200 feet to any water well which is or will be used for human consumption or production of milk.
      (2)   Six hundred feet from a residence.
      (3)   One thousand feet from any public building (church, school, and the like).
      (4)   One thousand three hundred feet from any built-up area of five or more homes as the same is herein defined.
      (5)   If an open feeding floor and pit combination is proposed, 200 feet shall be added to the distances as required in subdivisions (2), (3) and (4), above.
      (6)   If open earthen pits or other open pits are used, 500 feet shall be added to the distances set out in subdivisions (2), (3) and (4), above.
   (E)   Separation distances and setbacks for new residential, business. public or recreational facilities. All new residential, business or public buildings and recreational facilities shall be subject to the same separation distances front existing intensive livestock operations as are set forth above, except that the same shall not apply with regard to a residence occupied by the operator or owner of the intensive livestock operation.
(Ord. 466, § 2-16.5-4, passed 5-11-98) Penalty, see § 152.999