Wellfield Protection Secondary Zoning Districts.
Indianapolis-Marion County Revised Code § 742-204
in effectSec. 742-204. - Wellfield Protection Secondary Zoning Districts.
A. Purpose. Because of the risk that hazardous materials or objectionable substances pose to groundwater quality, it is recognized that the further regulation of the manufacturing of, handling, transfer, disposal, use or storage of hazardous materials or objectionable substances related to nonresidential use activities is essential in order to preserve public health and economic vitality within Marion County.
B. Applicability. No building, structure, premises or part thereof shall be altered, constructed, converted, erected, enlarged, extended, modified, or relocated except in conformity with this section, and not until the proposed site and development plan has been filed with and approved on behalf of the Commission by the Technically Qualified Person (TQP). The following regulations shall apply to all land within the Wellfield Protection Zoning Districts. The entire site shall be subject to review by the TQP. These regulations shall be in addition to all other primary and Secondary Zoning District regulations applicable to such land, and in case of conflict, the more restrictive regulations shall apply.
C. Commission approval required. All development within the W-1 and W-5 Districts shall be subject to Commission approval.
1. Site and development plans required. Unless exempted by Section 742-204.D. Technically Qualified Person review requirement, a site and development plan shall be filed with and be subject to approval on behalf of the Commission by the Technically Qualified Person (TQP). The site and development plan shall describe improvements, existing and proposed, to the entire site. All hazardous materials or objectionable substances to be manufactured, used, stored, transferred, or handled on-site shall be disclosed and calculated in determining threshold amounts. Copies of the site and development plan shall be provided to the TQP, the Marion County Public Health Department, and the water utility having wells in the wellfield protection area.
2. Technically Qualified Person authorization. The Technically Qualified Person authorized by the Commission shall have the authority to:
a. Require revised site or development plans demonstrating compliance with the agreed upon commitments to be submitted before final approval is granted.
b. Substitute an equivalent requirement for one or more of the requirements in Section 742-204.F. Development Standards. Notice of the approval of any such substitute shall be provided to the Marion County Public Health Department and the applicable water utility prior to the Technically Qualified Persons decision to approve a substitution. In determining whether to substitute an equivalent commitment, the Technically Qualified Person shall make written findings supporting the substitution.
c. Waive one or more of the requirements in Section 742-204.F., Development Standards. Notice of the issuance or granting of any such waiver shall be provided to the Marion County Public Health Department and the applicable water utility prior to the Technically Qualified Persons decision to issue or grant a waiver. In determining whether to waive one or more of the requirements of Section 742-204.F., the Technically Qualified Person shall make written findings supporting the waiver.
3. Plan documentation and supporting information. The site and development plan shall include:
a. Uses, existing and proposed;
b. Setbacks, existing and proposed;
c. Description of slopes near containment vessels and waste storage areas, in the form of topographic maps;
d. Landscaping, screens, walls, fences;
e. Interior plumbing and floor plans;
f. Sewage disposal facilities;
g. Vicinity map;
h. Brief history of the site and of the new building or addition (usage, historical environmental concerns, abandoned wells, underground storage tanks, septic tanks, etc.);
i. A site map, drawn to scale and including:
1. All existing and proposed structures;
2. Paved and unpaved areas;
3. Existing and proposed utility lines (inside and outside structures) including sanitary sewers, storm sewers, storm retention ditches, basins, French drains, dry wells, etc.;
i. Floor drain locations and outlets;
ii. Product storage locations;
iii. Waste storage locations;
iv. Liquid transfer areas;
v. Site surface water bodies (streams, rivers, ponds);
vi. Existing underground storage tanks; and
vii. Aboveground storage tanks;
j. Detailed drawing of any existing or proposed containment areas (area, height, materials, specifications, etc.);
k. Description of proposed operations such as hazardous materials or objectionable substances used or generated, product storage area descriptions, waster generation quantities, equipment cleaning processes, maintenance procedures, heating source (oil, gas, electric), liquid transfer or loading areas;
l. Methods and locations of receiving, handling, storing, and shipping hazardous materials or objectionable substances; and
m. Response measures and reporting procedures in the event of a release or spill of a hazardous material or objectionable substance.
4. Site and development plan approval process.
a. Technically Qualified Person decision. The Technically Qualified Person, on behalf of the Commission, shall consider and either approve, disapprove, or approve subject to any commitments, the proposed site and development plan. Comments from the Marion County Public Health Department and appropriate water utility shall be solicited by the Technically Qualified Person prior to approval of a site and development plan, and if such comments are provided timely by the Marion County Public Health Department or appropriate water utility, the Technically Qualified Person shall consider them and may give them such weight as he or she shall determine to be appropriate. The decision of the Technically Qualified Person to approve or disapprove a site and development plan and the file on which the decision is based shall be public records and shall be available for examination by any person.
b. Appeal of Technically Qualified Person decision. All parties of interest or aggrieved persons shall have the right to appeal action by the Technically Qualified Person to approve or disapprove a site and development plan before the Commission. Such appeal shall be filed as an appeal petition within 10 calendar days from the decision of the Technically Qualified Person, to the Commission. Such an appeal shall otherwise be in accordance with the Commission's Rules of Procedure. The Commission may consider and act upon such appeal at a public meeting of the Commission and shall either approve, disapprove, or approve the site and development plan subject to any commitments, by the petitioner in accordance with the Commission's Rules of Procedure.
c. Commission findings. The Commission may permit or require commitments. All commitments shall be recorded with the property deed in accordance with the Commission's Rules of Procedure. The Commission may require revised site or development plans demonstrating compliance with the agreed upon commitments to be submitted before final approval is granted.
D. Technically Qualified Person review requirement.
1. Type of use. Development activities associated with the following nonresidential uses, whether permanent or temporary, shall submit a site and development plan to be reviewed for conformity with the standards of Section 742-204 by the Technically Qualified Person.
Table 742-204-1: Activities requiring TQP Review
a. Agricultural chemical storage.
b. Machine tool or die shop.
c. Animal feedlots or stockyards.
d. Manufacturing, medium or heavy.
e. Asphalt or tar production.
f. Manufacturing, hazardous materials or objectionable substances.
g. Automotive supplies distribution.
h. Metal mining.
i. Blast furnaces, steel works, rolling or finishing mills.
j. Mortuary or other embalming services.
k. Building cleaning or maintenance services.
l. Motor or body repair for auto, truck, lawnmower, airplane, boat, or motorcycle.
m. Building materials production.
n. Municipal waste landfill or transfer station.
o. Vehicle wash.
p. Oil or gas production wells.
q. Chemical or petroleum storage or sales.
r. Oil or liquid materials pipeline.
s. Chemical blending or distribution.
t. Painting or coating shops using liquids or water soluble solids.
u. Clay, ceramic or refractory minerals mining or quarrying.
v. Pesticide or fertilizer application services.
w. Construction contractors' equipment or materials storage.
x. Petroleum refining.
y. Creosote manufacturing and treatment.
z. Photographic processing facility.
aa. Dry cleaning or industrial laundering.
bb. Printing industry using hazardous materials or objectionable substances.
cc. Education, engineering or vocational shops or laboratories.
dd. Radioactive waste handling or storage.
ee. Electroplating operations or metal finishers.
ff. Recycling or electronic-recycling.
gg. Equipment repair.
hh. Road salt storage.
ii. Fat rendering.
jj. Rubber or plastics processing or production.
kk. Food or beverage production (excluding restaurants, commercial kitchens, catering establishments and other retail food establishments).
ll. Textile production.
mm. Fuel dispensing locations.
nn. Truck terminal or other materials transport or transfer operation.
oo. Furniture or wood strippers or refinishers.
pp. Scrap or junk yard, Wrecking or Salvage Facility.
qq. Golf course or driving range.
rr. Slaughterhouse or meat packing.
ss. Hazardous waste treatment storage or disposal.
tt. Sludge treatment or disposal.
uu. Hospitals.
vv. Solid waste treatment, storage or disposal.
ww. Institutional uses such as convalescent or nursing homes, correctional or penal institutions, schools, colleges or universities.
xx. Stamping or fabrication metal shop.
yy. Laboratories, medical, biological, bacteriological or chemical.
zz. Warehousing.
aaa. Landscape or lawn installation or maintenance service, commercial.
bbb. Wastewater treatment.
ccc. Leather tanning or finishing.
ddd. Wood preservation or treatment.
eee. Limestone, sand or gravel mining or quarrying.
2. Type of facility. Development activities associated with facilities that include the following, whether permanent or temporary, must submit a Site and Development Plan to be reviewed for conformity with the standards of Section 742-204 by the Technically Qualified Person.
a. Elevators using hydraulics;
b. Generators; and
c. Storage tank, above ground or below ground.
3. Chemical quantities on-site. Development activities that, in their ordinary course of business, store or maintain on-site any liquids or water-soluble solids must submit a site and development plan to be reviewed for conformity with the standards of Section 742-204 by the Technically Qualified Person, with the exception of the following:
a. Reasonable quantities of substances use for the routine maintenance of the building or premises upon which the substances are located;
b. Substances contained within a vehicle that are required for normal operation of any motor vehicle in use on-site;
c. Substances contained within vehicles making bulk deliveries to the subject site;
d. Beverages at restaurants, supermarkets, convenience stores, and other retail food establishments, for use on-site or off-site; or
e. Uses that have on-site liquids of water soluble solids less than the threshold amounts established in the following table:
Table 742-204-2: Threshold amounts by District, state and container quantity
District | Liquids | Water-Soluble Solids
Single-Container | Aggregate | Single-Container | Aggregate
W-1 District | 1 gallon | 2 gallons | 6 pounds | 6 pounds
W-5 District | 40 gallons | 100 gallons | 240 pounds | 600 pounds
E. Activities in the Wellfield Protection Zoning District.
1. Permitted uses. All uses permitted in the applicable Primary Zoning District shall be those uses permitted in the W-1 and W-5 Zoning Districts, unless otherwise prohibited by Section 742-204.E.2. Prohibited uses, and provided no other Secondary Zoning District prohibits the use.
2. Prohibited uses.
a. Above ground, outdoor liquid storage tanks greater than 1,000 gallons are prohibited from locating in the W-1 Wellfield Protection Zoning District.
b. The above ground, outdoor storage of water soluble solids greater than 6,000 pounds per container in any one containment area are prohibited from locating in the W-1 Wellfield Protection Zoning District.
c. Underground storage tank. No new underground storage tank shall be permitted in the W-1 or W-5 Wellfield Protection Zoning District. An existing underground storage tank located in the W-1 or W-5 Wellfield Protection Zoning District may be replaced or upgraded in accordance with Section 742-204.F.1.a., Replacement or upgrading of an existing underground storage tank.
d. Dewatering. Dewatering of sites is prohibited, with the exception of dewatering for the following purposes:
1. To prevent water damage to structures;
2. To protect groundwater quality;
3. To temporarily remove water from solid material or soil for the construction of sewers and other underground facilities, including foundation structures; or
4. To temporarily remove water from aggregate mining operations to prevent or relieve flooding.
e. Class V injection wells, as defined in 40 CFR 146, shall be registered with Region V of the USEPA and are prohibited, with the exception of the following:
1. Air conditioning return flow wells used to return to the supply the aquifer the water used for heating or cooling in a heat pump, if noncontact;
2. Cooling water return flow wells used to inject water previously used for cooling, if noncontact;
3. Barrier recharge wells used to replenish the water in an aquifer or to improve groundwater quality provided the injected fluid does not contain hazardous materials or objectionable substances;
4. Pumping limestone fines into an underground mine;
5. Manufactured stormwater infiltration devices, such as detention vaults, chambers, or other devices designed to capture and infiltrate stormwater runoff below the ground, provided the device is lined with either an impermeable geomembrane or underlain by a compacted clay layer installed to TQP specifications; or
6. Perforated underdrain piping for the dispersal of roof drains or surface stormwater provided the injected fluid does not contain hazardous materials or objectionable substances.
f. Hydraulic fracking. Hydraulic fracking is prohibited in the W-1 or W-5 Wellfield Protection Zoning District.
g. Septic systems. No new nonresidential septic system shall be located in the W-1 or W-5 Wellfield Protection Zoning District pursuant to Section 742-204.F., Development Standards. Existing septic systems located in the W-1 or W-5 Wellfield Protection Zoning District are prohibited from expanding.
h. Mobile vehicle wash, service or repair uses are not permitted in any Wellfield or Flood Protection District.
i. Salvage yards and bulk chemical storage facilities. New salvage yards or bulk chemical storage facilities are prohibited from locating in the W-1 or W-5 Wellfield Protection Zoning District. Existing salvage yards or bulk chemical storage facilities are prohibited from expanding in the W-1 Wellfield Protection Zoning District. Existing salvage yards or bulk chemical storage facilities may be permitted to expand in the W-5 Wellfield Protection Zoning District, provided the proposed use or activity complies with all applicable provisions of Section 742-204.
j. Geothermal energy systems. New geothermal energy systems or components are prohibited from locating in the W-1 or W-5 Wellfield Protection Zoning Districts. Existing geothermal energy systems or components are prohibited from expanding in the W-1 Wellfield Protection Zoning District. Existing geothermal energy systems or components may be permitted to expand in the W-5 Wellfield Protection Zoning District, provided the proposed use or activity complies with all applicable provisions of Section 742-204.
F. Development standards.
1. General requirements. All land located in the W-1 and W-5 Wellfield Protection Zoning Districts shall comply with the following development standards, as determined by the Technically Qualified Person.
a. Replacement or upgrading of an existing underground storage tank. Replacement or upgrading of an existing underground storage tank, as referenced in Section 742-204.E.2. Prohibited uses, shall comply with the following requirements:
1. In no instance shall the replacement or upgrade of an existing underground storage tank result in a net increase in the total volume or storage on-site.
2. All replacement or upgraded underground storage tanks shall require secondary containment.
3. All replacement or upgraded underground storage tanks shall be in full compliance with all applicable state and federal regulations.
4. Annual tightness testing shall be required for all underground storage tanks and piping.
b. All known abandoned wells shall be identified and sealed within 30 days of being identified in accordance with applicable law.
c. No surface impoundments, ponds, or lagoons shall be established except for:
1. Stormwater detention and retention ponds, provided they are constructed in a manner that provides an effective barrier to prevent migration to groundwater; or
2. Aggregate mining pits.
d. Development shall be connected to municipal sanitary sewer or combined sewers. Floor drains, if present, shall be connected to sanitary sewers or combined sewers or routed to a temporary holding area for removal.
e. All trash dumpsters shall be located on an impervious surface that drains to storm sewers or combined sewers.
f. All areas designated for the storage of hazardous materials or objectionable substances shall be constructed in a manner to prevent a release from the storage area.
g. All vehicle or equipment repair or shop areas shall be located within an enclosed building that includes a floor constructed of impervious material that forms an effective barrier to prevent the migration of fluids or water soluble materials.
h. While being stored, water soluble solids shall be kept dry at all times.
i. The following requirements shall apply to all excavation activities associated with the removal of sand and gravel materials:
1. No form of solid waste, sludge, or any other form of waste material of any kind, including, but not limited to, construction or demolition debris, shall be used on the site.
2. Clean natural earth fill materials may be used without restriction as to origin or placement on site.
j. Sludge that could release liquids or water soluble solids shall be held in a containment area. The containment area shall comply with the requirements of Section 742-204.F.2., Containment Area provisions.
k. The area used for the bulk delivery or transfer of liquids shall be within a containment area. The containment area shall comply with the requirements of Section 742-204.F.2., Containment Area provisions.
2. Containment area provisions. All containment areas required by Section 742-204 shall comply with the following requirements:
a. Capable of containing 110% of the volume of the largest volume held, stored, loaded or unloaded;
b. Constructed in a manner to prevent a release from reaching the groundwater;
c. Constructed of hard-surface, impervious material, free of vegetation, cracks, open seams, open drains, siphons, or other openings that jeopardize the integrity of the area.
3. Secondary containment requirement. Secondary containment shall be required for any single container holding 40 gallons or more of liquid for more than 24 hours. Secondary containment shall be required for containers holding 40 or more gallons of liquid in the aggregate for more than 24 hours. All secondary containment areas shall comply with the following requirements:
a. If unenclosed or located outside, the secondary containment shall be:
1. Covered;
2. Located on an impervious surface that is properly drained; and
3. Constructed to prevent intrusion of precipitation.
b. All secondary containment areas shall be constructed to meet at least one of the following requirements:
1. A containment area capable of containing 110% of the largest container and preventing any release from the container; or
2. A storage tank designed and built with an outer shell and a space between the tank wall and the outer shell that allows for and includes interstitial monitoring.
G. Reporting requirement. Every water utility having a wellfield within a W-1 or W-5 Wellfield Protection Zoning District shall on or before January 15 of each year prepare and file with the chairman of the Metropolitan and Economic Development Committee of the City-County Council, the Board of Public Works, the Commission and the Marion County Public Health Department the water utility's water quality monitoring plan for that year, including a description of the program designed to alert the water utility of any potential contamination of the groundwater underlying each of the water utility's wellfields. All amendments to such plan by a water utility shall be filed within 30 days of that amendment with the chairman of the Metropolitan Development Committee of the City-County Council, the Board of Public Works, the Commission, and the Marion County Public Health Department.
H. Groundwater protection.
1. Groundwater protection fund. There is created a groundwater protection fund, funds from which shall be used only for those specific activities identified in Section 742-204.H.3., Groundwater Protection Costs.
2. Groundwater protection fee.
a. Each public water supply system that pumps groundwater from one or more wells located within a W-1 or W-5 Wellfield Protection District shall pay into the groundwater protection fund a percentage of the annual fee assessed by the Commission, such percentage to be determined by dividing the number of customers served by the water supply system at the end of the calendar year by the total number of customers served at the end of the calendar year by all public water supply systems that pump from one or more wells within a W-1 or W-5 Wellfield Protection District.
b. The annual fee assessed by the Commission for any calendar year shall be based on the Commission's approved budget for the specific activities identified in Section 742-204.H.3., Groundwater Protection Costs, but shall not exceed $275,000.00.
c. Within 30 days following the approval of the Commission's budget for the specific activities described in Section 742-204.H.3. Groundwater Protection Costs, during the following year, the Commission shall notify the public water supply systems that pump groundwater from one or more wells located within a W-1 or W-5 Wellfield Protection District as to the amount of the annual fee to be assessed all such systems for the following year.
d. Each public water supply system subject to this article that pumps groundwater from one or more wells within a W-1 or W-5 Wellfield Protection District shall report, in writing, to the Commission on or before January 31 of each year, the number of customers served at the end of the prior calendar year.
e. On or before March 1 of each year, the Commission shall determine the amount of the annual fee to be assessed and notify each of the water supply systems that pumps groundwater from one or more wells within a W-1 or W-5 Wellfield Protection District as to the portion of such annual fee to be paid by such public water supply system.
f. The public water supply system shall pay the full amount of its portion of the annual fee assessed by the Commission on or before March 15 of each year.
3. Groundwater protection costs. The funds in the groundwater protection fund shall be used solely to pay for:
a. Administrative or enforcement costs incurred in the implementation of groundwater protection;
b. Study costs incurred in accordance with the reporting provisions of Section 742-204.G., Reporting Requirement.
c. Costs incurred in establishing and maintaining a wellfield education or registration program.
(G.O. 64, 2015, § 2; G.O. 23, 2026, § 9)
Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIIIPUHEWE_CH742DI_ARTIISEDI_S742-204WEPRSEZODIFetched: 10/27/2026