reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 11. Operator Certification › 13-18-11-10.5. Issuance of Certificate

Sec. 10.5. (a) The commissioner may issue a certificate to a person under this chapter if all of the following conditions are met:
(1) The person is an operator in responsible charge of a water treatment plant or water distribution system that was:
(A) in operation before September 2, 2000; and
(B) required to have a certified operator for the first time under rules adopted in accordance with guidelines published by the United States Environmental Protection Agency in the Federal Register at 64 FR 5916 et seq.
(2) The owner of the water treatment plant or water distribution system applies for a certificate for the operator in responsible charge before September 1, 2002.
(3) The certificate issued by the commissioner:
(A) is site specific; and
(B) may not be transferred to another operator.
(4) The certificate will become invalid if the classification of the water treatment plant or water distribution system for which the certificate was issued changes to a higher level.
(b) A person certified under subsection (a) must meet all requirements for certification renewal that apply to the classification of the water treatment plant or water distribution system to renew the certificate under this chapter.
(c) A person certified under subsection (a) who commences work for a different water treatment plant or water distribution system must meet the initial certification requirements for the plant or system.
(d) Notwithstanding section 14 of this chapter, a water treatment plant or water distribution system that meets the conditions of subsection (a)(1) may continue to operate if the water treatment plant or water distribution system applies to the commissioner for certification of the operator in responsible charge of the water treatment plant or water distribution system as provided in this section.
As added by P.L.132-2000, SEC.10.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 11. Operator Certification › 13-18-11-11. Plant Supervision by Certified Plant Operator; Exceptions

Sec. 11. (a) All water or wastewater treatment plants and water distribution systems, whether publicly or privately owned, must be under the supervision of an operator whose competency is certified to by the commissioner in a classification corresponding to the classification of the plant or distribution system to be supervised. However, this section does not prohibit a governmental agency, a corporation, or an individual from continuing to employ in that capacity a person in responsible charge of the operations of the works if the person is certified under section 10 of this chapter.
(b) A certified operator may supervise more than one (1) plant or system if it can be shown that adequate supervision to ensure safe and effective operation is provided for all plants and systems supervised.
[Pre-1996 Recodification Citation: 13-1-6-6(a), (b).]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 11. Operator Certification › 13-18-11-12. Plant Operators; Vacancies; Provisional Certification

Sec. 12. (a) When a vacancy in a position of operator occurs due to death, resignation, extended illness, or a similar cause, the vacancy may be filled for a period not exceeding one (1) year by an operator with a provisional certification.
(b) On written request of the governing body or owner of a wastewater or public water system, the commissioner may issue a provisional certification under subsection (a) to a person with the required education and experience qualifications, until the person has had an opportunity to qualify by examination and be certified under this chapter.
[Pre-1996 Recodification Citation: 13-1-6-6(c).]
As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.13.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 11. Operator Certification › 13-18-11-13. Rules

Sec. 13. The board shall adopt rules under IC 4-22-2 and IC 13-14-9 that are necessary to carry out the intent of this chapter. The rules must include the following:
(1) Provisions establishing the basis for classification of water treatment plants, water distribution systems, and wastewater treatment plants.
(2) Provisions establishing qualifications of applicants and procedures for examination of candidates.
(3) Provisions concerning fees for certification examinations.
(4) Other provisions that are necessary for the administration of this chapter.
[Pre-1996 Recodification Citation: 13-1-6-7.]
As added by P.L.1-1996, SEC.8. Amended by P.L.147-2015, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 11. Operator Certification › 13-18-11-14. Plant Operation by Certified Operators

Sec. 14. (a) A person, firm, or corporation, whether municipal or private, may not operate a water or wastewater treatment plant or a water distribution system unless the commissioner has certified the operator in responsible charge under this chapter.
(b) A person may not perform the duties of an operator in responsible charge of works described in subsection (a) without being certified under this chapter.
[Pre-1996 Recodification Citation: 13-1-6-8.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 11. Operator Certification › 13-18-11-15. Fees; Deposit

Sec. 15. All fees collected under this chapter shall be deposited with the treasurer of state.
[Pre-1996 Recodification Citation: 13-1-6-9.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 11. Operator Certification › 13-18-11-16. Violations

Sec. 16. A person who violates this chapter commits a Class C infraction. Each day of violation of this chapter constitutes a separate infraction.
[Pre-1996 Recodification Citation: 13-1-6-10.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 12. Septage Management › 13-18-12-1. Regulation of Wastewater Management Services Providers

Sec. 1. The board and the department shall regulate persons who provide septage management services.
[Pre-1996 Recodification Citation: 13-7-8.8-2.]
As added by P.L.1-1996, SEC.8. Amended by P.L.159-2011, SEC.24; P.L.133-2012, SEC.129.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 12. Septage Management › 13-18-12-2. Actions Prohibited Without Permit; Issuance of Certain Permits by the Department

Sec. 2. (a) A person may not transport, treat, store, or dispose of septage in violation of this chapter.
(b) A person may not engage in:
(1) the cleaning of sewage disposal systems; or
(2) the transportation, treatment, storage, or disposal of septage;
without a septage management permit unless the person is exempted under section 7 of this chapter.
(c) A person may not dispose of septage by land application without first obtaining approval of the land application site under this chapter.
(d) The department may issue a septage management permit that incorporates approval of a land application site.
(e) The department may issue new and renewal permits and approvals under this chapter for a period the department determines appropriate. However, the period may not exceed three (3) years.
[Pre-1996 Recodification Citation: 13-7-8.8-3.]
As added by P.L.1-1996, SEC.8. Amended by P.L.31-1999, SEC.1; P.L.114-2008, SEC.10; P.L.159-2011, SEC.25; P.L.37-2012, SEC.20.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 12. Septage Management › 13-18-12-2.2. Information Not Required on Invoice When Wastewater Removed From Chemical Toilet

Sec. 2.2. (a) As used in this section:
(1) "chemical toilet" has the meaning set forth in 327 IAC 7.1-2-6; and
(2) "sewage disposal system" has the meaning set forth in 327 IAC 7.1-2-36;
on February 1, 2016.
(b) As used in this section, "septage management vehicle" means a vehicle used for the removal of septage from sewage disposal systems.
(c) Notwithstanding 327 IAC 7.1-6-1, the invoice provided to a customer by the person who uses a septage management vehicle to remove septage from the customer's sewage disposal system need not show:
(1) the date on which the septage was removed from the sewage disposal system; or
(2) the amount of septage removed from the sewage disposal system;
if the sewage disposal system from which the septage is removed is a chemical toilet.
As added by P.L.107-2016, SEC.6. Amended by P.L.250-2019, SEC.23.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 12. Septage Management › 13-18-12-3. Permit Program; Permit Not Required for Certain Holding Tanks; Rules or Guidelines

Sec. 3. (a) The board shall initiate, in accordance with IC 13-15, a septage management permit program for all persons who offer to perform or are performing septage management services.
(b) A permit from the department may not be required for the ownership or operation of one (1) or more holding tanks described in IC 16-41-25-9 in which septage originating from a residential or commercial source is held until it is removed and transported from the site of the holding tanks by septage management vehicles. However:
(1) the board may adopt rules under IC 4-22-2 and IC 13-14-9; or
(2) the department may adopt guidelines;
concerning the reports to be provided to the department by local health departments under IC 16-41-25-9(h). The rules or guidelines may specify the content to be included in the reports and the frequency at which the reports must be provided.
[Pre-1996 Recodification Citation: 13-7-8.8-4.]
As added by P.L.1-1996, SEC.8. Amended by P.L.159-2011, SEC.26; P.L.192-2023, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 12. Septage Management › 13-18-12-4. Adoption of Rules Concerning Permits for Septage Management and Land Application; Local Health Agency as Board's Agent to Approve Land Application Sites

Sec. 4. (a) The board shall, in accordance with IC 13-14-9, adopt rules to establish the following:
(1) Standards for the following:
(A) The issuance of permits for:
(i) septage management under section 3 of this chapter; and
(ii) land application of authorized septage, solid waste, and industrial waste products.
(B) Transportation, storage, treatment, and disposal of septage.
(2) Procedures and standards for approval of sites for land application.
(b) The board may designate a county or city health agency as the board's agent to approve land application sites in accordance with rules adopted under this section.
[Pre-1996 Recodification Citation: 13-7-8.8-5.]
As added by P.L.1-1996, SEC.8. Amended by P.L.31-1999, SEC.2; P.L.114-2008, SEC.11; P.L.159-2011, SEC.27; P.L.37-2012, SEC.21; P.L.112-2016, SEC.19.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 12. Septage Management › 13-18-12-5. Fees

Sec. 5. (a) The board may adopt a fee schedule for the issuance of:
(1) septage management permits; and
(2) land application site approvals;
under this chapter in accordance with IC 13-16-1.
(b) Whenever the board designates a county or city health agency as the board's agent to approve land application sites under this chapter, the county or city health agency shall collect and retain the land application approval fee.
[Pre-1996 Recodification Citation: 13-7-8.8-6.]
As added by P.L.1-1996, SEC.8. Amended by P.L.114-2008, SEC.12; P.L.159-2011, SEC.28; P.L.37-2012, SEC.22; P.L.250-2019, SEC.25.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 12. Septage Management › 13-18-12-6. Enforcement; Violations; Inspections

Sec. 6. (a) This chapter shall be enforced under IC 13-30-3.
(b) Violations of this chapter are subject to the penalties imposed by the following:
(1) IC 13-30-4.
(2) IC 13-30-5.
(3) IC 13-30-8.
In addition, a violation of this chapter may lead to criminal prosecution under IC 13-30-10.
(c) The commissioner may make inspections under this chapter in accordance with IC 13-14-2-2 and IC 13-14-5.
[Pre-1996 Recodification Citation: 13-7-8.8-7.]
As added by P.L.1-1996, SEC.8. Amended by P.L.137-2007, SEC.13.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 12. Septage Management › 13-18-12-6.5. Revocation or Modification of Permits, Vehicle Identification Numbers, and Approvals

Sec. 6.5. In addition to any other authority in this title, the commissioner or a designated staff member may, under IC 4-21.5, revoke or modify a permit or an approval issued under this chapter for any of the following reasons:
(1) Violation of a requirement of this chapter, rules adopted under this chapter, a permit, or an approval.
(2) Failure to disclose all relevant facts.
(3) A misrepresentation made in obtaining the permit or approval.
(4) Failing to meet the qualifications for a permit or an approval or failing to comply with the requirements of the water pollution control laws or rules adopted by the board.
(5) Changes in circumstances relating to the permit or approval that require either a temporary or permanent reduction in the discharge of contaminants.
As added by P.L.31-1999, SEC.3. Amended by P.L.114-2008, SEC.13; P.L.37-2012, SEC.23.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 12. Septage Management › 13-18-12-7. Exemptions From Requirement to Obtain Permit or Vehicle Identification Number

Sec. 7. This chapter does not require a person to obtain a permit under this chapter if the person is:
(1) engaged in:
(A) servicing or maintaining publicly owned wastewater treatment facilities; or
(B) transportation of wastewater from a publicly owned wastewater treatment facility;
as long as the wastewater at that facility has been fully treated and is stabilized;
(2) transporting septage from the point of its removal to another location on the same site or tract owned by the same person, although disposal of the septage must be done in accordance with this chapter; or
(3) a homeowner who cleans and services the sewage disposal system serving only the homeowner's residence, although transportation and disposal of septage, including land application, must be done in compliance with this chapter.
[Pre-1996 Recodification Citation: 13-7-8.8-8.]
As added by P.L.1-1996, SEC.8. Amended by P.L.114-2008, SEC.14; P.L.159-2011, SEC.29; P.L.37-2012, SEC.24.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 12. Septage Management › 13-18-12-8. Notification of Upset or Imminent Threat of Upset

Sec. 8. (a) If a publicly owned treatment works permittee:
(1) determines that an upset has occurred in the publicly owned treatment works that is likely to pose a threat to human or animal life; or
(2) has knowledge of an imminent threat from a chemical or other release to the collection system that is likely to cause an upset in the publicly owned treatment works that is likely to pose a threat to human or animal life;
the permittee shall notify emergency response personnel of the department not more than two (2) hours after the determination under subdivision (1) or the acquisition of knowledge of an imminent threat under subdivision (2).
(b) If the department receives notification from a publicly owned treatment works permittee under subsection (a), the department:
(1) must notify all appropriate state and local government agencies;
(2) may provide technical assistance to the publicly owned treatment works as the department determines is necessary; and
(3) must, if the department determines that there is or may be a threat to human health or animal life, notify the affected news media;
not more than forty-eight (48) hours after receiving the notification under subsection (a).
As added by P.L.112-2000, SEC.3.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 12. Septage Management › 13-18-12-9.5. Amendment of Npdes General Permit for County Onsite Waste Management Districts

Sec. 9.5. If the amendment of the National Pollutant Discharge Elimination System (NPDES) general permit issued by the department for the purposes of IC 36-11 is necessary or advisable to enable county onsite waste management districts established under IC 36-11 after June 30, 2023, to function properly and effectively, the department shall amend the general permit as soon as reasonably possible after June 30, 2023.
As added by P.L.192-2023, SEC.4.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 13. Repealed

[Pre-1996 Recodification Citations:
13-18-13-1formerly 4-23-21-5 part13-18-13-2formerly 4-23-21-913-18-13-3formerly 4-23-21-5 part13-18-13-4formerly 4-23-21-613-18-13-5formerly 4-23-21-6.113-18-13-6formerly 4-23-21-6.213-18-13-7formerly 4-23-21-6.313-18-13-8formerly 4-23-21-6.413-18-13-9formerly 4-23-21-713-18-13-10formerly 4-23-21-8(a)13-18-13-11formerly 4-23-21-8(b)13-18-13-12formerly 4-23-21-8(c)13-18-13-13formerly 4-23-21-8(d)13-18-13-14formerly 4-23-21-8(e)13-18-13-15formerly 4-23-21-8.413-18-13-16formerly 4-23-21-1013-18-13-17formerly 4-23-21-1113-18-13-18formerly 4-23-21-1213-18-13-19formerly 4-23-21-1313-18-13-20formerly 4-23-21-1413-18-13-21formerly 4-23-21-16 part13-18-13-22formerly 4-23-21-1513-18-13-23formerly 4-23-21-16 part13-18-13-24formerly 4-23-21-1713-18-13-25formerly 4-23-21-18(a)13-18-13-26formerly 4-23-21-18(b)13-18-13-27formerly 4-23-21-18(c)13-18-13-28formerly 4-23-21-18(d)13-18-13-29formerly 4-23-21-18(e).]
Repealed by P.L.189-2018, SEC.122.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 14. Interstate Sewage › 13-18-14-1. Land Filtration or Treatment; Approval Required

Sec. 1. Predominantly domestic sewage and surface run-off or sludges derived from domestic sewage or surface run-off may not be transported through any drain, pipe, railroad car, truck, or barge from another state into Indiana for use in any land filtration or land treatment project without the express approval of the following:
(1) The general assembly.
(2) The county executive of each county affected by the land filtration or transportation.
[Pre-1996 Recodification Citation: 13-1-11-1.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 15. Connection to Sewage Service › 13-18-15-1. Order to Connect or Receive and Treat Sewage

Sec. 1. If the commissioner finds it is in the interest of the health, safety, convenience, and welfare of the residents of an area, a person may be ordered to connect to or receive and treat sewage from any other person or from an industry, a shopping center, a mobile home community, or a housing development when the service and use will not:
(1) result in irreparable injury to the receiving equipment; or
(2) make impossible the provision of the service previously provided to the users of the equipment.
[Pre-1996 Recodification Citation: 13-7-15-1(a) part.]
As added by P.L.1-1996, SEC.8. Amended by P.L.87-2005, SEC.1.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 15. Connection to Sewage Service › 13-18-15-2. Negotiation of Terms; Remonstrance Waivers

Sec. 2. (a) The persons involved shall negotiate the terms for connection and service under this chapter.
(b) If service is ordered under this chapter, a receiver of that service that is located in an unincorporated area may grant a waiver to a municipality providing the service. A waiver under this section:
(1) must waive the receiver's right of remonstrance against annexation of the areas in which the service is to be provided; and
(2) may be one (1) of the terms for connection and service described in subsection (a).
(c) The waiver, if granted:
(1) shall be noted on the deed of each property affected and recorded as provided by law; and
(2) is considered a covenant running with the land.
(d) This subsection applies to any deed recorded after June 30, 2015. This subsection applies only to property that is subject to a remonstrance waiver. A municipality shall, within a reasonable time after the recording of a deed to property located within the municipality, provide written notice to the property owner that a waiver of the right of remonstrance exists with respect to the property.
(e) A remonstrance waiver executed before July 1, 2003, is void. This subsection does not invalidate an annexation that was effective on or before July 1, 2019.
(f) A remonstrance waiver executed after June 30, 2003, and before July 1, 2019, is subject to the following:
(1) The waiver is void unless the waiver was recorded:
(A) before January 1, 2020; and
(B) with the county recorder of the county where the property subject to the waiver is located.
(2) A waiver that is not void under subdivision (1) expires not later than fifteen (15) years after the date the waiver is executed.
This subsection does not invalidate an annexation that was effective on or before July 1, 2019.
(g) A remonstrance waiver executed after June 30, 2019, is subject to the following:
(1) The waiver is void unless the waiver is recorded:
(A) not later than thirty (30) business days after the date the waiver was executed; and
(B) with the county recorder of the county where the property subject to the waiver is located.
(2) A waiver that is not void under subdivision (1) expires not later than fifteen (15) years after the date the waiver is executed.
This subsection does not invalidate an annexation that was effective on or before July 1, 2019.
[Pre-1996 Recodification Citation: 13-7-15-1(a) part.]
As added by P.L.1-1996, SEC.8. Amended by P.L.228-2015, SEC.2; P.L.257-2019, SEC.83.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 15. Connection to Sewage Service › 13-18-15-3. Failure of Negotiations; Determination and Order

Sec. 3. (a) If the negotiations fail:
(1) any person involved; or
(2) the department;
may apply to the Indiana utility regulatory commission for a determination of any question upon which an agreement was not reached.
(b) Upon application to the commission, the commission shall, in accordance with the commission's procedures:
(1) determine:
(A) the reasonable and just charges; and
(B) the compensation to be made for the connection and service; and
(2) enter an order designating:
(A) each person who shall perform the work of establishing the connection; and
(B) the other conditions that are necessary to effect the connection.
[Pre-1996 Recodification Citation: 13-7-15-1(a) part.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 15. Connection to Sewage Service › 13-18-15-4. Appeal

Sec. 4. Any person aggrieved by an order under section 3 of this chapter has all rights of appeal as with other orders of the commission.
[Pre-1996 Recodification Citation: 13-7-15-1(a) part.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 15. Connection to Sewage Service › 13-18-15-5. Waiver Against Remonstrance

Sec. 5. A landowner in an unincorporated area who connects to a sewer or water service because a person other than the landowner has polluted or contaminated the area is not required to grant a municipality a waiver against remonstrance if:
(1) the area in which the service to be provided is annexed; and
(2) a person other than the landowner or the municipality has paid the cost of extension of or connection to the service.
[Pre-1996 Recodification Citation: 13-7-15-1(b).]
As added by P.L.1-1996, SEC.8. Amended by P.L.124-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 16. Public Water Supplies › 13-18-16-1. Submission of Plans and Specifications; Issuance of Permit; Determination

Sec. 1. (a) A permit is required for the construction, installation, or modification of:
(1) sources;
(2) facilities;
(3) equipment; or
(4) devices;
of a public water system, including water distribution systems.
(b) Plans and specifications for the construction, installation, or modification of sources, facilities, equipment, or devices of a public water system must be submitted to the commissioner with a permit application. The plans and specifications must be complete and of sufficient detail to show all proposed construction, changes, or modifications that may affect the sanitary quality, chemical quality, or adequacy of the public water system involved. The applicant shall supply any additional data or material considered appropriate by the commissioner to a review of the plans and specifications.
(c) Unless otherwise provided in rules adopted under section 8(b) of this chapter, plans and specifications must be submitted to the commissioner with the permit application for water distribution systems.
(d) Construction, installation, or modification of a public water system may not begin until the commissioner has issued a permit under subsection (a).
(e) In determining whether to issue a permit under this section, the commissioner shall proceed under IC 13-15.
[Pre-1996 Recodification Citation: 13-7-14-1(a), (b), (c), (d).]
As added by P.L.1-1996, SEC.8. Amended by P.L.25-1997, SEC.10; P.L.184-2002, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 16. Public Water Supplies › 13-18-16-2. Revocation or Modification of Permit

Sec. 2. The commissioner may initiate action under IC 13-15-7 to revoke or modify a permit.
[Pre-1996 Recodification Citation: 13-7-14-1(e).]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 16. Public Water Supplies › 13-18-16-3. Civil Penalty

Sec. 3. The commissioner may initiate action under IC 4-21.5-3 to assess a civil penalty against a permit holder who fails to take action to correct or prevent contamination of the sanitary or chemical quality of the water supply after the permit holder knew or should have known that the action should be taken. The civil penalty assessed under this section may not exceed one thousand dollars ($1,000) for each day of violation.
[Pre-1996 Recodification Citation: 13-7-14-1(f).]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 16. Public Water Supplies › 13-18-16-4. Emergency Repairs or Proceedings

Sec. 4. This chapter does not preclude emergency repairs or proceedings.
[Pre-1996 Recodification Citation: 13-7-14-1(g).]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 16. Public Water Supplies › 13-18-16-5. Approval of Plans

Sec. 5. Plans and specifications submitted to the commissioner under section 1 of this chapter shall be approved if it is determined that the plans and specifications meet all of the following conditions:
(1) The plans and specifications are satisfactory with respect to the following:
(A) Sanitary quality, including chlorination, if required.
(B) Chemical quality.
(C) Adequacy of the water supply.
(2) The plans and specifications meet the requirements of any rules or standards adopted by the board under section 8 of this chapter governing the location, design, construction, and operation and maintenance of:
(A) public water system installations; and
(B) changes or additions to public water system installations.
[Pre-1996 Recodification Citation: 13-7-14-2.]
As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 16. Public Water Supplies › 13-18-16-6. Operation and Maintenance; Duties; Violations

Sec. 6. (a) All public water systems shall be continuously operated and maintained so that water is:
(1) safe in quality;
(2) clean and adequate in quantity; and
(3) chemically satisfactory for ordinary domestic consumption.
(b) The person responsible for the operation of a public water system shall take all measures that are necessary to carry out the requirements of subsection (a) so as to protect the quality and quantity of the raw water supply from actual or threatened contamination. These measures include the relocation of the point of raw water collection to a site that is not contaminated or threatened by contamination.
(c) The person responsible for the operation of a public water system that uses surface water as a source of drinking water shall implement the surface water quality threat minimization and response plan developed and maintained under section 7.5 of this chapter immediately upon discovering:
(1) the contamination; or
(2) a threat of contamination;
of the surface water used by the public water system as a source of drinking water.
(d) The failure to carry out a duty set forth in subsection (a) or (b) constitutes a violation subject to the penalties imposed under this chapter. Each day a violation occurs under this section constitutes a separate violation.
[Pre-1996 Recodification Citation: 13-7-14-3.]
As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.16; P.L.112-2015, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 16. Public Water Supplies › 13-18-16-7. Water Samples and Reports of Operations

Sec. 7. (a) A person responsible for the operation of public water systems shall submit:
(1) samples of water for analysis; and
(2) reports of operation pertaining to the sanitary quality, chemical quality, or adequacy of water supplied by those systems;
that the commissioner requests. The operator certified under IC 13-18-11 must verify under oath the reports of operation.
(b) The reports submitted to the department under subsection (a)(2) shall be submitted electronically unless the commissioner authorizes another method of submitting the reports.
[Pre-1996 Recodification Citation: 13-7-14-4.]
As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.17; P.L.250-2019, SEC.26.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 16. Public Water Supplies › 13-18-16-7.5. Duties of Operator of Public Water System That Uses Surface Water; Information Gathering

Sec. 7.5. (a) For purposes of this section, "responsible person" means the person responsible for the operation of a public water system that uses surface water as a source of drinking water.
(b) A responsible person shall do the following or ensure that the following are done:
(1) Develop, maintain, and update a surface water quality threat minimization and response plan for the public water system for which the person is responsible. A plan developed under this subdivision must include the following:
(A) An identification of critical drinking water intake facilities, including specific locations of wells, intake structures, and critical drinking water distribution infrastructure.
(B) An identification of potential threats to raw water quality.
(C) An assessment of the risks posed by potential threats identified in clause (B).
(D) A communication, education, and risk minimization plan.
(E) An incident response plan.
A plan described in this subdivision, as well as its component parts, is confidential under IC 5-14-3-4(b)(19).
(2) With respect to a plan described in subdivision (1):
(A) Submit the plan to the department when the plan is developed.
(B) Submit an updated plan to the department every five (5) years thereafter.
(c) A responsible person may gather information from potential sources of contamination for the purpose of developing or updating a surface water quality threat minimization and response plan required by subsection (b)(1). The information gathered under this subsection may be excepted from inspection and copying under IC 5-14-3-4(a)(1), IC 5-14-3-4(a)(4), IC 5-14-3-4(a)(8), and IC 5-14-3-4(b)(19), depending on the circumstances pertaining to the information.
As added by P.L.112-2015, SEC.12. Amended by P.L.72-2017, SEC.10.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 16. Public Water Supplies › 13-18-16-8. Rules

Sec. 8. (a) The board shall adopt rules under IC 4-22-2 and IC 13-14-9 establishing requirements for public water systems, including the following:
(1) The requirement to obtain a permit for the construction, installation, or modification of facilities, equipment, or devices for any public water system.
(2) The requirement to obtain a permit for the operation of sources, facilities, equipment, or devices for any public water system.
(b) The board shall adopt a permit by rule for water main extensions (as defined in 327 IAC 8-3-1) to satisfy the permit requirement in section 1(a) of this chapter.
(c) The board may adopt rules to carry out the intent of this chapter related to requirements necessary to protect the safety of the public water supply.
[Pre-1996 Recodification Citation: 13-7-14-5(a).]
As added by P.L.1-1996, SEC.8. Amended by P.L.25-1997, SEC.11; P.L.184-2002, SEC.18; P.L.112-2015, SEC.13; P.L.72-2017, SEC.11; P.L.233-2017, SEC.22.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 16. Public Water Supplies › 13-18-16-9. Agency to Secure Benefits of Federal Act

Sec. 9. Except as provided in IC 14-37, the department:
(1) is the state agency with responsibility concerning the federal Safe Drinking Water Act (42 U.S.C. 300f through 300j) in effect January 1, 1988; and
(2) may take any action necessary to secure the benefits of that act for Indiana.
[Pre-1996 Recodification Citation: 13-7-14-5(b).]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 16. Public Water Supplies › 13-18-16-10. Continuing Surveillance

Sec. 10. The department shall conduct a program of continuing surveillance and inspection of public water systems and technical assistance in connection with public water systems.
[Pre-1996 Recodification Citation: 13-7-14-5(c).]
As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.19.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 16. Public Water Supplies › 13-18-16-11. Local Government Programs and Facilities

Sec. 11. The department shall encourage and advise units of local government in developing programs and facilities for public water systems.
[Pre-1996 Recodification Citation: 13-7-14-5(d).]
As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.20.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 16. Public Water Supplies › 13-18-16-12. Permit Required

Sec. 12. A person may not:
(1) install or contract for the construction of any public water system facilities, including water purification or treatment works; or
(2) make any material change in any public water system facilities;
until a permit has been issued by the commissioner.
[Pre-1996 Recodification Citation: 13-7-14-6.]
As added by P.L.1-1996, SEC.8. Amended by P.L.25-1997, SEC.12; P.L.184-2002, SEC.21.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 16. Public Water Supplies › 13-18-16-13. Investigation of Public Water System's Water; Water Testing at New Collection Point; Appointment of Person to Take Charge

Sec. 13. (a) The commissioner may investigate and determine whether any public water system is providing water that is impure and dangerous to public health. If the commissioner determines that the water supply of a public water system:
(1) is impure and dangerous to public health; or
(2) does not meet drinking water standards under:
(A) the federal Safe Drinking Water Act (42 U.S.C. 300f through 300j); or
(B) rules adopted by the board;
the commissioner may order that the water supply be made pure and safe to health in accordance with the procedures under IC 13-14-2 and IC 13-30-3.
(b) When the point of water collection of a public water system is being relocated, the commissioner may require water testing at the new point of collection before allowing the public water system to begin water collection at that point.
(c) If the commissioner determines that a water supply is impure and dangerous to public health because of inefficient management or operation of the public water system providing the water, the commissioner may order the person responsible for the public water system to appoint, not later than fifteen (15) days after the commissioner's determination, a competent person to take charge of and superintend the operation of the water system plant or works.
(d) The commissioner must approve the person appointed in response to the commissioner's order under subsection (c). However, the person responsible for the water system plant or works shall pay the salary of the person appointed.
[Pre-1996 Recodification Citation: 13-7-14-7.]
As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.22; P.L.233-2017, SEC.23.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 16. Public Water Supplies › 13-18-16-14. Sewage Treatment Plants; Inefficient Supervision or Operation; Orders to Appoint Superintendent

Sec. 14. (a) If a sewage treatment works or plant is not producing a reasonably pure effluent because of inefficient supervision or operation and has consequently:
(1) made any public water supply impure or dangerous to health;
(2) polluted any waters; or
(3) created a public nuisance;
the commissioner may under IC 13-30-3-10 through IC 13-30-3-12 order the person responsible for the sewage treatment works or plant to appoint, not later than fifteen (15) days after the commissioner's order, a competent person to take charge of and superintend the operation of the sewage treatment works or plant.
(b) The commissioner must approve the person appointed in response to the commissioner's order under subsection (a). However, the person responsible for the sewage treatment works or plant shall pay the salary of the person appointed.
[Pre-1996 Recodification Citation: 13-7-14-8.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 16. Public Water Supplies › 13-18-16-15. Enforcement of Chapter

Sec. 15. The commissioner may enforce this chapter under IC 13-30-3.
[Pre-1996 Recodification Citation: 13-7-14-5(e).]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 16. Public Water Supplies › 13-18-16-16. Nonprofit Water Utility Reconstituted as Water Authority by Resolution; Status as Political Subdivision; Existing Obligations; Treatment as Nonprofit; Independent Audits

Sec. 16. (a) A nonprofit water utility may adopt a resolution approved by its board of directors under this section that reconstitutes the nonprofit water utility as a water authority to be named as provided in the resolution.
(b) A resolution adopted under this section must allow:
(1) the structure of the board of directors; and
(2) the rules governing the water authority;
to remain the same as those applicable to the nonprofit water utility.
(c) The water authority shall retain all its powers, privileges, rights, and exemptions as a nonprofit water utility under:
(1) its existing bylaws and articles; and
(2) all laws applicable to nonprofit water utilities and local water corporations, including powers granted under IC 32-24-4-1.
(d) Except as provided in subsection (g), a water authority constituted under this section is a political subdivision of the state.
(e) A copy of a resolution adopted under this section must be filed with the secretary of state. When the secretary of state receives a copy of a resolution under this subsection, the secretary of state shall dissolve the corporate status of the nonprofit water utility for purposes of state law.
(f) A water authority constituted under this section shall:
(1) remain obligated under any existing contracts or agreements; and
(2) remain obligated and assume the indebtedness;
of the nonprofit water utility.
(g) Notwithstanding any other law and subject to subsections (h) and (i), a water authority constituted under this section is subject only to the laws applicable to nonprofit water utilities and local water corporations and is not subject to the following:
(1) IC 5-3.
(2) IC 5-4-1.
(3) IC 5-11.
(4) IC 5-13.
(5) IC 5-14-1.5.
(6) IC 5-14-3.
(7) IC 5-22.
(8) IC 36-1-8.
(9) IC 36-1-10.
(10) IC 36-1-10.5.
(11) IC 36-1-11.
(12) IC 36-1-12.
(13) IC 36-1-15.
(h) A water authority constituted under this section is subject to IC 8-1.5-3-8 for purposes of setting rates and charges.
(i) For each fiscal or calendar year of a water authority constituted under this section that ends after December 31, 2006, the water authority:
(1) shall:
(A) have an audit of its financial records performed by an independent certified public accounting firm; and
(B) keep the audit report on file at the water authority; and
(2) notwithstanding IC 5-11-1-9, is not subject to the following:
(A) Audit or examination by the state board of accounts.
(B) The examination guidelines and reporting requirements of the state board of accounts.
As added by P.L.104-1998, SEC.3. Amended by P.L.220-1999, SEC.3; P.L.2-2002, SEC.57; P.L.166-2006, SEC.1.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 17. Groundwater Protection › 13-18-17-1. Repealed

[Pre-1996 Recodification Citation: 13-7-26-2.]
As added by P.L.1-1996, SEC.8. Amended by P.L.28-2004, SEC.118. Repealed by P.L.131-2006, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 17. Groundwater Protection › 13-18-17-2. Registry of Contaminated Sites

Sec. 2. (a) The department, with the assistance of other state agencies as requested, shall establish and maintain a registry of sites within Indiana at which contamination of groundwater has been detected.
(b) The information in the registry shall be made available to the public under IC 5-14-3 for inspection and copying during ordinary business hours.
(c) The department shall continuously supplement and clarify information in the registry as additional information on sites with groundwater contamination becomes available.
[Pre-1996 Recodification Citation: 13-7-26-3.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 17. Groundwater Protection › 13-18-17-3. Groundwater Quality Clearinghouse

Sec. 3. (a) The department, with the assistance of other state agencies as requested, shall establish and operate a groundwater quality clearinghouse within the department.
(b) The groundwater quality clearinghouse established under this section shall do all of the following:
(1) Receive complaints about groundwater contamination.
(2) Screen reports of groundwater pollution.
(3) Ensure that complaints and reports are adequately investigated.
(4) Provide information to the public about groundwater and groundwater pollution.
(5) Coordinate the management of groundwater quality data in Indiana.
[Pre-1996 Recodification Citation: 13-7-26-4.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 17. Groundwater Protection › 13-18-17-4. Investigation; Contamination of Private Water Supply Wells; Advisory; Emergency Action

Sec. 4. (a) The department under IC 13-14-2-2:
(1) may investigate allegations of; and
(2) shall investigate confirmed incidents of;
contamination of groundwater that affect private water supply wells.
(b) The commissioner shall:
(1) issue an advisory to the users and owners of a water well found to be contaminated concerning the hazards to health posed by the contamination;
(2) take emergency action, including emergency action under IC 13-14-10, to reduce exposure to well water contaminants that pose a threat to human health; and
(3) as appropriate to safeguard human health, order abandonment of contaminated water wells.
[Pre-1996 Recodification Citation: 13-7-26-5.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 17. Groundwater Protection › 13-18-17-5. Quality Standards; Onsite Sewage Systems

Sec. 5. (a) The board shall adopt rules under IC 4-22-2 establishing groundwater quality standards that include numeric and narrative criteria, a groundwater classification plan, and a method of determining where the groundwater quality standards must apply. The standards established under this subsection shall be used for the following purposes:
(1) To establish minimum compliance levels for groundwater quality monitoring at regulated facilities.
(2) To ban the discharge of effluents into potable groundwater.
(3) To establish health protection goals for untreated water in water supply wells.
(4) To establish concentration limits for contaminants in ambient groundwater.
(b) Except as provided in subsection (c) and subject to subsection (d), the following agencies shall adopt rules under IC 4-22-2 to apply the groundwater quality standards established under this section to activities regulated by the agencies:
(1) The department.
(2) The department of natural resources.
(3) The Indiana department of health.
(4) The office of the state chemist.
(5) The department of homeland security.
(c) The executive board of the Indiana department of health may not adopt rules to apply the nitrate and nitrite numeric criteria included in groundwater quality standards established in rules adopted by the board under subsection (a) to onsite sewage systems.
(d) Any rule adopted by the executive board of the Indiana department of health is void to the extent that the rule applies the nitrate and nitrite numeric criteria included in groundwater quality standards established in rules adopted by the board under subsection (a) to onsite sewage systems.
[Pre-1996 Recodification Citation: 13-7-26-6.]
As added by P.L.1-1996, SEC.8. Amended by P.L.168-1999, SEC.1; P.L.24-2004, SEC.6; P.L.1-2006, SEC.201; P.L.113-2014, SEC.72; P.L.187-2021, SEC.48; P.L.56-2023, SEC.129.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 17. Groundwater Protection › 13-18-17-5.5. Water Well Testing Costs Incurred by Nontransient Noncommunity Water Systems Operated by Certain Nonprofit Centers; Reimbursement by Department; Procedures

Sec. 5.5. (a) The department shall pay the costs of well water testing if:
(1) the testing is required by state law, federal law, or both; and
(2) the costs are incurred:
(A) after June 30, 2007;
(B) by a nontransient noncommunity water system operated by a nonprofit center for advocacy for abused and neglected children that does not provide overnight care on site; and
(C) for testing of water from a well operated by the entity as part of the system.
(b) To receive payment from the department for the costs described in subsection (a), an entity described in subsection (a)(2)(B) shall do the following:
(1) Conduct or cause to be conducted the testing required by state law, federal law, or both, by:
(A) submitting samples from the nontransient noncommunity water system to the Indiana department of health for testing; and
(B) arranging for a private laboratory to perform any tests not performed by the Indiana department of health.
(2) Submit to the department a request for reimbursement of the amount paid for the testing by the entity described in subsection (a)(2)(B). A request under this subdivision must include the following:
(A) The name or type of testing conducted.
(B) The date of the testing.
(C) The name of each laboratory conducting the testing.
(D) The cost of each test conducted.
(E) A paid invoice from each laboratory conducting the testing, indicating:
(i) the amount paid by the entity described in subsection (a)(2)(B); and
(ii) the date paid.
(F) The name of the facility served by the nontransient noncommunity water system.
(c) The department shall establish any additional procedures necessary for an entity referred to in subsection (a)(2)(B) to apply to the department for payments under subsection (a).
As added by P.L.61-2007, SEC.3. Amended by P.L.56-2023, SEC.130.