CHAPTER 1. ESTABLISHMENT OF WATER POLLUTION CONTROL BOARD
IC 13-18
ARTICLE 18. WATER POLLUTION CONTROL
IC 13-18-1
Chapter 1. Establishment of Water Pollution Control Board
IC 13-18-1-1
Establishment
Sec. 1. The water pollution control board is established as anindependent board.
As added by P.L.1-1996, SEC.8.
IC 13-18-1-2
Members; appointment
Sec. 2. (a) The board consists of the following twelve (12)members:
(1) The following ex officio members:
(A) The commissioner of the state department of health.
(B) The director of the department of natural resources.
(C) The lieutenant governor.
(D) The secretary of commerce or the secretary's designee.
(2) The following eight (8) members, who shall be appointed bythe governor based on recommendations from representativeconstituencies:
(A) One (1) representative of agriculture.
(B) One (1) representative of manufacturing employed by anentity that holds an NPDES major permit.
(C) One (1) representative of environmental interests.
(D) One (1) representative of labor.
(E) One (1) representative of local government.
(F) One (1) health professional who holds a license topractice in Indiana.
(G) One (1) representative of small business.
(H) One (1) representative of the general public, who cannotqualify to sit on the board under any of the other clauses inthis subdivision.
(b) An individual appointed under subsection (a)(2) must possessknowledge, experience, or education qualifying the individual torepresent the entity the individual is being recommended torepresent.
As added by P.L.1-1996, SEC.8. Amended by P.L.90-1998, SEC.19;P.L.4-2005, SEC.121.
IC 13-18-1-3
Members; political party affiliation
Sec. 3. Not more than four (4) of the appointed members of theboard may be members of the same political party.
As added by P.L.1-1996, SEC.8.
IC 13-18-1-4 Members; technical representative as voting member
Sec. 4. An ex officio member of the board may designate inwriting a technical representative to serve as a voting member of theboard when the ex officio member is unable to attend a boardmeeting.
As added by P.L.1-1996, SEC.8.
IC 13-18-1-5
Members; terms; vacancies; removal
Sec. 5. (a) An appointed member of the board serves a term offour (4) years.
(b) The term of each member of the board continues until asuccessor has been appointed and qualified.
(c) If a vacancy occurs in the appointed membership of the board,the governor shall appoint a member not later than sixty (60) daysafter the vacancy occurs for the remainder of the unexpired termcreated by the vacancy. The board shall suspend the exercise of theboard's duties under the water pollution control laws if the vacancyhas not been filled not later than sixty (60) days after the vacancyoccurs.
(d) The governor may remove an appointed member of the boardfor cause. Cause includes the failure to attend at least two (2) boardmeetings within a one (1) year period.
(e) The board may not adopt a final rule under IC 13-14-8 until allmembers have been appointed.
As added by P.L.1-1996, SEC.8.
IC 13-18-1-6
Members; compensation
Sec. 6. (a) Ex officio members of the board serve withoutadditional compensation.
(b) Each appointed member of the board is entitled to thefollowing:
(1) The minimum salary per diem provided byIC 4-10-11-2.1(b).
(2) Reimbursement for traveling expenses provided underIC 4-13-1-4 and other expenses actually incurred in connectionwith the member's duties, as provided in the state policies andprocedures established by the Indiana department ofadministration and approved by the budget agency.
(c) The per diem salary and mileage reimbursement are validclaims against the department.
As added by P.L.1-1996, SEC.8.
IC 13-18-1-7
Meetings
Sec. 7. The board shall hold at least six (6) regular meetings eachyear at a place and time to be fixed by the board.
As added by P.L.1-1996, SEC.8.
IC 13-18-1-8
Special meetings
Sec. 8. Special meetings of the board may be called by:
(1) the chairman; or
(2) three (3) members of the board;
by delivery of written notice at the office of each member of theboard.
As added by P.L.1-1996, SEC.8.
IC 13-18-1-9
Quorum
Sec. 9. Seven (7) members of the board, four (4) of whom must beappointed members of the board, constitute a quorum.
As added by P.L.1-1996, SEC.8. Amended by P.L.4-2005, SEC.122.
IC 13-18-1-10
Officers
Sec. 10. The governor shall annually select:
(1) one (1) of the appointed members of the board to serve aschairman; and
(2) another of the appointed members of the board to serve asvice chairman.
As added by P.L.1-1996, SEC.8.
IC 13-18-1-11
Technical secretary
Sec. 11. (a) The board shall select, from a list of three (3)qualified individuals recommended by the governor, an independentthird party who is not an employee of the state to serve as technicalsecretary of the board.
(b) Between meetings of the board, the department shall do thefollowing:
(1) Handle correspondence.
(2) Make or arrange for investigations and surveys.
(3) Obtain, assemble, or prepare reports and data as directed bythe board.
(c) The technical secretary shall review all materials prepared forthe board by the department to make any necessary revisions.Provisions of this chapter concerning terms of appointment,vacancies, and compensation of appointed board members apply tothe technical secretary. The technical secretary is not a votingmember of the board.
As added by P.L.1-1996, SEC.8.
IC 13-18-1-12
Legal counsel
Sec. 12. (a) The board may select, from a list of three (3) qualifiedindividuals recommended by the governor, an independent thirdparty who is not an employee of the state to serve as legal counsel.
(b) The legal counsel shall do the following: (1) Advise the board on legal matters or proceedings arisingfrom the exercise of the board's duties.
(2) Review all materials prepared for the board by thedepartment for legal accuracy and sufficiency and direct thedepartment to make any necessary revisions.
(c) Provisions of this chapter concerning terms of appointment,vacancies, and compensation of appointed board members apply tothe legal counsel. The legal counsel is not a voting member of theboard.
As added by P.L.1-1996, SEC.8.