CHAPTER 16. PUBLIC WATER SUPPLIES
IC 13-18-16
Chapter 16. Public Water Supplies
IC 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, ormodification of sources, facilities, equipment, or devices of a publicwater system must be submitted to the commissioner with a permitapplication. The plans and specifications must be complete and ofsufficient detail to show all proposed construction, changes, ormodifications that may affect the sanitary quality, chemical quality,or adequacy of the public water system involved. The applicant shallsupply any additional data or material considered appropriate by thecommissioner 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 thecommissioner with the permit application for water distributionsystems.
(d) Construction, installation, or modification of a public watersystem may not begin until the commissioner has issued a permitunder subsection (a).
(e) In determining whether to issue a permit under this section, thecommissioner shall proceed under IC 13-15.
As added by P.L.1-1996, SEC.8. Amended by P.L.25-1997, SEC.10;P.L.184-2002, SEC.14.
IC 13-18-16-2
Revocation or modification of permit
Sec. 2. The commissioner may initiate action under IC 13-15-7 torevoke or modify a permit.
As added by P.L.1-1996, SEC.8.
IC 13-18-16-3
Civil penalty
Sec. 3. The commissioner may initiate action under IC 4-21.5-3to assess a civil penalty against a permit holder who fails to takeaction to correct or prevent contamination of the sanitary or chemicalquality of the water supply after the permit holder knew or shouldhave known that the action should be taken. The civil penaltyassessed under this section may not exceed one thousand dollars($1,000) for each day of violation.
As added by P.L.1-1996, SEC.8.
IC 13-18-16-4
Emergency repairs or proceedings
Sec. 4. This chapter does not preclude emergency repairs orproceedings.
As added by P.L.1-1996, SEC.8.
IC 13-18-16-5
Approval of plans
Sec. 5. Plans and specifications submitted to the commissionerunder section 1 of this chapter shall be approved if it is determinedthat the plans and specifications meet all of the following conditions:
(1) The plans and specifications are satisfactory with respect tothe 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 anyrules or standards adopted by the board under section 8 of thischapter governing the location, design, construction, andoperation and maintenance of:
(A) public water system installations; and
(B) changes or additions to public water system installations.
As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.15.
IC 13-18-16-6
Operation and maintenance; duties; violations
Sec. 6. (a) All public water systems shall be continuouslyoperated 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 watersystem shall take all measures that are necessary to carry out therequirements of subsection (a) so as to protect the quality andquantity of the raw water supply from actual or threatenedcontamination. These measures include the relocation of the point ofraw water collection to a site that is not contaminated or threatenedby contamination.
(c) The failure to carry out a duty set forth in subsection (a) or (b)constitutes a violation subject to the penalties imposed under thischapter. Each day a violation occurs under this section constitutes aseparate violation.
As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.16.
IC 13-18-16-7
Water samples and reports of operations
Sec. 7. A person responsible for the operation of public watersystems 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 thosesystems;
that the commissioner requests. The operator certified underIC 13-18-11 must verify under oath the reports of operation.
As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.17.
IC 13-18-16-8
Rules establishing requirements for issuance of permits
Sec. 8. (a) The board shall adopt rules under IC 4-22-2 andIC 13-14-9 establishing requirements for the issuance of permits tocontrol public water systems, including the following:
(1) Permits for the construction, installation, or modification offacilities, equipment, or devices for any public water system.
(2) Permits 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 mainextensions (as defined in 327 IAC 8-3-1) to satisfy the permitrequirement in section 1(a) of this chapter.
As added by P.L.1-1996, SEC.8. Amended by P.L.25-1997, SEC.11;P.L.184-2002, SEC.18.
IC 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 federalSafe Drinking Water Act (42 U.S.C. 300f through 300j) ineffect January 1, 1988; and
(2) may take any action necessary to secure the benefits of thatact for Indiana.
As added by P.L.1-1996, SEC.8.
IC 13-18-16-10
Continuing surveillance
Sec. 10. The department shall conduct a program of continuingsurveillance and inspection of public water systems and technicalassistance in connection with public water systems.
As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.19.
IC 13-18-16-11
Local government programs and facilities
Sec. 11. The department shall encourage and advise units of localgovernment in developing programs and facilities for public watersystems.
As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.20.
IC 13-18-16-12
Permit required
Sec. 12. A person may not:
(1) install or contract for the construction of any public watersystem facilities, including water purification or treatment
works; or
(2) make any material change in any public water systemfacilities;
until a permit has been issued by the commissioner.
As added by P.L.1-1996, SEC.8. Amended by P.L.25-1997, SEC.12;P.L.184-2002, SEC.21.
IC 13-18-16-13
Impure and dangerous water supply; investigation; orders
Sec. 13. (a) The commissioner may investigate and determinewhether any public water system is providing water that is impureand dangerous to public health. If the commissioner determines thatthe water supply:
(1) is impure and dangerous to public health; or
(2) is not sufficiently purified because of improper construction,inadequate size, or inefficient management or operation;
the commissioner may under IC 13-30-3-10 through IC 13-30-3-12order that the water supply be made pure and safe to health.
(b) If the commissioner determines under subsection (a) that awater supply is impure and dangerous to public health because ofinefficient management or operation of the public water systemproviding the water, the commissioner may order the personresponsible for the public water system to appoint, not later thanfifteen (15) days after the commissioner's determination, a competentperson to take charge of and superintend the operation of the watersystem plant or works.
(c) The commissioner must approve the person appointed inresponse to the commissioner's order under subsection (b). However,the person responsible for the water system plant or works shall paythe salary of the person appointed.
As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.22.
IC 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 producinga reasonably pure effluent because of inefficient supervision oroperation and has consequently:
(1) made any public water supply impure or dangerous tohealth;
(2) polluted any waters; or
(3) created a public nuisance;
the commissioner may under IC 13-30-3-10 through IC 13-30-3-12order the person responsible for the sewage treatment works or plantto appoint, not later than fifteen (15) days after the commissioner'sorder, a competent person to take charge of and superintend theoperation of the sewage treatment works or plant.
(b) The commissioner must approve the person appointed inresponse 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.
As added by P.L.1-1996, SEC.8.
IC 13-18-16-15
Enforcement of chapter
Sec. 15. The commissioner may enforce this chapter underIC 13-30-3.
As added by P.L.1-1996, SEC.8.
IC 13-18-16-16
Nonprofit water utility reconstituted as water authority byresolution; status as political subdivision; existing obligations;treatment as nonprofit; independent audits
Sec. 16. (a) A nonprofit water utility may adopt a resolutionapproved by its board of directors under this section thatreconstitutes the nonprofit water utility as a water authority to benamed 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 localwater corporations, including powers granted underIC 32-24-4-1.
(d) Except as provided in subsection (g), a water authorityconstituted under this section is a political subdivision of the state.
(e) A copy of a resolution adopted under this section must be filedwith the secretary of state. When the secretary of state receives acopy of a resolution under this subsection, the secretary of state shalldissolve the corporate status of the nonprofit water utility forpurposes of state law.
(f) A water authority constituted under this section shall:
(1) remain obligated under any existing contracts oragreements; 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 subjectonly to the laws applicable to nonprofit water utilities and local watercorporations 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 toIC 8-1.5-3-8 for purposes of setting rates and charges.
(i) For each fiscal or calendar year of a water authority constitutedunder this section that ends after December 31, 2006, the waterauthority:
(1) shall:
(A) have an audit of its financial records performed by anindependent 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 requirementsof 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.