CHAPTER 17. GROUNDWATER PROTECTION
IC 13-18-17
Chapter 17. Groundwater Protection
IC 13-18-17-1
Repealed
(Repealed by P.L.131-2006, SEC.14.)
IC 13-18-17-2
Registry of contaminated sites
Sec. 2. (a) The department, with the assistance of other stateagencies as requested, shall establish and maintain a registry of siteswithin Indiana at which contamination of groundwater has beendetected.
(b) The information in the registry shall be made available to thepublic under IC 5-14-3 for inspection and copying during ordinarybusiness hours.
(c) The department shall continuously supplement and clarifyinformation in the registry as additional information on sites withgroundwater contamination becomes available.
As added by P.L.1-1996, SEC.8.
IC 13-18-17-3
Groundwater quality clearinghouse
Sec. 3. (a) The department, with the assistance of other stateagencies as requested, shall establish and operate a groundwaterquality clearinghouse within the department.
(b) The groundwater quality clearinghouse established under thissection 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 adequatelyinvestigated.
(4) Provide information to the public about groundwater andgroundwater pollution.
(5) Coordinate the management of groundwater quality data inIndiana.
As added by P.L.1-1996, SEC.8.
IC 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 wellfound to be contaminated concerning the hazards to healthposed by the contamination;
(2) take emergency action, including emergency action under
IC 13-14-10, to reduce exposure to well water contaminants thatpose a threat to human health; and
(3) as appropriate to safeguard human health, orderabandonment of contaminated water wells.
As added by P.L.1-1996, SEC.8.
IC 13-18-17-5
Water pollution control board; quality standards; onsite sewagesystems
Sec. 5. (a) The board shall adopt rules under IC 4-22-2establishing groundwater quality standards that include numeric andnarrative criteria, a groundwater classification plan, and a method ofdetermining where the groundwater quality standards must apply.The standards established under this subsection shall be used for thefollowing purposes:
(1) To establish minimum compliance levels for groundwaterquality monitoring at regulated facilities.
(2) To ban the discharge of effluents into potable groundwater.
(3) To establish health protection goals for untreated water inwater supply wells.
(4) To establish concentration limits for contaminants inambient 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 applythe groundwater quality standards established under this section toactivities regulated by the agencies:
(1) The department.
(2) The department of natural resources.
(3) The state department of health.
(4) The office of the state chemist.
(5) The division of fire and building safety.
(c) The executive board of the state department of health may notadopt rules to apply the nitrate and nitrite numeric criteria includedin groundwater quality standards established in rules adopted by theboard under subsection (a) to onsite sewage systems.
(d) Any rule adopted by the executive board of the statedepartment of health is void to the extent that the rule applies thenitrate and nitrite numeric criteria included in groundwater qualitystandards established in rules adopted by the Indiana water pollutioncontrol board under subsection (a) to onsite sewage systems.
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.
IC 13-18-17-5.5
Water well testing costs incurred by nontransient noncommunitywater systems operated by certain nonprofit centers;reimbursement by department; procedures
Sec. 5.5. (a) The department shall pay the costs of well watertesting 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 operatedby a nonprofit center for advocacy for abused and neglectedchildren that does not provide overnight care on site; and
(C) for testing of water from a well operated by the entity aspart of the system.
(b) To receive payment from the department for the costsdescribed 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 bystate law, federal law, or both, by:
(A) submitting samples from the nontransient noncommunitywater system to the state department of health for testing;and
(B) arranging for a private laboratory to perform any testsnot performed by the state department of health.
(2) Submit to the department a request for reimbursement of theamount paid for the testing by the entity described in subsection(a)(2)(B). A request under this subdivision must include thefollowing:
(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 thetesting, 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 nontransientnoncommunity water system.
(c) The department shall establish any additional proceduresnecessary for an entity referred to in subsection (a)(2)(B) to apply tothe department for payments under subsection (a).
As added by P.L.61-2007, SEC.3.
IC 13-18-17-6
Water pollution control board; protection zones; notice andhearing
Sec. 6. (a) The board shall adopt rules under IC 4-22-2 to establishprotection zones around community water system wells.
(b) The state agencies referred to in section 5(b) of this chaptermay not permit activities within the zones established undersubsection (a) that would violate the rules or interfere with thepurposes of the rules.
(c) The department shall establish and operate a program ofeducation and assistance to local officials in developing andmanaging well field protection zones.
(d) The rules adopted under subsection (a) or any zoning under
IC 36-7 to establish protection zones around community watersystem wells may not restrict any activity by:
(1) an owner of land;
(2) a mineral owner; or
(3) a mineral leaseholder of record;
unless the owner or leaseholder is sent written notice of, and has anopportunity to be heard on, the establishment of the zone and theconstruction of the community public water system that caused theestablishment of the zone.
(e) A person that requests a permit for construction of acommunity water system or establishment of a well field protectionzone is responsible for any notice requirements the board establishes.
As added by P.L.1-1996, SEC.8. Amended by P.L.25-1997, SEC.13;P.L.184-2002, SEC.23.
IC 13-18-17-7
Water pollution control board; construction and monitoring ofsurface impoundments; application
Sec. 7. (a) The board shall adopt rules under IC 4-22-2 for theconstruction and monitoring of surface impoundments, includingpits, ponds, and lagoons, used for the storage or treatment ofnonhazardous waste and wastewater.
(b) The requirements of the rules adopted under this section mustapply to all the state agencies referred to in section 5(b) of thischapter.
As added by P.L.1-1996, SEC.8.