CHAPTER 4. RESTRICTIONS ON POLLUTION OF WATER
IC 13-18-4
Chapter 4. Restrictions on Pollution of Water
IC 13-18-4-1
Water qualities and properties indicating pollution
Sec. 1. The board may adopt rules under IC 4-22-2 to determinewhat qualities and properties of water indicate a polluted conditionof the water in any of the streams or waters of Indiana:
(1) that is deleterious to:
(A) the public health; or
(B) the prosecution of any industry or lawful occupation forwhich or in which any waters may be lawfully used oremployed;
(2) by which any agricultural, floricultural, or horticulturalpursuit may be or is injuriously affected;
(3) by which the lawful conduct of any livestock industry or theuse of any waters for domestic animals may be prevented,injuriously affected, or impaired;
(4) by which any lawful use of any waters by the state or by anyperson may be lessened or impaired or materially interferedwith; or
(5) by which:
(A) any fish life or any beneficial animal or vegetable life inthe waters may be destroyed; or
(B) the growth or propagation of fish life or beneficialanimal or vegetable life in the water is prevented orinjuriously affected.
As added by P.L.1-1996, SEC.8.
IC 13-18-4-2
Filing of rules and determinations
Sec. 2. A rule or determination made by the board or thecommissioner under sections 1 through 4 of this chapter shall befiled of record in the office of the department.
As added by P.L.1-1996, SEC.8.
IC 13-18-4-3
Rules restricting polluting content discharged into streams
Sec. 3. The board may adopt rules restricting the polluting contentof any waste material and polluting substances discharged or soughtto be discharged into any of the streams or waters of Indiana.
As added by P.L.1-1996, SEC.8.
IC 13-18-4-4
Prevention of unreasonable pollution and against public interest
Sec. 4. The commissioner may take appropriate steps to preventany pollution that is determined to be unreasonable and againstpublic interests in view of the condition in any stream or other watersof Indiana.
As added by P.L.1-1996, SEC.8.
IC 13-18-4-5
Unlawful discharge of deleterious substances
Sec. 5. A person may not:
(1) throw, run, drain, or otherwise dispose into any of thestreams or waters of Indiana; or
(2) cause, permit, or suffer to be thrown, run, drained, allowedto seep, or otherwise disposed into any waters;
any organic or inorganic matter that causes or contributes to apolluted condition of any waters, as determined by a rule of the boardadopted under sections 1 and 3 of this chapter.
As added by P.L.1-1996, SEC.8.
IC 13-18-4-6
Notice of violation; service; contents
Sec. 6. (a) Whenever the commissioner determines that a person:
(1) is violating; or
(2) is about to violate;
section 5 of this chapter, the department shall serve notice on theperson by certified mail of the commissioner's determination.
(b) The commissioner shall include in the notice an order againstthe person to:
(1) cease the violation; and
(2) abate the condition of pollution;
fixing in the order a reasonable time within which the correction andabatement must take place.
(c) Proceedings concerning an order issued under this section aregoverned by IC 4-21.5.
As added by P.L.1-1996, SEC.8.
IC 13-18-4-7
Mixing zones
Sec. 7. (a) Notwithstanding any rules of the board, thecommissioner shall allow for a mixing zone in permits that involvea discharge into Lake Michigan if the applicant can demonstrate tothe commissioner that the mixing zone will not cause harm to humanhealth or aquatic life.
(b) For mixing zones allowed under subsection (a), surface waterquality standards for bioaccumulative chemicals of concern shall beapplied to the undiluted discharge, rather than at a point outside themixing zone.
As added by P.L.1-1996, SEC.8.
IC 13-18-4-8
Discharge induced mixing permits
Sec. 8. In issuing permits authorizing discharge induced mixing,the commissioner shall allow for mixing initiated by the use of:
(1) submerged, high rate diffuser outfall structures; or
(2) the functional equivalent of submerged, high rate diffuseroutfall structures;
that provide turbulent initial mixing and minimize organism exposure
times.
As added by P.L.1-1996, SEC.8.