CHAPTER 8. COMPLIANCE WITH ORDERS
IC 13-18-8
Chapter 8. Compliance With Orders
IC 13-18-8-1
Final order
Sec. 1. A person upon whom a final order is served under thewater pollution control laws shall take the steps that are necessary tocomply with the final order.
As added by P.L.1-1996, SEC.8.
IC 13-18-8-2
Compliance by municipality; bond issue
Sec. 2. (a) If the offender is a municipal corporation, the cost of:
(1) acquisition, construction, repair, alteration, or extension ofthe necessary plants, machinery, or works; or
(2) taking other steps that are necessary to comply with theorder;
shall be paid out of money on hand available for these purposes orout of the general money of the municipal corporation not otherwiseappropriated.
(b) If there is not sufficient money on hand or unappropriated, thenecessary money shall be raised by the issuance of bonds. The bondissue is subject only to the approval of the department of localgovernment finance (before July 1, 2008).
As added by P.L.1-1996, SEC.8. Amended by P.L.90-2002, SEC.367;P.L.224-2007, SEC.103; P.L.146-2008, SEC.421.
IC 13-18-8-3
Issuance of bonds as direct obligation of municipal corporation
Sec. 3. If the estimated cost of the steps necessary for a municipalcorporation to comply with a final order is great enough that thebond issue necessary to finance the project would not raise the totaloutstanding bonded indebtedness of the municipal corporation inexcess of the constitutional limit, the necessary bonds:
(1) may be issued as a direct obligation of the municipalcorporation; and
(2) may be retired by a general tax levy against all the propertywithin the limit of the municipal corporation listed and assessedfor taxation.
As added by P.L.1-1996, SEC.8.
IC 13-18-8-4
Revenue bonds
Sec. 4. (a) Subject to subsection (b), if:
(1) the amount of the bonds necessary to be issued would raisethe total outstanding bonded indebtedness of the municipalcorporation above the constitutional limitation; or
(2) the municipal corporation determines against the issuanceof direct obligation bonds;
the municipal corporation shall issue revenue bonds and provide for
the retirement of the bonds in the same manner and subject to thesame conditions provided for the issuance and retirement of bondsin IC 36-9-23 to the extent that the provisions of that statute areapplicable and not in conflict with any of the express provisions ofthe water pollution control laws.
(b) IC 36-9-23-12 does not apply to bond issues proposed by amunicipal corporation to comply with a final order issued under theauthority of the water pollution control laws or IC 13-1-3 (before itsrepeal) and objections or submission to the qualified voters of themunicipal corporation:
(1) may not be authorized; and
(2) if objections are made, do not operate to justify or excusefailure to comply with the final order.
As added by P.L.1-1996, SEC.8.
IC 13-18-8-5
Sanitary fund
Sec. 5. The money made available by the issuance of either directobligation bonds or revenue bonds as provided by the water pollutioncontrol laws or IC 13-1-3 (before its repeal):
(1) constitutes a sanitary fund; and
(2) shall be used for no other purpose than for carrying out anorder issued under the water pollution control laws or IC 13-1-3(before its repeal).
As added by P.L.1-1996, SEC.8.
IC 13-18-8-6
Municipal pollution control works; governing law
Sec. 6. (a) Subject to subsection (b):
(1) the construction, acquisition, improvement, equipment,custody, operation, repair, and maintenance of a plant,machinery, or works by a municipal corporation in compliancewith a final order of the commissioner, other than the financing;and
(2) the rights, powers, and duties of the municipal corporationand the respective officers and departments of the municipalcorporation, whether the plant, machinery, or works is financedby the issuance of revenue or direct obligation bonds;
is governed by IC 36-9-23 to the extent that the provisions ofIC 36-9-23 are applicable and do not conflict with any of the expressprovisions of the water pollution control laws.
(b) IC 36-9-23-12 does not apply to the construction, acquisition,equipping, improvement, repair, or maintenance of a plant,machinery, or works by any municipal corporation in compliancewith a final order issued under the water pollution control laws orIC 13-1-3 before its repeal, and the objections or submission to thequalified voters of the municipal corporation:
(1) may not be authorized; and
(2) if objections are made, do not operate to justify or excusefailure to comply with the final order. (c) IC 36-9-23 may not be construed to allow the municipalcorporation or any of the officers of the municipal corporationdiscretion in the manner of complying with the order sincecomplying with the order is mandatory.
As added by P.L.1-1996, SEC.8.
IC 13-18-8-7
Failure to comply with final order
Sec. 7. Failure of:
(1) a municipal corporation; or
(2) the board of directors or other governing body of a privatecorporation, association, or other legal entity;
to provide for the financing and construction of the works that arenecessary to carry out a final order issued under the water pollutioncontrol laws or IC 13-1-3 (before its repeal) by appropriate ordinanceor resolution constitutes failure to begin appropriate action orproceedings to comply with the order.
As added by P.L.1-1996, SEC.8.
IC 13-18-8-8
Extensions of time; penalties
Sec. 8. (a) The commissioner may extend the time fixed in a finalorder issued under the water pollution control laws or IC 13-1-3(before its repeal) within which any offender is ordered to correct orabate a condition of pollution of any water upon written petition filedwith the department not less than thirty (30) days before the timefixed in the order if it appears that:
(1) a good faith effort to comply with the order is being made;and
(2) it will be impossible for the offender to complete the projectof work undertaken within the time fixed.
(b) A person who fails or refuses to correct or abate the pollutedcondition in compliance with the order:
(1) within the time fixed; or
(2) within the time additionally granted under this section;
is subject to the penalties imposed by IC 13-30-4, IC 13-30-5, andIC 13-30-8, and may be subject to criminal prosecution underIC 13-30-10.
As added by P.L.1-1996, SEC.8. Amended by P.L.137-2007, SEC.10.
IC 13-18-8-9
Violations
Sec. 9. A person who fails to discharge a duty imposed upon theperson by the water pollution control laws commits a Class Bmisdemeanor.
As added by P.L.1-1996, SEC.8.