CHAPTER 24. HEALTH, SANITATION, AND SAFETY: WATER SUPPLIES
IC 16-41-24
Chapter 24. Health, Sanitation, and Safety: Water Supplies
IC 16-41-24-1
Deposit of deleterious substances prohibited
Sec. 1. A person may not deposit or cause or permit to bedeposited in the waters of Indiana a substance that meets any of thefollowing conditions:
(1) Is deleterious to the public health or to the prosecution ofany industry or lawful occupation in which the water may belawfully used.
(2) Adversely affects any agricultural, floricultural, orhorticultural pursuit.
(3) Lessens or impairs any livestock industry or the use of thewater for domestic animals.
(4) Lessens, impairs, or materially interferes with the use of thewater by the state or any political subdivision of the state.
(5) Destroys or jeopardizes any beneficial animal, fish, orvegetable life in the water.
As added by P.L.2-1993, SEC.24.
IC 16-41-24-2
Pollution abatement actions
Sec. 2. (a) A person who has suffered or is threatened withdamage because of pollution of water by any person may bring a suitto abate the pollution or threatened pollution.
(b) A suit under this section must originate in a superior or circuitcourt in the jurisdiction in which the pollution occurs or isthreatened.
As added by P.L.2-1993, SEC.24.
IC 16-41-24-3
Sale of unfit water prohibited
Sec. 3. A person, firm, or corporation may not offer for sale forpublic consumption any drinking water, bottled water, or mineralwater that shows a bacteriological or chemical content deleterious topublic health. The state department shall prohibit the furtherdistribution or consumption of the unfit water.
As added by P.L.2-1993, SEC.24.
IC 16-41-24-4
Analysis of potability and suitability
Sec. 4. At intervals designated by the state department, a personoffering for sale for public consumption any drinking water, bottledwater, or mineral water shall submit to the state department samplesof the drinking water, bottled water, or mineral water, natural ortreated, for analysis to determine the water's potability and suitabilityfor the purpose for which the water is intended.
As added by P.L.2-1993, SEC.24.
IC 16-41-24-5
Analysis costs
Sec. 5. For each sample of water analyzed and tested each year,the state department shall collect a fee of not more than ten dollars($10) to be paid into the state general fund.
As added by P.L.2-1993, SEC.24.
IC 16-41-24-6
Enforcement
Sec. 6. The state department shall enforce this chapter and thestatutes relating to pollution of waters and public water supply,except where jurisdiction is vested in the water pollution controlboard and the department of environmental management.
As added by P.L.2-1993, SEC.24.
IC 16-41-24-7
Sewage treatment plant assessments
Sec. 7. All municipalities may provide the means for paying thecost of constructing a plant for purifying the discharge of publicsewers and drains by assessing the cost of the plant against all of theseveral parcels of real property situated within the corporate limitsand make each assessment in an amount as great as but not greaterthan the value of the benefits received by each parcel respectively asthe result of the construction of the plant.
As added by P.L.2-1993, SEC.24.
IC 16-41-24-8
Assessments against real property
Sec. 8. Statutes for the construction of public sewers andassessing the cost of the sewers against real property in themunicipalities apply to the construction of sewage treatment plantsand the assessing of the cost of the plant against the real propertybenefited.
As added by P.L.2-1993, SEC.24.
IC 16-41-24-9
Payment of assessments by installment
Sec. 9. At the option of the owner assessed, the assessment maybe paid in ten (10) equal annual installments as in the case ofassessments for other sewers.
As added by P.L.2-1993, SEC.24.
IC 16-41-24-10
Water testing fees and costs
Sec. 10. (a) For testing a sample of water for a private person,firm, or corporation not offering drinking water, bottled water, ormineral water for sale for public consumption, the state departmentshall charge and collect a fee of not more than ten dollars ($10). Inaddition, the state department may charge a mailing and shippingcharge to defray the costs of mailing and shipping. (b) A fee and the mailing and shipping charges collected underthis section shall be deposited in a revolving fund to the credit of thestate department and used to defray the expenses.
(c) The state department may adopt rules under IC 4-22-2 to seta fee under this section. The fee must equal an amount necessary tocover the cost of the test.
As added by P.L.2-1993, SEC.24.
IC 16-41-24-11
Violations
Sec. 11. (a) Except as otherwise provided, a person whorecklessly violates or fails to comply with this chapter commits aClass B misdemeanor.
(b) Each day a violation continues constitutes a separate offense.
As added by P.L.2-1993, SEC.24.