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 be
deposited in the waters of Indiana a substance that meets any of the
following conditions:
(1) Is deleterious to the public health or to the prosecution of
any industry or lawful occupation in which the water may be
lawfully used.
(2) Adversely affects any agricultural, floricultural, or
horticultural pursuit.
(3) Lessens or impairs any livestock industry or the use of the
water for domestic animals.
(4) Lessens, impairs, or materially interferes with the use of the
water by the state or any political subdivision of the state.
(5) Destroys or jeopardizes any beneficial animal, fish, or
vegetable 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 with
damage because of pollution of water by any person may bring a suit
to abate the pollution or threatened pollution.
(b) A suit under this section must originate in a superior or circuit
court in the jurisdiction in which the pollution occurs or is
threatened.
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 for
public consumption any drinking water, bottled water, or mineral
water that shows a bacteriological or chemical content deleterious to
public health. The state department shall prohibit the further
distribution 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 person
offering for sale for public consumption any drinking water, bottled
water, or mineral water shall submit to the state department samples
of the drinking water, bottled water, or mineral water, natural or
treated, for analysis to determine the water's potability and suitability
for 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 the
statutes relating to pollution of waters and public water supply,
except where jurisdiction is vested in the water pollution control
board 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 the
cost of constructing a plant for purifying the discharge of public
sewers and drains by assessing the cost of the plant against all of the
several parcels of real property situated within the corporate limits
and make each assessment in an amount as great as but not greater
than the value of the benefits received by each parcel respectively as
the 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 and
assessing the cost of the sewers against real property in the
municipalities apply to the construction of sewage treatment plants
and the assessing of the cost of the plant against the real property
benefited.
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 may
be paid in ten (10) equal annual installments as in the case of
assessments 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, or
mineral water for sale for public consumption, the state department
shall charge and collect a fee of not more than ten dollars ($10). In
addition, the state department may charge a mailing and shipping
charge to defray the costs of mailing and shipping.
(b) A fee and the mailing and shipping charges collected under
this section shall be deposited in a revolving fund to the credit of the
state department and used to defray the expenses.
(c) The state department may adopt rules under IC 4-22-2 to set
a fee under this section. The fee must equal an amount necessary to
cover 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 who
recklessly violates or fails to comply with this chapter commits a
Class B misdemeanor.
(b) Each day a violation continues constitutes a separate offense.
As added by P.L.2-1993, SEC.24.