2016 Indiana Code
TITLE 13. ENVIRONMENT
ARTICLE 18. WATER POLLUTION CONTROL
CHAPTER 16. PUBLIC WATER SUPPLIES
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<![CDATA[IC 13-18-16
Chapter 16. Public Water Supplies
IC 13-18-16-1
Submission of plans and specifications; issuance of permit;
determination
Sec. 1. (a) A permit is required for the construction, installation,
or modification of:
(1) sources;
(2) facilities;
(3) equipment; or
(4) devices;
of a public water system, including water distribution systems.
(b) Plans and specifications for the construction, installation, or
modification of sources, facilities, equipment, or devices of a public
water system must be submitted to the commissioner with a permit
application. The plans and specifications must be complete and of
sufficient detail to show all proposed construction, changes, or
modifications that may affect the sanitary quality, chemical quality,
or adequacy of the public water system involved. The applicant shall
supply any additional data or material considered appropriate by the
commissioner to a review of the plans and specifications.
(c) Unless otherwise provided in rules adopted under section 8(b)
of this chapter, plans and specifications must be submitted to the
commissioner with the permit application for water distribution
systems.
(d) Construction, installation, or modification of a public water
system may not begin until the commissioner has issued a permit
under subsection (a).
(e) In determining whether to issue a permit under this section, the
commissioner shall proceed under IC 13-15.
As added by P.L.1-1996, SEC.8. Amended by P.L.25-1997, SEC.10;
P.L.184-2002, SEC.14.
IC 13-18-16-2
Revocation or modification of permit
Sec. 2. The commissioner may initiate action under IC 13-15-7 to
revoke or modify a permit.
As added by P.L.1-1996, SEC.8.
IC 13-18-16-3
Civil penalty
Sec. 3. The commissioner may initiate action under IC 4-21.5-3
to assess a civil penalty against a permit holder who fails to take
action to correct or prevent contamination of the sanitary or chemical
quality of the water supply after the permit holder knew or should
have known that the action should be taken. The civil penalty
assessed under this section may not exceed one thousand dollars
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($1,000) for each day of violation.
As added by P.L.1-1996, SEC.8.
IC 13-18-16-4
Emergency repairs or proceedings
Sec. 4. This chapter does not preclude emergency repairs or
proceedings.
As added by P.L.1-1996, SEC.8.
IC 13-18-16-5
Approval of plans
Sec. 5. Plans and specifications submitted to the commissioner
under section 1 of this chapter shall be approved if it is determined
that the plans and specifications meet all of the following conditions:
(1) The plans and specifications are satisfactory with respect to
the following:
(A) Sanitary quality, including chlorination, if required.
(B) Chemical quality.
(C) Adequacy of the water supply.
(2) The plans and specifications meet the requirements of any
rules or standards adopted by the board under section 8 of this
chapter governing the location, design, construction, and
operation and maintenance of:
(A) public water system installations; and
(B) changes or additions to public water system installations.
As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.15.
IC 13-18-16-6
Operation and maintenance; duties; violations
Sec. 6. (a) All public water systems shall be continuously
operated and maintained so that water is:
(1) safe in quality;
(2) clean and adequate in quantity; and
(3) chemically satisfactory for ordinary domestic consumption.
(b) The person responsible for the operation of a public water
system shall take all measures that are necessary to carry out the
requirements of subsection (a) so as to protect the quality and
quantity of the raw water supply from actual or threatened
contamination. These measures include the relocation of the point of
raw water collection to a site that is not contaminated or threatened
by contamination.
(c) The person responsible for the operation of a public water
system that uses surface water as a source of drinking water shall
implement the surface water quality threat minimization and
response plan developed and maintained under section 7.5 of this
chapter immediately upon discovering:
(1) the contamination; or
(2) a threat of contamination;
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of the surface water used by the public water system as a source of
drinking water.
(d) The failure to carry out a duty set forth in subsection (a) or (b)
constitutes a violation subject to the penalties imposed under this
chapter. Each day a violation occurs under this section constitutes a
separate violation.
As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.16;
P.L.112-2015, SEC.11.
IC 13-18-16-7
Water samples and reports of operations
Sec. 7. A person responsible for the operation of public water
systems shall submit:
(1) samples of water for analysis; and
(2) reports of operation pertaining to the sanitary quality,
chemical quality, or adequacy of water supplied by those
systems;
that the commissioner requests. The operator certified under
IC 13-18-11 must verify under oath the reports of operation.
As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.17.
IC 13-18-16-7.5
Duties of operator of public water system that uses surface water
Sec. 7.5. (a) For purposes of this section, "responsible person"
means the person responsible for the operation of a public water
system that uses surface water as a source of drinking water.
(b) A responsible person shall do the following or ensure that the
following are done:
(1) Develop, maintain, and update a surface water quality threat
minimization and response plan for the public water system for
which the person is responsible. A plan developed under this
subdivision must include the following:
(A) An identification of critical drinking water intake
facilities, including specific locations of wells, intake
structures, and critical drinking water distribution
infrastructure.
(B) An identification of potential threats to raw water
quality.
(C) An assessment of the risks posed by potential threats
identified in clause (B).
(D) A communication, education, and risk minimization
plan.
(E) An incident response plan.
A plan described in this subdivision, as well as its component
parts, is confidential under IC 5-14-3-4(b)(19).
(2) With respect to a plan described in subdivision (1):
(A) Submit the plan to the department when the plan is
developed.
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(B) Submit an updated plan to the department every five (5)
years thereafter.
As added by P.L.112-2015, SEC.12.
IC 13-18-16-8
Rules
Sec. 8. (a) The board shall adopt rules under IC 4-22-2 and
IC 13-14-9 establishing requirements for public water systems,
including the following:
(1) The requirement to obtain a permit for the construction,
installation, or modification of facilities, equipment, or devices
for any public water system.
(2) The requirement to obtain a permit for the operation of
sources, facilities, equipment, or devices for any public water
system.
(3) Requirements for the development of surface water quality
threat minimization and response plans under section 7.5 of this
chapter.
(b) The board shall adopt a permit by rule for water main
extensions (as defined in 327 IAC 8-3-1) to satisfy the permit
requirement in section 1(a) of this chapter.
As added by P.L.1-1996, SEC.8. Amended by P.L.25-1997, SEC.11;
P.L.184-2002, SEC.18; P.L.112-2015, SEC.13.
IC 13-18-16-9
Agency to secure benefits of federal act
Sec. 9. Except as provided in IC 14-37, the department:
(1) is the state agency with responsibility concerning the federal
Safe Drinking Water Act (42 U.S.C. 300f through 300j) in
effect January 1, 1988; and
(2) may take any action necessary to secure the benefits of that
act for Indiana.
As added by P.L.1-1996, SEC.8.
IC 13-18-16-10
Continuing surveillance
Sec. 10. The department shall conduct a program of continuing
surveillance and inspection of public water systems and technical
assistance in connection with public water systems.
As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.19.
IC 13-18-16-11
Local government programs and facilities
Sec. 11. The department shall encourage and advise units of local
government in developing programs and facilities for public water
systems.
As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.20.
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IC 13-18-16-12
Permit required
Sec. 12. A person may not:
(1) install or contract for the construction of any public water
system facilities, including water purification or treatment
works; or
(2) make any material change in any public water system
facilities;
until a permit has been issued by the commissioner.
As added by P.L.1-1996, SEC.8. Amended by P.L.25-1997, SEC.12;
P.L.184-2002, SEC.21.
IC 13-18-16-13
Impure and dangerous water supply; investigation; orders
Sec. 13. (a) The commissioner may investigate and determine
whether any public water system is providing water that is impure
and dangerous to public health. If the commissioner determines that
the water supply:
(1) is impure and dangerous to public health; or
(2) is not sufficiently purified because of improper construction,
inadequate size, or inefficient management or operation;
the commissioner may under IC 13-30-3-10 through IC 13-30-3-12
order that the water supply be made pure and safe to health.
(b) If the commissioner determines under subsection (a) that a
water supply is impure and dangerous to public health because of
inefficient management or operation of the public water system
providing the water, the commissioner may order the person
responsible for the public water system to appoint, not later than
fifteen (15) days after the commissioner's determination, a competent
person to take charge of and superintend the operation of the water
system plant or works.
(c) The commissioner must approve the person appointed in
response to the commissioner's order under subsection (b). However,
the person responsible for the water system plant or works shall pay
the salary of the person appointed.
As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.22.
IC 13-18-16-14
Sewage treatment plants; inefficient supervision or operation;
orders to appoint superintendent
Sec. 14. (a) If a sewage treatment works or plant is not producing
a reasonably pure effluent because of inefficient supervision or
operation and has consequently:
(1) made any public water supply impure or dangerous to
health;
(2) polluted any waters; or
(3) created a public nuisance;
the commissioner may under IC 13-30-3-10 through IC 13-30-3-12
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order the person responsible for the sewage treatment works or plant
to appoint, not later than fifteen (15) days after the commissioner's
order, a competent person to take charge of and superintend the
operation of the sewage treatment works or plant.
(b) The commissioner must approve the person appointed in
response to the commissioner's order under subsection (a). However,
the person responsible for the sewage treatment works or plant shall
pay the salary of the person appointed.
As added by P.L.1-1996, SEC.8.
IC 13-18-16-15
Enforcement of chapter
Sec. 15. The commissioner may enforce this chapter under
IC 13-30-3.
As added by P.L.1-1996, SEC.8.
IC 13-18-16-16
Nonprofit water utility reconstituted as water authority by
resolution; status as political subdivision; existing obligations;
treatment as nonprofit; independent audits
Sec. 16. (a) A nonprofit water utility may adopt a resolution
approved by its board of directors under this section that
reconstitutes the nonprofit water utility as a water authority to be
named as provided in the resolution.
(b) A resolution adopted under this section must allow:
(1) the structure of the board of directors; and
(2) the rules governing the water authority;
to remain the same as those applicable to the nonprofit water utility.
(c) The water authority shall retain all its powers, privileges,
rights, and exemptions as a nonprofit water utility under:
(1) its existing bylaws and articles; and
(2) all laws applicable to nonprofit water utilities and local
water corporations, including powers granted under
IC 32-24-4-1.
(d) Except as provided in subsection (g), a water authority
constituted under this section is a political subdivision of the state.
(e) A copy of a resolution adopted under this section must be filed
with the secretary of state. When the secretary of state receives a
copy of a resolution under this subsection, the secretary of state shall
dissolve the corporate status of the nonprofit water utility for
purposes of state law.
(f) A water authority constituted under this section shall:
(1) remain obligated under any existing contracts or
agreements; and
(2) remain obligated and assume the indebtedness;
of the nonprofit water utility.
(g) Notwithstanding any other law and subject to subsections (h)
and (i), a water authority constituted under this section is subject
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only to the laws applicable to nonprofit water utilities and local water
corporations and is not subject to the following:
(1) IC 5-3.
(2) IC 5-4-1.
(3) IC 5-11.
(4) IC 5-13.
(5) IC 5-14-1.5.
(6) IC 5-14-3.
(7) IC 5-22.
(8) IC 36-1-8.
(9) IC 36-1-10.
(10) IC 36-1-10.5.
(11) IC 36-1-11.
(12) IC 36-1-12.
(13) IC 36-1-15.
(h) A water authority constituted under this section is subject to
IC 8-1.5-3-8 for purposes of setting rates and charges.
(i) For each fiscal or calendar year of a water authority constituted
under this section that ends after December 31, 2006, the water
authority:
(1) shall:
(A) have an audit of its financial records performed by an
independent certified public accounting firm; and
(B) keep the audit report on file at the water authority; and
(2) notwithstanding IC 5-11-1-9, is not subject to the following:
(A) Audit or examination by the state board of accounts.
(B) The examination guidelines and reporting requirements
of the state board of accounts.
As added by P.L.104-1998, SEC.3. Amended by P.L.220-1999,
SEC.3; P.L.2-2002, SEC.57; P.L.166-2006, SEC.1.
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