2018 Indiana Code
TITLE 36. Local Government
ARTICLE 9. TRANSPORTATION AND PUBLIC WORKS
CHAPTER 25. Sanitation Department in Certain Cities
36-9-25-13. Authorized actions; regulation of kinds or amounts of chemicals and strengths of waste and other substances detrimental to sewage works
Sec. 13. (a) The board, in the name of the municipality, may bring an action to recover damages for:
(1) the breach of an agreement, express or implied, relating to the construction, management, or repair of sewage works under its control, including real property; or
(2) injury to the personal or real property used in the sanitary disposal of sewage in a municipality located within the district.
(b) The board may recover possession of property, may bring an action for the specific performance of an agreement, and may use, in the name of the municipality, any legal or equitable remedy necessary to protect and enforce the rights and perform the duties of the department.
(c) The board may establish limits on the kinds or amounts of chemicals and the strength of the waste or other substances the board considers detrimental to the sewage works. If a person discharges sewage into the sewage works that exceeds limits set by the board, the board may order the person to cease using the sewage works upon a hearing with notice. However, if evidence indicates a public health hazard is being created, the board may summarily order the person to cease without notice or hearing. Orders of the board may be enforced by bringing an action to enjoin discharges into the sewer works in any court in the county having jurisdiction to hear equity actions. A person aggrieved by an order of the board is entitled to appeal the order to the circuit or superior court of the county in which the city is located. If an order is given without notice, an appeal must be perfected within ten (10) days after receipt of the order or the right to appeal is considered waived.
(d) The board of a department in a district described in section 3(b)(2) of this chapter may bring an action in the name of:
(1) a municipality in the district with the approval of the executive of the municipality; or
(2) the district, with the approval of the board.
[Pre-Local Government Recodification Citations: subsections (a), (b) formerly 19-2-14-6; subsection (c) formerly 19-2-20-12.5.]
As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.175-2006, SEC.25.
