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In Indiana, the control of water pollution generally is delegated to the Water Pollution Control Board within the Indiana Department of Environmental Management. The Water Pollution Control Board is an independent board consisting of eleven members with qualified knowledge, experience or education. The Water Pollution Control Board "shall adopt rules for the control and prevention of pollution in waters of this state with any substance which is deleterious to the public health or to the prosecution of any industry or lawful occupation, or whereby any fish life or any beneficial animal or vegetable life may be destroyed or the growth or propagation thereof prevented or injuriously affected." (IC 13-1-3-4) The Board may adopt rules necessary to implement the Federal Water Pollution Control Act and the Federal Safe Drinking Water Act. Because water pollution control laws are "necessary for the public health, safety, and welfare, [they] shall be liberally construed to effectuate the purposes" of these laws. (IC 13-18-3-11)

Indiana Code 13-18-4-5 provides that a person may not "cause, permit or suffer to be... drained, allowed to seep, or otherwise disposed into any waters... any organic or inorganic matter that causes or contributes to a polluted condition of any waters" in violation of adopted water quality standards. Indiana also has various statutory provisions which prohibit the discharge of listed substances or materials into the water or onto areas which may affect water. This authority is not limited to point sources of pollution. Indiana Code 13-20-2-1 prohibits depositing contaminants on land that "creates or would create a pollution hazard that violates or would violate a rule" as well as depositing any "solid waste... in or immediately adjacent to a lake or stream."

The State permitting scheme covers only point sources; no permits are required for nonpoint source discharges of pollutants. (327 IAC 5-2-4(4)) However, IDEM has the general authority to "take appropriate steps to prevent pollution that is determined to be unreasonable and against public interests in view of the condition in any stream or other waters" of the State. (IC 13-18-4-4) In addition, in an administrative, licensing or other procedure, a "program, product, or conduct that: (1) has; or (2) is reasonably likely to have; the effect of impairing, polluting, or destroying the environment may not be authorized, approved, or permitted to continue if there is a feasible and prudent alternative consistent with the reasonable requirements of the public health, safety, and welfare." (IC 13-30-1-6)

The Water Pollution Control Board, which has relatively broad powers to address sources of and activities contributing to water pollution, has adopted a policy of nondegradation of water quality which is applicable to all surface waters and is not limited by pollutant source. This policy states that "existing beneficial uses shall be maintained and protected. No degradation of water quality shall be permitted which would interfere with or become injurious to existing and potential uses." (327 IAC 2-1.5-19) Several "waters of high quality" were designated and those waters must be maintained at the water quality existing in 1977 without degradation.

Indiana prohibits the drainage or placement of material into State waters that causes or contributes to a polluted condition such that "any fish life or any beneficial animal or vegetable life in any waters may be destroyed or propagation thereof prevented or injuriously affected." (IC 13-1-3-8) While this provision does cover nonpoint sources of pollution, it requires proof of harmful effects on living organisms in the allegedly affected waterbody. The Ditch Act provides for permitting by the IDNR of ditching and drain activities within one half mile of any lake greater than 10 acres in size. IDNR may not issue a permit if such activity will result in "unreasonably detrimental effects upon fish, wildlife, or botanical resources." (Ind. Code Ann. 14-26-5-1 et seq.) The Ditch Act is enforceable by injunction, notice of violation, civil penalty or petty criminal prosecution. Ind. Code Ann. 14-26-5-16, 14-26-5-17 and 14-10-2-6. In the absence of specific provisions protecting fish and wildlife, Federal and State endangered species acts may be applicable, though more limited, in controlling pollution sources.

Indiana is currently in the process of developing a source water protection plan to be funded under Section 1452 of the Safe Drinking Water Act. While public water systems using ground water must comply with the wellhead protection program, there are no comparable comprehensive source water assessment or protection programs for surface water systems (although many regulatory programs, including the NPDES permit program, CAFO regulations, and underground storage tank regulations all contribute to surface water protection). Indiana's source water assessment plan (SWAP) will identify and delineate source water areas (watersheds and delineated wellhead areas) for each public water system in the State. In the identified source water areas, the State will inventory the potential sources of contamination and a list of contaminants of concern, and assess water system susceptibility to contamination. The State recognizes that both point and nonpoint sources in the watershed and recharge areas for aquifers may release contaminants which can impact surface and ground water.

State public health laws may address specific instances or sources of nonpoint source pollution where public health is or may be adversely affected. Onsite sewage disposal systems (septic systems) are usually regulated by local building codes and health officials. In Indiana, standards for residential sewage disposal are promulgated by the Indiana State Department of Health by rule. (410 IAC 6-8.1) Rule 8.1 addresses residential sewage disposal systems and is administered by the local boards of health through their health officer. Section 8 defines a residential sewage disposal system failure as a health hazard. Section 31 states that "no person shall throw, run, drain, seep, or otherwise dispose into any of the surface waters or ground waters of this state, or cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into such waters, any organic or inorganic matter from a dwelling or residential sewage disposal system that would cause or contribute to a health hazard or water pollution." A person may be ordered to connect to a sewage treatment system or service if it is determined to be "in the interest of the health, safety, convenience, and welfare of the residents of an area." (IC 13-18-15-1) This rule is enforced through the issuance of an order from the local health officer stating the nature of the violation and setting a time limit to correct the violation.

Indiana has both common law and statutory nuisance provisions. Nuisance laws usually provide for the abatement of the conditions which are dangerous to public health or are otherwise noxious or offensive. Indiana has declared that whatever is "injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as essentially to interfere with the comfortable enjoyment of life or property" is a nuisance and may be subject to legal action. (IC 34-19-1-1) Successful nuisance actions in Indiana may result in the condition or activity causing the nuisance being enjoined or abated and the offender subject to payment of damages. (IC 34-19-1-3) In Indiana, as in many States, agricultural and industrial activities are not subject to public and private nuisance actions by virtue of any changed conditions in the vicinity if they have been operating for more than one year, they were not a nuisance when they began operations, and there was no significant change in their operations. This exemption does not apply if the nuisance is a result of negligent operations. (IC 34-19-1-4)

Indiana requires certification and licensing of all pesticide users "for hire" and no person may engage in the business of using a pesticide "on property of another for hire at any time." (IC 15-3-3.6-6) Any "competent person who is not a licensed applicator for hire may use a pesticide under the direct supervision of a licensed applicator." (IC 15-3-3.6-7) Indiana also requires that each "pesticide product that is produced, distributed, sold, displayed, or offered for sale within this state or delivered for transportation or transported... shall be registered in the Office of the State Chemist." (IC 15-3-3.5-5) Indiana Code sec. 15-3-3.5-10 provides for a list of "restricted use pesticides" and "pesticides for use by prescription only" for the entire State or for designated areas when characteristics of pesticide are such that restricted sale, distribution or use is "necessary to prevent undue hazards to persons, animals, wildlife, lands, or waters other than the intended pests." Indiana enforcement mechanisms for violations of State pesticide laws and regulations include registration and licensing actions, injunctions, orders and civil penalties. (IC 15-3-3.5-1 et seq. and IC 15-3-3.6-1 et seq.)

Many laws relating to floodplains are designed to qualify a community for participation in Federal flood insurance programs, often subject to State approval. In Indiana, it is unlawful to make any deposit or excavation in a floodway without a State permit from the IDNR Division of Water and such permit will be granted only if the activity will not result in "unreasonable hazard to the safety of lifeÉ [or] unreasonable detrimental effects upon fish, wildlife, or botanical resources." (IC 14-28-1-22) Permits are not required for a variety of activities, including agriculture, if they do not involve any structure, obstruction, deposit or excavation. (310 IAC 6-1-9) Enforcement is by injunction, criminal prosecution and civil penalty of up to $1,000 per day. (IC 14-28-1-31 through IC 14-28-1-36) In addition, deposits or excavations in a floodway which cause unreasonable hazards to the safety of life or unreasonable detrimental effects upon fish, wildlife, or botanical resources are considered to be a public nuisance, subject to appropriate State action to enjoin or abate the nuisance. (IC 14-28-1-21) The State of Indiana also directly prohibits depositing contaminants in, upon or within fifteen (15) feet of a lake or within a floodway, but the prohibition does not apply to persons applying or using chemicals in a normal manner for agricultural activities or to persons acting in compliance with a valid discharge permit from IDEM or IDNR. (IC 14-28-1-27)

The water pollution control laws are enforced pursuant to IC 13-30-3 or 13-14-2-6. Title 13 Article 30 covers enforcement and legal actions; Chapter 3 sets procedures for investigations of violations and administrative proceedings and orders. Upon determination that a violation has occurred, IDEM must provide notice to the alleged violator of the violation and shall offer to enter into an agreed order providing for corrective actions and a civil penalty, if appropriate. ( IC 13-30-3-3) If the alleged violator does not choose to enter into an agreed order, IDEM then issues a notice specifying the violations including an order requiring specific corrective actions and a civil penalty. (IC 13-30-3-4) Penalties include orders to cease and desist from the violation, monetary penalties, corrective actions, and/or revocation, conditioning or modification of a permit. (IC 13-30-3-11) Civil penalties are not to exceed $25,000 per day of any violation. (IC 13-30-4-1) Emergency orders pursuant to IC 13-14-10-1 impose an additional civil penalty not to exceed $500 per hour of violation. (IC 13-30-4-2) Indiana Code sec. 13-14-10-1 provides that the governor may issue an emergency order if contamination of air, water or land presents a "clear and present danger to the health and safety of persons in any area." The State may also file suit to "immediately restrain" and enjoin the discharge. (IC 13-14-10-2) Chapter 6 provides for criminal penalties for intentional, knowing or reckless violations of environmental management laws, water pollution control laws or rules and standards adopted by a board. (IC 13-30-6)

Title 13 Article 14 covers powers and duties of the Indiana Department of Environmental Management and its boards. Indiana Code sec. 13-14-2-6 permits legal actions by the Commissioner of the IDEM to enforce a final order, collect penalties or secure compliance with Title 13 or any standard or rule.

In addition to actions taken by IDEM or any of its boards, citizens, certain governmental entities and businesses or associations with offices in Indiana may also pursue legal actions for declaratory and equitable relief to enforce the State's pollution control laws. These parties may only maintain such an action after providing notice to the IDNR, IDEM and the attorney general. (IC 13-30-1-2) If one of the agencies provided notice proceeds diligently with an administrative or civil action, then the individual or entity providing notice may not proceed with an independent legal action. (IC 13-30-1-3)