IC 13-18-4
Chapter 4. Restrictions on Pollution of Water
IC 13-18-4-1
Water qualities and properties indicating pollution
Sec. 1. The board may adopt rules under IC 4-22-2 to determine
what qualities and properties of water indicate a polluted condition
of the water in any of the streams or waters of Indiana:
(1) that is deleterious to:
(A) the public health; or
(B) the prosecution of any industry or lawful occupation for
which or in which any waters may be lawfully used or
employed;
(2) by which any agricultural, floricultural, or horticultural
pursuit may be or is injuriously affected;
(3) by which the lawful conduct of any livestock industry or the
use of any waters for domestic animals may be prevented,
injuriously affected, or impaired;
(4) by which any lawful use of any waters by the state or by any
person may be lessened or impaired or materially interfered
with; or
(5) by which:
(A) any fish life or any beneficial animal or vegetable life in
the waters may be destroyed; or
(B) the growth or propagation of fish life or beneficial
animal or vegetable life in the water is prevented or
injuriously affected.
As added by P.L.1-1996, SEC.8.
IC 13-18-4-2
Filing of rules and determinations
Sec. 2. A rule or determination made by the board or the
commissioner under sections 1 through 4 of this chapter shall be
filed of record in the office of the department.
As added by P.L.1-1996, SEC.8.
IC 13-18-4-3
Rules restricting polluting content discharged into streams
Sec. 3. The board may adopt rules restricting the polluting content
of any waste material and polluting substances discharged or sought
to be discharged into any of the streams or waters of Indiana.
As added by P.L.1-1996, SEC.8.
IC 13-18-4-4
Prevention of unreasonable pollution and against public interest
Sec. 4. The commissioner may take appropriate steps to prevent
any pollution that is determined to be unreasonable and against
public interests in view of the condition in any stream or other waters
of Indiana.
As added by P.L.1-1996, SEC.8.
IC 13-18-4-5
Unlawful discharge of deleterious substances; land application of
fertilizer
Sec. 5. (a) Except as provided in subsection (b), a person may not:
(1) throw, run, drain, or otherwise dispose; or
(2) cause, permit, or suffer to be thrown, run, drained, allowed
to seep, or otherwise disposed;
into any of the streams or waters of Indiana any organic or inorganic
matter that causes or contributes to a polluted condition of any of the
streams or waters of Indiana, as determined by a rule of the board
adopted under sections 1 and 3 of this chapter.
(b) Subsection (a) does not apply to organic or inorganic matter
that consists of fertilizer material contained in:
(1) runoff from a storm event; or
(2) irrigation return flow;
entering the waters of Indiana as a result of land application of
fertilizer material in compliance with rules adopted by the state
chemist under IC 15-16-2-44.
(c) The department shall request documentation of compliance
with subsection (b) before a notice of violation can be issued.
(d) A person has thirty (30) days to submit documentation after
receiving a request under subsection (c).
(e) The department may issue a notice of violation for failure to
comply with subsection (d). No notice of violation can be issued if
the department determines that a person complied with subsection
(b).
(f) Before the rules for land application of fertilizer materials
adopted under IC 15-16-2-44 by the state chemist take effect, a
person may meet the requirements under subsection (b) if the person
maintains documentation of compliance with:
(1) the conditions for land application of manure requirements
under IC 13-18-10; or
(2) the National Resources Conservation Services land
application standards.
(g) Subsection (b) does not affect liability for killing wild animals
under IC 14-22-10-6.
As added by P.L.1-1996, SEC.8. Amended by P.L.189-2011, SEC.11.
IC 13-18-4-6
Notice of violation; service; contents
Sec. 6. (a) Whenever the commissioner determines that a person:
(1) is violating; or
(2) is about to violate;
section 5 of this chapter, the department shall serve notice on the
person by certified mail of the commissioner's determination.
(b) The commissioner shall include in the notice an order against
the person to:
(1) cease the violation; and
(2) abate the condition of pollution;
fixing in the order a reasonable time within which the correction and
abatement must take place.
(c) Proceedings concerning an order issued under this section are
governed by IC 4-21.5.
As added by P.L.1-1996, SEC.8.
IC 13-18-4-7
Mixing zones
Sec. 7. (a) Notwithstanding any rules of the board, the
commissioner shall allow for a mixing zone in permits that involve
a discharge into Lake Michigan if the applicant can demonstrate to
the commissioner that the mixing zone will not cause harm to human
health or aquatic life.
(b) For mixing zones allowed under subsection (a), surface water
quality standards for bioaccumulative chemicals of concern shall be
applied to the undiluted discharge, rather than at a point outside the
mixing zone.
As added by P.L.1-1996, SEC.8.
IC 13-18-4-8
Discharge induced mixing permits
Sec. 8. In issuing permits authorizing discharge induced mixing,
the commissioner shall allow for mixing initiated by the use of:
(1) submerged, high rate diffuser outfall structures; or
(2) the functional equivalent of submerged, high rate diffuser
outfall structures;
that provide turbulent initial mixing and minimize organism exposure
times.
As added by P.L.1-1996, SEC.8.
