OCR Text |
Show INDIANA 293 all interested parties, and hold a hearing for the submission of factual information. The Commission may make a survey of the water supply involved, but any recommended settlement by the Com- mission is not binding on the parties and does not prevent them from seeking a resolution of the disputes in court. 2.3 Other Agencies Having Water Resource Responsibilities A. WATER QUALITY CONTROL Water quality control is the responsibility of the Stream Pollution Control Board,8 which is made up of seven members, including the Secretary of the Board of Health, the Director of the Department of Conservation, the Lieutenant-Governor of the State, and four members appointed by the Governor.9 This Board is to determine what qualities and properties of water indicate a polluted condition for any of the streams or other waters of the State.10 The act provides that it is unlawful for any munici- pality, corporation, or person to discharge or allow to enter the waters of the State any refuse or matter which causes or contributes to water pollution.11 Whenever the Board believes that water pollution exists, it may serve notice on the alleged offender and order him to abate the con- dition causing the pollution within the time specified in the order.12 A hearing may be requested by the person making the discharge within fifteen days after notice of the violation. The Board is required to hold a hearing if one is requested and after considering all the evidence submitted at the hearing, it may revoke, modify, or affirm its original order.13 If the offender does not comply with an order of the Board within 60 days, the Board may bring an action for the enforcement of the order. The court hears the matter de novo, and may affirm, modify, or set aside such order. Either party to the action may appeal the judgment to the Indiana Supreme Court within 30 days after judgment.14 If the offender fails to begin appropriate action to comply with a court order within 30 days after it becomes final, the act specifies he is subject to criminal sanctions.15 If the offender fails to comply with the order within the time provided in the order or within an exten- sion of time if one is granted by the Board, then the offender may be subjected to a penalty of $100 for each day the order is not complied with.16 A municipality, corporation, or person must acquire approval of the Board before it increases the quantity or strength of any dis- charge of contaminants into the waters of the State, or before it 8 Sec. 68-520. 9 Sec. 68-518. w Sec. 68-523. 11 Sec 68-524. 13 Sec. 68-525. m Sec. 68-525. " Sec. 68-527. 15 Sec. 68-530. 18 Sec. 68-531. |