§ 13-18-2-1 — Powers; cooperation with federal agencies; federal funds; approval of projects; participation in proceedings; administration of permitting programs

Indiana § 13-18-2-1

• Jurisdiction: Indiana
• Art. 18: WATER POLLUTION CONTROL
• Ch. 2: Water Pollution Agency Under Federal Law

Text

(a) In carrying out the purposes of IC 13-13-5-1(1), the department may, in addition to any other action that
is necessary or appropriate to carry out the purpose of IC 13-13-5-1(1),
do the following:
(1) Cooperate with the United States Surgeon General and other
agencies of the federal government, other states, interstate
agencies, and other interested parties in all matters relating to
water pollution, including the development of programs for
eliminating or reducing pollution and improving the sanitary
condition of waters.
(2) On behalf of Indiana, apply for and receive money made
available to the department under the Federal Water Pollution
Control Act by any agency of the federal government. However,
all money received from any federal agency:
(A) shall be paid into the state treasury; and
(B) shall be expended, under the direction of the department,
solely for the purpose for which the grant has been made.
(3) Approve projects for which application for loans or grants
under the Federal Water Pollution Control Act is made by:
(A) any political subdivision or other public body created by or
under Indiana law and having jurisdiction over disposal of
sewage, industrial wastes, or other wastes;
(B) a state agency; or
(C) an interstate agency.
(4) Participate through the department's authorized
representatives in proceedings under the Federal Water Pollution
Control Act.
(5) Give consent on behalf of Indiana to requests by the
Administrator of the Federal Security Agency to the Attorney
General of the United States for the bringing of suit for abatement
of pollution.
(6) Consent to the joinder as a defendant in a suit for the
abatement of pollution of a person who is alleged to be
discharging matter contributing to the pollution.
(7) Except for a Class II well (as defined in IC 14-8-2-41)
regulated under IC 14:
(A) develop a regulatory program for implementation of; and
(B) seek authority to implement;
the Underground Injection Control program under the federal
Safe Drinking Water Act (42 U.S.C. 300f through 300j).
(8) Subject to subsection (b), enter into an agreement with the
United States Army Corps of Engineers and the United States
Environmental Protection Agency to administer a permitting
program under Section 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.).
(b) Administration of a permitting program by the department under
an agreement entered into under subsection (a)(8) does not affect the
authority of the department of natural resources to regulate activities
within the waterways of Indiana under IC 14-26, IC 14-28, or IC 14-29.
[Pre-1996 Recodification Citation: 13-1-4-3.]

Legislative History

As added by P.L.1-1996, SEC.8. Amended by P.L.159-2011, SEC.22.