§ 13-18-8-6 — Municipal pollution control works; governing law

Indiana § 13-18-8-6

• Jurisdiction: Indiana
• Art. 18: WATER POLLUTION CONTROL
• Ch. 8: Compliance With Orders

Text

(a) Subject to subsection (b):
(1) the construction, acquisition, improvement, equipment,
custody, operation, repair, and maintenance of a plant, machinery,
or works by a municipal corporation in compliance with a final
order of the commissioner, other than the financing; and
(2) the rights, powers, and duties of the municipal corporation and
the respective officers and departments of the municipal
corporation, whether the plant, machinery, or works is financed
by the issuance of revenue or direct obligation bonds;
is governed by IC 36-9-23 to the extent that the provisions of IC 36-9-23 are applicable and do not conflict with any of the express
provisions of the water pollution control laws.
(b) IC 36-9-23-12 does not apply to the construction, acquisition,
equipping, improvement, repair, or maintenance of a plant, machinery,
or works by any municipal corporation in compliance with a final order
issued under the water pollution control laws or IC 13-1-3 before its
repeal, and the objections or submission to the qualified voters of the
municipal corporation:
(1) may not be authorized; and
(2) if objections are made, do not operate to justify or excuse
failure to comply with the final order.
(c) IC 36-9-23 may not be construed to allow the municipal
corporation or any of the officers of the municipal corporation
discretion in the manner of complying with the order since complying
with the order is mandatory.
[Pre-1996 Recodification Citation: 13-1-3-13.]

Legislative History

As added by P.L.1-1996, SEC.8.