Indiana § 14-25-17-13 - Authorization to adopt rules

§ 14-25-17-13. Authorization to adopt rules

Sec. 13. The department may adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.99-2025, SEC.4.

IC 14-25.5ARTICLE 25.5. ENFORCEMENT ACTIONS BY THE DIVISION OF WATER

Ch. 1.Applicability and Definitions Ch. 2.Enforcement Ch. 3.Water Environmental Fund Ch. 4.Penalties

IC 14-25.5-1Chapter 1. Applicability and Definitions

14-25.5-1-1Applicability 14-25.5-1-1.5"Affidavit" 14-25.5-1-2"Division" 14-25.5-1-3"Fund"

IC 14-25.5-1-1Applicability Sec. 1. This article applies to actions to enforce the following articles:

(1) IC 14-26.

(2) IC 14-27.

(3) IC 14-28.

(4) IC 14-29.

As added by P.L.145-2002, SEC.3.

IC 14-25.5-1-1.5"Affidavit" Sec. 1.5. As used in this article, "affidavit" means a written document that:

(1) is executed under oath or affirmation by an officer or employee of the department; and

(2) states that a violation or deficiency that is the subject of an enforcement action under this article exists on a particular property.

As added by P.L.191-2023, SEC.4.

IC 14-25.5-1-2"Division" Sec. 2. As used in this article, "division" refers to the division of water of the department.

As added by P.L.145-2002, SEC.3.

IC 14-25.5-1-3"Fund" Sec. 3. As used in this article, "fund" means the water environmental fund established by IC 14-25.5-3-1.

As added by P.L.145-2002, SEC.3.

IC 14-25.5-2Chapter 2. Enforcement

14-25.5-2-1Inspection to determine violation 14-25.5-2-2Notice of violation 14-25.5-2-3Notice of violation; contents 14-25.5-2-4Applicability of adjudicative proceedings to notice of violation 14-25.5-2-5Notice of violation effective without proceeding; request for administrative adjudication 14-25.5-2-6Failure to mitigate violation; penalties; permit revocation 14-25.5-2-7Notice of violation; high hazard structures

IC 14-25.5-2-1Inspection to determine violation Sec. 1. A division inspector or a person authorized by the department may at any reasonable time enter upon public or private property to determine if there is a violation of:

(1) an article listed in IC 14-25.5-1-1; or

(2) a rule adopted under an article listed in IC 14-25.5-1-1.

As added by P.L.145-2002, SEC.3.

IC 14-25.5-2-2Notice of violation Sec. 2. The department may issue a written notice of violation if a person violates:

(1) an article listed in IC 14-25.5-1-1; or

(2) a rule adopted under an article listed in IC 14-25.5-1-1.

As added by P.L.145-2002, SEC.3.

IC 14-25.5-2-3Notice of violation; contents Sec. 3. A notice of violation issued under this chapter must include the following:

(1) The nature of the violation.

(2) The action that is appropriate to mitigate the violation.

(3) The date by which the violation must be mitigated.

(4) The procedure to obtain an administrative adjudication under IC 4-21.5 if a person is aggrieved by the issuance of the notice of violation.

As added by P.L.145-2002, SEC.3. Amended by P.L.92-2025, SEC.40.

IC 14-25.5-2-4Applicability of adjudicative proceedings to notice of violation Sec. 4. A notice of violation issued under this chapter is governed by IC 4-21.5-3-6.

As added by P.L.145-2002, SEC.3.

IC 14-25.5-2-5Notice of violation effective without proceeding; request for administrative adjudication Sec. 5. A notice of violation issued under this chapter becomes effective without a proceeding under IC 4-21.5-3 unless a person requests an administrative adjudication under IC 4-21.5-3-6 within thirty (30) days after receipt of the notice.

As added by P.L.145-2002, SEC.3. Amended by P.L.92-2025, SEC.41.

IC 14-25.5-2-6Failure to mitigate violation; penalties; permit revocation Sec. 6. A person who fails to mitigate a violation within the time set forth in a notice of violation is liable for:

(1) a civil penalty;

(2) permit revocation; or

(3) the sanctions under both subdivisions (1) and (2);

under IC 14-25.5-4.

As added by P.L.145-2002, SEC.3.

IC 14-25.5-2-7Notice of violation; high hazard structures Sec. 7. (a) Subsection (b) applies if a person was issued a notice of violation under IC 14-27-7.5-11 for a structure that is classified by the department as a high hazard structure under the hazard classification system in IC 14-27-7.5-8(b)(1) and:

(1) the person:

(A) has exhausted all available administrative remedies under IC 4-21.5 relating to the violation; and

(B) did not initiate judicial review of the department's enforcement action under IC 4-21.5-5 within the period allowed by IC 4-21.5-5-5;

(2) the person has initiated judicial review of the department's enforcement action under IC 4-21.5-5 but the court did not set aside the enforcement action; or

(3) the person has entered into a settlement agreement with the department concerning the violation.

(b) The division may file an affidavit for recording in the county recorder's office of the county in which the property on which the violation or deficiency referred to in the notice of violation exists. When filing an affidavit for recording under this section, the division shall pay to the county recorder the fee charged for the recording of a document in the deed records of the county.

(c) An affidavit filed under this section must:

(1) include a sworn statement that a violation or deficiency exists on the property that is the subject of the notice of violation;

(2) be recorded by the county recorder in the deed records of the county in accordance with IC 36-2-7-10 and IC 36-2-11-16.5;

(3) be designed and worded so as to provide notice to the public, including any contractor or other person that intends to perform construction work on the property on which the violation or deficiency referred to in the notice of violation exists; and

(4) include:

(A) the full legal description of the property; and

(B) the most current name of the owner of the property as shown in the records of the auditor of the county where the property is located.

(d) When the violation or deficiency referred to in the notice of violation is resolved, the department shall file a release of the affidavit with the county recorder to remove the affidavit from the deed records of the county. The release filed under this subsection must:

(1) include a reference to the affidavit; and

(2) meet the recording requirements specified in IC 36-2-11-15 through IC 36-2-11-16.5.

The department shall pay to the county recorder the fee charged for recording the release.

(e) The presence of an affidavit recorded under this section in the deed records of the county in which the property referred to in the affidavit is located does not:

(1) constitute a judgment lien against the property;

(2) invalidate the conveyance, purchase, lease, or acquisition of the property; or

(3) deprive the holder of title to the property of marketable record title (as defined in IC 32-20-2-2) for the purposes of IC 32-20.

As added by P.L.191-2023, SEC.5. Amended by P.L.92-2025, SEC.42.

IC 14-25.5-3Chapter 3. Water Environmental Fund

14-25.5-3-1Fund established; administration by department 14-25.5-3-2Sources of money in fund 14-25.5-3-3Limited reversion to the state general fund; investment 14-25.5-3-4Appropriations from fund; purposes; expenditures without prior approval 14-25.5-3-5Expenditure from fund not releasing responsible party

IC 14-25.5-3-1Fund established; administration by department Sec. 1. The water environmental fund is established. The department shall administer the fund.

As added by P.L.145-2002, SEC.3.

IC 14-25.5-3-2Sources of money in fund Sec. 2. The fund consists of the following:

(1) Accrued interest and other investment earnings of the fund.

(2) Civil penalties collected for the violation of a statute in an article described in IC 14-25.5-1-1.

(3) Gifts, grants, donations, or appropriations from any source.

As added by P.L.145-2002, SEC.3. Amended by P.L.195-2014, SEC.27.

IC 14-25.5-3-3Limited reversion to the state general fund; investment Sec. 3. (a) Except as provided in subsection (d), money in the fund does not revert to the state general fund at the end of a fiscal year.

(b) The total amount in the fund may not exceed one million dollars ($1,000,000). Any money in the fund that exceeds one million dollars ($1,000,000) reverts to the land and water resources fund established by IC 14-25-10-2.

(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.

(d) If the fund is abolished, all money in the fund reverts to the state general fund.

As added by P.L.145-2002, SEC.3.

IC 14-25.5-3-4Appropriations from fund; purposes; expenditures without prior approval Sec. 4. (a) Money paid into the fund may be appropriated for the following purposes:

(1) To cover the costs of mitigating a violation of an article to which this article applies or rules adopted under an article to which this article applies.

(2) To cover the costs of:

(A) mitigating environmental damage;

(B) protecting the public from harm;

(C) public awareness activities; or

(D) litigation expenses directly related to the enforcement process, including the cost of transcripts, depositions, and expert witnesses;

caused by a violation of an article to which this article applies or a violation of rules adopted under an article to which this article applies.

(b) The division director may make expenditures from the fund for purposes described in subsection (a) without the prior approval of the budget agency or the governor. An expenditure under this subsection may not exceed fifty thousand dollars ($50,000).

As added by P.L.145-2002, SEC.3. Amended by P.L.195-2017, SEC.40.

IC 14-25.5-3-5Expenditure from fund not releasing responsible party Sec. 5. (a) An expenditure made from the fund under this chapter does not release a responsible person from liability.

(b) The department may seek from a responsible person reimbursement for expenses incurred under this chapter.

As added by P.L.145-2002, SEC.3.

IC 14-25.5-4Chapter 4. Penalties

14-25.5-4-1Revocation of permit; causes 14-25.5-4-2Revoked permit; mitigation of violation 14-25.5-4-3Civil penalties 14-25.5-4-4Applicability of administrative adjudication to civil penalties 14-25.5-4-5Actions by attorney general 14-25.5-4-6Repealed

IC 14-25.5-4-1Revocation of permit; causes Sec. 1. The department may revoke a permit issued under an article to which this article applies if the department finds any of the following:

(1) The permit was issued through fraud or misrepresentation.

(2) The person to whom the permit was issued has violated an article to which this article applies or has violated a rule adopted under an article to which this article applies.

(3) The information or conditions upon which a permit was issued have substantially changed since the permit was issued.

(4) The person to whom the permit was issued has received a notice of violation under this article and has failed to do at least one (1) of the following:

(A) Mitigate the violation within the time limit set forth within the notice.

(B) Secure from the division in writing an extension of time within which to mitigate the violation before the expiration of the time established for mitigation.

(C) Request a proceeding under IC 4-21.5-3-6 within:

(i) thirty (30) days after receipt of the notice; or

(ii) the time provided by the division for mitigation;

whichever is longer.

As added by P.L.145-2002, SEC.3.

IC 14-25.5-4-2Revoked permit; mitigation of violation Sec. 2. (a) If a permit is revoked under this chapter, the department may do either or both of the following:

(1) Order the person to mitigate the violation.

(2) Mitigate the violation.

(b) The revocation of a permit under this chapter does not relieve the person to whom the permit relates of the responsibilities imposed by this article.

(c) If the department elects to mitigate under subsection (a)(2), the person to whom the permit relates remains liable for the costs of mitigating the violation.

As added by P.L.145-2002, SEC.3.

IC 14-25.5-4-3Civil penalties Sec. 3. (a) If the department has authority to assess a civil penalty for the violation of a statute in an article described in IC 14-25.5-1-1, the department also has authority to assess a civil penalty for the violation of a rule adopted in connection with that statute.

(b) Each day during which a violation continues may be considered a separate violation for purposes of assessing a civil penalty.

(c) The department may bring a civil action under section 5 of this chapter to recover a civil penalty described in this section and to enjoin a person from continuing a violation.

As added by P.L.145-2002, SEC.3. Amended by P.L.195-2014, SEC.28.

IC 14-25.5-4-4Applicability of administrative adjudication to civil penalties Sec. 4. (a) A civil penalty assessed for a violation described in section 3 of this chapter is subject to IC 4-21.5-3-6 and becomes effective without a proceeding under IC 4-21.5-3 unless a person requests an administrative adjudication under IC 4-21.5 not later than thirty (30) days after receipt of the notice of assessment.

(b) A civil penalty that is assessed for a violation described in section 3 of this chapter shall be deposited in the fund.

As added by P.L.145-2002, SEC.3. Amended by P.L.195-2014, SEC.29; P.L.92-2025, SEC.43.

IC 14-25.5-4-5Actions by attorney general Sec. 5. The division director may request the attorney general to institute an action in an appropriate court for the following:

(1) The recovery of civil penalties owed for a violation described in section 3 of this chapter.

(2) To restrain a person from commencing to violate or continuing to violate any of the following:

(A) An article to which this article applies or a rule adopted under an article to which this article applies.

(B) An order of the department.

As added by P.L.145-2002, SEC.3. Amended by P.L.195-2014, SEC.30.

IC 14-25.5-4-6RepealedAs added by P.L.145-2002, SEC.3. Amended by P.L.71-2004, SEC.3. Repealed by P.L.195-2014, SEC.31.

IC 14-26ARTICLE 26. LAKES AND RESERVOIRS

Ch. 1.Reservoirs; Land Acquisition and Creation Ch. 2.Lake Preservation Ch. 2.1.Ownership of Lake Michigan in Public Trust Ch. 3.Lakes, Rivers, and Streams Preservation Suits; Parties Ch. 4.Lakes; Average Normal Water Level Ch. 5.Lowering of Ten Acre Lakes Ch. 6.Lowering of Twenty Acre Lakes Ch. 7.Lakes; Restrictions on Ditches and Drains Ch. 8.Lakes; Changes in Levels

IC 14-26-1Chapter 1. Reservoirs; Land Acquisition and Creation

14-26-1-1Legislative findings regarding need for reservoir sites 14-26-1-2Legislative findings regarding regulation of flow of rivers and waters 14-26-1-3Public purpose 14-26-1-4Purchase or condemnation of land by commission 14-26-1-5Purchase or condemnation of land on behalf of public entity with right or duty to supply or store water 14-26-1-6Statement regarding condemnation of property; valuation 14-26-1-7Cost of easement or interest in land 14-26-1-8Rights of owners from whom easements or remainder interests taken 14-26-1-9Approval of complaint for condemnation 14-26-1-10Source of money for commission 14-26-1-11Cooperation with federal government not authorized 14-26-1-12Cooperation with federal government authorized