Indiana § 16-41-20-13 - Violations

§ 16-41-20-13. Violations

Sec. 13. (a) Except as otherwise provided, a person who recklessly violates or fails to comply with this chapter commits a Class B misdemeanor.

(b) Each day a violation continues constitutes a separate offense.

[Pre-1993 Recodification Citation: 16-1-35-1.]

As added by P.L.2-1993, SEC.24.

IC 16-41-21Chapter 21. Repealed[Pre-1993 Recodification Citations:

16-41-21-1formerly 16-1-24-1 part16-41-21-2formerly 16-1-24-1 part16-41-21-3formerly 16-1-24-1 part16-41-21-4formerly 16-1-24-1 part16-41-21-5formerly 16-1-24-1.516-41-21-6formerly 16-1-24-216-41-21-7formerly 16-1-24-316-41-21-8formerly 16-1-24-416-41-21-9formerly 16-1-24-516-41-21-10formerly 16-1-24-616-41-21-11formerly 16-1-24-716-41-21-12formerly 16-1-24-816-41-21-13formerly 16-1-24-916-41-21-14formerly 16-1-24-1016-41-21-15formerly 16-1-24-1116-41-21-16formerly 16-1-24-1216-41-21-17formerly 16-1-24-1316-41-21-18formerly 16-1-24-1516-41-21-19formerly 16-1-35-1.]Repealed by P.L.86-2015, SEC.1.

IC 16-41-21.1Chapter 21.1. Water in School Buildings

16-41-21.1-1"School building" 16-41-21.1-2Potable water supply required for school buildings 16-41-21.1-3Testing of drinking water for lead

IC 16-41-21.1-1"School building" Sec. 1. As used in this chapter, "school building" means any building used by a public school (as defined in IC 20-18-2-15), including a charter school (as defined in IC 20-18-2-2.5), for the classroom instruction of students in any grade from kindergarten through grade 12.

As added by P.L.127-2016, SEC.2.

IC 16-41-21.1-2Potable water supply required for school buildings Sec. 2. Every school building shall be supplied with safe, potable water from a public water system approved by the commissioner of the department of environmental management in accordance with IC 13-18-16.

As added by P.L.127-2016, SEC.2.

IC 16-41-21.1-3Testing of drinking water for lead Sec. 3. (a) Except as provided in subsection (b), each person or entity having authority over a school building shall test the drinking water in the school building before January 1, 2023, to determine whether the drinking water equals or exceeds the action level for lead of fifteen (15) parts per billion, or fifteen one thousandths (0.015) milligram of lead per liter of water, established by 40 CFR 141.80 as in effect on January 1, 2020.

(b) A person or entity having authority over a school building that is subject to testing under subsection (a) satisfies the requirement of subsection (a) with respect to a school building if the drinking water in the school building:

(1) was tested during the lead sampling program for school buildings conducted by the Indiana finance authority in 2017 and 2018;

(2) is tested in the lead sampling program for school buildings and child care facilities conducted by the Indiana finance authority in 2019 and 2020; or

(3) has otherwise been tested for compliance with the standards set forth in subsection (a) at least once since 2016.

(c) After calendar year 2022, the drinking water in every school building located in Lake County shall be tested at least one (1) time in each period of two (2) calendar years to determine whether the drinking water equals or exceeds the action level for lead of fifteen (15) parts per billion, or fifteen one thousandths (0.015) milligram of lead per liter of water.

(d) If any testing of drinking water conducted under this section indicates that the presence of lead in the drinking water is equal to or greater than the lead action level of fifteen (15) parts per billion established by 40 CFR 141, Subpart I, as in effect on January 1, 2020, the person or entity having authority over the school building from which the water was taken for testing shall take action to reduce the lead levels in the drinking water to less than fifteen (15) parts per billion.

(e) Each person or entity having authority over a school building that is subject to testing under this section shall seek any state and federal grant money available for lead sampling or testing, including any money available under the lead sampling program for school buildings and child care facilities conducted by the Indiana finance authority.

As added by P.L.122-2020, SEC.1.

IC 16-41-21.2Chapter 21.2. Water in Child Care Facilities and Preschools

16-41-21.2-1"Action level for lead" 16-41-21.2-2"Child care facility" 16-41-21.2-3"Preschool" 16-41-21.2-4Testing of child care facility or preschool drinking water for lead; action to reduce concentration

IC 16-41-21.2-1"Action level for lead" Sec. 1. As used in this chapter, "action level for lead" means the concentration of lead in water of fifteen (15) parts per billion, or fifteen-thousandths (0.015) milligram of lead per liter of water.

As added by P.L.125-2023, SEC.2.

IC 16-41-21.2-2"Child care facility" Sec. 2. As used in this chapter, "child care facility" means any of the following:

(1) A child care center (as defined in IC 12-7-2.1-55).

(2) A child care home (as defined in IC 12-7-2.1-57).

As added by P.L.125-2023, SEC.2. Amended by P.L.145-2026, SEC.111.

IC 16-41-21.2-3"Preschool" Sec. 3. As used in this chapter, "preschool" has the meaning set forth in IC 12-7-2.1-258.

As added by P.L.125-2023, SEC.2. Amended by P.L.145-2026, SEC.112.

IC 16-41-21.2-4Testing of child care facility or preschool drinking water for lead; action to reduce concentration Sec. 4. (a) Except as provided in subsection (c), the owner or operator having authority over a child care facility or preschool shall test the drinking water in the child care facility or preschool before January 1, 2026, to determine whether lead is present in the drinking water in a concentration that equals or exceeds the action level for lead.

(b) Drinking water testing required by this section must be performed in accordance with the lead sampling program for school buildings and child care facilities conducted by the Indiana finance authority.

(c) If the drinking water in a child care facility or preschool has been tested through a lead sampling program conducted by the Indiana finance authority, the owner or operator having authority over the child care facility or preschool is not required to test the drinking water in the child care facility or preschool before January 1, 2026, under subsection (a).

(d) If the testing of the drinking water in a child care facility or preschool under this section indicates that the presence of lead in the drinking water equals or exceeds the action level for lead, the owner or operator having authority over the child care facility or preschool shall take action to reduce the concentration of lead in the drinking water to a level below the action level for lead by:

(1) eliminating the source of the lead in the drinking water; or

(2) installing a water filtration system that will reduce the level of lead in the drinking water to a level below the action level for lead.

(e) A water filtration system installed under subsection (d)(2) must meet the following conditions, as applicable:

(1) If the system is a point-of-use water filtration system, it must be certified by a certifying body accredited by a signatory to the International Accreditation Forum Multilateral Recognition Arrangement (IAFMRA), such as the American National Accreditation Board (ANAB), for drinking water treatment units for lead reduction.

(2) If the system is a water treatment system on a drinking water outlet, it must be third party certified:

(A) under NSF/ANSI 53 for lead reduction;

(B) under NSF/ANSI 42 for particulate reduction (Class 1); or

(C) under NSF/ANSI 58 for lead reduction.

(f) If the owner or operator of a child care facility or preschool installs a water filtration system under subsection (d)(2), the owner or operator shall:

(1) follow the manufacturer's instructions for the installation, use, and maintenance of the water filtration system; and

(2) create and follow a maintenance schedule that identifies the person responsible for the installation and maintenance of the water filtration system.

(g) The environmental rules board shall, under IC 4-22-2 and IC 13-14-9, adopt rules concerning the action level for lead. Rules adopted by the environmental rules board shall conform with the forthcoming Lead and Copper Rule Improvements (LCRI) being promulgated by the United States Environmental Protection Agency.

As added by P.L.125-2023, SEC.2. Amended by P.L.9-2024, SEC.376; P.L.93-2024, SEC.134.

IC 16-41-22Chapter 22. Health, Sanitation, and Safety: Mass Gatherings

16-41-22-1Exemptions from application of chapter 16-41-22-2Assembly 16-41-22-3Governing body 16-41-22-4Unit 16-41-22-5Licenses to hold assemblies 16-41-22-6Separate licenses 16-41-22-7License fees 16-41-22-8Maximum attendance 16-41-22-9Noise restriction 16-41-22-10Conditions for licensing 16-41-22-11License applications 16-41-22-12Approval of licenses 16-41-22-13Statement of truth and accuracy of information 16-41-22-14Contents of license applications 16-41-22-15Processing of applications and issuance of licenses 16-41-22-16Revocation of licenses 16-41-22-17Appeals from denial or revocation of licenses 16-41-22-18Injunctions 16-41-22-19Public nuisance 16-41-22-20Traffic control 16-41-22-21License violations 16-41-22-22Violations