Sec. 11. (a) This section applies to a private lake that lies wholly or in part within any of the three (3) cities having the largest population in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000).

     (b) Sand mining may be conducted at the lake only if approved by resolution of the legislative body of the city after a public hearing.

Terms Used In Indiana Code 14-26-2-11

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • lake: means a reasonably permanent body of water that:

    Indiana Code 14-26-2-1.5

  • Population: has the meaning set forth in Ind. See Indiana Code 1-1-4-5
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
     (c) A sand mining operation at the lake:

(1) is subject to and shall be conducted in accordance with the regulations and permit process of the United States Army Corps of Engineers and the United States Environmental Protection Agency; and

(2) is subject to local supervision and monitoring by the city engineer of the city in which the lake lies.

     (d) A person performing the sand mining is liable for any damages directly attributable to the sand mining operation to any real property located within a one (1) mile radius of the lake.

     (e) After mining operations are completed, the lake may not be used as a sanitary landfill or as a hazardous waste site.

[Pre-1995 Recodification Citation: 13-2-11.1-6(d).]

As added by P.L.1-1995, SEC.19. Amended by P.L.11-2023, SEC.53.

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