Sec. 23. (a) Whenever:

(1) a person wants to connect a drain with a regulated drain that is subject to this chapter; and

Terms Used In Indiana Code 36-9-27-23

  • Board: refers to the drainage board of a county. See Indiana Code 36-9-27-2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Regulated drain: means an open drain, a tiled drain, or a combination of the two. See Indiana Code 36-9-27-2
(2) the connection would result in the discharge into the regulated drain of liquid wastes that would cause or contribute to pollution of the receiving waters;

the person seeking the connection must obtain written approval from the department of environmental management for the discharge, and shall file that written approval with the board having jurisdiction of the regulated drain when filing the person’s request to connect.

     (b) The board may deny a connection request, even though approval of the department of environmental management is given or is not required.

     (c) The board shall deny a connection request whenever the approval of the department of environmental management is required and is not obtained.

     (d) The provisions of this section requiring department of environmental management approval do not apply to the discharge of sewage from a single or two (2) family residence.

[Pre-Local Government Recodification Citation: 19-4-6-7.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.143-1985, SEC.202; P.L.127-2017, SEC.332.

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