CHAPTER 1. ESTABLISHMENT OF WATER POLLUTION CONTROL BOARD
IC 13-18
ARTICLE 18. WATER POLLUTION CONTROL
IC 13-18-1
Chapter 1. Establishment of Water Pollution Control Board
IC 13-18-1-1
Establishment
Sec. 1. The water pollution control board is established as an
independent board.
As added by P.L.1-1996, SEC.8.
IC 13-18-1-2
Members; appointment
Sec. 2. (a) The board consists of the following twelve (12)
members:
(1) The following ex officio members:
(A) The commissioner of the state department of health.
(B) The director of the department of natural resources.
(C) The lieutenant governor.
(D) The secretary of commerce or the secretary's designee.
(2) The following eight (8) members, who shall be appointed by
the governor based on recommendations from representative
constituencies:
(A) One (1) representative of agriculture.
(B) One (1) representative of manufacturing employed by an
entity that holds an NPDES major permit.
(C) One (1) representative of environmental interests.
(D) One (1) representative of labor.
(E) One (1) representative of local government.
(F) One (1) health professional who holds a license to
practice in Indiana.
(G) One (1) representative of small business.
(H) One (1) representative of the general public, who cannot
qualify to sit on the board under any of the other clauses in
this subdivision.
(b) An individual appointed under subsection (a)(2) must possess
knowledge, experience, or education qualifying the individual to
represent the entity the individual is being recommended to
represent.
As added by P.L.1-1996, SEC.8. Amended by P.L.90-1998, SEC.19;
P.L.4-2005, SEC.121.
IC 13-18-1-3
Members; political party affiliation
Sec. 3. Not more than four (4) of the appointed members of the
board may be members of the same political party.
As added by P.L.1-1996, SEC.8.
IC 13-18-1-4
Members; technical representative as voting member
Sec. 4. An ex officio member of the board may designate in
writing a technical representative to serve as a voting member of the
board when the ex officio member is unable to attend a board
meeting.
As added by P.L.1-1996, SEC.8.
IC 13-18-1-5
Members; terms; vacancies; removal
Sec. 5. (a) An appointed member of the board serves a term of
four (4) years.
(b) The term of each member of the board continues until a
successor has been appointed and qualified.
(c) If a vacancy occurs in the appointed membership of the board,
the governor shall appoint a member not later than sixty (60) days
after the vacancy occurs for the remainder of the unexpired term
created by the vacancy. The board shall suspend the exercise of the
board's duties under the water pollution control laws if the vacancy
has not been filled not later than sixty (60) days after the vacancy
occurs.
(d) The governor may remove an appointed member of the board
for cause. Cause includes the failure to attend at least two (2) board
meetings within a one (1) year period.
(e) The board may not adopt a final rule under IC 13-14-8 until all
members have been appointed.
As added by P.L.1-1996, SEC.8.
IC 13-18-1-6
Members; compensation
Sec. 6. (a) Ex officio members of the board serve without
additional compensation.
(b) Each appointed member of the board is entitled to the
following:
(1) The minimum salary per diem provided by
IC 4-10-11-2.1(b).
(2) Reimbursement for traveling expenses provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties, as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(c) The per diem salary and mileage reimbursement are valid
claims against the department.
As added by P.L.1-1996, SEC.8.
IC 13-18-1-7
Meetings
Sec. 7. The board shall hold at least six (6) regular meetings each
year at a place and time to be fixed by the board.
As added by P.L.1-1996, SEC.8.
IC 13-18-1-8
Special meetings
Sec. 8. Special meetings of the board may be called by:
(1) the chairman; or
(2) three (3) members of the board;
by delivery of written notice at the office of each member of the
board.
As added by P.L.1-1996, SEC.8.
IC 13-18-1-9
Quorum
Sec. 9. Seven (7) members of the board, four (4) of whom must be
appointed members of the board, constitute a quorum.
As added by P.L.1-1996, SEC.8. Amended by P.L.4-2005, SEC.122.
IC 13-18-1-10
Officers
Sec. 10. The governor shall annually select:
(1) one (1) of the appointed members of the board to serve as
chairman; and
(2) another of the appointed members of the board to serve as
vice chairman.
As added by P.L.1-1996, SEC.8.
IC 13-18-1-11
Technical secretary
Sec. 11. (a) The board shall select, from a list of three (3)
qualified individuals recommended by the governor, an independent
third party who is not an employee of the state to serve as technical
secretary of the board.
(b) Between meetings of the board, the department shall do the
following:
(1) Handle correspondence.
(2) Make or arrange for investigations and surveys.
(3) Obtain, assemble, or prepare reports and data as directed by
the board.
(c) The technical secretary shall review all materials prepared for
the board by the department to make any necessary revisions.
Provisions of this chapter concerning terms of appointment,
vacancies, and compensation of appointed board members apply to
the technical secretary. The technical secretary is not a voting
member of the board.
As added by P.L.1-1996, SEC.8.
IC 13-18-1-12
Legal counsel
Sec. 12. (a) The board may select, from a list of three (3) qualified
individuals recommended by the governor, an independent third
party who is not an employee of the state to serve as legal counsel.
(b) The legal counsel shall do the following:
(1) Advise the board on legal matters or proceedings arising
from the exercise of the board's duties.
(2) Review all materials prepared for the board by the
department for legal accuracy and sufficiency and direct the
department to make any necessary revisions.
(c) Provisions of this chapter concerning terms of appointment,
vacancies, and compensation of appointed board members apply to
the legal counsel. The legal counsel is not a voting member of the
board.
As added by P.L.1-1996, SEC.8.