Indiana Code 36-9-25-13. Authorized actions; regulation of kinds or amounts of chemicals and strengths of waste and other substances detrimental to sewage works
(1) the breach of an agreement, express or implied, relating to the construction, management, or repair of sewage works under its control, including real property; or
Terms Used In Indiana Code 36-9-25-13
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: refers to a board of sanitary commissioners, or board of public works of a consolidated city. See Indiana Code 36-9-25-2
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: refers to a department of public sanitation, or department of public works of a consolidated city. See Indiana Code 36-9-25-2
- District: means the area within the jurisdiction of a department. See Indiana Code 36-9-25-2
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
(b) The board may recover possession of property, may bring an action for the specific performance of an agreement, and may use, in the name of the municipality, any legal or equitable remedy necessary to protect and enforce the rights and perform the duties of the department.
(c) The board may establish limits on the kinds or amounts of chemicals and the strength of the waste or other substances the board considers detrimental to the sewage works. If a person discharges sewage into the sewage works that exceeds limits set by the board, the board may order the person to cease using the sewage works upon a hearing with notice. However, if evidence indicates a public health hazard is being created, the board may summarily order the person to cease without notice or hearing. Orders of the board may be enforced by bringing an action to enjoin discharges into the sewer works in any court in the county having jurisdiction to hear equity actions. A person aggrieved by an order of the board is entitled to appeal the order to the circuit or superior court of the county in which the city is located. If an order is given without notice, an appeal must be perfected within ten (10) days after receipt of the order or the right to appeal is considered waived.
(d) The board of a department in a district described in section 3(b)(2) of this chapter may bring an action in the name of:
(1) a municipality in the district with the approval of the executive of the municipality; or
(2) the district, with the approval of the board.
[Pre-Local Government Recodification Citations: subsections (a), (b) formerly 19-2-14-6; subsection (c) formerly 19-2-20-12.5.]
As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.175-2006, SEC.25.