Freshwater Lake Emergency; Based on Investigation

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Sec. 7. (a) If an onsite investigation under section 6 of this chapter discloses that:

(1) the operation of at least one (1) significant water withdrawal facility has caused the freshwater lake to be lowered significantly below a level described in section 6(1) of this chapter; and

(2) the lowering of the lake level is likely to result in significant environmental harm to the freshwater lake or to adjacent property;

the director shall, by temporary order, declare a freshwater lake emergency.

(b) A temporary order may:

(1) restrict the quantity of water that is extracted by the causative significant water withdrawal facility; and

(2) provide for the restoration of the normal water level of the freshwater lake;

as needed to prevent significant environmental harm to the freshwater lake or adjacent property.

(c) A restoration order under subsection (b)(2) may allow the significant water withdrawal facility to discharge water of an acceptable quality into the affected freshwater lake.

[Pre-1995 Recodification Citation: 13-2-2.6-10.]

As added by P.L.1-1995, SEC.18.


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