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) but 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.
(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.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 26. Lakes and Reservoirs
14-26-2-1. Applicability of Chapter
14-26-2-2. "Natural Resources"
14-26-2-3. "Public Freshwater Lake"
14-26-2-4. "Shoreline or Water Line"
14-26-2-7. Construction of Ditches or Dams So as to Lower Water Level Prohibited
14-26-2-10. Notice and Hearing
14-26-2-12. Permit to Construct Channels
14-26-2-13. Sewage Disposal Facilities for Housing Developments
14-26-2-14. Applicability to Private Cooling or Pollution Control Ponds
14-26-2-14.5. Determination of Public Use of a Lake
14-26-2-15. Applicability to Tippecanoe River Impoundments
14-26-2-16. Applicability to Water Supply Reservoirs
14-26-2-17. Expiration of Permit
14-26-2-18. Posting and Keeping of Permit
14-26-2-19. Remedies for Violations
14-26-2-20. Department May Bring Action for Damages
14-26-2-22. Additional Civil Penalties
14-26-2-23. Prohibited Activities; Permit; Applications; Fees; Rules; Mediation; Civil Enforcement