Section 327IAC8-5-1. Construction of public water supply system; hearing

   (a) Whenever investigation by the commissioner shall show that the lack of proper or adequate public water supply system, in an incorporated city or town, results in insanitary conditions, or conditions causative of disease, and that the construction of a public water supply system, will abate, and is a practical method to abate such conditions, said incorporated city or town shall, upon receipt of an official order from the commissioner, immediately proceed to construct, cause to be constructed, or allow to be constructed, a public water supply system, including a source of supply, distribution lines and other necessary appurtenances, sufficient to abate the insanitary conditions causative of disease and to protect the public health.

  (b) Provided, that such official order shall not be issued by the commissioner until after an opportunity for a hearing has been given to the proper officials of such incorporated city or town, at which hearing the facts as shown by the investigation made by the commissioner shall be presented to said officials. (Water Pollution Control Division; 327 IAC 8-5-1; filed Sep 24, 1987, 3:00 pm: 11 IR 711; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA)