Pollution of Navigable Waters

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Summary of State laws and regulations affecting pollution of waters, revised as of April 1937-Continued

IDAHO

Department of public welfare.

ILLINOIS

Sanitary water board (L. 1929, p. 386), consisting of directors of department of public health, department of conservation, department of purchases and construction, and representative of manufacturing interests.

Act provides: (1) That the board study, investigate, and determine ways and means of eliminating from streams all matters which tend to pollute same; determine methods for prevention of pollution detrimental to public health, animal or aquatic life and recreational uses; (2) that pollution exists if quality of waters is impaired for public water supply, bathing, or recreation; (3) that "sewage" shall include industrial wastes; (4) that board has the right to decide and define where pollution exists and has exclusive jurisdiction for that purpose; (5) that a permit from the board shall be obtained before construction of any sewerage system and before change, addition or extension of existing systems or methods; (6) that the board may order discharge of sewage discontinued within specified time unless

Conservancy districts

Sanitary districts.

adequate treatment works be installed; (7) that this act
shall not apply to or affect sanitary districts with a popu-
lation of over 1,000,000; (8) that the various departments
now members of the sanitary water board have certain
powers re pollution, which have not been repealed. See
act, Mar. 7, 1917, Civil Administrative Code, as amended
by Laws 1925, p. 585, and Laws 1933, p. 1061; and act
Creating Rivers and Lakes Commission, as amended Laws
1913, p. 122, Laws 1919, p. 990, Laws 1921, p. 847 re depart-
ment public works (department purchasing and construc-
tion); and ch. 24a, act, Mar. 7, 1917, as amended Laws 1931,
p. 881, re department public health, and as amended Laws
1925, p. 585, re department of conservation.

(9) Act (amended Laws 1931, p. 530) authorizes creation of
districts for river control, sanitation, etc. Act gives the
district power to prevent pollution of the water supply and
all streams within the district.

(10) Act of May 17, 1907, as amended Laws 1933, p. 515,
authorizes creation of districts within 2 counties for sani-
tary purposes and sewage disposal, treatment plants, for
sewage and industrial wastes.

(11) Act of June 5, 1911, as amended Law 1913, p. 303, Law
1919, p. 461, authorizes creation of districts within 1 county,
to construct drainage and sewerage systems, disposal and
treatment works. The district has power to prevent pol-
lution of any waters from which a water supply may be
obtained by any city, etc., within the district.

(12) Act of June 22, 1917, as amended Law 1919, p. 463, Law
1927, p. 453, Law 1931, p. 529, authorizes creation of district
containing one or more incorporated city, etc., with power
to provide for sewage disposal and treatment in providing
works for industrial sewage. District is given power to
apportion and collect therefor, from the producer thereof
fair additional construction, maintenance, and operating
costs over and above those covered by normal taxes. In
case of dispute a board of arbitration makes final deter-
mination of such charges.

Sanitary District of Chicago. (13) Act of May 29, 1889, as amended Laws 1905, p. 199; Laws
1921, p. 324, authorizes creation of districts and removal of
obstructions in Des Plaines and Illinois Rivers. District
is given power to construct channels, drains, sewage-dis-
posal plants and treatment works; to regulate and control
the discharge of factory or industrial wastes whether made
directly into works or sewers of the district or indirectly
through the sewer system of a municipality or area within
the district; to contract with industries regarding amount
of treatment at source and the payment to be made annu-
ally by industries for treatment at works of district; to
require industries within district to construct new sewage
disposal plants or to change or rebuild outlet, drains, and
sewers; to make such rules and regulations as to control
and use of systems and works as are deemed expedient.

(12) Every district shall proceed as rapidly
as possible to provide sewerage systems
and plants. Said districts have power to
prevent pollution of any water supply to
be used within such district and shall
have power to maintain a police force for
this purpose.

(13) District may be prosecuted by attor-
ney general for failure to conform to pro-
visions of act. Attorney general must
petition in Supreme Court for manda-
mus to compel necessary action. The
district is authorized to levy and collect
special charges to enable compliance
with court order.

by the Attorney General.

(12) Failure to act sub-
jects district to a fine
of $100 to $500 and
trustees may be re-
moved from office.

Summary of State laws and regulations affecting pollution of waters, revised as of April 1987-Continued

INDIANA

Agency

Secs. 8410-8424 outline powers and duties of board in control
and abatement of stream pollution. In view of act above
mentioned, the powers of board here described appear to
be superfluous if new act is to be operative.
Ch. 307, acts of 1913, authorizes creation of districts com-
posed of 2 or more incorporated municipalities with power
to construct sewerage systems, plants, etc., and to levy
and collect taxes on all property in district.

There are various acts by which cities of all classes are au-
thorized to construct sewerage systems, plants, etc., with
power to compel treatment of industrial wastes and to
regulate the same. (See sec. 11536, Code.)

Regulation and/or procedure

Sec. 6 provides that whenever department
determines that there is a violation of
this act it shall serve notice on offender
to cease and abate condition of pollution.
After hearing by pollution board depart-
ment makes final order affirming, modi-
fying, or revoking former order.
Sec. 7 provides that all plans and specifica-
tions for abatement or correction of any
polluted conditions must be approved
by department.

Sec. 8 provides that offender, after final
order of the department may commence
action within 10 days in the circuit or
superior court of the county where vio-
lation is alleged to exist. Action is to
be against department to vacate or set
aside order. Either party may appeal
to the Supreme Court of Indiana.

IOWA

State department of health. 2198-2208 provide that State board of health may, upon its
own initiative, or upon written petition of 25 State resi-
dents, a town council or trustees, or local board of health,
investigate stream pollution alleged to injure public water
supply or fish, except that on lower 5,000 feet of any stream
flowing into State boundary river. After investigation
and proof of pollution, and 10 days' notice to alleged offend-
ers, a public hearing shall be held wherein every alleged
offender may appear by counsel, testify, and examine wit-
nesses. If after hearing offender is deemed guilty, board of
health may issue order to desist, or change methods of
waste disposal. If such order requires expenditure of
more than $5,000, the written approval of a majority of the
State executive council must be obtained. Offenders may
appeal from order, within 30 days, to district court of
county wherein offense was committed. Decision of court
is final, except that failure to obey local court order may
be reported to Polk County district court.
Sec. 5984 provides that municipalities may establish sewer
districts by ordinance.

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