ILNews

Court agrees with IDEM on 'public water system'

Michael W. Hoskins
January 1, 2008
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The Indiana Department of Environmental Management was correct in interpreting a federal safe drinking water act to mean that a public water system can be composed of separate, unconnected wells serving a larger area together, the Indiana Court of Appeals ruled today.

In IDEM v. Construction Management Associates L.L.C. and Hilltop Farms, No. 52A02-0711-CV-994, a three-judge panel reversed a Miami Circuit judge's ruling that the state agency had incorrectly determined that separate, unconnected wells constituted a public water system and required the apartment complex construction company to abide by water-testing requirements.

At issue was the Safe Drinking Water Act of 1974 designed to regulate the nation's public drinking water supply, and specifically Indiana's definition of whether water systems created during development of this apartment complex project fall within the definition of a public water system.

Construction Management Associates started the two-phase project in Miami County in 2000, hiring a drilling company to drill six separate wells to provide for water in each of the proposed six apartment buildings of each phase of Hilltop Farms.

IDEM classified this as a public water system, but the construction company disagreed and so did the trial court. Judge Rosemary Higgins Burke considered each building and well separately as if the buildings weren't part of a phase of a large project, and also reasoned that IDEM had given no fair warning of its "additional standards" requiring wells in a phase of an apartment complex to be considered one public system.

The term "system" is undefined in 327 Indiana Administrative Code 8-2-1(60), and the appellate court agreed with IDEM that the buildings, wells, and equipment owned on a single parcel are part of an orderly arrangement designed to provide drinking water for all tenants in the apartment complex.

"IDEM's interpretation ... is reasonable because it applies the common and ordinary meaning of 'system' and reflects Congress's intent to protect the public health," Judge Nancy Vaidik wrote. "We will not allow a developer to thwart the purpose of the SDWA simply by drilling unconnected wells."

The appellate court also disagreed that any "additional standards" were imposed but declined to go as far as IDEM wanted in finding that ownership, operation, and proximity are standards included in the statute.
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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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