Court agrees with IDEM on 'public water system'

Michael W. Hoskins
January 1, 2008
Back to TopCommentsE-mailPrintBookmark and Share
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.

Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. What about the single mothers trying to protect their children from mentally abusive grandparents who hide who they truly are behind mounds and years of medication and have mentally abused their own children to the point of one being in jail and the other was on drugs. What about trying to keep those children from being subjected to the same abuse they were as a child? I can understand in the instance about the parent losing their right and the grandparent having raised the child previously! But not all circumstances grant this being OKAY! some of us parents are trying to protect our children and yes it is our God given right to make those decisions for our children as adults!! This is not just black and white and I will fight every ounce of this to get denied

  2. Mr Smith the theory of Christian persecution in Indiana has been run by the Indiana Supreme Court and soundly rejected there is no such thing according to those who rule over us. it is a thought crime to think otherwise.

  3. maybe if some of the socia workers would treat the foster parents better, they would continue to fostr.

  4. We have been asked to take in a 2 no old baby because mother is in very unstable situation. We want to do this but will need help with expenses such as medical and formula... Do we have to have custody thru court?

  5. Very troubling. A competent public defender is very much the right of every indigent person in the US or the Fifth amendment becomes meaningless. And considering more and more of us are becoming poorer and poorer under this "system," the need for this are greater than ever.... maybe they should study the Federals and see how they manage their program? And here's to thanking all the PD attorneys out there who do a good job.