"Surface water"

Sec. 76. (a) "Surface water" means waters, as defined in IC 13-11-2-265, that are present on the surface of the earth, including the following: (1) Streams. (2) Lakes. (3) Ponds. (4) Rivers. (5) Swamps. (6) Marshes. (7) Wetlands. (b) The term does not include the following: (1) Temporary ponding in an agricultural crop growing area. (2) Temporary puddles. (3) Farmed wetlands. (4) Private ponds that: (A) are under the care, custody, and control of the person applying or ordering the application of fertilizer material; and (B) do not have an outfall to other surface waters. As added by P.L.98-2026, SEC.2.