Good afternoon, Mr. Chairman and members of the committee, and thank you for the opportunity to speak today. My name is Katherine, and I am testifying on behalf of Save the Dunes in opposition to SB 277.
As an official partner of Indiana Dunes National Park and through our ongoing collaboration with Indiana Dunes State Park, Save the Dunes works to advance shared goals of land preservation, habitat restoration, and public access—ensuring the dunes region is protected for future generations.
We are particularly concerned about Section 103 on page 44 of this bill, which makes it optional for the IDEM Commissioner to bring suit against polluters who present an imminent and substantial endangerment to public health or welfare. This section also relieves the Commissioner of the responsibility to penalize and pursue enforcement action after receiving evidence of pollution.
The changes in this section from “shall” to “may” significantly weaken Indiana’s environmental protections by removing a clear obligation to act when pollution poses a serious and immediate threat. This is especially troubling for Northwest Indiana, where heavy industry operates directly adjacent to both the Indiana Dunes National Park and Indiana Dunes State Park along our Lake Michigan shoreline. Together, our parks host more than three million visitors annually, making the Indiana Dunes the number one tourist destination in the state and generating over $200 million each year for local communities through tourism.
Our lakeshore has unfortunately experienced several major pollution incidents in the recent past, some of which have forced the national park to close for days at a time. These events underscore how critical it is for IDEM to have both the authority and the obligation to fully enforce environmental regulations and protect our parks—particularly during peak visitation months in the summer and fall. When pollution presents an imminent and substantial danger, IDEM must be required to act swiftly and decisively. Weakening this responsibility puts nearby park visitors, tourism revenue, and our public lands at greater risk.
It is vital that the IDEM Commissioner retain all enforcement tools necessary to respond to future pollution events that could impact Indiana Dunes National Park, Indiana Dunes State Park, and park visitation. Mandatory enforcement ensures accountability, deters industry permit violations, and provides essential protection for our state and national parks.
For these reasons, we oppose SB 277 and respectfully urge the committee to amend the bill to preserve IDEM’s obligation to take enforcement action against polluters who pose an imminent and substantial threat to public health, and to retain the IDEM Commissioner’s responsibility to penalize and pursue legal action against polluters when evidence of pollution exists. Thank you for your time and consideration.
