reglab/housing_qa huggingface dataset:
IN Code § 13-30-1-3 (2021)
2021 Indiana Code|Title 13. Environment|Article 30. Enforcement and Legal Actions|Chapter 1. Standing to Sue for Declaratory and Equitable Relief in the Name of the State|13-30-1-3. Maintenance of Action; Agency Not Required to Be Joined as Party

Sec. 3. (a) An individual or entity that is identified in section 1(2) through 1(4) of this chapter and that brings an action under section 1 of this chapter may not maintain the action unless:(1) none of the agencies that receives notice of the action under section 2 of this chapter:(A) commences an administrative proceeding or a civil action on the alleged pollution, impairment, or destruction not later than ninety (90) days after receiving notice under section 2 of this chapter; or(B) takes steps not later than ninety (90) days after receiving notice under section 2 of this chapter to have a criminal prosecution commenced on the alleged pollution, impairment, or destruction; or(2) the agency that commences an administrative proceeding or a civil action on the alleged pollution, impairment, or destruction does not diligently pursue the administrative proceeding or civil action after the administrative proceeding or civil action is commenced.(b) The agency does not have to be joined as a party in an action under this section.[Pre-1996 Recodification Citation: 13-6-1-1(b).]As added by P.L.1-1996, SEC.20.
IN Code § 13-30-1-4 (2021)
2021 Indiana Code|Title 13. Environment|Article 30. Enforcement and Legal Actions|Chapter 1. Standing to Sue for Declaratory and Equitable Relief in the Name of the State|13-30-1-4. Hearing; Final Determination; Appeal

Sec. 4. If the administrative agency that has jurisdiction and that is given notice by the attorney general under section 2 of this chapter:(1) holds a hearing; and(2) makes a final determination;after receiving the notice, an appeal from the agency's action may be taken in the manner prescribed by law.[Pre-1996 Recodification Citation: 13-6-1-1(c).]As added by P.L.1-1996, SEC.20.
IN Code § 13-30-1-5 (2021)
2021 Indiana Code|Title 13. Environment|Article 30. Enforcement and Legal Actions|Chapter 1. Standing to Sue for Declaratory and Equitable Relief in the Name of the State|13-30-1-5. Intervention

Sec. 5. In an administrative, a licensing, or any other proceeding, and in an action for judicial review of an administrative, a licensing, or any other proceeding that is made available by law:(1) the attorney general;(2) a state, city, town, county, or local agency or officer vested with the authority to seek judicial relief;(3) a citizen of Indiana; or(4) a corporation, a limited liability company, a partnership, or an association maintaining an office in Indiana;shall be permitted to intervene as a party upon the filing of a verified pleading asserting that the proceeding or action for judicial review involves conduct, programs, or products that may have the effect of significantly impairing, polluting, or destroying the environment of Indiana.[Pre-1996 Recodification Citation: 13-6-1-1(d).]As added by P.L.1-1996, SEC.20.
IN Code § 13-30-1-6 (2021)
2021 Indiana Code|Title 13. Environment|Article 30. Enforcement and Legal Actions|Chapter 1. Standing to Sue for Declaratory and Equitable Relief in the Name of the State|13-30-1-6. Consideration of Impairment, Pollution, or Destruction of Environment

Sec. 6. In the administrative, licensing, or other procedure, the agency shall consider the alleged significant impairment, pollution, or destruction of the environment of Indiana. A program, a product, or conduct that:(1) has; or(2) is reasonably likely to have;the effect of impairing, polluting, or destroying the environment may not be authorized, approved, or permitted to continue if there is a feasible and prudent alternative consistent with the reasonable requirements of the public health, safety, and welfare.[Pre-1996 Recodification Citation: 13-6-1-1(e).]As added by P.L.1-1996, SEC.20.
IN Code § 13-30-1-7 (2021)
2021 Indiana Code|Title 13. Environment|Article 30. Enforcement and Legal Actions|Chapter 1. Standing to Sue for Declaratory and Equitable Relief in the Name of the State|13-30-1-7. Judicial Review

Sec. 7. In an action for judicial review of proceedings described in section 4 of this chapter, the court shall, in addition to other duties imposed upon the court by law, grant review of claims that the conduct, program, or product under review:(1) has impaired, significantly polluted, or destroyed the environment of Indiana; or(2) is reasonably likely to impair, significantly pollute, or destroy the environment of Indiana.[Pre-1996 Recodification Citation: 13-6-1-1(f).]As added by P.L.1-1996, SEC.20.
IN Code § 13-30-1-8 (2021)
2021 Indiana Code|Title 13. Environment|Article 30. Enforcement and Legal Actions|Chapter 1. Standing to Sue for Declaratory and Equitable Relief in the Name of the State|13-30-1-8. Respondent's Burden

Sec. 8. (a) In an action under this chapter, whenever the petitioner has made a prima facie showing that the conduct of the respondent has or is reasonably likely to impair, pollute, or destroy the environment of Indiana, the respondent has the burden of establishing the following:(1) If there is an applicable rule adopted by a state agency setting standards for pollution, impairment, or destruction, or for antipollution devices, the respondent has the burden of establishing compliance with the rule, which constitutes a prima facie defense to petitioner's claim.(2) If there is not an applicable rule, the respondent has the burden of establishing that:(A) there is no feasible and prudent alternative; and(B) the conduct, program, or product at issue is consistent with and reasonably required for the promotion of the public health, safety, and welfare in light of the state's paramount concern for the protection of the environment from pollution, impairment, or destruction.(b) Upon the respondent establishing the proof under subsection (a):(1) the respondent is considered to have rebutted the prima facie showing; and(2) the petitioner has the burden of going forward with the evidence.[Pre-1996 Recodification Citation: 13-6-1-2.]As added by P.L.1-1996, SEC.20.
IN Code § 13-30-1-9 (2021)
2021 Indiana Code|Title 13. Environment|Article 30. Enforcement and Legal Actions|Chapter 1. Standing to Sue for Declaratory and Equitable Relief in the Name of the State|13-30-1-9. Venue

Sec. 9. An action under this chapter must be brought in a circuit or superior court in the county in which the significant pollution, impairment, or destruction is alleged to have occurred.[Pre-1996 Recodification Citation: 13-6-1-3.]As added by P.L.1-1996, SEC.20.
IN Code § 13-30-1-10 (2021)
2021 Indiana Code|Title 13. Environment|Article 30. Enforcement and Legal Actions|Chapter 1. Standing to Sue for Declaratory and Equitable Relief in the Name of the State|13-30-1-10. Master or Referee; Appointment

Sec. 10. The court may appoint a master or referee, who must be a disinterested person and technically qualified, to take testimony and make a report to the court in the action. The costs of the master or referee may be apportioned to the parties if the interests of justice require.[Pre-1996 Recodification Citation: 13-6-1-4.]As added by P.L.1-1996, SEC.20.
IN Code § 13-30-1-11 (2021)
2021 Indiana Code|Title 13. Environment|Article 30. Enforcement and Legal Actions|Chapter 1. Standing to Sue for Declaratory and Equitable Relief in the Name of the State|13-30-1-11. Temporary and Permanent Equitable Relief

Sec. 11. The court may:(1) grant temporary and permanent equitable relief; or(2) impose the conditions upon the respondent that are required to protect the environment of the state from pollution, impairment, and destruction.[Pre-1996 Recodification Citation: 13-6-1-5.]As added by P.L.1-1996, SEC.20.
IN Code § 13-30-1-12 (2021)
2021 Indiana Code|Title 13. Environment|Article 30. Enforcement and Legal Actions|Chapter 1. Standing to Sue for Declaratory and Equitable Relief in the Name of the State|13-30-1-12. Failure to Intervene; Effect

Sec. 12. (a) In an action in which a petitioner or an intervenor seeking judicial adjudication as provided by this chapter has failed to intervene in an administrative, a licensing, or other similar proceeding, the court may:(1) remit the petitioner or intervenor to the proceeding for amplification of the record in the proceeding; and(2) order the granting of intervention and the granting of review in the proceeding as provided in of this chapter.(b) However, if:(1) intervention was available in the proceeding; and(2) the petitioner or intervenor seeking judicial adjudication under this chapter willfully and inexcusably refused intervention in the proceeding;the court may dismiss the action with prejudice to the petitioner or intervenor.[Pre-1996 Recodification Citation: 13-6-1-6.]As added by P.L.1-1996, SEC.20.
IN Code § 13-30-2-2 (2021)
2021 Indiana Code|Title 13. Environment|Article 30. Enforcement and Legal Actions|Chapter 2. Prohibited Acts|13-30-2-2. Offer to Provide Service or Allocate Sewer Tap Without Capacity to Do So; Liability

Sec. 2. (a) A person, excluding a municipality, who owns or operates a water pollution treatment or control facility or sanitary sewer may not offer to provide service or allocate a sewer tap to a person without:(1) having the capacity to provide the service or allocation; and(2) reserving the capacity to provide the service or allocation;to the property owner to whom the offer or allocation was made.(b) A person who violates subsection (a) who:(1) issued a written letter of intent or commitment to provide service or allocate a sewer tap to a property owner;(2) failed to reserve the capacity to provide the service or tap; and(3) as a result of failing to reserve that capacity, adversely affected the value of property of a property owner to whom the letter of intent was issued;is liable for damages to the property owner.(c) In an action brought by a property owner under this section, the damages are equal to the value of the property as the property would have appreciated in value but for the failure of the property to have been provided sewer service or a sewer tap.(d) Notwithstanding IC 34-11-1-2, a property owner who has a continuing claim under this section may assert that claim until May 15, 1997.[Pre-1996 Recodification Citation: 13-7-4-4.]As added by P.L.1-1996, SEC.20. Amended by P.L.1-1998, SEC.107.
IN Code § 13-30-3-1 (2021)
2021 Indiana Code|Title 13. Environment|Article 30. Enforcement and Legal Actions|Chapter 3. Investigation of Violations; Administrative Proceedings and Orders|13-30-3-1. Investigations; Initiation

Sec. 1. The commissioner or a designated member of the staff of the department may initiate an investigation on receipt of information of an alleged violation of any of the following:(1) Environmental management laws.(2) Air pollution control laws.(3) Water pollution control laws.(4) IC 36-9-30-35.(5) A rule or standard adopted under the following:(A) Environmental management laws.(B) Air pollution control laws.(C) Water pollution control laws.[Pre-1996 Recodification Citation: 13-7-11-1.]As added by P.L.1-1996, SEC.20.
IN Code § 13-30-3-2 (2021)
2021 Indiana Code|Title 13. Environment|Article 30. Enforcement and Legal Actions|Chapter 3. Investigation of Violations; Administrative Proceedings and Orders|13-30-3-2. Procedures

Sec. 2. If an investigation discloses a possible violation, the commissioner shall proceed under:(1) section 3 of this chapter; or(2) first section 3 of this chapter and then section 4 of this chapter.[Pre-1996 Recodification Citation: 13-7-11-2(a).]As added by P.L.1-1996, SEC.20.
IN Code § 13-30-3-3 (2021)
2021 Indiana Code|Title 13. Environment|Article 30. Enforcement and Legal Actions|Chapter 3. Investigation of Violations; Administrative Proceedings and Orders|13-30-3-3. Notice of Violation; Offer of Opportunity to Enter Into Agreed Order; Failure to Enter Into Agreed Order

Sec. 3. (a) The commissioner shall:(1) notify the alleged violator in writing that the commissioner believes a violation may exist; and(2) offer the alleged violator an opportunity to enter into an agreed order providing for:(A) the actions required to correct the violation; and(B) if appropriate, the payment of a civil penalty.(b) The commissioner is not required to extend the offer under subsection (a)(2) for more than sixty (60) days.(c) An alleged violator may enter into an agreed order without admitting that the violation occurred.(d) A notification under this section does not constitute a notice of violation for purposes of IC 14-34-3-3(20).(e) If an agreed order is not entered into, the commissioner may proceed under section 4 of this chapter to issue a notice and order.[Pre-1996 Recodification Citation: 13-7-11-2(b).]As added by P.L.1-1996, SEC.20.
IN Code § 13-30-3-4 (2021)
2021 Indiana Code|Title 13. Environment|Article 30. Enforcement and Legal Actions|Chapter 3. Investigation of Violations; Administrative Proceedings and Orders|13-30-3-4. Notice; Contents

Sec. 4. (a) The commissioner shall issue written notice to an alleged violator in accordance with IC 13-14-2-1.(b) The notice must:(1) specify the provision of:(A) the environmental management laws;(B) the air pollution control laws; or(C) the water pollution control laws; or(D) the rule;allegedly being violated;(2) include:(A) a statement of:(i) the manner in which; and(ii) the extent to which;the alleged violation exists; and(B) an order under sections 10 through 12 of this chapter:(i) requiring that the alleged violator take specific action to correct the violation;(ii) assessing a civil penalty under IC 13-30-4-1, IC 13-30-4-2, and section 11 of this chapter for the violation; or(iii) containing the substance of both item (i) and item (ii); and(3) include a brief description of the procedure for requesting review under IC 4-21.5.(c) A copy of the notice and order may also be sent to a local governmental unit that is a party to the action.[Pre-1996 Recodification Citation: 13-7-11-2(c).]As added by P.L.1-1996, SEC.20. Amended by P.L.263-2013, SEC.9.
IN Code § 13-30-3-5 (2021)
2021 Indiana Code|Title 13. Environment|Article 30. Enforcement and Legal Actions|Chapter 3. Investigation of Violations; Administrative Proceedings and Orders|13-30-3-5. Order; Effective Date; Review

Sec. 5. (a) Except as otherwise provided in:(1) a notice issued under section 4 of this chapter; or(2) a law relating to emergency orders;an order of the commissioner under this chapter takes effect twenty (20) days after the alleged violator receives the notice, unless the alleged violator requests under subsection (b) a review of the order before the twentieth day after receiving the notice.(b) To request a review of the order, the alleged violator must:(1) file a written request with the office of environmental adjudication under IC 4-21.5-7; and(2) serve a copy of the request on the commissioner.(c) If a review of an order is requested under this section, the office of environmental adjudication established under IC 4-21.5-7 shall review the order under IC 4-21.5.[Pre-1996 Recodification Citation: 13-7-11-2(d).]As added by P.L.1-1996, SEC.20.
IN Code § 13-30-3-6 (2021)
2021 Indiana Code|Title 13. Environment|Article 30. Enforcement and Legal Actions|Chapter 3. Investigation of Violations; Administrative Proceedings and Orders|13-30-3-6. Order; Approval Based on Agreement Before Final Order

Sec. 6. If an alleged violator who has requested a review of an order of the commissioner under section 5 of this chapter agrees to resolve the controversy concerning the order in a manner satisfactory to the commissioner before a final order is issued by the office of environmental adjudication, the commissioner may approve an agreed order based on the agreement.[Pre-1996 Recodification Citation: 13-7-11-2(e).]As added by P.L.1-1996, SEC.20.
IN Code § 13-30-3-7 (2021)
2021 Indiana Code|Title 13. Environment|Article 30. Enforcement and Legal Actions|Chapter 3. Investigation of Violations; Administrative Proceedings and Orders|13-30-3-7. Final Order; Judicial Review

Sec. 7. A final order of an environmental law judge is subject to judicial review under IC 4-21.5-5.[Pre-1996 Recodification Citation: 13-7-11-2(f).]As added by P.L.1-1996, SEC.20.
IN Code § 13-30-3-8 (2021)
2021 Indiana Code|Title 13. Environment|Article 30. Enforcement and Legal Actions|Chapter 3. Investigation of Violations; Administrative Proceedings and Orders|13-30-3-8. Private Actions Permitted; Conditions

Sec. 8. (a) A person who has filed a complaint under IC 13-30-1 may proceed against the alleged violator if the department does not:(1) commence:(A) an administrative proceeding; or(B) a civil action;on the alleged pollution, impairment, or destruction not later than ninety (90) days after receiving notice under IC 13-30-1-2;(2) take steps not later than ninety (90) days after receiving notice under IC 13-30-1-2 to have a criminal prosecution commenced on the alleged pollution, impairment, or destruction; or(3) diligently pursue:(A) an administrative proceeding; or(B) a civil action;concerning the alleged pollution, impairment, or destruction after the administrative proceeding or civil action is commenced.(b) The department does not have to be joined as a party in an action under this section.[Pre-1996 Recodification Citation: 13-7-11-2(g).]As added by P.L.1-1996, SEC.20.
IN Code § 13-30-3-9 (2021)
2021 Indiana Code|Title 13. Environment|Article 30. Enforcement and Legal Actions|Chapter 3. Investigation of Violations; Administrative Proceedings and Orders|13-30-3-9. Hearings; Complainant's Burden

Sec. 9. In hearings under this chapter, the burden is on the complainant to show the alleged violation.[Pre-1996 Recodification Citation: 13-7-11-2(h).]As added by P.L.1-1996, SEC.20.
IN Code § 13-30-3-10 (2021)
2021 Indiana Code|Title 13. Environment|Article 30. Enforcement and Legal Actions|Chapter 3. Investigation of Violations; Administrative Proceedings and Orders|13-30-3-10. Orders; Determinations

Sec. 10. In accordance with the procedure set forth in this chapter, the commissioner shall:(1) issue and enter an order; or(2) make any other determination;that the commissioner considers appropriate.[Pre-1996 Recodification Citation: 13-7-11-5(a).]As added by P.L.1-1996, SEC.20.
IN Code § 13-30-3-11 (2021)
2021 Indiana Code|Title 13. Environment|Article 30. Enforcement and Legal Actions|Chapter 3. Investigation of Violations; Administrative Proceedings and Orders|13-30-3-11. Orders of Commissioner

Sec. 11. An order of the commissioner under this chapter may do any of the following:(1) Include a direction to cease and desist from violations of the following:(A) Environmental management laws.(B) Air pollution control laws.(C) Water pollution control laws.(D) A rule adopted by the board.(E) A rule adopted by the underground storage tank financial assurance board created by IC 13-23-11-1.(2) Impose monetary penalties in accordance with the following:(A) Environmental management laws.(B) Air pollution control laws.(C) Water pollution control laws.(3) Mandate corrective action, including corrective action to be taken beyond the boundaries of the area owned or controlled by the person to whom the order is directed, to alleviate the violation.(4) Revoke a permit or condition or modify the terms of a permit.[Pre-1996 Recodification Citation: 13-7-11-5(b).]As added by P.L.1-1996, SEC.20. Amended by P.L.133-2012, SEC.159.
IN Code § 13-30-3-12 (2021)
2021 Indiana Code|Title 13. Environment|Article 30. Enforcement and Legal Actions|Chapter 3. Investigation of Violations; Administrative Proceedings and Orders|13-30-3-12. Performance Bond; Surety

Sec. 12. If an order of the commissioner allows time during which to correct a violation, the order may provide for the posting of a performance bond with surety or security acceptable to the department to assure the correction of the violation within the time prescribed in the order.[Pre-1996 Recodification Citation: 13-7-11-5(c).]As added by P.L.1-1996, SEC.20.
IN Code § 13-30-3-13 (2021)
2021 Indiana Code|Title 13. Environment|Article 30. Enforcement and Legal Actions|Chapter 3. Investigation of Violations; Administrative Proceedings and Orders|13-30-3-13. Landowners on Whose Land Garbage Has Been Dumped Without Consent; Parties; Expenses; Attorney's Fees

Sec. 13. (a) Except as provided in subsection (c), an enforcement action may not be taken under this chapter for a violation of IC 13-30-2-1(5) against a landowner on whose land garbage or other solid waste, except hazardous waste, has been illegally dumped without the landowner's consent unless the commissioner has made a diligent and good faith effort to identify, locate, and take enforcement action against a person who appears likely to have committed or caused the illegal dumping.(b) A landowner described in subsection (a) who in good faith provides information to the commissioner concerning:(1) a name;(2) an address; or(3) any other evidence of a responsible person's identity found in garbage or other solid waste dumped on the landowner's land;is not liable to a person for an action taken by the commissioner against the person as a result of the information provided the landowner.(c) The commissioner may include the owner of land on which a violation of IC 13-30-2-1(5) has apparently occurred as a party in any enforcement action against a person who allegedly committed the violation of IC 13-30-2-1(5) so that the commissioner may order the landowner to allow the alleged violator access to the land to remove and dispose of the solid waste allegedly dumped on the land in violation of IC 13-30-2-1(5).(d) A landowner on whose land garbage or other solid waste has been illegally dumped without the landowner's consent may, in addition to any other legal or equitable remedy available to the landowner, recover from the person responsible for the illegal dumping:(1) reasonable expenses incurred by the landowner in disposing of the garbage or other solid waste; and(2) reasonable attorney's fees.[Pre-1996 Recodification Citation: 13-7-11-6.]As added by P.L.1-1996, SEC.20.
IN Code § 13-30-4-1 (2021)
2021 Indiana Code|Title 13. Environment|Article 30. Enforcement and Legal Actions|Chapter 4. Civil Penalties|13-30-4-1. Violations

Sec. 1. (a) Subject to IC 13-14-6 and except as provided in IC 13-23-14-2 and IC 13-23-14-3, a person who violates:(1) any provision of:(A) environmental management laws;(B) air pollution control laws;(C) water pollution control laws;(D) IC 13-18-14-1;(E) a rule or standard adopted by the board; or(F) a rule or standard adopted by the underground storage tank financial assurance board created by IC 13-23-11-1; or(2) any determination, permit, or order made or issued by the commissioner under:(A) environmental management laws or IC 13-7 (before its repeal);(B) air pollution control laws or IC 13-1-1 (before its repeal); or(C) water pollution control laws or IC 13-1-3 (before its repeal);is liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) per day of any violation.(b) The department may:(1) recover the civil penalty described in subsection (a) in a civil action commenced in any court with jurisdiction; and(2) request in the action that the person be enjoined from continuing the violation.[Pre-1996 Recodification Citation: 13-7-13-1(a).]As added by P.L.1-1996, SEC.20. Amended by P.L.133-2012, SEC.160.
IN Code § 13-30-4-2 (2021)
2021 Indiana Code|Title 13. Environment|Article 30. Enforcement and Legal Actions|Chapter 4. Civil Penalties|13-30-4-2. Additional Civil Penalty; Emergency Orders

Sec. 2. (a) Subject to IC 13-14-6 and except as provided in IC 13-23-14-2 and IC 13-23-14-3, a person who:(1) is named in or directed by an emergency order under IC 13-14-10-1; and(2) violates the order;is liable for an additional civil penalty not to exceed five hundred dollars ($500) per hour of violation.(b) The additional civil penalty described in subsection (a) shall be assessed in an action brought by the commissioner in any court with jurisdiction.[Pre-1996 Recodification Citation: 13-7-13-1(b).]As added by P.L.1-1996, SEC.20.