reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 13. Environment › Article 29. Interstate Compacts › Chapter 2. Ohio River Valley Water Sanitation Compact › 13-29-2-6. Members of the Commission; Jurisdiction of Courts; Enforcement Actions

Sec. 6. (a) There is granted to the commission and the commissioners all the powers provided for in the compact and all the powers necessary or incidental to the carrying out of the compact in every way. All officers of the state shall do all things falling within their respective provinces and jurisdiction necessary to or incidental to the carrying out of the compact in every way. It is the policy of the state to perform and carry out the compact and to accomplish the purposes of the compact. All officers, bureaus, departments, and persons of and in the state government or administration of the state shall, at convenient times and upon request of the commission:
(1) furnish the commission with information and data possessed by any of them; and
(2) aid the commission by loan of personnel or other means lying within their legal powers respectively.
(b) The courts of general jurisdiction of the state have the jurisdiction specified in Article 9 of the compact, and the office of the attorney general or any other law enforcing officer of the state may institute any action for the enforcement of the orders of the commission as specified in Article 9 of the compact.
[Pre-1996 Recodification Citation: 13-5-5-3.]
As added by P.L.1-1996, SEC.19.
2023 Indiana Code › Title 13. Environment › Article 29. Interstate Compacts › Chapter 2. Ohio River Valley Water Sanitation Compact › 13-29-2-7. Effect of Grant of Powers

Sec. 7. Any powers granted to the commission by this chapter shall be construed as in aid of and supplemental to and not as a limitation upon any of the powers vested in the commission by any of the following:
(1) Other laws of the state.
(2) The laws of any of the other states in the compact other than Indiana.
(3) The United States Congress.
(4) The terms of the compact.
[Pre-1996 Recodification Citation: 13-5-5-4.]
As added by P.L.1-1996, SEC.19.
2023 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 › 13-30-1-1. Declaratory or Equitable Relief in Name of State

Sec. 1. Under this chapter:
(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;
may bring an action for declaratory and equitable relief in the name of the state of Indiana against an individual, a partnership, a copartnership, a firm, a company, a corporation, a limited liability company, an association, a joint stock company, a trust, an estate, a state agency or an officer of the state, a city, a town, a county, a local governmental unit, an agency, or an official of a city, a town, a county, a local governmental unit, or an agency, or any other legal entity or their legal representative, agent, or assigns for the protection of the environment of Indiana from significant pollution, impairment, or destruction.
[Pre-1996 Recodification Citation: 13-6-1-1(a) part.]
As added by P.L.1-1996, SEC.20.
2023 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 › 13-30-1-2. Notice

Sec. 2. (a) A citizen, a partnership, a corporation, a limited liability company, an association, or a public officer or agency, as a condition precedent to maintaining an action, must give notice in writing by registered or certified mail to:
(1) the department of natural resources;
(2) the department; and
(3) the attorney general.
(b) The attorney general shall promptly notify all state administrative agencies having jurisdiction over or control of the pollution, impairment, destruction, or protection of the environment for which relief is sought.
[Pre-1996 Recodification Citation: 13-6-1-1(a) part.]
As added by P.L.1-1996, SEC.20.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 petroleum storage tank financial assurance board established 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; P.L.176-2023, SEC.67.
2023 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.
2023 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.
2023 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 petroleum storage tank financial assurance board established 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; P.L.176-2023, SEC.68.
2023 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.
2023 Indiana Code › Title 13. Environment › Article 30. Enforcement and Legal Actions › Chapter 4. Civil Penalties › 13-30-4-3. Waiver of Civil Penalties

Sec. 3. (a) The department may waive up to one hundred percent (100%) of a civil penalty imposed on a business for a minor violation of:
(1) a requirement of environmental management laws;
(2) a rule adopted by the board or one (1) of the former boards abolished by IC 13-13-8-2; or
(3) any determination, permit, or order made or issued by the commissioner.
(b) The department may not waive any part of a civil penalty under this section if the violation:
(1) endangers or causes damage to public health or the environment;
(2) is intentional, willful, or criminal;
(3) is of a requirement for which the department has previously issued a notice or warning of violation, for this or a prior violation, to the business required to correct the violation; or
(4) is not corrected within ninety (90) days after the date the business required to correct the violation notifies the department of the violation under subsection (c). The department may extend the ninety (90) day period for not more than an additional ninety (90) days.
(c) To seek a waiver of a civil penalty under this section, the business required to correct the violation must submit to the department a written report of the violation for which a waiver is sought. The report must be submitted to the department before an inspection by the department that discloses the violation or the issuance of a notice or warning of violation.
(d) The board may adopt rules to implement this section.
[Pre-1996 Recodification Citation: 13-7-13-5.]
As added by P.L.1-1996, SEC.20. Amended by P.L.123-1996, SEC.15; P.L.113-2014, SEC.86.
2023 Indiana Code › Title 13. Environment › Article 30. Enforcement and Legal Actions › Chapter 4. Civil Penalties › 13-30-4-4. Waiver Eligibility Determination by Compliance Assistance Program

Sec. 4. To determine eligibility for a waiver under section 3 of this chapter, a business required to correct a violation may contact the technical and compliance assistance program established under IC 13-28-3. The confidentiality provision in IC 13-28-3-4 applies to the contact.
[Pre-1996 Recodification Citation: 13-7-13-6.]
As added by P.L.1-1996, SEC.20.
2023 Indiana Code › Title 13. Environment › Article 30. Enforcement and Legal Actions › Chapter 5. Infractions › 13-30-5-1. Interference With Department Inspection or Investigation

Sec. 1. Except as provided in IC 13-23-14-2 and IC 13-23-14-3, a person who obstructs, delays, resists, prevents, or interferes with:
(1) the department; and
(2) the department's personnel or designated agent;
in the performance of an inspection or investigation performed under IC 13-14-2-2 commits a Class C infraction. Each day of violation of this section constitutes a separate infraction.
[Pre-1996 Recodification Citation: 13-7-13-1(c).]
As added by P.L.1-1996, SEC.20.
2023 Indiana Code › Title 13. Environment › Article 30. Enforcement and Legal Actions › Chapter 6. Repealed

[Pre-1996 Recodification Citations:
13-30-6-1formerly 13-7-13-3(a)13-30-6-2formerly 13-7-13-3(b)13-30-6-3formerly 13-7-13-3(c)13-30-6-4formerly 13-7-13-3(d)13-30-6-5formerly 13-7-13-3(e)13-30-6-6formerly 13-7-13-4(b)13-30-6-7formerly 13-7-13-4(c).]
Repealed by P.L.137-2007, SEC.37.
2023 Indiana Code › Title 13. Environment › Article 30. Enforcement and Legal Actions › Chapter 7. Minor Violations by Certain Businesses › 13-30-7-1. Correction Period

Sec. 1. Except as provided in sections 3 and 4 of this chapter, if:
(1) the department determines that a business has committed a minor violation:
(A) of:
(i) environmental management laws;
(ii) a rule or standard adopted by a board; or
(iii) any determination, permit, or order made or issued by the commissioner;
(B) that does not present an immediate or reasonably foreseeable danger to the public health or environment; and
(C) that does not include a violation of:
(i) a numerical limitation or a numerical standard contained in environmental management laws or a rule or standard adopted by a board applicable to a business required to correct the violation before disclosure of the violation;
(ii) a term or condition of a determination, permit, or order made or issued by the commissioner to a business required to correct the violation before disclosure of the violation, unless the term or condition incorporates a limitation, standard, work practice, or other requirement by reference and does not specify the limitation, standard, work practice, or other requirement; or
(iii) a requirement under environmental management laws or a rule adopted by a board to possess a permit;
the business required to correct the violation has not more than ninety (90) days after the date the property owner receives the written summary of the inspection under this section to correct the violation; and
(2) the:
(A) business:
(i) corrects the violation; or
(ii) commences substantial steps to correct the violation, including submitting permit applications, securing financing, or ordering equipment;
within the ninety (90) day period described in subdivision (1); or
(B) business corrects the violation within an additional ninety (90) day period under section 3 of this chapter;
the department's enforcement action is limited to the assessment of a civil penalty in an amount not to exceed five hundred dollars ($500).
[Pre-1996 Recodification Citation: 13-7-5-3.3(f).]
As added by P.L.1-1996, SEC.20. Amended by P.L.123-1996, SEC.16.
2023 Indiana Code › Title 13. Environment › Article 30. Enforcement and Legal Actions › Chapter 7. Minor Violations by Certain Businesses › 13-30-7-2. Exceptions

Sec. 2. The department may decrease the penalty provided in section 1 of this chapter based on:
(1) a good faith effort or cooperation of a business required to correct a violation before or after disclosure of the violation;
(2) the ability of a business required to correct the violation to pay the penalty;
(3) an agreement that a business required to correct a violation will offset the payment of a civil penalty by a project that:
(A) has clearly identifiable and quantifiable environmental benefits; and
(B) is not otherwise required under federal, state, or local law, rules, or regulations; or
(4) other mitigating factors within the discretion of the department.
[Pre-1996 Recodification Citation: 13-7-5-3.3(g).]
As added by P.L.1-1996, SEC.20.
2023 Indiana Code › Title 13. Environment › Article 30. Enforcement and Legal Actions › Chapter 7. Minor Violations by Certain Businesses › 13-30-7-3. Extension of Correction Period

Sec. 3. If:
(1) a violation under section 1 of this chapter cannot be corrected; or
(2) substantial steps to correct the violation cannot be taken;
within ninety (90) days, the department may extend the correction period for one (1) additional ninety (90) day period.
[Pre-1996 Recodification Citation: 13-7-5-3.3(h).]
As added by P.L.1-1996, SEC.20.
2023 Indiana Code › Title 13. Environment › Article 30. Enforcement and Legal Actions › Chapter 7. Minor Violations by Certain Businesses › 13-30-7-4. Applicability of Chapter

Sec. 4. Section 1 of this chapter does not apply if the department determines that an alleged violation under section 1 of this chapter:
(1) is disclosed after a business receives a notice of violation from the department for an alleged violation of the same or similar requirement;
(2) is a criminal offense under environmental management laws; or
(3) is committed intentionally or knowingly.
[Pre-1996 Recodification Citation: 13-7-5-3.3(i).]
As added by P.L.1-1996, SEC.20.
2023 Indiana Code › Title 13. Environment › Article 30. Enforcement and Legal Actions › Chapter 7. Minor Violations by Certain Businesses › 13-30-7-5. Public Access to Reports

Sec. 5. (a) Before March 2 of each year, the department shall:
(1) file a report with the governor concerning any business required to correct a violation under section 1 of this chapter during the preceding year; and
(2) make the report available for public inspection.
(b) The report must include a summary of:
(1) violations;
(2) corrections for violations; and
(3) penalties;
imposed for each business.
[Pre-1996 Recodification Citation: 13-7-5-3.3(j).]
As added by P.L.1-1996, SEC.20.
2023 Indiana Code › Title 13. Environment › Article 30. Enforcement and Legal Actions › Chapter 7. Minor Violations by Certain Businesses › 13-30-7-6. Election to Resolve Enforcement Action

Sec. 6. A business required to correct a violation that is subject to section 1 of this chapter may elect to resolve an enforcement action in the same manner as a business required to correct a violation that is not subject to section 1 of this chapter.
[Pre-1996 Recodification Citation: 13-7-5-3.3(k).]
As added by P.L.1-1996, SEC.20.
2023 Indiana Code › Title 13. Environment › Article 30. Enforcement and Legal Actions › Chapter 7. Minor Violations by Certain Businesses › 13-30-7-7. Rules

Sec. 7. The following shall adopt rules under IC 4-22-2 and IC 13-14-9 to administer this chapter:
(1) The board.
(2) The petroleum storage tank financial assurance board established by IC 13-23-11-1.
[Pre-1996 Recodification Citation: 13-7-5-3.3(l) part.]
As added by P.L.1-1996, SEC.20. Amended by P.L.133-2012, SEC.161; P.L.176-2023, SEC.69.
2023 Indiana Code › Title 13. Environment › Article 30. Enforcement and Legal Actions › Chapter 8. Forfeiture of Vehicles › 13-30-8-1. Forfeiture of Vehicle Used to Illegally Transport Hazardous Waste

Sec. 1. A vehicle that is used to transport hazardous waste in the commission of an offense described in IC 13-30-10-1.5 is subject to forfeiture under IC 34-24-1.
[Pre-1996 Recodification Citation: 13-7-13-4(d).]
As added by P.L.1-1996, SEC.20. Amended by P.L.1-1998, SEC.108; P.L.137-2007, SEC.30; P.L.114-2008, SEC.24.
2023 Indiana Code › Title 13. Environment › Article 30. Enforcement and Legal Actions › Chapter 9. Environmental Legal Actions › 13-30-9-1. Application of Chapter

Sec. 1. This chapter applies to actions brought by the state or a person. However, this chapter does not apply to an action brought by the state if the action arises from a site:
(1) that is listed on the National Priorities List for hazardous substance response sites (40 CFR 300 et seq.);
(2) that:
(A) is considered a high priority site; or
(B) is the site of a release that is considered a high priority release;
under rules adopted by the board under IC 13-25-4-7; or
(3) that is deemed by the commissioner to pose an imminent threat to human health or the environment.
As added by P.L.59-1997, SEC.23. Amended by P.L.221-2007, SEC.22; P.L.112-2016, SEC.24.
2023 Indiana Code › Title 13. Environment › Article 30. Enforcement and Legal Actions › Chapter 9. Environmental Legal Actions › 13-30-9-2. Person Who May Bring Action

Sec. 2. A person may, regardless of whether the person caused or contributed to the release of a hazardous substance or petroleum into the surface or subsurface soil or groundwater that poses a risk to human health and the environment, bring an environmental legal action against a person that caused or contributed to the release to recover reasonable costs of a removal or remedial action involving the hazardous substances or petroleum.
As added by P.L.59-1997, SEC.23. Amended by P.L.221-2007, SEC.23.
2023 Indiana Code › Title 13. Environment › Article 30. Enforcement and Legal Actions › Chapter 9. Environmental Legal Actions › 13-30-9-2.5. Recovery of Certain Costs

Sec. 2.5. IC 34-11-2-11.5 applies to an environmental legal action brought under section 2 of this chapter.
As added by P.L.154-2011, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 30. Enforcement and Legal Actions › Chapter 9. Environmental Legal Actions › 13-30-9-3. Allocation of Costs of Removal or Remedial Action

Sec. 3. (a) In resolving an environmental legal action, a court shall allocate the costs of the removal or remedial action in proportion to the acts or omissions of each party, without regard to any theory of joint and several liability, using legal and equitable factors that the court determines are appropriate, including the following:
(1) The degree of care exercised by each party with respect to the release of the hazardous substance or petroleum caused or contributed to by each party.
(2) The amount and characteristics of the hazardous substance or petroleum that was released.
(3) The risks posed by the hazardous substance or petroleum based on the use of the site at the time the hazardous substance or petroleum was released into the environment and the cost effectiveness of the removal or remedial action to address the risks.
(4) Whether a party's acts or omissions violated a federal, state, or local statute, rule, regulation, or ordinance.
(5) The extent to which each party exercised actual and direct managerial control over the site where the hazardous substance or petroleum was released at the time of the release.
(6) Whether an award of reasonable costs, including attorney's fees, to a party involved in the environmental legal action is appropriate.
(7) Other equitable factors, including unjust enrichment, that the court determines are appropriate.
(b) Notwithstanding subsection (a), if parties have entered into a contract that allocates the costs or responsibility for the removal or remedial action, the terms of the contract control the allocation of costs between the parties to the contract. However, the terms of a contract may not affect the recovery of costs by the state unless the state is a signatory to the contract.
As added by P.L.59-1997, SEC.23.
2023 Indiana Code › Title 13. Environment › Article 30. Enforcement and Legal Actions › Chapter 9. Environmental Legal Actions › 13-30-9-4. Payment of Unrecovered Costs

Sec. 4. If the commissioner is not able to recover the total costs of a removal or remedial action from the responsible parties under this chapter, the unrecovered costs may be paid from the hazardous substances response trust fund established under IC 13-25-4-1.
As added by P.L.59-1997, SEC.23.
2023 Indiana Code › Title 13. Environment › Article 30. Enforcement and Legal Actions › Chapter 9. Environmental Legal Actions › 13-30-9-5. Defenses

Sec. 5. A defendant in an environmental legal action may assert defenses provided by law or equity, including a defense that damages suffered by the person who brought the environmental legal action were caused in whole or in part by a nonparty.
As added by P.L.59-1997, SEC.23.
2023 Indiana Code › Title 13. Environment › Article 30. Enforcement and Legal Actions › Chapter 9. Environmental Legal Actions › 13-30-9-6. Restrictions on Actions Involving Underground Storage Tanks

Sec. 6. In an action to recover costs associated with a release from an underground storage tank, a person may bring the action under:
(1) this chapter; or
(2) IC 13-23-13-8.
A person may not bring the action under both this chapter and IC 13-23-13-8.
As added by P.L.59-1997, SEC.23.
2023 Indiana Code › Title 13. Environment › Article 30. Enforcement and Legal Actions › Chapter 9. Environmental Legal Actions › 13-30-9-7. Immunity From Actions

Sec. 7. Notwithstanding any provision of this chapter, a person that receives a covenant not sue under IC 13-25-5-18 is exempt from suit as provided in IC 13-25-5-18.
As added by P.L.59-1997, SEC.23.
2023 Indiana Code › Title 13. Environment › Article 30. Enforcement and Legal Actions › Chapter 10. Crimes › 13-30-10-1. Offenses Involving Information

Sec. 1. (a) A person who knowingly or intentionally:
(1) makes a false material statement, representation, or certification in any form, notice, or report; or
(2) destroys, alters, conceals, withholds, or falsely certifies a record, report, plan or other document;
that is required to be filed or maintained under the terms of a permit issued by the department under IC 13-17 or IC 13-18 commits a Class B misdemeanor.
(b) A person who knowingly or intentionally tampers with, falsifies, or renders inaccurate or inoperative a recording or monitoring device or method, including the data gathered from the device or method, that is required to be maintained under a permit issued by the department under IC 13-17 or IC 13-18 commits a Class B misdemeanor.
(c) A person who knowingly or intentionally makes a false material statement or representation in any label, manifest, record, report, or other document that is required to be maintained or filed under a permit issued under IC 13-22 commits a Class B misdemeanor.
(d) Notwithstanding the maximum fine provisions of IC 35-50-3-3, criminal fines for a person convicted of an offense described in subsection (a) or (b) shall be assessable as follows:
(1) For a person regulated under IC 13-17, a fine in a maximum amount of not less than ten thousand dollars ($10,000) per day per violation, in accordance with the requirements of 40 CFR 70.11(a)(3).
(2) For a person regulated under IC 13-18, a fine in a maximum amount of not less than five thousand dollars ($5,000) per day per violation, in accordance with the requirements of 40 CFR 123.27(a)(3).
(e) Notwithstanding the maximum fine provisions of IC 35-50-3-3, criminal fines for a person convicted of an offense described in subsection (c) shall be assessable in a maximum amount of not less than ten thousand dollars ($10,000) per day per violation, in accordance with the requirements of 40 CFR 271.16(a)(3).
(f) The penalties under this section apply regardless of whether a person uses electronic submissions or paper documents to accomplish the actions described in this section.
As added by P.L.137-2007, SEC.31. Amended by P.L.114-2008, SEC.25; P.L.181-2018, SEC.13.
2023 Indiana Code › Title 13. Environment › Article 30. Enforcement and Legal Actions › Chapter 10. Crimes › 13-30-10-5. Criminal Penalties for Violating Underground Storage Tank Laws

Sec. 5. (a) A person who:
(1) operates an underground storage tank and knowingly, intentionally, or recklessly violates:
(A) the terms of a permit issued by the department that relates to the operation of an underground storage tank; or
(B) an Indiana statute that relates to the operation of an underground storage tank; and
(2) discharges a contaminant into the environment, if the discharge results in:
(A) a substantial risk of serious bodily injury;
(B) serious bodily injury to an individual;
(C) the death of a vertebrate animal; or
(D) damage to the environment that renders the environment unfit for human or vertebrate animal life, or causes damage to an endangered, an at risk, or a threatened species;
commits a Level 6 felony. However, the offense is a Level 5 felony if it results in the death of another person.
(b) It is a defense to a prosecution under this section that the person did not know and could not reasonably have been expected to know that the substance discharged into the environment was capable of causing a result described in subsection (a)(2).
(c) Notwithstanding IC 35-50-2-6(a), IC 35-50-2-7(a), or IC 35-50-3-2, the court may order a person convicted under this section to pay:
(1) a fine of at least five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000) for each day of violation; or
(2) if the person has a prior unrelated conviction for an offense under this title that may be punished as a felony, a fine of not more than one hundred thousand dollars ($100,000) for each day of violation.
In determining the amount of a fine imposed for a violation of this section, the court shall consider any improper economic benefit, including unjust enrichment, received by the defendant as a result of the unlawful conduct.
As added by P.L.137-2007, SEC.31. Amended by P.L.158-2013, SEC.197.