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.
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.
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 […]
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 […]
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 […]
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 […]
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.
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. […]
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) […]
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 […]