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 […]
13-30-3-4. 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 […]
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 […]
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.
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) […]