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: […]
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 […]
13-30-4-1. 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 […]
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 […]
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 […]
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) […]