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.
13-30-1-6. 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, […]
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) […]
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 […]
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 […]
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.
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.] […]
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.
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 […]
13-30-2-1. Specific Acts Prohibited
Sec. 1. A person may not do any of the following: (1) Discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other sources, into: (A) the environment; or (B) any publicly owned treatment works; in any […]