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 […]
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 […]
13-30-1-4. 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 […]
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 […]
13-30-1-5. 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 […]
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 […]