Sec. 1. Except as otherwise provided in this chapter, if a person: (1) constructed, reconstructed, modified, or operated a facility or source that emits or is capable of emitting into the atmosphere a regulated pollutant in an amount for which: (A) a registration; (B) a construction permit; or (C) an operating permit; is required under […]
Sec. 2. (a) All of the following conditions must be satisfied for a person to qualify for the exemption from liability established in section 1 of this chapter: (1) If the source is required to obtain a Title V operating permit, a complete permit application for a Title V operating permit, a FESOP, or an […]
Sec. 3. This chapter does not do any of the following: (1) Limit the scope of a person’s liability for criminal penalties or for civil penalties under IC 13-30-4, IC 13-30-5, and IC 13-30-8. (2) Excuse or prohibit enforcement of violations of any state or federal health based or technology based standard, including national primary […]
Sec. 4. An enforcement action that has been resolved or settled with the commissioner or any other person may not be reopened on the basis of this chapter. [Pre-1996 Recodification Citation: 13-10-4-1(e).] As added by P.L.1-1996, SEC.7.
Sec. 5. A private citizen, the commissioner, the governor, or the attorney general may initiate a civil action under: (1) IC 13-14-10-2; (2) IC 13-15-3-6; (3) IC 13-17-4; (4) IC 13-30-1-1 through IC 13-30-1-7; (5) IC 13-30-3-2 through IC 13-30-3-9; or (6) IC 32-30-6-7; whichever is applicable, to enjoin or abate emissions resulting from the […]
Sec. 6. The sole civil penalty for a failure to possess a permit or registration as described in section 1 of this chapter, regardless of the number of facilities identified in the application filed under section 2 of this chapter, is as follows: (1) For a person who submits a timely and complete Title V […]
Sec. 7. The limitation on liability provided under section 1 of this chapter only applies to an administrative or a judicial enforcement action brought against a person for failure to possess a valid state construction permit, operating permit, or registration. This chapter does not apply to any other type of violation. [Pre-1996 Recodification Citation: 13-10-4-1(h).] […]
Sec. 8. The board may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.1-1996, SEC.7.
