Suit on behalf of state to restrain person contributing to pollution
Sec. 2. (a) Upon receipt of evidence that a pollution source or combination of sources, including an industrial user of a publicly owned treatment plant, is presenting an imminent and substantial endangerment to:
(1) the health of persons; or
(2) the welfare of persons whose livelihood is endangered;
the commissioner shall bring suit under subsection (b).
(b) Upon the receipt of evidence under subsection (a), the commissioner shall bring suit on behalf of the state in the appropriate court to:
(1) immediately restrain any person causing or contributing to the alleged pollution to stop the discharge or introduction of contaminants causing or contributing to the pollution; or
(2) take other necessary action.
(c) The duty of the commissioner to bring suit under subsection (a) is:
(1) in addition to the authority contained in section 1 of this
(2) notwithstanding any other provision of this title.
As added by P.L.1-1996, SEC.4.
Sec. 3. (a) The commissioner may order and provide assistance to abate or remedy an emergency, on private or public property, caused by the discharge or impending discharge of any contaminant into or on the air, land, or waters of Indiana that poses an imminent and substantial danger to public health or the environment whenever:
(1) the assistance must be immediate to be efficacious; and
(2) any person responsible for abatement or remedying the emergency:
(A) cannot be determined or located; or
(B) has refused or failed to take prompt and effective action to abate or remedy the emergency.
(b) For the purpose of this section, the commissioner may request the direct purchase of supplies, materials, services, and equipment for immediate use under IC 5-22-10-4.
(c) In addition to any civil or criminal penalties under the environmental management laws the department may recover the cost of assistance provided under this section from any person responsible for the emergency by commencing a civil action in any court of competent jurisdiction. Officials who collect money under this subsection shall remit the money to the treasurer of state. The money shall be deposited in the environmental management special fund created by IC 13-14-12.
(d) The department may accept on behalf of the state any reimbursement for assistance provided under this section from the federal government. The reimbursements shall be remitted to the treasurer of state for deposit in the environmental management special fund created by IC 13-14-12.
(e) Notwithstanding any other provisions of this title, the authority granted under this section:
(1) is in addition to; and
(2) may be exercised independently of;
any other authority contained in this chapter.
As added by P.L.1-1996, SEC.4. Amended by P.L.49-1997, SEC.47.