CHAPTER 10. GENERAL EMERGENCY PROCEDURES
IC 13-14-10
Chapter 10. General Emergency Procedures
IC 13-14-10-1
Emergency order; notice; compliance
Sec. 1. (a) Whenever the commissioner concludes, in consultationwith the commissioner of the state department of health, thatcontamination of air, water, or land in any area has reached the pointwhere the contamination constitutes a clear and present danger to thehealth and safety of persons in any area, the commissioner'sdetermination shall be immediately communicated to the governor.The commissioner, in concert with the commissioner of the statedepartment of health, shall request the governor to declare that anemergency exists.
(b) The governor may:
(1) proclaim the existence of an emergency; and
(2) order all persons causing or contributing to the causing ofthe contamination to reduce or discontinue immediately theemission or discharge of contaminants.
(c) Notice of an emergency order must be in writing whereverpracticable. However, if the governor considers that written notice isnot practicable, the governor may give notice in the mannerdetermined by the governor.
(d) A person against whom an emergency order of the governorhas been issued shall, upon receiving notice of the order,immediately comply with the provisions of the order.
(e) The governor may enforce an order by any appropriate action.
(f) The procedures for emergency orders provided for in thissection are governed by IC 4-21.5-4.
As added by P.L.1-1996, SEC.4.
IC 13-14-10-2
Suit on behalf of state to restrain person contributing to pollution
Sec. 2. (a) Upon receipt of evidence that a pollution source orcombination of sources, including an industrial user of a publiclyowned treatment plant, is presenting an imminent and substantialendangerment 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), thecommissioner shall bring suit on behalf of the state in the appropriatecourt to:
(1) immediately restrain any person causing or contributing tothe alleged pollution to stop the discharge or introduction ofcontaminants 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
chapter; and
(2) notwithstanding any other provision of this title.
As added by P.L.1-1996, SEC.4.
IC 13-14-10-3
Emergency assistance
Sec. 3. (a) The commissioner may order and provide assistance toabate or remedy an emergency, on private or public property, causedby the discharge or impending discharge of any contaminant into oron the air, land, or waters of Indiana that poses an imminent andsubstantial 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 theemergency:
(A) cannot be determined or located; or
(B) has refused or failed to take prompt and effective actionto abate or remedy the emergency.
(b) For the purpose of this section, the commissioner may requestthe direct purchase of supplies, materials, services, and equipmentfor immediate use under IC 5-22-10-4.
(c) In addition to any civil or criminal penalties under theenvironmental management laws the department may recover thecost of assistance provided under this section from any personresponsible for the emergency by commencing a civil action in anycourt of competent jurisdiction. Officials who collect money underthis subsection shall remit the money to the treasurer of state. Themoney shall be deposited in the environmental management specialfund created by IC 13-14-12.
(d) The department may accept on behalf of the state anyreimbursement for assistance provided under this section from thefederal government. The reimbursements shall be remitted to thetreasurer of state for deposit in the environmental managementspecial fund created by IC 13-14-12.
(e) Notwithstanding any other provisions of this title, the authoritygranted 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.