CHAPTER 2. POWERS OF DEPARTMENT
IC 13-14-2
Chapter 2. Powers of Department
IC 13-14-2-1
Orders and determinations by commissioner
Sec. 1. (a) The commissioner may issue orders and makedeterminations under this title.
(b) An order issued under this section may address multiple sitesfor the purpose of arranging for site investigations and theestablishment of priority of sites.
As added by P.L.1-1996, SEC.4.
IC 13-14-2-2
Entry upon private or public property for inspection by agent
Sec. 2. The department may have a designated agent, uponpresentation of proper credentials, enter upon private or publicproperty to inspect for and investigate possible violations of any ofthe following:
(1) Air pollution control laws.
(2) Water pollution control laws.
(3) Environmental management laws.
(4) IC 13-18-9.
(5) IC 13-18-10.
(6) IC 13-19-2.
(7) IC 13-19-3.
(8) Any rule adopted by one (1) of the boards.
As added by P.L.1-1996, SEC.4.
IC 13-14-2-3
Department to represent state in all matters pertaining toenvironmental protection
Sec. 3. The department may do the following:
(1) Represent the state in all matters pertaining to plans,procedures, or negotiations for interstate compacts or othergovernmental arrangements for environmental protection.
(2) Conduct, convoke, attend, or participate in official orunofficial conferences or hearings within or outside Indianaconcerning any matter within the scope of the power and dutiesof the boards or the department.
As added by P.L.1-1996, SEC.4.
IC 13-14-2-4
Acceptance of gifts or other funds
Sec. 4. The department may accept and receive, on behalf of thestate, any gifts or other money made available to the state from anysource for purposes of:
(1) this title; or
(2) other environmental protection activities, surveys, orprograms.
As added by P.L.1-1996, SEC.4.
IC 13-14-2-5
Contract for legal, professional, and other services
Sec. 5. The commissioner may employ or contract for the legal,professional, and other personnel and assistance that is necessary forthe efficient performance of duties imposed by this title.
As added by P.L.1-1996, SEC.4.
IC 13-14-2-6
Court actions by commissioner
Sec. 6. Except as provided in IC 13-14-6, the commissioner mayproceed in court, by appropriate action, to:
(1) enforce any final order of the commissioner or of one (1) ofthe boards;
(2) collect any penalties or fees;
(3) procure or secure compliance with this title or any other lawthat the department has the duty or power to enforce;
(4) procure compliance with any standard or rule of one (1) ofthe boards;
(5) enforce a restrictive covenant (as defined inIC 13-11-2-193.5) in accordance with the terms of the covenantif the covenant is:
(A) executed before July 1, 2009;
(B) approved by the commissioner; and
(C) created in connection with any:
(i) remediation;
(ii) closure;
(iii) cleanup;
(iv) corrective action; or
(v) determination exercising enforcement discretion or ofno further action being required;
approved by the department under this title; or
(6) enforce a restrictive covenant (as defined inIC 13-11-2-193.5) in accordance with the terms of the covenantif the covenant is:
(A) executed after June 30, 2009; and
(B) created in connection with any of the followingapproved by the department under this title:
(i) A remediation.
(ii) A closure.
(iii) A cleanup.
(iv) A corrective action.
(v) A determination exercising enforcement discretion orof no further action being required.
As added by P.L.1-1996, SEC.4. Amended by P.L.61-2001, SEC.1;P.L.78-2009, SEC.10.
IC 13-14-2-7
Orders to secure compliance; civil penalties
Sec. 7. Except as provided in IC 13-14-6, the commissioner mayissue orders to: (1) secure compliance with:
(A) this title; or
(B) any applicable rule of a board; and
(2) assess civil penalties.
As added by P.L.1-1996, SEC.4.
IC 13-14-2-8
Certain restrictive covenants not subject to department approval;department review and action on certain activities and land userestrictions
Sec. 8. (a) Subject to subsection (b), a restrictive covenantexecuted after June 30, 2009, is not subject to approval by thedepartment.
(b) The department shall:
(1) review; and
(2) approve, disapprove, or partially approve and partiallydisapprove;
activities and land use restrictions described in IC 13-11-2-193.5(2)that are proposed as part of a remediation, closure, cleanup,corrective action, or determination exercising enforcement discretionor of no further action being required to be included in a restrictivecovenant.
As added by P.L.78-2009, SEC.11. Amended by P.L.1-2010, SEC.61.