CHAPTER 4. AIR POLLUTION EMERGENCIES

IC 13-17-4
    Chapter 4. Air Pollution Emergencies

IC 13-17-4-1
Public policy
    Sec. 1. The discharge into the outdoor atmosphere of aircontaminants that would cause air pollution and create a publicnuisance is contrary to the public policy of the state and this article.
As added by P.L.1-1996, SEC.7.

IC 13-17-4-2
Emergency risk
    Sec. 2. (a) Air pollution may at certain times and places soseriously affect the public health and so threaten the population as towarrant emergency powers to prevent or minimize disasters ofunforeseen proportions. If the commissioner determines, inconsultation with the commissioner of the state department of health,that air pollution in an area constitutes an unreasonable andemergency risk to the health and safety of those in the area, thatdetermination shall be immediately communicated to the governor.
    (b) The governor may, by proclamation, do the following:
        (1) Declare that an emergency exists.
        (2) Order all persons causing or contributing to the air pollutionto reduce or discontinue immediately the emission of aircontaminants.
As added by P.L.1-1996, SEC.7.

IC 13-17-4-3
Injunction
    Sec. 3. (a) Not more than twenty-four (24) hours after issuance ofa proclamation under section 2 of this chapter, the attorney general,at the request of the governor, shall initiate injunctive proceedings inthe appropriate court against each person causing or contributing tothe air pollution to:
        (1) stop the emission of contaminants causing the pollution; or
        (2) take other action that is necessary.
    (b) If the attorney general does not commence an action within thetwenty-four (24) hour period, the governor's proclamation becomesvoid.
As added by P.L.1-1996, SEC.7.