CHAPTER 1. PURPOSE, POLICY, AND GOAL OF STATUTE

IC 13-19

    ARTICLE 19. SOLID WASTE AND HAZARDOUS
WASTE MANAGEMENT GENERALLY



IC 13-19-1

    

Chapter 1. Purpose, Policy, and Goal of Statute

IC 13-19-1-1

Policy

    

Sec. 1. The policy of the state is that:

        (1) source reduction;

        (2) recycling; and

        (3) other solid waste management alternatives;

are preferred over incineration and landfill disposal as solid waste
management methods.

As added by P.L.1-1996, SEC.9.

IC 13-19-1-2

Reduction goal

    

Sec. 2. The goal of the state is to reduce the amount of solid waste
incinerated and disposed of in landfills in Indiana by:

        (1) thirty-five percent (35%) before January 1, 1996; and

        (2) fifty percent (50%) before January 1, 2001;

through the application and encouragement of solid waste source
reduction, recycling, and other alternatives to incineration and
landfill disposal.

As added by P.L.1-1996, SEC.9.

IC 13-19-1-3

Differential treatment; injunctive relief

    

Sec. 3. (a) The state may not impose differential treatment against
solid waste involved in interstate commerce unless:

        (1) authorized by federal law;

        (2) differential treatment of solid waste in interstate commerce
equalizes financial, regulatory, or enforcement burdens among:

            (A) persons engaged in or benefitting from the interstate
commerce; or

            (B) any other group of persons; or

        (3) the differential treatment serves a legitimate state purpose
that could not be served as well by reasonably available means
that did not impose differential treatment.

    (b) A court may enjoin a violation of this section but may not
award monetary damages or attorney's fees against any of the
following:

        (1) The state.

        (2) A state agency.

        (3) An officer or employee of the state.

As added by P.L.1-1996, SEC.9.