CHAPTER 2. EMERGENCY PLANNING AND NOTIFICATION
IC 13-25-2
Chapter 2. Emergency Planning and Notification
IC 13-25-2-1
Applicability of chapter
Sec. 1. Except as provided in sections 6 and 7 of this chapter, thischapter does not apply to:
(1) the transportation; or
(2) storage incident to transportation;
of any substance or chemical subject to this chapter, including thetransportation and distribution of natural gas.
As added by P.L.1-1996, SEC.15. Amended by P.L.63-1996, SEC.2.
IC 13-25-2-2
Applicability of chapter; designation of additional facilities
Sec. 2. (a) A substance is subject to this chapter if the substanceis on the list published under 42 U.S.C. 11002(a)(2).
(b) Except as provided in section 6 of this chapter, a facility issubject to this chapter if a substance on the list referred to insubsection (a) is present at the facility in an amount that exceeds thethreshold planning quantity established for the substance.
(c) For purposes of emergency planning, the Indiana emergencyresponse commission may designate additional facilities that aresubject to this chapter if the designation is made after public noticeand opportunity for comment. The commission shall notify a facilityaffected by a designation under this section.
As added by P.L.1-1996, SEC.15.
IC 13-25-2-3
Notice that facility is subject to requirements of chapter
Sec. 3. (a) The owner or operator of a facility subject to thischapter shall notify the commission that the facility is subject to thischapter.
(b) If:
(1) a substance on the list of substances referred to in section2(a) of this chapter becomes present at a facility in an amountthat exceeds the threshold planning quantity established for thesubstance; or
(2) there is a revision of the list referred to in section 2(a) ofthis chapter and the facility has present a substance on therevised list that exceeds the threshold planning quantityestablished for the substance;
the owner or operator of the facility shall notify the commission andthe appropriate local emergency planning committee that the facilityis subject to this chapter not later than sixty (60) days after theacquisition of the substance or the revision of the list.
As added by P.L.1-1996, SEC.15.
IC 13-25-2-4
Notice to administrator Sec. 4. The commission shall notify the administrator of thefacilities subject to this chapter by notifying the administrator of:
(1) each notification received from a facility under section 3 ofthis chapter; and
(2) each facility designated by the commission under section2(c) of this chapter.
As added by P.L.1-1996, SEC.15.
IC 13-25-2-5
Local emergency plan
Sec. 5. (a) A local emergency planning committee shall completethe preparation or review and update of a local emergency plan inaccordance with this section before October 17 of each year. Thelocal emergency planning committee shall review the plan:
(1) at least one (1) time each year; and
(2) more frequently if required by a change in circumstances inthe community or at a facility.
(b) A local emergency planning committee shall:
(1) evaluate the need for resources necessary to develop,implement, and exercise the local emergency plan; and
(2) make recommendations with respect to additional resourcesthat may be required and the means for providing the additionalresources.
(c) A local emergency plan must include the following:
(1) Identification of the following:
(A) Facilities subject to this chapter that are within theemergency planning district.
(B) Routes likely to be used for the transportation ofsubstances on the list of extremely hazardous substances.
(C) Additional facilities contributing to or subjected toadditional risk due to the proximity of the facilities tofacilities subject to this chapter, including hospitals ornatural gas facilities.
(2) Methods and procedures to be followed by facility ownersand operators and local emergency and medical personnel torespond to any release of substances.
(3) Designation of a community emergency coordinator andfacility emergency coordinators who shall make determinationsnecessary to implement the local emergency plan.
(4) Procedures providing reliable, effective, and timelynotification by the facility emergency coordinators and thecommunity emergency coordinator to:
(A) persons designated in the local emergency plan; and
(B) the public;
that a release has occurred consistent with the emergencynotification requirements of section 7 of this chapter.
(5) Methods for determining the occurrence of a release and thearea or population likely to be affected by the release.
(6) A description of emergency equipment and facilities in thecommunity and at each facility in the community subject to this
chapter and an identification of the persons responsible for theequipment and facilities.
(7) Evacuation plans, including provisions for a precautionaryevacuation and alternative traffic routes.
(8) Training programs, including schedules for training of localemergency response and medical personnel.
(9) Methods and schedules for exercising the emergency plan.
(d) For each facility subject to this chapter:
(1) the owner or operator of the facility shall notify:
(A) the emergency planning committee; or
(B) the commission if there is no emergency planningcommittee;
of a facility representative who will participate in theemergency planning process as a facility emergencycoordinator;
(2) the owner or operator of the facility shall promptly informthe emergency planning committee of any relevant changesoccurring at the facility as the changes occur or are expected tooccur; and
(3) upon request from the emergency planning committee, theowner or operator of the facility shall promptly provideinformation to the emergency planning committee necessary fordeveloping and implementing the emergency plan.
(e) After completion or update of a local emergency plan undersubsection (a) for an emergency planning district, the localemergency planning committee shall submit a copy of the localemergency plan to the commission. The commission shall review thelocal emergency plan and make recommendations to the localemergency planning committee on revisions of the local emergencyplan that may be necessary to ensure coordination of the localemergency plan with emergency response plans of other emergencyplanning districts. To the maximum extent practicable, the reviewmay not delay implementation of the local emergency plan.
As added by P.L.1-1996, SEC.15.
IC 13-25-2-6
Notice of release of substances
Sec. 6. (a) This section does not apply to any release that resultsin exposure to persons solely within the site or sites on which afacility is located.
(b) If:
(1) a release of an extremely hazardous substance occurs froma facility at which a hazardous chemical is produced, used, orstored; and
(2) the release requires a notification under 42 U.S.C. 9603(a);
the owner or operator of the facility shall immediately provide noticeas described in section 7 of this chapter.
(c) If a release of an extremely hazardous substance that is on thelist referred to in section 2 of this chapter occurs from a facility atwhich a hazardous chemical is produced, used, or stored and the
release is not subject to the notification requirements under 42U.S.C. 9603(a), the owner or operator of the facility shallimmediately provide notice as described in section 7 of this chapterif the release:
(1) is not a federally permitted release (as defined in 42 U.S.C.9601(10));
(2) is in an amount that exceeds a quantity that the administratorhas determined by regulation requires notice; and
(3) occurs in a manner that would require notification under 42U.S.C. 9603(a).
(d) If a release of a substance that is not on the list referred to insection 2 of this chapter occurs at a facility at which a hazardouschemical is produced, used, or stored, and the release requiresnotification under 42 U.S.C. 9603(a), the owner or operator shallprovide notice as follows:
(1) If a reportable quantity has been established for thesubstance under 42 U.S.C. 9602(a), the owner or operator shallprovide the notice as described in section 7 of this chapter.
(2) If a reportable quantity has not been established for thesubstance under 42 U.S.C. 9602(a), the owner or operator shallprovide the notice as described in section 7 of this chapter forany release of at least one (1) pound of the substance.
As added by P.L.1-1996, SEC.15.
IC 13-25-2-6.5
Evaluation of notification options; toll free telephone line to beprovided
Sec. 6.5. (a) The department shall work with interestedstakeholders, including the federal government, the general public,members of the general assembly, and businesses, to evaluate thefeasibility of simplifying and expediting notification underIC 13-25-2-6. Options to be evaluated include:
(1) connecting persons required to provide notice underIC 13-25-2-6 with the National Response Center; and
(2) recommending any appropriate changes in federal law.
(b) The department shall implement an option evaluated undersubsection (a) if the option:
(1) is practical to implement;
(2) is technically feasible;
(3) is economically feasible;
(4) is protective of human health and the environment; and
(5) would adequately serve persons required to provide noticeunder IC 13-25-2-6.
(c) The department shall provide a toll free long distancetelephone line through which a person required to provide noticeunder IC 13-25-2-6 may contact the office described in IC 13-13-3-1of this chapter.
As added by P.L.126-1996, SEC.5.
IC 13-25-2-7 Notice from owner or operator
Sec. 7. (a) The owner or operator of the facility shall give thenotice required by section 6 of this chapter immediately after therelease to the following:
(1) The community emergency coordinator for the appropriatelocal emergency planning committees for any area likely to beaffected by the release.
(2) The commission.
(3) The state emergency planning commission of any other statelikely to be affected by the release.
(b) If a substance that is subject to the reporting requirementsunder this section is being transported or is being stored incident tobeing transported, the notice requirements of this section may besatisfied by:
(1) dialing the local 911 emergency telephone number; or
(2) if a local 911 emergency telephone number is not available,calling the telephone operator.
(c) The notice required by section 6 of this chapter must includeeach of the following to the extent known at the time of the noticeand if no delay in responding to the emergency results:
(1) The chemical name or identity of any substance involved inthe release.
(2) An indication of whether the substance is on the list referredto in section 2 of this chapter.
(3) An estimate of the quantity of any substance that wasreleased into the environment.
(4) The time and duration of the release.
(5) The medium or media into which the release occurred.
(6) Any known or anticipated acute or chronic health risksassociated with the emergency and, where appropriate, adviceregarding medical attention necessary for exposed individuals.
(7) Proper precautions to take as a result of the release,including evacuation, unless the information is readily availableto the community emergency coordinator under the localemergency plan.
(8) The name and telephone number of persons to be contactedfor additional information.
(d) As soon as practicable after a release that requires notice bysection 6 of this chapter, the owner or operator shall provide writtenfollow-up emergency notices that include and update the informationrequired by this section, including additional information withrespect to the following:
(1) Actions taken to respond to and contain the release.
(2) Any known or anticipated acute or chronic health risksassociated with the release.
(3) If appropriate, advice regarding medical attention necessaryfor exposed individuals.
As added by P.L.1-1996, SEC.15.
IC 13-25-2-8 Material safety data sheet
Sec. 8. (a) The owner or operator of a facility that is required toprepare or have available a material safety data sheet for a hazardouschemical under the federal Occupational Safety and Health Act (29U.S.C. 651 through 658) and regulations adopted under the Act shallsubmit a material safety data sheet for each chemical or, preferably,a list of chemicals described in subsection (b) to each of thefollowing:
(1) The appropriate local emergency planning committee.
(2) The commission.
(3) The fire department that has jurisdiction over the facility.
(b) The list of chemicals referred to in subsection (a) includes thefollowing:
(1) A list of the hazardous chemicals for which a material safetydata sheet is required under the federal Occupational Safety andHealth Act (29 U.S.C. 651 through 658) and regulationsadopted under the Act grouped:
(A) in categories of health and physical hazards as set forthin the federal Occupational Safety and Health Act (29 U.S.C.651 through 658) and regulations adopted under the Act; or
(B) in other categories as the administrator may establishunder 42 U.S.C. 11021.
(2) The chemical name or the common name of each chemicalas provided on the material safety data sheet.
(3) Any hazardous component of each chemical as provided onthe material safety data sheet.
(c) An owner or operator may meet the requirements of thissection with respect to a hazardous chemical that is a mixture bydoing one (1) of the following:
(1) Submitting a material safety data sheet for, or identifying ona list, each element or compound in the mixture that is ahazardous chemical. If more than one (1) mixture has the sameelement or compound, only one (1) material safety data sheet orone (1) listing of the element or compound is necessary.
(2) Submitting a material safety data sheet for, or identifying ona list, the mixture.
(d) If an owner or operator of a facility submits a list of chemicalsunder subsection (a), the owner or operator, upon request by the localemergency planning committee, shall submit the material safety datasheet for any chemical on the list to the committee.
(e) A local emergency planning committee, upon request by anyperson, shall make available a material safety data sheet to the personin accordance with section 14 of this chapter. If the local emergencyplanning committee does not have the requested material safety datasheet, the committee shall request the sheet from the facility owneror operator and then make the sheet available to the person inaccordance with section 14 of this chapter.
(f) The initial material safety data sheet or list required by thissection with respect to a hazardous chemical shall be provided notlater than three (3) months after the date the owner or operator of a
facility is required to prepare or have available a material safety datasheet for the chemical under the federal Occupational Safety andHealth Act (29 U.S.C. 651 through 658) and regulations adoptedunder the Act.
(g) A revised sheet shall be provided to a local emergencyplanning committee not later than three (3) months after the date ofa discovery by an owner or operator of significant new informationconcerning an aspect of a hazardous chemical for which a materialsafety data sheet was previously submitted to the local emergencyplanning committee under subsection (a).
As added by P.L.1-1996, SEC.15.
IC 13-25-2-9
Emergency and hazardous chemical inventory form
Sec. 9. (a) The owner or operator of a facility that is required toprepare or have available a material safety data sheet for a hazardouschemical under the federal Occupational Safety and Health Act (29U.S.C. 651 through 658) and regulations adopted under the Act shallprepare and submit an emergency and hazardous chemical inventoryform to each of the following:
(1) The appropriate local emergency planning committee.
(2) The commission.
(3) The fire department that has jurisdiction over the facility.
(b) The inventory form containing tier I information as describedin subsection (e):
(1) shall be submitted before March 1 of each year; and
(2) must contain data with respect to the preceding year;
unless an owner or operator provides, before March 1 and withrespect to the same year, tier II information as described in section10(a) of this chapter to the recipients described in subsection (a).
(c) An owner or operator may meet the requirements of thissection and section 10 of this chapter with respect to a hazardouschemical that is a mixture by doing one (1) of the following:
(1) Providing information on the inventory form on eachelement or compound in the mixture that is a hazardouschemical. If more than one (1) mixture has the same element orcompound, only one (1) listing on the inventory form for theelement or compound at the facility is necessary.
(2) Providing information on the inventory form on the mixture.
(d) A hazardous chemical for which a material safety data sheetor a listing is required by section 8 of this chapter is subject to thissection and section 10 of this chapter.
(e) An inventory form must contain the following tier Iinformation in aggregate terms for hazardous chemicals in categoriesof health and physical hazards as set forth under the federalOccupational Safety and Health Act (29 U.S.C. 651 through 658) andregulations adopted under the Act:
(1) An estimate in ranges of the maximum amount of hazardouschemicals in each category present at the facility at any timeduring the preceding year. (2) An estimate in ranges of the average daily amount ofhazardous chemicals in each category present at the facilityduring the preceding year.
(3) The general location of hazardous chemicals in eachcategory.
As added by P.L.1-1996, SEC.15.
IC 13-25-2-10
Emergency and hazardous chemical inventory form; tier IIinformation
Sec. 10. (a) An inventory form must provide the followingadditional tier II information for each hazardous chemical present atthe facility only upon request and in accordance with subsection (b):
(1) The chemical name or the common name of the chemical asprovided on the material safety data sheet.
(2) An estimate in ranges of the maximum amount of thehazardous chemical present at the facility at any time during thepreceding year.
(3) An estimate in ranges of the average daily amount of thehazardous chemical present at the facility during the precedingyear.
(4) A brief description of the manner of storage of thehazardous chemical.
(5) The location at the facility of the hazardous chemical.
(6) An indication of whether the owner of the facility elects towithhold location information of a specific hazardous chemicalfrom disclosure to the public under section 14 of this chapter.
(b) Upon the request of:
(1) the commission;
(2) a local emergency planning committee; or
(3) a fire department with jurisdiction over a facility;
the owner or operator of a facility shall provide tier II information asdescribed in subsection (a) to the person making the request. Arequest must be made with respect to a specific facility.
(c) A state or local official acting in the official's capacity mayhave access to tier II information by submitting a request to thecommission or a local emergency planning committee. Upon receiptof a request for tier II information, the commission or committeeshall request the facility owner or operator to provide the tier IIinformation and make the information available to the official.
(d) A person may make a request to the commission or a localemergency planning committee for tier II information relating to thepreceding year with respect to a facility. The request must be inwriting and must be made with respect to a specific facility.
(e) Any tier II information that the commission or a localemergency planning committee possesses shall be made available toa person making a request under this section in accordance withsection 14 of this chapter. If the commission or local emergencyplanning committee does not possess the tier II informationrequested, the commission or local emergency planning committee
shall request the facility owner or operator to:
(1) provide the tier II information with respect to a hazardouschemical that a facility has stored in an amount of at least tenthousand (10,000) pounds present at the facility at any timeduring the preceding year; and
(2) make the information available in accordance with section14 of this chapter;
to the person making the request.
(f) For tier II information that is not in the possession of thecommission or a local emergency planning committee with respectto a hazardous chemical that a facility has stored in an amount thatis less than ten thousand (10,000) pounds at the facility at any timeduring the preceding year, a request from a person must include astatement specifying the general need for the information. Thecommission or local emergency planning committee may request thefacility owner or operator for the tier II information on behalf of theperson making the request. Upon receipt of any informationrequested on behalf of the person, the commission or localemergency planning committee shall make the information availablein accordance with section 14 of this chapter to the person.
(g) The commission or a local emergency planning committeeshall respond to a request for tier II information under this sectionnot later than seven (7) days after the date the request is received.
As added by P.L.1-1996, SEC.15.
IC 13-25-2-11
Fire department; access for onsite inspection; notice of locationinformation
Sec. 11. Upon the request of the fire department that hasjurisdiction over a facility that files an inventory form under section9 of this chapter, the owner or operator of the facility shall:
(1) allow the fire department to conduct an onsite inspection ofthe facility; and
(2) provide to the fire department specific location informationon hazardous chemicals at the facility.
As added by P.L.1-1996, SEC.15.
IC 13-25-2-12
Permission to withhold chemical name and identity information
Sec. 12. A person required under section 5(d)(2), 5(d)(3), 8, 9, 10,or 11 of this chapter to submit information to any other person maywithhold from the information the specific chemical identity,including the chemical name and other specific identification asprovided in 42 U.S.C. 11042 and regulations adopted by theadministrator under 42 U.S.C. 11042.
As added by P.L.1-1996, SEC.15.
IC 13-25-2-13
Duty to release chemical identity information
Sec. 13. (a) An owner or operator of a facility that is subject to the
requirements of section 8, 9, 10, or 11 of this chapter shall providethe specific chemical identity, if known, of a hazardous chemical orextremely hazardous substance to any health professional whorequests the information in writing if the health professional providesa written statement of need under this section and a writtenconfidentiality agreement under subsection (e). The written statementof need must specify that the health professional has a reasonablebasis to suspect that:
(1) the information is needed for purposes of diagnosis ortreatment of an individual;
(2) the individual or individuals being diagnosed or treated havebeen exposed to the chemical concerned; and
(3) knowledge of the specific chemical identity of the chemicalwill assist in diagnosis or treatment.
After receiving a written request under this subsection, the owner oroperator to whom the request is made shall promptly provide therequested information to the health professional. Except as providedunder subsection (e), the authority to withhold the specific chemicalidentity of a chemical under section 12 of this chapter when theinformation is a trade secret does not apply to information requiredto be provided under this subsection.
(b) An owner or operator of a facility that is subject to therequirements of section 8, 9, 10, or 11 of this chapter shall providea copy of a material safety data sheet or an inventory form, includingthe specific chemical identity, if known, of a hazardous chemical orextremely hazardous substance to any treating physician or nursewho requests the information if the physician or nurse determinesthat:
(1) a medical emergency exists;
(2) the specific chemical identity of the chemical concerned isnecessary for or will assist in emergency or first-aid diagnosisor treatment; and
(3) the individual or individuals being diagnosed or treated havebeen exposed to the chemical concerned.
Immediately after receiving a request under this subsection, theowner or operator to whom the request is made shall provide therequested information to the physician or nurse. The authority towithhold the specific chemical identity of a chemical from a materialsafety data sheet or an inventory form under section 12 of thischapter when the information is a trade secret does not apply toinformation required to be provided to a treating physician or nurseunder this subsection. A written confidentiality agreement orstatement of need is not required as a precondition of the disclosure.However, the owner or operator disclosing the information mayrequire a written confidentiality agreement in accordance withsubsection (e) and a statement setting forth the items listed insubdivisions (1) through (3) as soon as circumstances permit.
(c) An owner or operator of a facility subject to the requirementsof section 8, 9, 10, or 11 of this chapter shall provide the specificchemical identity, if known, of a hazardous chemical or an extremely
hazardous substance to any health professional, including aphysician, toxicologist, or epidemiologist who:
(1) is a local government employee or a person under contractwith the local government; and
(2) requests the information in writing and provides a writtenstatement of need under subsection (d) and a writtenconfidentiality agreement under subsection (e).
After receiving a written request under this subsection, the owner oroperator to whom the request is made shall promptly provide therequested information to the local health professional. Except asprovided in subsection (e), the authority to withhold the specificchemical identity of a chemical under section 12 of this chapter whenthe information is a trade secret does not apply to informationrequired to be provided under this subsection.
(d) The written statement of need described in subsection (c) mustdescribe with reasonable detail at least one (1) of the followinghealth needs for the information:
(1) To assess exposure of persons living in a local communityto the hazards of the chemical concerned.
(2) To conduct or assess sampling to determine exposure levelsof various population groups.
(3) To conduct periodic medical surveillance of exposedpopulation groups.
(4) To provide medical treatment to exposed individuals orpopulation groups.
(5) To conduct studies to determine the health effects ofexposure.
(6) To conduct studies to aid in the identification of a chemicalthat may reasonably be anticipated to cause an observed healtheffect.
(e) A person who obtains information under subsection (a) or (c)shall, in accordance with subsection (a) or (c), agree in a writtenconfidentiality agreement that the person will not use the informationfor any purpose other than the health needs asserted in the statementof need, except as may otherwise be authorized by the terms of theagreement or by the person providing the information. Thissubsection does not preclude the parties to a confidentialityagreement from pursuing any remedy to the extent permitted by law.
As added by P.L.1-1996, SEC.15.
IC 13-25-2-14
Disclosure to general public
Sec. 14. (a) An emergency response plan, material safety datasheet, list of chemicals described in section 8(b) of this chapter,inventory form, and follow-up emergency notice shall be madeavailable to the general public during normal working hours at thelocation or locations designated by the commission or localemergency planning committee, as appropriate. Upon request by anowner or operator of a facility subject to the requirements of sections9 through 10 of this chapter, the commission and the appropriate
local emergency planning committee shall withhold from disclosureunder this section the location of any specific chemical required bysection 10(a) of this chapter to be contained in an inventory form astier II information.
(b) A local emergency planning committee shall annually publisha notice in local newspapers stating that the emergency responseplan, material safety data sheets, and inventory forms have beensubmitted under this section. The notice must:
(1) state that follow-up emergency notices may subsequently beissued; and
(2) announce that members of the public who desire to review:
(A) an emergency response plan;
(B) a material safety data sheet;
(C) an inventory form; or
(D) a follow-up notice;
may do so at the location designated under subsection (a).
As added by P.L.1-1996, SEC.15.
IC 13-25-2-15
Civil actions by persons
Sec. 15. (a) A person may commence a civil action on the person'sbehalf against the following:
(1) An owner or operator of a facility, for failure to do any ofthe following:
(A) Submit a follow-up emergency notice under section 7(d)of this chapter.
(B) Submit a material safety data sheet or a list under section8 of this chapter.
(C) Complete and submit an inventory form under section 9of this chapter containing tier I information as described insection 9 of this chapter unless the requirement does notapply under section 9(b) of this chapter.
(2) The commission, for failure to provide a mechanism forpublic availability of information in accordance with section 14of this chapter.
(3) The commission, for failure to respond to a request for tierII information under section 10 of this chapter not later than onehundred twenty (120) days after the date the request is received.
(b) An action under subsection (a) against an owner or operatorof a facility must be brought in a court having jurisdiction.
(c) A court has jurisdiction in actions brought under subsection(a) against an owner or operator of a facility to:
(1) enforce the requirement concerned; and
(2) impose any civil penalty provided for violation of therequirement.
(d) An action may not be commenced under subsection (a)(1)(A)until at least sixty (60) days after the date the plaintiff gives noticeof the alleged violation to the state and the alleged violator. Noticemust be given in the manner prescribed by the administrator underregulations adopted under 42 U.S.C. 11001 et seq. (e) An action may not be commenced under subsection (a)(1)(B)or (a)(1)(C) until at least sixty (60) days after the date the plaintiffgives notice to the commission that the plaintiff will commence theaction. Notice must be given in a manner prescribed by theadministrator under regulations adopted under 42 U.S.C. 11001 etseq.
(f) An action may not be commenced under subsection (a) againstan owner or operator of a facility if the administrator has commencedand is diligently pursuing an administrative order or a civil action to:
(1) enforce the requirement concerned; or
(2) impose a civil penalty under 42 U.S.C. 11001 et seq.
As added by P.L.1-1996, SEC.15.
IC 13-25-2-16
Civil actions by state or unit of local government
Sec. 16. The state or a unit of local government may commencea civil action against an owner or operator of a facility for failure todo any of the following:
(1) Provide notification to the emergency response commissionunder section 3 of this chapter.
(2) Submit a material safety data sheet or a list under section 8of this chapter.
(3) Make available information requested under section 8 of thischapter.
(4) Complete and submit an inventory form under section 9 ofthis chapter containing tier I information unless the requirementdoes not apply under section 9(b) of this chapter.
As added by P.L.1-1996, SEC.15.
IC 13-25-2-17
Civil actions by commission or local emergency planningcommittee
Sec. 17. The commission or a local emergency planningcommittee may commence a civil action against an owner or operatorof a facility for failure to:
(1) provide information under section 5(d) of this chapter; or
(2) submit tier II information under section 10 of this chapter.
As added by P.L.1-1996, SEC.15.
IC 13-25-2-18
Costs, attorney's fees and expert witness fees; enforcement underfederal or state law; intervention
Sec. 18. (a) A court, in issuing a final order in an action broughtunder section 15, 16, or 17 of this chapter, may award costs oflitigation, including reasonable attorney's fees and expert witnessfees, to the prevailing or the substantially prevailing party if the courtdetermines that the award is appropriate.
(b) Sections 15, 16, and 17 of this chapter do not restrict orexpand any right that a person may have under federal or state lawto seek enforcement of a requirement or to seek other relief. (c) In an action brought under section 15, 16, or 17 of this chapter,the state, if the state is not a party, may intervene as a matter of right.
(d) In an action brought under section 15, 16, or 17 of thischapter, a person may intervene as a matter of right if:
(1) the person has a direct interest that is or may be adverselyaffected by the action; and
(2) the disposition of the action may impair or impede theperson's ability to protect that interest;
unless the state shows that the person's interest is adequatelyrepresented by existing parties to the action.
As added by P.L.1-1996, SEC.15.