IC 13-30
    ARTICLE 30. ENFORCEMENT AND LEGALACTIONS

IC 13-30-1
    Chapter 1. Standing to Sue for Declaratory and Equitable Reliefin the Name of the State

IC 13-30-1-1
Declaratory or equitable relief in name of state
    Sec. 1. Under this chapter:
        (1) the attorney general;
        (2) a state, city, town, county, or local agency or officer vestedwith the authority to seek judicial relief;
        (3) a citizen of Indiana; or
        (4) a corporation, a limited liability company, a partnership, oran association maintaining an office in Indiana;
may bring an action for declaratory and equitable relief in the nameof the state of Indiana against an individual, a partnership, acopartnership, a firm, a company, a corporation, a limited liabilitycompany, an association, a joint stock company, a trust, an estate, astate agency or an officer of the state, a city, a town, a county, a localgovernmental unit, an agency, or an official of a city, a town, acounty, a local governmental unit, or an agency, or any other legalentity or their legal representative, agent, or assigns for the protectionof the environment of Indiana from significant pollution, impairment,or destruction.
As added by P.L.1-1996, SEC.20.

IC 13-30-1-2
Notice
    Sec. 2. (a) A citizen, a partnership, a corporation, a limitedliability company, an association, or a public officer or agency, as acondition precedent to maintaining an action, must give notice inwriting by registered or certified mail to:
        (1) the department of natural resources;
        (2) the department; and
        (3) the attorney general.
    (b) The attorney general shall promptly notify all stateadministrative agencies having jurisdiction over or control of thepollution, impairment, destruction, or protection of the environmentfor which relief is sought.
As added by P.L.1-1996, SEC.20.

IC 13-30-1-3
Maintenance of action; agency not required to be joined as party
    Sec. 3. (a) An individual or entity that is identified in section 1(2)through 1(4) of this chapter and that brings an action under section1 of this chapter may not maintain the action unless:        (1) none of the agencies that receives notice of the action undersection 2 of this chapter:
            (A) commences an administrative proceeding or a civilaction on the alleged pollution, impairment, or destructionnot later than ninety (90) days after receiving notice undersection 2 of this chapter; or
            (B) takes steps not later than ninety (90) days after receivingnotice under section 2 of this chapter to have a criminalprosecution commenced on the alleged pollution,impairment, or destruction; or
        (2) the agency that commences an administrative proceeding ora civil action on the alleged pollution, impairment, ordestruction does not diligently pursue the administrativeproceeding or civil action after the administrative proceeding orcivil action is commenced.
    (b) The agency does not have to be joined as a party in an actionunder this section.
As added by P.L.1-1996, SEC.20.

IC 13-30-1-4
Hearing; final determination; appeal
    Sec. 4. If the administrative agency that has jurisdiction and thatis given notice by the attorney general under section 2 of thischapter:
        (1) holds a hearing; and
        (2) makes a final determination;
after receiving the notice, an appeal from the agency's action may betaken in the manner prescribed by law.
As added by P.L.1-1996, SEC.20.

IC 13-30-1-5
Intervention
    Sec. 5. In an administrative, a licensing, or any other proceeding,and in an action for judicial review of an administrative, a licensing,or any other proceeding that is made available by law:
        (1) the attorney general;
        (2) a state, city, town, county, or local agency or officer vestedwith the authority to seek judicial relief;
        (3) a citizen of Indiana; or
        (4) a corporation, a limited liability company, a partnership, oran association maintaining an office in Indiana;
shall be permitted to intervene as a party upon the filing of a verifiedpleading asserting that the proceeding or action for judicial reviewinvolves conduct, programs, or products that may have the effect ofsignificantly impairing, polluting, or destroying the environment ofIndiana.
As added by P.L.1-1996, SEC.20.

IC 13-30-1-6
Consideration of impairment, pollution, or destruction of

environment
    Sec. 6. In the administrative, licensing, or other procedure, theagency shall consider the alleged significant impairment, pollution,or destruction of the environment of Indiana. A program, a product,or conduct that:
        (1) has; or
        (2) is reasonably likely to have;
the effect of impairing, polluting, or destroying the environment maynot be authorized, approved, or permitted to continue if there is afeasible and prudent alternative consistent with the reasonablerequirements of the public health, safety, and welfare.
As added by P.L.1-1996, SEC.20.

IC 13-30-1-7
Judicial review
    Sec. 7. In an action for judicial review of proceedings describedin section 4 of this chapter, the court shall, in addition to other dutiesimposed upon the court by law, grant review of claims that theconduct, program, or product under review:
        (1) has impaired, significantly polluted, or destroyed theenvironment of Indiana; or
        (2) is reasonably likely to impair, significantly pollute, ordestroy the environment of Indiana.
As added by P.L.1-1996, SEC.20.

IC 13-30-1-8
Respondent's burden
    Sec. 8. (a) In an action under this chapter, whenever the petitionerhas made a prima facie showing that the conduct of the respondenthas or is reasonably likely to impair, pollute, or destroy theenvironment of Indiana, the respondent has the burden ofestablishing the following:
        (1) If there is an applicable rule adopted by a state agencysetting standards for pollution, impairment, or destruction, orfor antipollution devices, the respondent has the burden ofestablishing compliance with the rule, which constitutes a primafacie defense to petitioner's claim.
        (2) If there is not an applicable rule, the respondent has theburden of establishing that:
            (A) there is no feasible and prudent alternative; and
            (B) the conduct, program, or product at issue is consistentwith and reasonably required for the promotion of the publichealth, safety, and welfare in light of the state's paramountconcern for the protection of the environment frompollution, impairment, or destruction.
    (b) Upon the respondent establishing the proof under subsection(a):
        (1) the respondent is considered to have rebutted the prima facieshowing; and
        (2) the petitioner has the burden of going forward with the

evidence.
As added by P.L.1-1996, SEC.20.

IC 13-30-1-9
Venue
    Sec. 9. An action under this chapter must be brought in a circuitor superior court in the county in which the significant pollution,impairment, or destruction is alleged to have occurred.
As added by P.L.1-1996, SEC.20.

IC 13-30-1-10
Master or referee; appointment
    Sec. 10. The court may appoint a master or referee, who must bea disinterested person and technically qualified, to take testimonyand make a report to the court in the action. The costs of the masteror referee may be apportioned to the parties if the interests of justicerequire.
As added by P.L.1-1996, SEC.20.

IC 13-30-1-11
Temporary and permanent equitable relief
    Sec. 11. The court may:
        (1) grant temporary and permanent equitable relief; or
        (2) impose the conditions upon the respondent that are requiredto protect the environment of the state from pollution,impairment, and destruction.
As added by P.L.1-1996, SEC.20.

IC 13-30-1-12
Failure to intervene; effect
    Sec. 12. (a) In an action in which a petitioner or an intervenorseeking judicial adjudication as provided by this chapter has failedto intervene in an administrative, a licensing, or other similarproceeding, the court may:
        (1) remit the petitioner or intervenor to the proceeding foramplification of the record in the proceeding; and
        (2) order the granting of intervention and the granting of reviewin the proceeding as provided in of this chapter.
    (b) However, if:
            (1) intervention was available in the proceeding; and
            (2) the petitioner or intervenor seeking judicial adjudicationunder this chapter willfully and inexcusably refusedintervention in the proceeding;
the court may dismiss the action with prejudice to the petitioner orintervenor.
As added by P.L.1-1996, SEC.20.