IC 13-30-3
    Chapter 3. Investigation of Violations; AdministrativeProceedings and Orders

IC 13-30-3-1
Investigations; initiation
    Sec. 1. The commissioner or a designated member of the staff ofthe department may initiate an investigation on receipt of informationof an alleged violation of any of the following:
        (1) Environmental management laws.
        (2) Air pollution control laws.
        (3) Water pollution control laws.
        (4) IC 36-9-30-35.
        (5) A rule or standard adopted under the following:
            (A) Environmental management laws.
            (B) Air pollution control laws.
            (C) Water pollution control laws.
As added by P.L.1-1996, SEC.20.

IC 13-30-3-2
Procedures
    Sec. 2. If an investigation discloses a possible violation, thecommissioner shall proceed under:
        (1) section 3 of this chapter; or
        (2) first section 3 of this chapter and then section 4 of thischapter.
As added by P.L.1-1996, SEC.20.

IC 13-30-3-3
Notice of violation; offer of opportunity to enter into agreed order;failure to enter into agreed order
    Sec. 3. (a) The commissioner shall:
        (1) notify the alleged violator in writing that the commissionerbelieves a violation may exist; and
        (2) offer the alleged violator an opportunity to enter into anagreed order providing for:
            (A) the actions required to correct the violation; and
            (B) if appropriate, the payment of a civil penalty.
    (b) The commissioner is not required to extend the offer undersubsection (a)(2) for more than sixty (60) days.
    (c) An alleged violator may enter into an agreed order withoutadmitting that the violation occurred.
    (d) A notification under this section does not constitute a noticeof violation for purposes of IC 14-34-3-3(20).
    (e) If an agreed order is not entered into, the commissioner mayproceed under section 4 of this chapter to issue a notice and order.
As added by P.L.1-1996, SEC.20.

IC 13-30-3-4
Notice; contents    Sec. 4. (a) The commissioner shall issue written notice, bycertified mail with return receipt requested, addressed to the allegedviolator at the alleged violator's last known place of residence orplace of business.
    (b) The notice must:
        (1) specify the provision of:
            (A) the environmental management laws;
            (B) the air pollution control laws; or
            (C) the water pollution control laws; or
            (D) the rule;
        allegedly being violated;
        (2) include:
            (A) a statement of:
                (i) the manner in which; and
                (ii) the extent to which;
            the alleged violation exists; and
            (B) an order under sections 10 through 12 of this chapter:
                (i) requiring that the alleged violator take specific actionto correct the violation;
                (ii) assessing a civil penalty under IC 13-30-4-1,IC 13-30-4-2, and section 11 of this chapter for theviolation; or
                (iii) containing the substance of both item (i) and item (ii);and
        (3) include a brief description of the procedure for requestingreview under IC 4-21.5.
    (c) A copy of the notice and order may also be sent to a localgovernmental unit that is a party to the action.
As added by P.L.1-1996, SEC.20.

IC 13-30-3-5
Order; effective date; review
    Sec. 5. (a) Except as otherwise provided in:
        (1) a notice issued under section 4 of this chapter; or
        (2) a law relating to emergency orders;
an order of the commissioner under this chapter takes effect twenty(20) days after the alleged violator receives the notice, unless thealleged violator requests under subsection (b) a review of the orderbefore the twentieth day after receiving the notice.
    (b) To request a review of the order, the alleged violator must:
        (1) file a written request with the office of environmentaladjudication under IC 4-21.5-7; and
        (2) serve a copy of the request on the commissioner.
    (c) If a review of an order is requested under this section, theoffice of environmental adjudication established under IC 4-21.5-7shall review the order under IC 4-21.5.
As added by P.L.1-1996, SEC.20.

IC 13-30-3-6
Order; approval based on agreement before final order    Sec. 6. If an alleged violator who has requested a review of anorder of the commissioner under section 5 of this chapter agrees toresolve the controversy concerning the order in a manner satisfactoryto the commissioner before a final order is issued by the office ofenvironmental adjudication, the commissioner may approve anagreed order based on the agreement.
As added by P.L.1-1996, SEC.20.

IC 13-30-3-7
Final order; judicial review
    Sec. 7. A final order of an environmental law judge is subject tojudicial review under IC 4-21.5-5.
As added by P.L.1-1996, SEC.20.

IC 13-30-3-8
Private actions permitted; conditions
    Sec. 8. (a) A person who has filed a complaint under IC 13-30-1may proceed against the alleged violator if the department does not:
        (1) commence:
            (A) an administrative proceeding; or
            (B) a civil action;
        on the alleged pollution, impairment, or destruction not laterthan ninety (90) days after receiving notice under IC 13-30-1-2;
        (2) take steps not later than ninety (90) days after receivingnotice under IC 13-30-1-2 to have a criminal prosecutioncommenced on the alleged pollution, impairment, ordestruction; or
        (3) diligently pursue:
            (A) an administrative proceeding; or
            (B) a civil action;
        concerning the alleged pollution, impairment, or destructionafter the administrative proceeding or civil action iscommenced.
    (b) The department does not have to be joined as a party in anaction under this section.
As added by P.L.1-1996, SEC.20.

IC 13-30-3-9
Hearings; complainant's burden
    Sec. 9. In hearings under this chapter, the burden is on thecomplainant to show the alleged violation.
As added by P.L.1-1996, SEC.20.

IC 13-30-3-10
Orders; determinations
    Sec. 10. In accordance with the procedure set forth in this chapter,the commissioner shall:
        (1) issue and enter an order; or
        (2) make any other determination;
that the commissioner considers appropriate.As added by P.L.1-1996, SEC.20.

IC 13-30-3-11
Orders of commissioner
    Sec. 11. An order of the commissioner under this chapter may doany of the following:
        (1) Include a direction to cease and desist from violations of thefollowing:
            (A) Environmental management laws.
            (B) Air pollution control laws.
            (C) Water pollution control laws.
            (D) A rule adopted by one (1) of the boards.
        (2) Impose monetary penalties in accordance with thefollowing:
            (A) Environmental management laws.
            (B) Air pollution control laws.
            (C) Water pollution control laws.
        (3) Mandate corrective action, including corrective action to betaken beyond the boundaries of the area owned or controlled bythe person to whom the order is directed, to alleviate theviolation.
        (4) Revoke a permit or condition or modify the terms of apermit.
As added by P.L.1-1996, SEC.20.

IC 13-30-3-12
Performance bond; surety
    Sec. 12. If an order of the commissioner allows time during whichto correct a violation, the order may provide for the posting of aperformance bond with surety or security acceptable to thedepartment to assure the correction of the violation within the timeprescribed in the order.
As added by P.L.1-1996, SEC.20.

IC 13-30-3-13
Landowners on whose land garbage has been dumped withoutconsent; parties; expenses; attorney's fees
    Sec. 13. (a) Except as provided in subsection (c), an enforcementaction may not be taken under this chapter for a violation ofIC 13-30-2-1(5) against a landowner on whose land garbage or othersolid waste, except hazardous waste, has been illegally dumpedwithout the landowner's consent unless the commissioner has madea diligent and good faith effort to identify, locate, and takeenforcement action against a person who appears likely to havecommitted or caused the illegal dumping.
    (b) A landowner described in subsection (a) who in good faithprovides information to the commissioner concerning:
        (1) a name;
        (2) an address; or
        (3) any other evidence of a responsible person's identity found

in garbage or other solid waste dumped on the landowner's land;
is not liable to a person for an action taken by the commissioneragainst the person as a result of the information provided thelandowner.
    (c) The commissioner may include the owner of land on which aviolation of IC 13-30-2-1(5) has apparently occurred as a party in anyenforcement action against a person who allegedly committed theviolation of IC 13-30-2-1(5) so that the commissioner may order thelandowner to allow the alleged violator access to the land to removeand dispose of the solid waste allegedly dumped on the land inviolation of IC 13-30-2-1(5).
    (d) A landowner on whose land garbage or other solid waste hasbeen illegally dumped without the landowner's consent may, inaddition to any other legal or equitable remedy available to thelandowner, recover from the person responsible for the illegaldumping:
        (1) reasonable expenses incurred by the landowner in disposingof the garbage or other solid waste; and
        (2) reasonable attorney's fees.
As added by P.L.1-1996, SEC.20.