IC 13-14-10
Chapter 10. General Emergency Procedures
IC 13-14-10-1 Emergency order; notice; compliance
Sec. 1. (a) Whenever the commissioner concludes, in consultation
with the commissioner of the state department of health, that
contamination of air, water, or land in any area has reached the point
where the contamination constitutes a clear and present danger to the
health and safety of persons in any area, the commissioner's
determination shall be immediately communicated to the governor.
The commissioner, in concert with the commissioner of the state
department of health, shall request the governor to declare that an
emergency exists.
(b) The governor may:
(1) proclaim the existence of an emergency; and
(2) order all persons causing or contributing to the causing of
the contamination to reduce or discontinue immediately the
emission or discharge of contaminants.
(c) Notice of an emergency order must be in writing wherever
practicable. However, if the governor considers that written notice is
not practicable, the governor may give notice in the manner
determined by the governor.
(d) A person against whom an emergency order of the governor
has been issued shall, upon receiving notice of the order,
immediately comply with the provisions of the order.
(e) The governor may enforce an order by any appropriate action.
(f) The procedures for emergency orders provided for in this
section are governed by IC 4-21.5-4. As added by P.L.1-1996, SEC.4.
IC 13-14-10-2 Suit on behalf of state to restrain person contributing to pollution
Sec. 2. (a) Upon receipt of evidence that a pollution source or
combination of sources, including an industrial user of a publicly
owned treatment plant, is presenting an imminent and substantial
endangerment to:
(1) the health of persons; or
(2) the welfare of persons whose livelihood is endangered;
the commissioner shall bring suit under subsection (b).
(b) Upon the receipt of evidence under subsection (a), the
commissioner shall bring suit on behalf of the state in the appropriate
court to:
(1) immediately restrain any person causing or contributing to
the alleged pollution to stop the discharge or introduction of
contaminants causing or contributing to the pollution; or
(2) take other necessary action.
(c) The duty of the commissioner to bring suit under subsection
(a) is:
(1) in addition to the authority contained in section 1 of this
chapter; and
(2) notwithstanding any other provision of this title. As added by P.L.1-1996, SEC.4.
IC 13-14-10-3 Emergency assistance
Sec. 3. (a) The commissioner may order and provide assistance to
abate or remedy an emergency, on private or public property, caused
by the discharge or impending discharge of any contaminant into or
on the air, land, or waters of Indiana that poses an imminent and
substantial danger to public health or the environment whenever:
(1) the assistance must be immediate to be efficacious; and
(2) any person responsible for abatement or remedying the
emergency:
(A) cannot be determined or located; or
(B) has refused or failed to take prompt and effective action
to abate or remedy the emergency.
(b) For the purpose of this section, the commissioner may request
the direct purchase of supplies, materials, services, and equipment
for immediate use under IC 5-22-10-4.
(c) In addition to any civil or criminal penalties under the
environmental management laws the department may recover the
cost of assistance provided under this section from any person
responsible for the emergency by commencing a civil action in any
court of competent jurisdiction. Officials who collect money under
this subsection shall remit the money to the treasurer of state. The
money shall be deposited in the environmental management special
fund created by IC 13-14-12.
(d) The department may accept on behalf of the state any
reimbursement for assistance provided under this section from the
federal government. The reimbursements shall be remitted to the
treasurer of state for deposit in the environmental management
special fund created by IC 13-14-12.
(e) Notwithstanding any other provisions of this title, the authority
granted under this section:
(1) is in addition to; and
(2) may be exercised independently of;
any other authority contained in this chapter. As added by P.L.1-1996, SEC.4. Amended by P.L.49-1997, SEC.47.
IC 13-14-10
Chapter 10. General Emergency Procedures
IC 13-14-10-1 Emergency order; notice; compliance
Sec. 1. (a) Whenever the commissioner concludes, in consultation
with the commissioner of the state department of health, that
contamination of air, water, or land in any area has reached the point
where the contamination constitutes a clear and present danger to the
health and safety of persons in any area, the commissioner's
determination shall be immediately communicated to the governor.
The commissioner, in concert with the commissioner of the state
department of health, shall request the governor to declare that an
emergency exists.
(b) The governor may:
(1) proclaim the existence of an emergency; and
(2) order all persons causing or contributing to the causing of
the contamination to reduce or discontinue immediately the
emission or discharge of contaminants.
(c) Notice of an emergency order must be in writing wherever
practicable. However, if the governor considers that written notice is
not practicable, the governor may give notice in the manner
determined by the governor.
(d) A person against whom an emergency order of the governor
has been issued shall, upon receiving notice of the order,
immediately comply with the provisions of the order.
(e) The governor may enforce an order by any appropriate action.
(f) The procedures for emergency orders provided for in this
section are governed by IC 4-21.5-4. As added by P.L.1-1996, SEC.4.
IC 13-14-10-2 Suit on behalf of state to restrain person contributing to pollution
Sec. 2. (a) Upon receipt of evidence that a pollution source or
combination of sources, including an industrial user of a publicly
owned treatment plant, is presenting an imminent and substantial
endangerment to:
(1) the health of persons; or
(2) the welfare of persons whose livelihood is endangered;
the commissioner shall bring suit under subsection (b).
(b) Upon the receipt of evidence under subsection (a), the
commissioner shall bring suit on behalf of the state in the appropriate
court to:
(1) immediately restrain any person causing or contributing to
the alleged pollution to stop the discharge or introduction of
contaminants causing or contributing to the pollution; or
(2) take other necessary action.
(c) The duty of the commissioner to bring suit under subsection
(a) is:
(1) in addition to the authority contained in section 1 of this
chapter; and
(2) notwithstanding any other provision of this title. As added by P.L.1-1996, SEC.4.
IC 13-14-10-3 Emergency assistance
Sec. 3. (a) The commissioner may order and provide assistance to
abate or remedy an emergency, on private or public property, caused
by the discharge or impending discharge of any contaminant into or
on the air, land, or waters of Indiana that poses an imminent and
substantial danger to public health or the environment whenever:
(1) the assistance must be immediate to be efficacious; and
(2) any person responsible for abatement or remedying the
emergency:
(A) cannot be determined or located; or
(B) has refused or failed to take prompt and effective action
to abate or remedy the emergency.
(b) For the purpose of this section, the commissioner may request
the direct purchase of supplies, materials, services, and equipment
for immediate use under IC 5-22-10-4.
(c) In addition to any civil or criminal penalties under the
environmental management laws the department may recover the
cost of assistance provided under this section from any person
responsible for the emergency by commencing a civil action in any
court of competent jurisdiction. Officials who collect money under
this subsection shall remit the money to the treasurer of state. The
money shall be deposited in the environmental management special
fund created by IC 13-14-12.
(d) The department may accept on behalf of the state any
reimbursement for assistance provided under this section from the
federal government. The reimbursements shall be remitted to the
treasurer of state for deposit in the environmental management
special fund created by IC 13-14-12.
(e) Notwithstanding any other provisions of this title, the authority
granted under this section:
(1) is in addition to; and
(2) may be exercised independently of;
any other authority contained in this chapter. As added by P.L.1-1996, SEC.4. Amended by P.L.49-1997, SEC.47.
IC 13-14-10
Chapter 10. General Emergency Procedures
IC 13-14-10-1 Emergency order; notice; compliance
Sec. 1. (a) Whenever the commissioner concludes, in consultation
with the commissioner of the state department of health, that
contamination of air, water, or land in any area has reached the point
where the contamination constitutes a clear and present danger to the
health and safety of persons in any area, the commissioner's
determination shall be immediately communicated to the governor.
The commissioner, in concert with the commissioner of the state
department of health, shall request the governor to declare that an
emergency exists.
(b) The governor may:
(1) proclaim the existence of an emergency; and
(2) order all persons causing or contributing to the causing of
the contamination to reduce or discontinue immediately the
emission or discharge of contaminants.
(c) Notice of an emergency order must be in writing wherever
practicable. However, if the governor considers that written notice is
not practicable, the governor may give notice in the manner
determined by the governor.
(d) A person against whom an emergency order of the governor
has been issued shall, upon receiving notice of the order,
immediately comply with the provisions of the order.
(e) The governor may enforce an order by any appropriate action.
(f) The procedures for emergency orders provided for in this
section are governed by IC 4-21.5-4. As added by P.L.1-1996, SEC.4.
IC 13-14-10-2 Suit on behalf of state to restrain person contributing to pollution
Sec. 2. (a) Upon receipt of evidence that a pollution source or
combination of sources, including an industrial user of a publicly
owned treatment plant, is presenting an imminent and substantial
endangerment to:
(1) the health of persons; or
(2) the welfare of persons whose livelihood is endangered;
the commissioner shall bring suit under subsection (b).
(b) Upon the receipt of evidence under subsection (a), the
commissioner shall bring suit on behalf of the state in the appropriate
court to:
(1) immediately restrain any person causing or contributing to
the alleged pollution to stop the discharge or introduction of
contaminants causing or contributing to the pollution; or
(2) take other necessary action.
(c) The duty of the commissioner to bring suit under subsection
(a) is:
(1) in addition to the authority contained in section 1 of this
chapter; and
(2) notwithstanding any other provision of this title. As added by P.L.1-1996, SEC.4.
IC 13-14-10-3 Emergency assistance
Sec. 3. (a) The commissioner may order and provide assistance to
abate or remedy an emergency, on private or public property, caused
by the discharge or impending discharge of any contaminant into or
on the air, land, or waters of Indiana that poses an imminent and
substantial danger to public health or the environment whenever:
(1) the assistance must be immediate to be efficacious; and
(2) any person responsible for abatement or remedying the
emergency:
(A) cannot be determined or located; or
(B) has refused or failed to take prompt and effective action
to abate or remedy the emergency.
(b) For the purpose of this section, the commissioner may request
the direct purchase of supplies, materials, services, and equipment
for immediate use under IC 5-22-10-4.
(c) In addition to any civil or criminal penalties under the
environmental management laws the department may recover the
cost of assistance provided under this section from any person
responsible for the emergency by commencing a civil action in any
court of competent jurisdiction. Officials who collect money under
this subsection shall remit the money to the treasurer of state. The
money shall be deposited in the environmental management special
fund created by IC 13-14-12.
(d) The department may accept on behalf of the state any
reimbursement for assistance provided under this section from the
federal government. The reimbursements shall be remitted to the
treasurer of state for deposit in the environmental management
special fund created by IC 13-14-12.
(e) Notwithstanding any other provisions of this title, the authority
granted under this section:
(1) is in addition to; and
(2) may be exercised independently of;
any other authority contained in this chapter. As added by P.L.1-1996, SEC.4. Amended by P.L.49-1997, SEC.47.
