State Codes and Statutes
Statutes > Indiana > Title13 > Ar17 > Ch4
IC 13-17-4
Chapter 4. Air Pollution Emergencies
IC 13-17-4-1
Public policy
Sec. 1. The discharge into the outdoor atmosphere of air
contaminants that would cause air pollution and create a public
nuisance is contrary to the public policy of the state and this article.
As added by P.L.1-1996, SEC.7.
IC 13-17-4-2
Emergency risk
Sec. 2. (a) Air pollution may at certain times and places so
seriously affect the public health and so threaten the population as to
warrant emergency powers to prevent or minimize disasters of
unforeseen proportions. If the commissioner determines, in
consultation with the commissioner of the state department of health,
that air pollution in an area constitutes an unreasonable and
emergency risk to the health and safety of those in the area, that
determination shall be immediately communicated to the governor.
(b) The governor may, by proclamation, do the following:
(1) Declare that an emergency exists.
(2) Order all persons causing or contributing to the air pollution
to reduce or discontinue immediately the emission of air
contaminants.
As added by P.L.1-1996, SEC.7.
IC 13-17-4-3
Injunction
Sec. 3. (a) Not more than twenty-four (24) hours after issuance of
a proclamation under section 2 of this chapter, the attorney general,
at the request of the governor, shall initiate injunctive proceedings in
the appropriate court against each person causing or contributing to
the air pollution to:
(1) stop the emission of contaminants causing the pollution; or
(2) take other action that is necessary.
(b) If the attorney general does not commence an action within the
twenty-four (24) hour period, the governor's proclamation becomes
void.
As added by P.L.1-1996, SEC.7.
