IC 13-30-3
Chapter 3. Investigation of Violations; Administrative
Proceedings and Orders
IC 13-30-3-1 Investigations; initiation
Sec. 1. The commissioner or a designated member of the staff of
the department may initiate an investigation on receipt of information
of 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, the
commissioner shall proceed under:
(1) section 3 of this chapter; or
(2) first section 3 of this chapter and then section 4 of this
chapter. 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 commissioner
believes a violation may exist; and
(2) offer the alleged violator an opportunity to enter into an
agreed 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 under
subsection (a)(2) for more than sixty (60) days.
(c) An alleged violator may enter into an agreed order without
admitting that the violation occurred.
(d) A notification under this section does not constitute a notice
of violation for purposes of IC 14-34-3-3(20).
(e) If an agreed order is not entered into, the commissioner may
proceed 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, by
certified mail with return receipt requested, addressed to the alleged
violator at the alleged violator's last known place of residence or
place 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 action
to 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 the
violation; or
(iii) containing the substance of both item (i) and item (ii);
and
(3) include a brief description of the procedure for requesting
review under IC 4-21.5.
(c) A copy of the notice and order may also be sent to a local
governmental 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 the
alleged violator requests under subsection (b) a review of the order
before 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 environmental
adjudication 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, the
office of environmental adjudication established under IC 4-21.5-7
shall 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 an
order of the commissioner under section 5 of this chapter agrees to
resolve the controversy concerning the order in a manner satisfactory
to the commissioner before a final order is issued by the office of
environmental adjudication, the commissioner may approve an
agreed 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 to
judicial 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 13-30-1
may 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 later
than ninety (90) days after receiving notice under IC 13-30-1-2;
(2) take steps not later than ninety (90) days after receiving
notice under IC 13-30-1-2 to have a criminal prosecution
commenced on the alleged pollution, impairment, or
destruction; or
(3) diligently pursue:
(A) an administrative proceeding; or
(B) a civil action;
concerning the alleged pollution, impairment, or destruction
after the administrative proceeding or civil action is
commenced.
(b) The department does not have to be joined as a party in an
action 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 the
complainant 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 do
any of the following:
(1) Include a direction to cease and desist from violations of the
following:
(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 the
following:
(A) Environmental management laws.
(B) Air pollution control laws.
(C) Water pollution control laws.
(3) Mandate corrective action, including corrective action to be
taken beyond the boundaries of the area owned or controlled by
the person to whom the order is directed, to alleviate the
violation.
(4) Revoke a permit or condition or modify the terms of a
permit. 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 which
to correct a violation, the order may provide for the posting of a
performance bond with surety or security acceptable to the
department to assure the correction of the violation within the time
prescribed 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 without
consent; parties; expenses; attorney's fees
Sec. 13. (a) Except as provided in subsection (c), an enforcement
action may not be taken under this chapter for a violation of
IC 13-30-2-1(5) against a landowner on whose land garbage or other
solid waste, except hazardous waste, has been illegally dumped
without the landowner's consent unless the commissioner has made
a diligent and good faith effort to identify, locate, and take
enforcement action against a person who appears likely to have
committed or caused the illegal dumping.
(b) A landowner described in subsection (a) who in good faith
provides 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 commissioner
against the person as a result of the information provided the
landowner.
(c) The commissioner may include the owner of land on which a
violation of IC 13-30-2-1(5) has apparently occurred as a party in any
enforcement action against a person who allegedly committed the
violation of IC 13-30-2-1(5) so that the commissioner may order the
landowner to allow the alleged violator access to the land to remove
and dispose of the solid waste allegedly dumped on the land in
violation of IC 13-30-2-1(5).
(d) A landowner on whose land garbage or other solid waste has
been illegally dumped without the landowner's consent may, in
addition to any other legal or equitable remedy available to the
landowner, recover from the person responsible for the illegal
dumping:
(1) reasonable expenses incurred by the landowner in disposing
of the garbage or other solid waste; and
(2) reasonable attorney's fees. As added by P.L.1-1996, SEC.20.
IC 13-30-3
Chapter 3. Investigation of Violations; Administrative
Proceedings and Orders
IC 13-30-3-1 Investigations; initiation
Sec. 1. The commissioner or a designated member of the staff of
the department may initiate an investigation on receipt of information
of 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, the
commissioner shall proceed under:
(1) section 3 of this chapter; or
(2) first section 3 of this chapter and then section 4 of this
chapter. 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 commissioner
believes a violation may exist; and
(2) offer the alleged violator an opportunity to enter into an
agreed 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 under
subsection (a)(2) for more than sixty (60) days.
(c) An alleged violator may enter into an agreed order without
admitting that the violation occurred.
(d) A notification under this section does not constitute a notice
of violation for purposes of IC 14-34-3-3(20).
(e) If an agreed order is not entered into, the commissioner may
proceed 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, by
certified mail with return receipt requested, addressed to the alleged
violator at the alleged violator's last known place of residence or
place 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 action
to 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 the
violation; or
(iii) containing the substance of both item (i) and item (ii);
and
(3) include a brief description of the procedure for requesting
review under IC 4-21.5.
(c) A copy of the notice and order may also be sent to a local
governmental 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 the
alleged violator requests under subsection (b) a review of the order
before 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 environmental
adjudication 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, the
office of environmental adjudication established under IC 4-21.5-7
shall 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 an
order of the commissioner under section 5 of this chapter agrees to
resolve the controversy concerning the order in a manner satisfactory
to the commissioner before a final order is issued by the office of
environmental adjudication, the commissioner may approve an
agreed 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 to
judicial 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 13-30-1
may 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 later
than ninety (90) days after receiving notice under IC 13-30-1-2;
(2) take steps not later than ninety (90) days after receiving
notice under IC 13-30-1-2 to have a criminal prosecution
commenced on the alleged pollution, impairment, or
destruction; or
(3) diligently pursue:
(A) an administrative proceeding; or
(B) a civil action;
concerning the alleged pollution, impairment, or destruction
after the administrative proceeding or civil action is
commenced.
(b) The department does not have to be joined as a party in an
action 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 the
complainant 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 do
any of the following:
(1) Include a direction to cease and desist from violations of the
following:
(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 the
following:
(A) Environmental management laws.
(B) Air pollution control laws.
(C) Water pollution control laws.
(3) Mandate corrective action, including corrective action to be
taken beyond the boundaries of the area owned or controlled by
the person to whom the order is directed, to alleviate the
violation.
(4) Revoke a permit or condition or modify the terms of a
permit. 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 which
to correct a violation, the order may provide for the posting of a
performance bond with surety or security acceptable to the
department to assure the correction of the violation within the time
prescribed 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 without
consent; parties; expenses; attorney's fees
Sec. 13. (a) Except as provided in subsection (c), an enforcement
action may not be taken under this chapter for a violation of
IC 13-30-2-1(5) against a landowner on whose land garbage or other
solid waste, except hazardous waste, has been illegally dumped
without the landowner's consent unless the commissioner has made
a diligent and good faith effort to identify, locate, and take
enforcement action against a person who appears likely to have
committed or caused the illegal dumping.
(b) A landowner described in subsection (a) who in good faith
provides 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 commissioner
against the person as a result of the information provided the
landowner.
(c) The commissioner may include the owner of land on which a
violation of IC 13-30-2-1(5) has apparently occurred as a party in any
enforcement action against a person who allegedly committed the
violation of IC 13-30-2-1(5) so that the commissioner may order the
landowner to allow the alleged violator access to the land to remove
and dispose of the solid waste allegedly dumped on the land in
violation of IC 13-30-2-1(5).
(d) A landowner on whose land garbage or other solid waste has
been illegally dumped without the landowner's consent may, in
addition to any other legal or equitable remedy available to the
landowner, recover from the person responsible for the illegal
dumping:
(1) reasonable expenses incurred by the landowner in disposing
of the garbage or other solid waste; and
(2) reasonable attorney's fees. As added by P.L.1-1996, SEC.20.
IC 13-30-3
Chapter 3. Investigation of Violations; Administrative
Proceedings and Orders
IC 13-30-3-1 Investigations; initiation
Sec. 1. The commissioner or a designated member of the staff of
the department may initiate an investigation on receipt of information
of 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, the
commissioner shall proceed under:
(1) section 3 of this chapter; or
(2) first section 3 of this chapter and then section 4 of this
chapter. 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 commissioner
believes a violation may exist; and
(2) offer the alleged violator an opportunity to enter into an
agreed 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 under
subsection (a)(2) for more than sixty (60) days.
(c) An alleged violator may enter into an agreed order without
admitting that the violation occurred.
(d) A notification under this section does not constitute a notice
of violation for purposes of IC 14-34-3-3(20).
(e) If an agreed order is not entered into, the commissioner may
proceed 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, by
certified mail with return receipt requested, addressed to the alleged
violator at the alleged violator's last known place of residence or
place 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 action
to 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 the
violation; or
(iii) containing the substance of both item (i) and item (ii);
and
(3) include a brief description of the procedure for requesting
review under IC 4-21.5.
(c) A copy of the notice and order may also be sent to a local
governmental 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 the
alleged violator requests under subsection (b) a review of the order
before 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 environmental
adjudication 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, the
office of environmental adjudication established under IC 4-21.5-7
shall 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 an
order of the commissioner under section 5 of this chapter agrees to
resolve the controversy concerning the order in a manner satisfactory
to the commissioner before a final order is issued by the office of
environmental adjudication, the commissioner may approve an
agreed 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 to
judicial 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 13-30-1
may 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 later
than ninety (90) days after receiving notice under IC 13-30-1-2;
(2) take steps not later than ninety (90) days after receiving
notice under IC 13-30-1-2 to have a criminal prosecution
commenced on the alleged pollution, impairment, or
destruction; or
(3) diligently pursue:
(A) an administrative proceeding; or
(B) a civil action;
concerning the alleged pollution, impairment, or destruction
after the administrative proceeding or civil action is
commenced.
(b) The department does not have to be joined as a party in an
action 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 the
complainant 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 do
any of the following:
(1) Include a direction to cease and desist from violations of the
following:
(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 the
following:
(A) Environmental management laws.
(B) Air pollution control laws.
(C) Water pollution control laws.
(3) Mandate corrective action, including corrective action to be
taken beyond the boundaries of the area owned or controlled by
the person to whom the order is directed, to alleviate the
violation.
(4) Revoke a permit or condition or modify the terms of a
permit. 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 which
to correct a violation, the order may provide for the posting of a
performance bond with surety or security acceptable to the
department to assure the correction of the violation within the time
prescribed 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 without
consent; parties; expenses; attorney's fees
Sec. 13. (a) Except as provided in subsection (c), an enforcement
action may not be taken under this chapter for a violation of
IC 13-30-2-1(5) against a landowner on whose land garbage or other
solid waste, except hazardous waste, has been illegally dumped
without the landowner's consent unless the commissioner has made
a diligent and good faith effort to identify, locate, and take
enforcement action against a person who appears likely to have
committed or caused the illegal dumping.
(b) A landowner described in subsection (a) who in good faith
provides 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 commissioner
against the person as a result of the information provided the
landowner.
(c) The commissioner may include the owner of land on which a
violation of IC 13-30-2-1(5) has apparently occurred as a party in any
enforcement action against a person who allegedly committed the
violation of IC 13-30-2-1(5) so that the commissioner may order the
landowner to allow the alleged violator access to the land to remove
and dispose of the solid waste allegedly dumped on the land in
violation of IC 13-30-2-1(5).
(d) A landowner on whose land garbage or other solid waste has
been illegally dumped without the landowner's consent may, in
addition to any other legal or equitable remedy available to the
landowner, recover from the person responsible for the illegal
dumping:
(1) reasonable expenses incurred by the landowner in disposing
of the garbage or other solid waste; and
(2) reasonable attorney's fees. As added by P.L.1-1996, SEC.20.
