§ 13-14-10-1 — Emergency order; notice; compliance

(a) Whenever the commissioner concludes,
in consultation with the commissioner of the Indiana 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 Indiana 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.
[Pre-1996 Recodification Citation: 13-7-12-1.]

Legislative History

As added by P.L.1-1996, SEC.4. Amended by P.L.56-2023, SEC.127.