§ 13-14-10-2 — Suit on behalf of state to restrain person contributing to pollution

Indiana § 13-14-10-2

• Jurisdiction: Indiana
• Art. 14: POWERS AND DUTIES OF DEPARTMENT OF
• Ch. 10: General Emergency Procedures

Text

(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.
[Pre-1996 Recodification Citation: 13-7-12-2.]

Legislative History

As added by P.L.1-1996, SEC.4.