Indiana § 13-14-10-3 Emergency assistance

Indiana Statutes

§ 13-14-10-3 — Emergency assistance

Indiana·Art. 14 POWERS AND DUTIES OF DEPARTMENT OF·Ch. 10 General Emergency Procedures

(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

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(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.
[Pre-1996 Recodification Citation: 13-7-12-3(b), (c), (d),
(e), (f).]