Indiana § 13-19-1-3 Differential treatment; injunctive relief

Indiana Statutes

§ 13-19-1-3 — Differential treatment; injunctive relief

Indiana·Art. 19 SOLID WASTE AND HAZARDOUS WASTE·Ch. 1 Purpose, Policy, and Goal of Statute

(a)The state may not impose differential treatment against solid waste involved in interstate commerce unless:

(1)authorized by federal law;

(2)differential treatment of solid waste in interstate commerce equalizes financial, regulatory, or enforcement burdens among:

(A)persons engaged in or benefitting from the interstate commerce; or

(B)any other group of persons; or

(3)the differential treatment serves a legitimate state purpose that could not be served as well by reasonably available means that did not impose differential treatment.

(b)A court may enjoin a violation of this section but may not award monetary damages or attorney's fees against any of the following:

(1)The state.

(2)A state agency.

(3)An officer or employee of the state. [Pre-1996 Recodification Citation: 13-7-

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(a) The state may not impose differential
treatment against solid waste involved in interstate commerce unless:
(1) authorized by federal law;
(2) differential treatment of solid waste in interstate commerce
equalizes financial, regulatory, or enforcement burdens among:
(A) persons engaged in or benefitting from the interstate
commerce; or
(B) any other group of persons; or
(3) the differential treatment serves a legitimate state purpose that
could not be served as well by reasonably available means that
did not impose differential treatment.
(b) A court may enjoin a violation of this section but may not award
monetary damages or attorney's fees against any of the following:
(1) The state.
(2) A state agency.
(3) An officer or employee of the state.
[Pre-1996 Recodification Citation: 13-7-1-1(d).]

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