§ 13-25-2-15 — Civil actions by persons

(a) A person may commence a civil action
on the person's behalf against the following:
(1) An owner or operator of a facility, for failure to do any of the
following:
(A) Submit a follow-up emergency notice under section 7(d) of
this chapter.
(B) Submit a material safety data sheet or a list under section 8
of this chapter.
(C) Complete and submit an inventory form under section 9 of
this chapter containing tier I information as described in section
9 of this chapter unless the requirement does not apply under
section 9(b) of this chapter.
(2) The commission, for failure to provide a mechanism for public
availability of information in accordance with section 14 of this
chapter.
(3) The commission, for failure to respond to a request for tier II
information under section 10 of this chapter not later than one
hundred twenty (120) days after the date the request is received.
(b) An action under subsection (a) against an owner or operator of
a facility must be brought in a court having jurisdiction.
(c) A court has jurisdiction in actions brought under subsection (a)
against an owner or operator of a facility to:
(1) enforce the requirement concerned; and
(2) impose any civil penalty provided for violation of the
requirement.
(d) An action may not be commenced under subsection (a)(1)(A)
until at least sixty (60) days after the date the plaintiff gives notice of
the alleged violation to the state and the alleged violator. Notice must
be given in the manner prescribed by the administrator under
regulations adopted under 42 U.S.C. 11001 et seq.
(e) An action may not be commenced under subsection (a)(1)(B) or
(a)(1)(C) until at least sixty (60) days after the date the plaintiff gives
notice to the commission that the plaintiff will commence the action.
Notice must be given in a manner prescribed by the administrator
under regulations adopted under 42 U.S.C. 11001 et seq.
(f) An action may not be commenced under subsection (a) against
an owner or operator of a facility if the administrator has commenced
and is diligently pursuing an administrative order or a civil action to:
(1) enforce the requirement concerned; or
(2) impose a civil penalty under 42 U.S.C. 11001 et seq.
[Pre-1996 Recodification Citation: 13-7-37-20(a), (d), (e),
(f), (g), (h).]

Legislative History

As added by P.L.1-1996, SEC.15.