§ 13-30-3-8 — Private actions permitted; conditions

Indiana § 13-30-3-8

• Jurisdiction: Indiana
• Art. 30: ENFORCEMENT AND LEGAL ACTIONS
• Ch. 3: Investigation of Violations; Administrative Proceedings

Text

(a) A person who has filed a complaint under
IC 13-30-1 may proceed against the alleged violator if the department
does not:
(1) commence:
(A) an administrative proceeding; or
(B) a civil action;
on the alleged pollution, impairment, or destruction not later than
ninety (90) days after receiving notice under IC 13-30-1-2;
(2) take steps not later than ninety (90) days after receiving notice
under IC 13-30-1-2 to have a criminal prosecution commenced on
the alleged pollution, impairment, or destruction; or
(3) diligently pursue:
(A) an administrative proceeding; or
(B) a civil action;
concerning the alleged pollution, impairment, or destruction after
the administrative proceeding or civil action is commenced.
(b) The department does not have to be joined as a party in an action
under this section.
[Pre-1996 Recodification Citation: 13-7-11-2(g).]

Legislative History

As added by P.L.1-1996, SEC.20.