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

Indiana Statutes

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

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

(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 s

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(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).]