§ 14-34-15-12 — Civil action

Indiana § 14-34-15-12

• Jurisdiction: Indiana
• Art. 34: SURFACE COAL MINING AND RECLAMATION
• Ch. 15: Inspections, Monitoring, and Enforcement

Text

(a) In addition to other remedies available
under statutory or common law, a person with an interest that is or may
be adversely affected may commence a civil action on the person's own
behalf to compel compliance with this article against any of the
following:
(1) A person allegedly in violation of:
(A) this article;
(B) a commission rule adopted under this article; or
(C) a notice or an order issued under:
(i) IC 13-4.1 (before its repeal); or
(ii) this article.
However, a commencement of an action under this subdivision
must occur in the county in which the surface coal mining and
reclamation operation complained of is located.
(2) The director or the commission to the extent permitted by the
Constitution of the State of Indiana and IC 34-13-3 if the person
allegedly fails to perform an act or a duty required under this
article. However, commencement of an action under this
subdivision must occur in the county in which the complained of
action should have taken place.
(b) A person may not commence an action under subsection (a)(1):
(1) less than sixty (60) days after notice is given by the person to:
(A) the director;
(B) the commission; and
(C) an alleged violator; or
(2) if the director or the state has commenced a civil action and is
diligently prosecuting the action to require compliance with:
(A) this article;
(B) a commission rule adopted under this article; or
(C) a notice or an order issued under:
(i) IC 13-4.1 (before its repeal); or
(ii) this article.
However, any person may intervene in the action as a matter of
right.
(c) A person may not commence an action under subsection (a)(2)
less than sixty (60) days after the person has notified the director or the
commission in writing of the intention to commence an action.
However, the person may commence an action immediately after the
written notification if the alleged violation:
(1) constitutes an imminent threat to the health or safety of the
person; or
(2) would immediately affect a legal interest of the person.
(d) In an action commenced under subsection (a)(2):
(1) the director;
(2) the commission; or
(3) the Secretary of the United States Department of the Interior;
may intervene as a matter of right.
(e) The court may, in issuing a final order in an action brought under
subsection (a), award the costs of litigation, including attorney's and
expert witness fees, to any party if the court determines the award is
appropriate. The court may, if a temporary restraining order or
preliminary injunction is sought, require the filing of a bond or
equivalent security in accordance with the Indiana Rules of Trial
Procedure.
(f) This section does not restrict a right that a person or class of
persons has under a statute or common law to do the following:
(1) Seek enforcement of the following:
(A) This article.
(B) The rules adopted under this article.
(2) Seek any other relief, including relief against the commission.
[Pre-1995 Recodification Citation: 13-4.1-11-11(a), (b), (c),
(d), (e), (f).]

Legislative History

As added by P.L.1-1995, SEC.27. Amended by P.L.1-1998, SEC.112.