§ 36-9-30-35 — Methods of disposal; necessity of compliance with laws and rules; operation of nuisance inimical to human health; Class C infraction; injunctive or mandatory relief

Indiana § 36-9-30-35

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 30: Solid Waste Collection and Disposal

Text

(a) Solid waste may be disposed of on land
only through use of sanitary landfills, incineration, composting,
garbage grinding, or other acceptable methods approved by the
department of environmental management in accordance with rules
adopted by the environmental rules board. A person may not operate
or maintain an open dump.
(b) A person may not operate or maintain facilities for the collection
and disposal of solid waste, except as set out in section 4 of this chapter
or under rules adopted by the environmental rules board.
(c) Failure to comply with this section constitutes the operation of
a nuisance inimical to human health. A prosecuting attorney who
receives a report of such a failure from the department of
environmental management, a solid waste management district, or a
local health officer shall cause appropriate court proceedings to be
instituted.
(d) A person who fails to comply with this section commits a Class
C infraction. If the violation is of a continuing nature, each day of
failure to comply constitutes a separate infraction.
(e) The department of environmental management may bring
proceedings for injunctive or mandatory relief through the attorney
general against any person (including any agency of the state or federal
government) for failure to comply with this section.
[Pre-Local Government Recodification Citation:
19-2-1-31.]
As added by Acts 1981, P.L.309, SEC.106. Amended by
P.L.143-1985, SEC.206; P.L.33-1992, SEC.22; P.L.113-2014,
SEC.129.