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Ind. Code § 13-14-2-6

Court actions by commissioner

Applied in 2 court decisions — leading case Indiana Department of Environmental Management v. Medical Disposal Services, Inc. (2000)

Most recently applied in Save the Valley, Inc. v. Ferguson (November 2008)

As added by P.L.1-1996, SEC.4

Sec. 6. Except as provided in IC 13-14-6, the commissioner may proceed in court, by appropriate action, to:

(1) enforce any final order of the commissioner or the board;

(2) collect any penalties or fees;

(3) procure or secure compliance with this title or any other law that the department has the duty or power to enforce;

(4) procure compliance with any standard or rule of the board;

(5) enforce a restrictive covenant (as defined in IC 13-11-2-193.5) in accordance with the terms of the covenant if the covenant is:

(A) executed before July 1, 2009;

(B) approved by the commissioner; and

(C) created in connection with any:

(i) remediation;

(ii) closure;

(iii) cleanup;

(iv) corrective action; or

(v) determination exercising enforcement discretion or of no further action being required;

approved by the department under this title; or

(6) enforce a restrictive covenant (as defined in IC 13-11-2-193.5) in accordance with the terms of the covenant if the covenant is:

(A) executed after June 30, 2009; and

(B) created in connection with any of the following approved by the department under this title:

(i) A remediation.

(ii) A closure.

(iii) A cleanup.

(iv) A corrective action.

(v) A determination exercising enforcement discretion or of no further action being required.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.