Sec. 1. (a) This section applies to any:
(1) determination made by the commissioner;
(2) order issued by the commissioner; and
(3) notice issued by the department;
under this title.
(b) The commissioner may issue orders and make determinations.
(c) An order issued under this section may address multiple sites for the purpose of arranging for site investigations and the establishment of priority of sites.
(d) Notice of a determination made or an order issued by the commissioner must be given under IC 4-21.5-3-1, unless a person provides a written request to the department for a different method of notice that is reasonably available to the department.
(e) The department:
(1) shall make a good faith effort to provide notice of an order or a determination according to subsection (d); and
(2) bears the burden of persuasion that the notice has been provided.
(f) Failure to receive notice does not invalidate an order or a determination, unless the person required to receive notice of an order or a determination is substantially prejudiced by the lack of notice. The burden of persuasion as to substantial prejudice is on the person claiming the lack of notice.
[Pre-1996 Recodification Citation: 13-7-5-2.]
As added by P.L.1-1996, SEC.4. Amended by P.L.263-2013, SEC.1.
Structure Indiana Code
Article 14. Powers and Duties of Department of Environmental Management and Boards
Chapter 2. Powers of Department
13-14-2-1. Orders and Determinations by Commissioner
13-14-2-2. Entry Upon Private or Public Property for Inspection by Agent
13-14-2-3. Department to Represent State in All Matters Pertaining to Environmental Protection
13-14-2-4. Acceptance of Gifts or Other Funds
13-14-2-5. Contract for Legal, Professional, and Other Services
13-14-2-6. Court Actions by Commissioner
13-14-2-7. Orders to Secure Compliance; Civil Penalties
13-14-2-9. Modification of Restrictive Covenants; Recovery of Expenses Incurred