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.
[Pre-1996 Recodification Citation: 13-7-5-7.]
As added by P.L.1-1996, SEC.4. Amended by P.L.61-2001, SEC.1; P.L.78-2009, SEC.10; P.L.133-2012, SEC.81.
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