Sec. 18. (a) A court, in issuing a final order in an action brought under section 15, 16, or 17 of this chapter, may award costs of litigation, including reasonable attorney's fees and expert witness fees, to the prevailing or the substantially prevailing party if the court determines that the award is appropriate.
(b) Sections 15, 16, and 17 of this chapter do not restrict or expand any right that a person may have under federal or state law to seek enforcement of a requirement or to seek other relief.
(c) In an action brought under section 15, 16, or 17 of this chapter, the state, if the state is not a party, may intervene as a matter of right.
(d) In an action brought under section 15, 16, or 17 of this chapter, a person may intervene as a matter of right if:
(1) the person has a direct interest that is or may be adversely affected by the action; and
(2) the disposition of the action may impair or impede the person's ability to protect that interest;
unless the state shows that the person's interest is adequately represented by existing parties to the action.
[Pre-1996 Recodification Citation: 13-7-37-20(i), (j), (k), (l).]
As added by P.L.1-1996, SEC.15.
Structure Indiana Code
Article 25. Hazardous Substances
Chapter 2. Emergency Planning and Notification
13-25-2-1. Applicability of Chapter
13-25-2-2. Applicability of Chapter; Designation of Additional Facilities
13-25-2-3. Notice That Facility Is Subject to Requirements of Chapter
13-25-2-4. Notice to Administrator
13-25-2-5. Local Emergency Plan
13-25-2-6. Notice of Release of Substances
13-25-2-6.5. Evaluation of Notification Options; Toll Free Telephone Line to Be Provided
13-25-2-7. Notice From Owner or Operator
13-25-2-8. Material Safety Data Sheet
13-25-2-9. Emergency and Hazardous Chemical Inventory Form; Tier Ii Information
13-25-2-10. Filing of Emergency and Hazardous Chemical Inventory Form With Commission
13-25-2-10.4. Annual Fee; Exceptions
13-25-2-10.5. Local Emergency Planning Right to Know Fund
13-25-2-10.6. Distribution of Money in Local Emergency Planning and Right to Know Fund
13-25-2-10.7. Withholding Funding for Noncompliance
13-25-2-11. Fire Department; Access for Onsite Inspection; Notice of Location Information
13-25-2-12. Permission to Withhold Chemical Name and Identity Information
13-25-2-13. Duty to Release Chemical Identity Information
13-25-2-14. Disclosure to General Public
13-25-2-15. Civil Actions by Persons
13-25-2-16. Civil Actions by State or Unit of Local Government
13-25-2-17. Civil Actions by Commission or Local Emergency Planning Committee
13-25-2-19. Commission's Right of Entry, Inspection, and Copying