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Indiana Code Title 13. Environment § 13-30-3-8

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 8. (a) A person who has filed a complaint under IC 13-30-1 may proceed against the alleged violator if the department does not:

(1) commence:

(A) an administrative proceeding;  or

(B) a civil action;

on the alleged pollution, impairment, or destruction not later than ninety (90) days after receiving notice under IC 13-30-1-2;

(2) take steps not later than ninety (90) days after receiving notice under IC 13-30-1-2 to have a criminal prosecution commenced on the alleged pollution, impairment, or destruction;  or

(3) diligently pursue:

(A) an administrative proceeding;  or

(B) a civil action;

concerning the alleged pollution, impairment, or destruction after the administrative proceeding or civil action is commenced.

(b) The department does not have to be joined as a party in an action under this section.

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Cite this article: FindLaw.com - Indiana Code Title 13. Environment § 13-30-3-8 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-13-environment/in-code-sect-13-30-3-8/

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