Indiana § 13-19-1-3 - Differential treatment; injunctive relief

§ 13-19-1-3. Differential treatment; injunctive relief

Sec. 3. (a) The state may not impose differential treatment against solid waste involved in interstate commerce unless:

(1) authorized by federal law;

(2) differential treatment of solid waste in interstate commerce equalizes financial, regulatory, or enforcement burdens among:

(A) persons engaged in or benefitting from the interstate commerce; or

(B) any other group of persons; or

(3) the differential treatment serves a legitimate state purpose that could not be served as well by reasonably available means that did not impose differential treatment.

(b) A court may enjoin a violation of this section but may not award monetary damages or attorney's fees against any of the following:

(1) The state.

(2) A state agency.

(3) An officer or employee of the state.

[Pre-1996 Recodification Citation: 13-7-1-1(d).]

As added by P.L.1-1996, SEC.9.

IC 13-19-2Chapter 2. Repealed[Pre-1996 Recodification Citations:

13-19-2-1formerly13-1-12-6(a)13-19-2-2formerly13-1-12-6(b) part13-19-2-3formerly13-1-12-6(c) part13-19-2-4formerly13-1-12-6(b) part13-19-2-5formerly13-1-12-6(c) part13-19-2-6formerly13-1-12-6(c) part13-19-2-7formerly13-1-12-7(a) part, (b) part13-19-2-8formerly13-1-12-7(b) part13-19-2-9formerly13-1-12-7(a) part13-19-2-10formerly13-1-12-7(b) part13-19-2-11formerly13-1-12-7(c).]Repealed by P.L.133-2012, SEC.131.

IC 13-19-3Chapter 3. Powers and Duties Concerning Solid Waste and Hazardous Waste Management

13-19-3-1Waste rules 13-19-3-1.3Rules on legitimate use of solid or hazardous waste 13-19-3-2Orders; review by administrative law judge 13-19-3-3Prohibited areas of regulation; coal combustion residuals; legacy generation resource; state permit program; fees 13-19-3-3.1Restriction on regulations concerning coal mining waste and coal combustion residuals 13-19-3-3.2CCR program fund; purposes; administration 13-19-3-4Vertical expansions of existing permitted landfills; rules prohibited 13-19-3-5Vertical expansions of existing permitted landfills; environmental assessments 13-19-3-6Vertical expansions of existing permitted landfill; submission of design, engineering, and operational requirements 13-19-3-7Use of foundry sand 13-19-3-7.2Rules for voluntary certification programs 13-19-3-8Use of slag 13-19-3-8.2Permit modification to prohibit processing or disposal of solid waste 13-19-3-9Construction\demolition waste; setback requirements