Indiana § 13-25-2-15 - Civil actions by persons

§ 13-25-2-15. Civil actions by persons

Sec. 15. (a) A person may commence a civil action on the person's behalf against the following:

(1) An owner or operator of a facility, for failure to do any of the following:

(A) Submit a follow-up emergency notice under section 7(d) of this chapter.

(B) Submit a material safety data sheet or a list under section 8 of this chapter.

(C) Complete and submit an inventory form under section 9 of this chapter containing tier I information as described in section 9 of this chapter unless the requirement does not apply under section 9(b) of this chapter.

(2) The commission, for failure to provide a mechanism for public availability of information in accordance with section 14 of this chapter.

(3) The commission, for failure to respond to a request for tier II information under section 10 of this chapter not later than one hundred twenty (120) days after the date the request is received.

(b) An action under subsection (a) against an owner or operator of a facility must be brought in a court having jurisdiction.

(c) A court has jurisdiction in actions brought under subsection (a) against an owner or operator of a facility to:

(1) enforce the requirement concerned; and

(2) impose any civil penalty provided for violation of the requirement.

(d) An action may not be commenced under subsection (a)(1)(A) until at least sixty (60) days after the date the plaintiff gives notice of the alleged violation to the state and the alleged violator. Notice must be given in the manner prescribed by the administrator under regulations adopted under 42 U.S.C. 11001 et seq.

(e) An action may not be commenced under subsection (a)(1)(B) or (a)(1)(C) until at least sixty (60) days after the date the plaintiff gives notice to the commission that the plaintiff will commence the action. Notice must be given in a manner prescribed by the administrator under regulations adopted under 42 U.S.C. 11001 et seq.

(f) An action may not be commenced under subsection (a) against an owner or operator of a facility if the administrator has commenced and is diligently pursuing an administrative order or a civil action to:

(1) enforce the requirement concerned; or

(2) impose a civil penalty under 42 U.S.C. 11001 et seq.

[Pre-1996 Recodification Citation: 13-7-37-20(a), (d), (e), (f), (g), (h).]

As added by P.L.1-1996, SEC.15.