Indiana § 13-30-3-13 - Landowners on whose land garbage has been dumped without consent; parties; expenses; attorney's fees

§ 13-30-3-13. Landowners on whose land garbage has been dumped without consent; parties; expenses; attorney's fees

Sec. 13. (a) Except as provided in subsection (c), an enforcement action may not be taken under this chapter for a violation of IC 13-30-2-1(5) against a landowner on whose land garbage or other solid waste, except hazardous waste, has been illegally dumped without the landowner's consent unless the commissioner has made a diligent and good faith effort to identify, locate, and take enforcement action against a person who appears likely to have committed or caused the illegal dumping.

(b) A landowner described in subsection (a) who in good faith provides information to the commissioner concerning:

(1) a name;

(2) an address; or

(3) any other evidence of a responsible person's identity found in garbage or other solid waste dumped on the landowner's land;

is not liable to a person for an action taken by the commissioner against the person as a result of the information provided the landowner.

(c) The commissioner may include the owner of land on which a violation of IC 13-30-2-1(5) has apparently occurred as a party in any enforcement action against a person who allegedly committed the violation of IC 13-30-2-1(5) so that the commissioner may order the landowner to allow the alleged violator access to the land to remove and dispose of the solid waste allegedly dumped on the land in violation of IC 13-30-2-1(5).

(d) A landowner on whose land garbage or other solid waste has been illegally dumped without the landowner's consent may, in addition to any other legal or equitable remedy available to the landowner, recover from the person responsible for the illegal dumping:

(1) reasonable expenses incurred by the landowner in disposing of the garbage or other solid waste; and

(2) reasonable attorney's fees.

[Pre-1996 Recodification Citation: 13-7-11-6.]

As added by P.L.1-1996, SEC.20.

IC 13-30-4Chapter 4. Civil Penalties

13-30-4-1Violations 13-30-4-2Additional civil penalty; emergency orders 13-30-4-3Waiver of civil penalties 13-30-4-4Waiver eligibility determination by compliance assistance program