Indiana § 14-34-15-12 - Civil action

§ 14-34-15-12. Civil action

Sec. 12. (a) In addition to other remedies available under statutory or common law, a person with an interest that is or may be adversely affected may commence a civil action on the person's own behalf to compel compliance with this article against any of the following:

(1) A person allegedly in violation of:

(A) this article;

(B) a commission rule adopted under this article; or

(C) a notice or an order issued under:

(i) IC 13-4.1 (before its repeal); or

(ii) this article.

However, a commencement of an action under this subdivision must occur in the county in which the surface coal mining and reclamation operation complained of is located.

(2) The director or the commission to the extent permitted by the Constitution of the State of Indiana and IC 34-13-3 if the person allegedly fails to perform an act or a duty required under this article. However, commencement of an action under this subdivision must occur in the county in which the complained of action should have taken place.

(b) A person may not commence an action under subsection (a)(1):

(1) less than sixty (60) days after notice is given by the person to:

(A) the director;

(B) the commission; and

(C) an alleged violator; or

(2) if the director or the state has commenced a civil action and is diligently prosecuting the action to require compliance with:

(A) this article;

(B) a commission rule adopted under this article; or

(C) a notice or an order issued under:

(i) IC 13-4.1 (before its repeal); or

(ii) this article.

However, any person may intervene in the action as a matter of right.

(c) A person may not commence an action under subsection (a)(2) less than sixty (60) days after the person has notified the director or the commission in writing of the intention to commence an action. However, the person may commence an action immediately after the written notification if the alleged violation:

(1) constitutes an imminent threat to the health or safety of the person; or

(2) would immediately affect a legal interest of the person.

(d) In an action commenced under subsection (a)(2):

(1) the director;

(2) the commission; or

(3) the Secretary of the United States Department of the Interior;

may intervene as a matter of right.

(e) The court may, in issuing a final order in an action brought under subsection (a), award the costs of litigation, including attorney's and expert witness fees, to any party if the court determines the award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Indiana Rules of Trial Procedure.

(f) This section does not restrict a right that a person or class of persons has under a statute or common law to do the following:

(1) Seek enforcement of the following:

(A) This article.

(B) The rules adopted under this article.

(2) Seek any other relief, including relief against the commission.

[Pre-1995 Recodification Citation: 13-4.1-11-11(a), (b), (c), (d), (e), (f).]

As added by P.L.1-1995, SEC.27. Amended by P.L.1-1998, SEC.112.