CHAPTER 2. EMERGENCY PLANNING AND NOTIFICATION
IC 13-25-2
Chapter 2. Emergency Planning and Notification
IC 13-25-2-1
Applicability of chapter
Sec. 1. Except as provided in sections 6 and 7 of this chapter, this
chapter does not apply to:
(1) the transportation; or
(2) storage incident to transportation;
of any substance or chemical subject to this chapter, including the
transportation and distribution of natural gas.
As added by P.L.1-1996, SEC.15. Amended by P.L.63-1996, SEC.2.
IC 13-25-2-2
Applicability of chapter; designation of additional facilities
Sec. 2. (a) A substance is subject to this chapter if the substance
is on the list published under 42 U.S.C. 11002(a)(2).
(b) Except as provided in section 6 of this chapter, a facility is
subject to this chapter if a substance on the list referred to in
subsection (a) is present at the facility in an amount that exceeds the
threshold planning quantity established for the substance.
(c) For purposes of emergency planning, the Indiana emergency
response commission may designate additional facilities that are
subject to this chapter if the designation is made after public notice
and opportunity for comment. The commission shall notify a facility
affected by a designation under this section.
As added by P.L.1-1996, SEC.15.
IC 13-25-2-3
Notice that facility is subject to requirements of chapter
Sec. 3. (a) The owner or operator of a facility subject to this
chapter shall notify the commission that the facility is subject to this
chapter.
(b) If:
(1) a substance on the list of substances referred to in section
2(a) of this chapter becomes present at a facility in an amount
that exceeds the threshold planning quantity established for the
substance; or
(2) there is a revision of the list referred to in section 2(a) of
this chapter and the facility has present a substance on the
revised list that exceeds the threshold planning quantity
established for the substance;
the owner or operator of the facility shall notify the commission and
the appropriate local emergency planning committee that the facility
is subject to this chapter not later than sixty (60) days after the
acquisition of the substance or the revision of the list.
As added by P.L.1-1996, SEC.15.
IC 13-25-2-4
Notice to administrator
Sec. 4. The commission shall notify the administrator of the
facilities subject to this chapter by notifying the administrator of:
(1) each notification received from a facility under section 3 of
this chapter; and
(2) each facility designated by the commission under section
2(c) of this chapter.
As added by P.L.1-1996, SEC.15.
IC 13-25-2-5
Local emergency plan
Sec. 5. (a) A local emergency planning committee shall complete
the preparation or review and update of a local emergency plan in
accordance with this section before October 17 of each year. The
local emergency planning committee shall review the plan:
(1) at least one (1) time each year; and
(2) more frequently if required by a change in circumstances in
the community or at a facility.
(b) A local emergency planning committee shall:
(1) evaluate the need for resources necessary to develop,
implement, and exercise the local emergency plan; and
(2) make recommendations with respect to additional resources
that may be required and the means for providing the additional
resources.
(c) A local emergency plan must include the following:
(1) Identification of the following:
(A) Facilities subject to this chapter that are within the
emergency planning district.
(B) Routes likely to be used for the transportation of
substances on the list of extremely hazardous substances.
(C) Additional facilities contributing to or subjected to
additional risk due to the proximity of the facilities to
facilities subject to this chapter, including hospitals or
natural gas facilities.
(2) Methods and procedures to be followed by facility owners
and operators and local emergency and medical personnel to
respond to any release of substances.
(3) Designation of a community emergency coordinator and
facility emergency coordinators who shall make determinations
necessary to implement the local emergency plan.
(4) Procedures providing reliable, effective, and timely
notification by the facility emergency coordinators and the
community emergency coordinator to:
(A) persons designated in the local emergency plan; and
(B) the public;
that a release has occurred consistent with the emergency
notification requirements of section 7 of this chapter.
(5) Methods for determining the occurrence of a release and the
area or population likely to be affected by the release.
(6) A description of emergency equipment and facilities in the
community and at each facility in the community subject to this
chapter and an identification of the persons responsible for the
equipment and facilities.
(7) Evacuation plans, including provisions for a precautionary
evacuation and alternative traffic routes.
(8) Training programs, including schedules for training of local
emergency response and medical personnel.
(9) Methods and schedules for exercising the emergency plan.
(d) For each facility subject to this chapter:
(1) the owner or operator of the facility shall notify:
(A) the emergency planning committee; or
(B) the commission if there is no emergency planning
committee;
of a facility representative who will participate in the
emergency planning process as a facility emergency
coordinator;
(2) the owner or operator of the facility shall promptly inform
the emergency planning committee of any relevant changes
occurring at the facility as the changes occur or are expected to
occur; and
(3) upon request from the emergency planning committee, the
owner or operator of the facility shall promptly provide
information to the emergency planning committee necessary for
developing and implementing the emergency plan.
(e) After completion or update of a local emergency plan under
subsection (a) for an emergency planning district, the local
emergency planning committee shall submit a copy of the local
emergency plan to the commission. The commission shall review the
local emergency plan and make recommendations to the local
emergency planning committee on revisions of the local emergency
plan that may be necessary to ensure coordination of the local
emergency plan with emergency response plans of other emergency
planning districts. To the maximum extent practicable, the review
may not delay implementation of the local emergency plan.
As added by P.L.1-1996, SEC.15.
IC 13-25-2-6
Notice of release of substances
Sec. 6. (a) This section does not apply to any release that results
in exposure to persons solely within the site or sites on which a
facility is located.
(b) If:
(1) a release of an extremely hazardous substance occurs from
a facility at which a hazardous chemical is produced, used, or
stored; and
(2) the release requires a notification under 42 U.S.C. 9603(a);
the owner or operator of the facility shall immediately provide notice
as described in section 7 of this chapter.
(c) If a release of an extremely hazardous substance that is on the
list referred to in section 2 of this chapter occurs from a facility at
which a hazardous chemical is produced, used, or stored and the
release is not subject to the notification requirements under 42
U.S.C. 9603(a), the owner or operator of the facility shall
immediately provide notice as described in section 7 of this chapter
if the release:
(1) is not a federally permitted release (as defined in 42 U.S.C.
9601(10));
(2) is in an amount that exceeds a quantity that the administrator
has determined by regulation requires notice; and
(3) occurs in a manner that would require notification under 42
U.S.C. 9603(a).
(d) If a release of a substance that is not on the list referred to in
section 2 of this chapter occurs at a facility at which a hazardous
chemical is produced, used, or stored, and the release requires
notification under 42 U.S.C. 9603(a), the owner or operator shall
provide notice as follows:
(1) If a reportable quantity has been established for the
substance under 42 U.S.C. 9602(a), the owner or operator shall
provide the notice as described in section 7 of this chapter.
(2) If a reportable quantity has not been established for the
substance under 42 U.S.C. 9602(a), the owner or operator shall
provide the notice as described in section 7 of this chapter for
any release of at least one (1) pound of the substance.
As added by P.L.1-1996, SEC.15.
IC 13-25-2-6.5
Evaluation of notification options; toll free telephone line to be
provided
Sec. 6.5. (a) The department shall work with interested
stakeholders, including the federal government, the general public,
members of the general assembly, and businesses, to evaluate the
feasibility of simplifying and expediting notification under
IC 13-25-2-6. Options to be evaluated include:
(1) connecting persons required to provide notice under
IC 13-25-2-6 with the National Response Center; and
(2) recommending any appropriate changes in federal law.
(b) The department shall implement an option evaluated under
subsection (a) if the option:
(1) is practical to implement;
(2) is technically feasible;
(3) is economically feasible;
(4) is protective of human health and the environment; and
(5) would adequately serve persons required to provide notice
under IC 13-25-2-6.
(c) The department shall provide a toll free long distance
telephone line through which a person required to provide notice
under IC 13-25-2-6 may contact the office described in IC 13-13-3-1
of this chapter.
As added by P.L.126-1996, SEC.5.
IC 13-25-2-7
Notice from owner or operator
Sec. 7. (a) The owner or operator of the facility shall give the
notice required by section 6 of this chapter immediately after the
release to the following:
(1) The community emergency coordinator for the appropriate
local emergency planning committees for any area likely to be
affected by the release.
(2) The commission.
(3) The state emergency planning commission of any other state
likely to be affected by the release.
(b) If a substance that is subject to the reporting requirements
under this section is being transported or is being stored incident to
being transported, the notice requirements of this section may be
satisfied by:
(1) dialing the local 911 emergency telephone number; or
(2) if a local 911 emergency telephone number is not available,
calling the telephone operator.
(c) The notice required by section 6 of this chapter must include
each of the following to the extent known at the time of the notice
and if no delay in responding to the emergency results:
(1) The chemical name or identity of any substance involved in
the release.
(2) An indication of whether the substance is on the list referred
to in section 2 of this chapter.
(3) An estimate of the quantity of any substance that was
released into the environment.
(4) The time and duration of the release.
(5) The medium or media into which the release occurred.
(6) Any known or anticipated acute or chronic health risks
associated with the emergency and, where appropriate, advice
regarding medical attention necessary for exposed individuals.
(7) Proper precautions to take as a result of the release,
including evacuation, unless the information is readily available
to the community emergency coordinator under the local
emergency plan.
(8) The name and telephone number of persons to be contacted
for additional information.
(d) As soon as practicable after a release that requires notice by
section 6 of this chapter, the owner or operator shall provide written
follow-up emergency notices that include and update the information
required by this section, including additional information with
respect to the following:
(1) Actions taken to respond to and contain the release.
(2) Any known or anticipated acute or chronic health risks
associated with the release.
(3) If appropriate, advice regarding medical attention necessary
for exposed individuals.
As added by P.L.1-1996, SEC.15.
IC 13-25-2-8
Material safety data sheet
Sec. 8. (a) The owner or operator of a facility that is required to
prepare or have available a material safety data sheet for a hazardous
chemical under the federal Occupational Safety and Health Act (29
U.S.C. 651 through 658) and regulations adopted under the Act shall
submit a material safety data sheet for each chemical or, preferably,
a list of chemicals described in subsection (b) to each of the
following:
(1) The appropriate local emergency planning committee.
(2) The commission.
(3) The fire department that has jurisdiction over the facility.
(b) The list of chemicals referred to in subsection (a) includes the
following:
(1) A list of the hazardous chemicals for which a material safety
data sheet is required under the federal Occupational Safety and
Health Act (29 U.S.C. 651 through 658) and regulations
adopted under the Act grouped:
(A) in categories of health and physical hazards as set forth
in the federal Occupational Safety and Health Act (29 U.S.C.
651 through 658) and regulations adopted under the Act; or
(B) in other categories as the administrator may establish
under 42 U.S.C. 11021.
(2) The chemical name or the common name of each chemical
as provided on the material safety data sheet.
(3) Any hazardous component of each chemical as provided on
the material safety data sheet.
(c) An owner or operator may meet the requirements of this
section with respect to a hazardous chemical that is a mixture by
doing one (1) of the following:
(1) Submitting a material safety data sheet for, or identifying on
a list, each element or compound in the mixture that is a
hazardous chemical. If more than one (1) mixture has the same
element or compound, only one (1) material safety data sheet or
one (1) listing of the element or compound is necessary.
(2) Submitting a material safety data sheet for, or identifying on
a list, the mixture.
(d) If an owner or operator of a facility submits a list of chemicals
under subsection (a), the owner or operator, upon request by the local
emergency planning committee, shall submit the material safety data
sheet for any chemical on the list to the committee.
(e) A local emergency planning committee, upon request by any
person, shall make available a material safety data sheet to the person
in accordance with section 14 of this chapter. If the local emergency
planning committee does not have the requested material safety data
sheet, the committee shall request the sheet from the facility owner
or operator and then make the sheet available to the person in
accordance with section 14 of this chapter.
(f) The initial material safety data sheet or list required by this
section with respect to a hazardous chemical shall be provided not
later than three (3) months after the date the owner or operator of a
facility is required to prepare or have available a material safety data
sheet for the chemical under the federal Occupational Safety and
Health Act (29 U.S.C. 651 through 658) and regulations adopted
under the Act.
(g) A revised sheet shall be provided to a local emergency
planning committee not later than three (3) months after the date of
a discovery by an owner or operator of significant new information
concerning an aspect of a hazardous chemical for which a material
safety data sheet was previously submitted to the local emergency
planning committee under subsection (a).
As added by P.L.1-1996, SEC.15.
IC 13-25-2-9
Emergency and hazardous chemical inventory form
Sec. 9. (a) The owner or operator of a facility that is required to
prepare or have available a material safety data sheet for a hazardous
chemical under the federal Occupational Safety and Health Act (29
U.S.C. 651 through 658) and regulations adopted under the Act shall
prepare and submit an emergency and hazardous chemical inventory
form to each of the following:
(1) The appropriate local emergency planning committee.
(2) The commission.
(3) The fire department that has jurisdiction over the facility.
(b) The inventory form containing tier I information as described
in subsection (e):
(1) shall be submitted before March 1 of each year; and
(2) must contain data with respect to the preceding year;
unless an owner or operator provides, before March 1 and with
respect to the same year, tier II information as described in section
10(a) of this chapter to the recipients described in subsection (a).
(c) An owner or operator may meet the requirements of this
section and section 10 of this chapter with respect to a hazardous
chemical that is a mixture by doing one (1) of the following:
(1) Providing information on the inventory form on each
element or compound in the mixture that is a hazardous
chemical. If more than one (1) mixture has the same element or
compound, only one (1) listing on the inventory form for the
element or compound at the facility is necessary.
(2) Providing information on the inventory form on the mixture.
(d) A hazardous chemical for which a material safety data sheet
or a listing is required by section 8 of this chapter is subject to this
section and section 10 of this chapter.
(e) An inventory form must contain the following tier I
information in aggregate terms for hazardous chemicals in categories
of health and physical hazards as set forth under the federal
Occupational Safety and Health Act (29 U.S.C. 651 through 658) and
regulations adopted under the Act:
(1) An estimate in ranges of the maximum amount of hazardous
chemicals in each category present at the facility at any time
during the preceding year.
(2) An estimate in ranges of the average daily amount of
hazardous chemicals in each category present at the facility
during the preceding year.
(3) The general location of hazardous chemicals in each
category.
As added by P.L.1-1996, SEC.15.
IC 13-25-2-10
Emergency and hazardous chemical inventory form; tier II
information
Sec. 10. (a) An inventory form must provide the following
additional tier II information for each hazardous chemical present at
the facility only upon request and in accordance with subsection (b):
(1) The chemical name or the common name of the chemical as
provided on the material safety data sheet.
(2) An estimate in ranges of the maximum amount of the
hazardous chemical present at the facility at any time during the
preceding year.
(3) An estimate in ranges of the average daily amount of the
hazardous chemical present at the facility during the preceding
year.
(4) A brief description of the manner of storage of the
hazardous chemical.
(5) The location at the facility of the hazardous chemical.
(6) An indication of whether the owner of the facility elects to
withhold location information of a specific hazardous chemical
from disclosure to the public under section 14 of this chapter.
(b) Upon the request of:
(1) the commission;
(2) a local emergency planning committee; or
(3) a fire department with jurisdiction over a facility;
the owner or operator of a facility shall provide tier II information as
described in subsection (a) to the person making the request. A
request must be made with respect to a specific facility.
(c) A state or local official acting in the official's capacity may
have access to tier II information by submitting a request to the
commission or a local emergency planning committee. Upon receipt
of a request for tier II information, the commission or committee
shall request the facility owner or operator to provide the tier II
information and make the information available to the official.
(d) A person may make a request to the commission or a local
emergency planning committee for tier II information relating to the
preceding year with respect to a facility. The request must be in
writing and must be made with respect to a specific facility.
(e) Any tier II information that the commission or a local
emergency planning committee possesses shall be made available to
a person making a request under this section in accordance with
section 14 of this chapter. If the commission or local emergency
planning committee does not possess the tier II information
requested, the commission or local emergency planning committee
shall request the facility owner or operator to:
(1) provide the tier II information with respect to a hazardous
chemical that a facility has stored in an amount of at least ten
thousand (10,000) pounds present at the facility at any time
during the preceding year; and
(2) make the information available in accordance with section
14 of this chapter;
to the person making the request.
(f) For tier II information that is not in the possession of the
commission or a local emergency planning committee with respect
to a hazardous chemical that a facility has stored in an amount that
is less than ten thousand (10,000) pounds at the facility at any time
during the preceding year, a request from a person must include a
statement specifying the general need for the information. The
commission or local emergency planning committee may request the
facility owner or operator for the tier II information on behalf of the
person making the request. Upon receipt of any information
requested on behalf of the person, the commission or local
emergency planning committee shall make the information available
in accordance with section 14 of this chapter to the person.
(g) The commission or a local emergency planning committee
shall respond to a request for tier II information under this section
not later than seven (7) days after the date the request is received.
As added by P.L.1-1996, SEC.15.
IC 13-25-2-11
Fire department; access for onsite inspection; notice of location
information
Sec. 11. Upon the request of the fire department that has
jurisdiction over a facility that files an inventory form under section
9 of this chapter, the owner or operator of the facility shall:
(1) allow the fire department to conduct an onsite inspection of
the facility; and
(2) provide to the fire department specific location information
on hazardous chemicals at the facility.
As added by P.L.1-1996, SEC.15.
IC 13-25-2-12
Permission to withhold chemical name and identity information
Sec. 12. A person required under section 5(d)(2), 5(d)(3), 8, 9, 10,
or 11 of this chapter to submit information to any other person may
withhold from the information the specific chemical identity,
including the chemical name and other specific identification as
provided in 42 U.S.C. 11042 and regulations adopted by the
administrator under 42 U.S.C. 11042.
As added by P.L.1-1996, SEC.15.
IC 13-25-2-13
Duty to release chemical identity information
Sec. 13. (a) An owner or operator of a facility that is subject to the
requirements of section 8, 9, 10, or 11 of this chapter shall provide
the specific chemical identity, if known, of a hazardous chemical or
extremely hazardous substance to any health professional who
requests the information in writing if the health professional provides
a written statement of need under this section and a written
confidentiality agreement under subsection (e). The written statement
of need must specify that the health professional has a reasonable
basis to suspect that:
(1) the information is needed for purposes of diagnosis or
treatment of an individual;
(2) the individual or individuals being diagnosed or treated have
been exposed to the chemical concerned; and
(3) knowledge of the specific chemical identity of the chemical
will assist in diagnosis or treatment.
After receiving a written request under this subsection, the owner or
operator to whom the request is made shall promptly provide the
requested information to the health professional. Except as provided
under subsection (e), the authority to withhold the specific chemical
identity of a chemical under section 12 of this chapter when the
information is a trade secret does not apply to information required
to be provided under this subsection.
(b) An owner or operator of a facility that is subject to the
requirements of section 8, 9, 10, or 11 of this chapter shall provide
a copy of a material safety data sheet or an inventory form, including
the specific chemical identity, if known, of a hazardous chemical or
extremely hazardous substance to any treating physician or nurse
who requests the information if the physician or nurse determines
that:
(1) a medical emergency exists;
(2) the specific chemical identity of the chemical concerned is
necessary for or will assist in emergency or first-aid diagnosis
or treatment; and
(3) the individual or individuals being diagnosed or treated have
been exposed to the chemical concerned.
Immediately after receiving a request under this subsection, the
owner or operator to whom the request is made shall provide the
requested information to the physician or nurse. The authority to
withhold the specific chemical identity of a chemical from a material
safety data sheet or an inventory form under section 12 of this
chapter when the information is a trade secret does not apply to
information required to be provided to a treating physician or nurse
under this subsection. A written confidentiality agreement or
statement of need is not required as a precondition of the disclosure.
However, the owner or operator disclosing the information may
require a written confidentiality agreement in accordance with
subsection (e) and a statement setting forth the items listed in
subdivisions (1) through (3) as soon as circumstances permit.
(c) An owner or operator of a facility subject to the requirements
of section 8, 9, 10, or 11 of this chapter shall provide the specific
chemical identity, if known, of a hazardous chemical or an extremely
hazardous substance to any health professional, including a
physician, toxicologist, or epidemiologist who:
(1) is a local government employee or a person under contract
with the local government; and
(2) requests the information in writing and provides a written
statement of need under subsection (d) and a written
confidentiality agreement under subsection (e).
After receiving a written request under this subsection, the owner or
operator to whom the request is made shall promptly provide the
requested information to the local health professional. Except as
provided in subsection (e), the authority to withhold the specific
chemical identity of a chemical under section 12 of this chapter when
the information is a trade secret does not apply to information
required to be provided under this subsection.
(d) The written statement of need described in subsection (c) must
describe with reasonable detail at least one (1) of the following
health needs for the information:
(1) To assess exposure of persons living in a local community
to the hazards of the chemical concerned.
(2) To conduct or assess sampling to determine exposure levels
of various population groups.
(3) To conduct periodic medical surveillance of exposed
population groups.
(4) To provide medical treatment to exposed individuals or
population groups.
(5) To conduct studies to determine the health effects of
exposure.
(6) To conduct studies to aid in the identification of a chemical
that may reasonably be anticipated to cause an observed health
effect.
(e) A person who obtains information under subsection (a) or (c)
shall, in accordance with subsection (a) or (c), agree in a written
confidentiality agreement that the person will not use the information
for any purpose other than the health needs asserted in the statement
of need, except as may otherwise be authorized by the terms of the
agreement or by the person providing the information. This
subsection does not preclude the parties to a confidentiality
agreement from pursuing any remedy to the extent permitted by law.
As added by P.L.1-1996, SEC.15.
IC 13-25-2-14
Disclosure to general public
Sec. 14. (a) An emergency response plan, material safety data
sheet, list of chemicals described in section 8(b) of this chapter,
inventory form, and follow-up emergency notice shall be made
available to the general public during normal working hours at the
location or locations designated by the commission or local
emergency planning committee, as appropriate. Upon request by an
owner or operator of a facility subject to the requirements of sections
9 through 10 of this chapter, the commission and the appropriate
local emergency planning committee shall withhold from disclosure
under this section the location of any specific chemical required by
section 10(a) of this chapter to be contained in an inventory form as
tier II information.
(b) A local emergency planning committee shall annually publish
a notice in local newspapers stating that the emergency response
plan, material safety data sheets, and inventory forms have been
submitted under this section. The notice must:
(1) state that follow-up emergency notices may subsequently be
issued; and
(2) announce that members of the public who desire to review:
(A) an emergency response plan;
(B) a material safety data sheet;
(C) an inventory form; or
(D) a follow-up notice;
may do so at the location designated under subsection (a).
As added by P.L.1-1996, SEC.15.
IC 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.
As added by P.L.1-1996, SEC.15.
IC 13-25-2-16
Civil actions by state or unit of local government
Sec. 16. The state or a unit of local government may commence
a civil action against an owner or operator of a facility for failure to
do any of the following:
(1) Provide notification to the emergency response commission
under section 3 of this chapter.
(2) Submit a material safety data sheet or a list under section 8
of this chapter.
(3) Make available information requested under section 8 of this
chapter.
(4) Complete and submit an inventory form under section 9 of
this chapter containing tier I information unless the requirement
does not apply under section 9(b) of this chapter.
As added by P.L.1-1996, SEC.15.
IC 13-25-2-17
Civil actions by commission or local emergency planning
committee
Sec. 17. The commission or a local emergency planning
committee may commence a civil action against an owner or operator
of a facility for failure to:
(1) provide information under section 5(d) of this chapter; or
(2) submit tier II information under section 10 of this chapter.
As added by P.L.1-1996, SEC.15.
IC 13-25-2-18
Costs, attorney's fees and expert witness fees; enforcement under
federal or state law; intervention
Sec. 18. (a) A court, in issuing a final order in an action brought
under section 15, 16, or 17 of this chapter, may award costs of
litigation, including reasonable attorney's fees and expert witness
fees, to the prevailing or the substantially prevailing party if the court
determines that the award is appropriate.
(b) Sections 15, 16, and 17 of this chapter do not restrict or
expand any right that a person may have under federal or state law
to seek enforcement of a requirement or to seek other relief.
(c) In an action brought under section 15, 16, or 17 of this chapter,
the state, if the state is not a party, may intervene as a matter of right.
(d) In an action brought under section 15, 16, or 17 of this
chapter, a person may intervene as a matter of right if:
(1) the person has a direct interest that is or may be adversely
affected by the action; and
(2) the disposition of the action may impair or impede the
person's ability to protect that interest;
unless the state shows that the person's interest is adequately
represented by existing parties to the action.
As added by P.L.1-1996, SEC.15.