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Indiana Code

Ind. Code § 13-14-2-6 (2025)

Court actions by commissioner

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 6. Except as provided in IC 13-14-6, the commissioner may proceed in court, by appropriate action, to:

(1) enforce any final order of the commissioner or the board;

(2) collect any penalties or fees;

(3) procure or secure compliance with this title or any other law that the department has the duty or power to enforce;

(4) procure compliance with any standard or rule of the board;

(5) enforce a restrictive covenant (as defined in IC 13-11-2-193.5) in accordance with the terms of the covenant if the covenant is:

(A) executed before July 1, 2009;

(B) approved by the commissioner; and

(C) created in connection with any:

(i) remediation;

(ii) closure;

(iii) cleanup;

(iv) corrective action; or

(v) determination exercising enforcement discretion or of no further action being required;

approved by the department under this title; or

(6) enforce a restrictive covenant (as defined in IC 13-11-2-193.5) in accordance with the terms of the covenant if the covenant is:

(A) executed after June 30, 2009; and

(B) created in connection with any of the following approved by the department under this title:

(i) A remediation.

(ii) A closure.

(iii) A cleanup.

(iv) A corrective action.

(v) A determination exercising enforcement discretion or of no further action being required.

[Pre-1996 Recodification Citation: 13-7-5-7.]

As added by P.L.1-1996, SEC.4. Amended by P.L.61-2001, SEC.1; P.L.78-2009, SEC.10; P.L.133-2012, SEC.81.

 

Notes of Decisions
Cited in 3 cases, 2000–2008 · leading case: Indiana Dep't of Env't Mgmt. v. Raybestos Prods. Co., 897 N.E.2d 469 (Ind. 2008).
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Indiana Dep't of Env't Mgmt. v. Raybestos Prods. Co., 897 N.E.2d 469 (Ind. 2008). · cites it 2× “I.C. §§ 13-14-2-6, -20-15-7, -30-3-3. We do not address whether it applies to this action instituted under the Hazardous Substances Response Trust Fund provisions, id.”
Indiana Dep't of Env't Mgmt. v. Med. Disposal Servs., Inc., 729 N.E.2d 577 (Ind. 2000). · cites it 2× “See Ind.Code Ann. § 13-14-2-6, -30-4-l(b) (West 1998) (formerly Ind.”
Save the Valley, Inc. v. Ferguson, 896 N.E.2d 1205 (Ind. Ct. App. 2008). · cites it 2× “Ind.Code § 13-14-2-6. More specifically, IDEM may pursue in-junctive relief to enforce laws pertaining to CFOs.”
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