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
13-30-4-2Additional civil penalty; emergency orders 13-30-4-4Waiver eligibility determination by compliance
assistance program
Notes of Decisions
W. Ohio Pizza, Inc. v. Clark Oil & Refining Corp., 704 N.E.2d 1086 (Ind. Ct. App. 1999).
· cites it 6× “Whether the trial court properly concluded that Western could not recover clean-up costs from Clark under Ind.Code § 13-30-3-13 because Western was not the owner of the property at the time of the leak and there was no proof that Clark dumped any material during the time Western…”
5200 Keystone Ltd. Realty, LLC v. Filmcraft Labs., Inc., 30 N.E.3d 5 (Ind. Ct. App. 2015).
· cites it 2× “3 to recover costs associated with remediation of hazardous substances released into the soil or groundwater on the Site, an action under I.C. § 13-30-3-13(d) to recover expenses and attorney fees incurred because solid waste was illegally dumped on the Site, and an action under…”
Haber Land Co. v. Am. Steel City Indus. Leasing, Inc., 388 F. Supp. 3d 1050 (2019).
· cites it 2× “Ind. Code § 13-30-3-13 . Caterpillar's argument regarding contemporaneous ownership rests on the statutory requirement that the illegal dumping occur "without the landowner's consent.”
Filmcraft Labs., Inc. v. 5200 Keystone Ltd. Realty, LLC (Ind. Ct. App. 2012).
· cites it 6× “x filed suit against Filmcraft, seeking contribution from Filmcraft for future environmental cleanup costs and alleging that Filmcraft was responsible for these cleanup costs under: (1) Indiana’s Environmental Legal Action (“ELA”) statute, Indiana Code section 13-30-9-2,7…”
Ind. Code § 13-30-3-13(d): 4 cases
5200 Keystone Ltd. Realty, LLC v. Filmcraft Labs., Inc., 30 N.E.3d 5 (Ind. Ct. App. 2015).
“3 to recover costs associated with remediation of hazardous substances released into the soil or groundwater on the Site, an action under I.C. § 13-30-3-13(d) to recover expenses and attorney fees incurred because solid waste was illegally dumped on the Site, and an action under…”
Filmcraft Labs., Inc. v. 5200 Keystone Ltd. Realty, LLC (Ind. Ct. App. 2012).
“x filed suit against Filmcraft, seeking contribution from Filmcraft for future environmental cleanup costs and alleging that Filmcraft was responsible for these cleanup costs under: (1) Indiana’s Environmental Legal Action (“ELA”) statute, Indiana Code section 13-30-9-2,7…”
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treatment. Dots show Syfertize treatment of the citing case itself.