Section 13-30-3-8 - Private actions permitted; conditions(a) A person who has filed a complaint under IC 13-30-1 may proceed against the alleged violator if the department does not:(1) commence: (A) an administrative proceeding; or(B) a civil action; on the alleged pollution, impairment, or destruction not later than ninety (90) days after receiving notice under IC 13-30-1-2;
(2) take steps not later than ninety (90) days after receiving notice under IC 13-30-1-2 to have a criminal prosecution commenced on the alleged pollution, impairment, or destruction; or(3) diligently pursue: (A) an administrative proceeding; or(B) a civil action; concerning the alleged pollution, impairment, or destruction after the administrative proceeding or civil action is commenced.
(b) The department does not have to be joined as a party in an action under this section.Pre-1996 Recodification Citation: 13-7-11-2(g).
As added by P.L. 1-1996, SEC.20.