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 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.
Indiana Legal Code