(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.
Indiana Legal Code