Citations Affected:
IC 34-19-1-2.
Synopsis: Nuisance actions and solid waste districts. Allows a civil
action to abate or enjoin a nuisance caused by the unlawful dumping of
solid waste to be brought by an attorney representing the solid waste
management district in which the nuisance exists. Allows a county,
city, town, or solid waste management district that brings a successful
action to abate or enjoin a nuisance caused by the unlawful dumping of
solid waste to recover cleanup costs incurred by the county, city, town,
or solid waste management district to remove and appropriately dispose
of the unlawfully dumped solid waste.
Effective: July 1, 2001.
January 18, 2001, read first time and referred to Committee on Judiciary.
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
SECTION 1.
IC 34-19-1-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) An action to
abate or enjoin a nuisance may be brought by any person whose:
(1) property is injuriously affected; or
(2) personal enjoyment is lessened;
by the nuisance.
(b) A civil action to abate or enjoin a nuisance may also be brought
by:
(1) an attorney representing:
(A) the county; or
(B) subject to subsection (d), the solid waste management
district established under
IC 13-21-3-1
;
in which a nuisance exists; or
(2) the attorney of any city or town in which a nuisance exists.
(c) A county, city, or town, or solid waste management district
that brings a successful action under this section (or
IC 34-1-52-2
before its repeal) to abate or enjoin a nuisance caused by the unlawful
dumping of solid waste is entitled to recover:
(1) reasonable attorney's fees and court costs incurred in
bringing the action; and
(2) reasonable cleanup costs incurred by the county, city,
town, or solid waste management district to remove and
appropriately dispose of the unlawfully dumped solid waste.
(d) A solid waste management district may bring a civil action
under this chapter only to abate or enjoin a nuisance caused by the
unlawful dumping of solid waste and to recover fees and costs
under subsection (c).