Introduced Version






SENATE BILL No. 449

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DIGEST OF INTRODUCED BILL



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.





Simpson




    January 18, 2001, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 449



    A BILL FOR AN ACT to amend the Indiana Code concerning environmental law.

Be it enacted by the General Assembly of the State of Indiana:

    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).