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13-19-1-3. Differential treatment; injunctive relief

IN Code § 13-19-1-3 (2019) (N/A)
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Sec. 3. (a) The state may not impose differential treatment against solid waste involved in interstate commerce unless:

(1) authorized by federal law;

(2) differential treatment of solid waste in interstate commerce equalizes financial, regulatory, or enforcement burdens among:

(A) persons engaged in or benefitting from the interstate commerce; or

(B) any other group of persons; or

(3) the differential treatment serves a legitimate state purpose that could not be served as well by reasonably available means that did not impose differential treatment.

(b) A court may enjoin a violation of this section but may not award monetary damages or attorney's fees against any of the following:

(1) The state.

(2) A state agency.

(3) An officer or employee of the state.

[Pre-1996 Recodification Citation: 13-7-1-1(d).]

As added by P.L.1-1996, SEC.9.

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13-19-1-2. State goal of encouraging source reduction and recycling; annual report on the environment; rules on legitimate use of waste
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