IC 13-14-6-2
Limitation of actions
Sec. 2. A department enforcement action must commence by issuing a notice of violation under IC 13-30-3-3 not more than three (3) years after the date the department discovers:
(1) the event; or
(2) the last of a series of events;
that serves as the basis of the department's authority to conduct the enforcement action.
IC 13-14-6-3
Void actions
Sec. 3. A department enforcement action commenced after the time set forth in section 2 of this chapter is void.
As added by P.L.1-1996, SEC.4.
IC 13-30-4-1
Violations
b) The department may:
(1) recover the civil penalty described in subsection (a) in a civil action commenced in any court with

jurisdiction; and
(2) request in the action that the person be enjoined from continuing the violation.
IC 13-30-4-4
Waiver eligibility determination by compliance assistance program
Sec. 4. To determine eligibility for a waiver under section 3 of this chapter, a business required to correct a violation may contact the technical and compliance assistance program established under IC 13-28-3. The confidentiality provision in IC 13-28-3-4 applies to the contact.
As added by P.L.1-1996, SEC.20.
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IC 13-30-9-4
Payment of unrecovered costs
Sec. 4. If the commissioner is not able to recover the total costs of a removal or remedial action from the responsible parties under this chapter, the unrecovered costs may be paid from the hazardous substances response trust fund established under IC 13-25-4-1.
As added by P.L.59-1997, SEC.23.
IC 13-30-9-5
Defenses
Sec. 5. A defendant in an environmental legal action may assert defenses provided by law or equity, including a defense that damages suffered by the person who brought the environmental legal action were caused in whole or in part by a nonparty.
As added by P.L.59-1997, SEC.23.
IC 13-30-3-3
Notice of violation; offer of opportunity to enter into agreed order; failure to enter into agreed order
Sec. 3. (a) The commissioner shall:
(1) notify the alleged violator in writing that the commissioner believes a violation may exist; and
(2) offer the alleged violator an opportunity to enter into an agreed order providing for:
(A) the actions required to correct the violation; and
(B) if appropriate, the payment of a civil penalty.
(b) The commissioner is not required to extend the offer under subsection (a)(2) for more than sixty (60) days.
(c) An alleged violator may enter into an agreed order without admitting that the violation occurred.
(d) A notification under this section does not constitute a notice of violation for purposes of IC 14-34-3-3(20).
(e) If an agreed order is not entered into, the commissioner may proceed under section 4 of this chapter to issue a notice and order.
As added by P.L.1-1996, SEC.20.
(c) A copy of the notice and order may also be sent to a local governmental unit that is a party to the action.
(2) a law relating to emergency orders;
an order of the commissioner under this chapter takes effect twenty (20) days after the alleged violator receives the notice, unless the alleged violator requests under subsection (b) a review of the order before the twentieth day after receiving the notice.
(b) To request a review of the order, the alleged violator must:
(1) file a written request with the office of environmental adjudication under IC 4-21.5-7; and
(2) serve a copy of the request on the commissioner.
(c) If a review of an order is requested under this section, the office of environmental adjudication established under IC 4-21.5-7 shall review the order under IC 4-21.5.
IC 13-30-3-7
Final order; judicial review
Sec. 7. A final order of an environmental law judge is subject to judicial review under IC 4-21.5-5.
IC 13-30-3-9
Hearings; complainant's burden
Sec. 9. In hearings under this chapter, the burden is on the complainant to show the alleged violation.
(2) Impose monetary penalties in accordance with the following:
(A) Environmental management laws.
(B) Air pollution control laws.
(C) Water pollution control laws.
(4) Revoke a permit or condition or modify the terms of a permit.
IC 13-30-3-12
Performance bond; surety
Sec. 12. If an order of the commissioner allows time during which to correct a violation, the order may provide for the posting of a performance bond with surety or security acceptable to the department to assure the correction of the violation within the time prescribed in the order.
Herbert L. Corn was sentenced to one year in prison on each of five counts to be served concurrently. Following the prison sentence, Corn was ordered to serve one year of supervised release, which includes three months of home detention, on each count to run concurrently.
On June 16, 2009, Corn pleaded guilty to a five-count felony information charging him with making false statements in discharge monitoring reports submitted to the Indiana Department of Environmental Management (IDEM). Corn admitted that from September 2004 and continuing through May 2007, he submitted at least five reports containing false data for treated water that was discharged from the Rochester Plant into Mill Creek, a tributary of the Tippecanoe River.