Sec. 1. (a) Whenever the commissioner concludes, in consultation with the commissioner of the Indiana department of health, that contamination of air, water, or land in any area has reached the point where the contamination constitutes a clear and present danger to the health and safety of persons in any area, the commissioner’s determination shall be immediately communicated to the governor. The commissioner, in concert with the commissioner of the Indiana department of health, shall request the governor to declare that an emergency exists.

     (b) The governor may:

(1) proclaim the existence of an emergency; and

(2) order all persons causing or contributing to the causing of the contamination to reduce or discontinue immediately the emission or discharge of contaminants.

     (c) Notice of an emergency order must be in writing wherever practicable. However, if the governor considers that written notice is not practicable, the governor may give notice in the manner determined by the governor.

     (d) A person against whom an emergency order of the governor has been issued shall, upon receiving notice of the order, immediately comply with the provisions of the order.

     (e) The governor may enforce an order by any appropriate action.

     (f) The procedures for emergency orders provided for in this section are governed by IC 4-21.5-4.

[Pre-1996 Recodification Citation: 13-7-12-1.]

As added by P.L.1-1996, SEC.4. Amended by P.L.56-2023, SEC.127.