Sec. 9.

ARTICLE IX. PENALTIES AND ENFORCEMENT

Terms Used In Indiana Code 13-29-1-9

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
     a. Each party state shall prescribe and enforce penalties against any person who is not an official of another state for violation of any provision of this compact.

     b. The parties to this compact intend that the courts of the United States shall specifically enforce the obligations, including the obligations of party states and revoked or withdrawn party states, established by this compact.

     c. The Commission, an affected party state, or both may obtain injunctive relief, recover damages, or both to prevent or remedy violations of this compact.

     d. Each party state acknowledges that the transport into a host state of waste packaged or transported in violation of applicable laws, rules, and regulations may result in the imposition of sanctions by the host state which may include reasonable financial penalties assessed against any generator, transporter, or collector responsible for the violation, or suspension or revocation of access to the compact facility in the host state by any generator, transporter, or collector responsible for the violation.

     e. Each party state has the right to seek legal recourse against any party state which acts in violation of this compact.

     f. This compact shall not be construed to create any cause of action for any person other than a party state or the Commission. Nothing in Article IX(f) of this compact shall limit the right of judicial review set forth in Article III(n)(3) of this compact or the rights of contribution set forth in Articles III(p), VI(o), VI(s), and VII(g) of this compact.

[Pre-1996 Recodification Citation: 13-5-9-9.]

As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.10.