Sec. 8. (a) In an action under this chapter, whenever the petitioner has made a prima facie showing that the conduct of the respondent has or is reasonably likely to impair, pollute, or destroy the environment of Indiana, the respondent has the burden of establishing the following:

(1) If there is an applicable rule adopted by a state agency setting standards for pollution, impairment, or destruction, or for antipollution devices, the respondent has the burden of establishing compliance with the rule, which constitutes a prima facie defense to petitioner’s claim.

(2) If there is not an applicable rule, the respondent has the burden of establishing that:

(A) there is no feasible and prudent alternative; and

(B) the conduct, program, or product at issue is consistent with and reasonably required for the promotion of the public health, safety, and welfare in light of the state’s paramount concern for the protection of the environment from pollution, impairment, or destruction.

     (b) Upon the respondent establishing the proof under subsection (a):

(1) the respondent is considered to have rebutted the prima facie showing; and

(2) the petitioner has the burden of going forward with the evidence.

[Pre-1996 Recodification Citation: 13-6-1-2.]

As added by P.L.1-1996, SEC.20.