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).] IC 13-19-2 Chapter 2. Repealed [Pre-1996 Recodification Citations: 13-19-2-1 formerly13-1-12-6(a) 13-19-2-2 formerly13-1-12-6(b) part 13-19-2-3 formerly13-1-12-6(c) part 13-19-2-4 formerly13-1-12-6(b) part 13-19-2-5 formerly13-1-12-6(c) part 13-19-2-6 formerly13-1-12-6(c) part 13-19-2-7 formerly13-1-12-7(a) part, (b) part 13-19-2-8 formerly13-1-12-7(b) part 13-19-2-9 formerly13-1-12-7(a) part 13-19-2-10 formerly13-1-12-7(b) part 13-19-2-11 formerly13-1-12-7(c).] IC 13-19-3 Chapter 3. Powers and Duties Concerning Solid Waste and Hazardous Waste Management 13-19-3-1 Board to adopt rules regulating solid and hazardous waste and atomic radiation; federal waste exemptions and exclusions; application of certain federal regulation amendments 13-19-3-1.3 Rules on legitimate use of solid or hazardous waste 13-19-3-2 Orders; review by administrative law judge 13-19-3-3 Prohibited areas of regulation; coal combustion residuals; legacy generation resource; state permit program; fees 13-19-3-3.1 Restriction on regulations concerning coal mining waste and coal combustion residuals 13-19-3-3.2 CCR program fund; purposes; administration 13-19-3-4 Vertical expansions of existing permitted landfills; rules prohibited 13-19-3-5 Vertical expansions of existing permitted landfills; environmental assessments 13-19-3-6 Vertical expansions of existing permitted landfill; submission of design, engineering, and operational requirements 13-19-3-7 Use of foundry sand 13-19-3-7.2 Rules for voluntary certification programs 13-19-3-8 Use of slag 13-19-3-8.2 Permit modification to prohibit processing or disposal of solid waste 13-19-3-9 Construction\demolition waste; setback requirements
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