Sec. 8. (a) A person who has filed a complaint under IC 13-30-1 may proceed against the alleged violator if the department does not: (1) commence: (A) an administrative proceeding; or (B) a civil action; on the alleged pollution, impairment, or destruction not later than ninety (90) days after receiving notice under IC 13-30-1-2 ; (2) take steps not later than ninety (90) days after receiving notice under IC 13-30-1-2 to have a criminal prosecution commenced on the alleged pollution, impairment, or destruction; or (3) diligently pursue: (A) an administrative proceeding; or (B) a civil action; concerning the alleged pollution, impairment, or destruction after the administrative proceeding or civil action is commenced. (b) The department does not have to be joined as a party in an action under this section. [Pre-1996 Recodification Citation: 13-7-11-2(g).]
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