Sec. 3. (a) The state may not impose differential treatment against solid waste involved in interstate commerce unless:

(1) authorized by federal law;

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Terms Used In Indiana Code 13-19-1-3

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
(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).]

As added by P.L.1-1996, SEC.9.