Except as provided in IC 13-14-6 , the commissioner may proceed in court, by appropriate action, to:

1. (1) enforce any final order of the commissioner or the board;
2. (2) collect any penalties or fees;
3. (3) procure or secure compliance with this title or any other law that the department has the duty or power to enforce;
4. (4) procure compliance with any standard or rule of the board;

5. (5) enforce a restrictive covenant (as defined in IC 13-11-2-193.5 ) in accordance with the terms of the covenant if the covenant is:

   1. (A) executed before July 1, 2009;
   2. (B) approved by the commissioner; and

   3. (C) created in connection with any:

      1. (i) remediation;
      2. (ii) closure;
      3. (iii) cleanup;
      4. (iv) corrective action; or

      5. (v) determination exercising enforcement discretion or of no further action being required;

         approved by the department under this title; or

6. (6) enforce a restrictive covenant (as defined in IC 13-11-2-193.5 ) in accordance with the terms of the covenant if the covenant is:

   1. (A) executed after June 30, 2009; and

   2. (B) created in connection with any of the following approved by the department under this title:

      1. (i) A remediation.
      2. (ii) A closure.
      3. (iii) A cleanup.
      4. (iv) A corrective action.

      5. (v) A determination exercising enforcement discretion or of no further action being required.

         [Pre-1996 Recodification Citation: 13-7-5-7.]

As added by P.L.1-1996, SEC.4. Amended by P.L.61-2001, SEC.1; P.L.78-2009, SEC.10; P.L.133-2012, SEC.81.