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

   1. (1) authorized by federal law;

   2. (2) differential treatment of solid waste in interstate commerce equalizes financial, regulatory, or enforcement burdens among:

      1. (A) persons engaged in or benefitting from the interstate commerce; or
      2. (B) any other group of persons; or
   3. (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.

2. (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. (1) The state.
   2. (2) A state agency.

   3. (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.