1. (a) The commissioner may proceed in court, by appropriate action, to:

   1. (1) compel a person responsible for the improper disposal of waste tires to undertake a removal or remedial action with respect to the waste tires; or

   2. (2) obtain an order to enter upon private or public property to carry out a removal or remedial action with respect to the waste tires if the commissioner cannot identify or locate another person responsible for carrying out the removal or remedial action who:

      1. (A) is willing to carry out the removal or remedial action and is capable of doing so; or
      2. (B) can be compelled to carry out the removal or remedial action under subdivision (1).

2. (b) The commissioner may issue an administrative order for the purpose set forth in subsection (a)(1).

   [Pre-1996 Recodification Citations: 13-7-23-17 part; 13-7-23-20 part.]

As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.19.