1. (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. (1) commence:

      1. (A) an administrative proceeding; or

      2. (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. (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. (3) diligently pursue:

      1. (A) an administrative proceeding; or

      2. (B) a civil action;

         concerning the alleged pollution, impairment, or destruction after the administrative proceeding or civil action is commenced.

2. (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).]

As added by P.L.1-1996, SEC.20.