Sec. 3. (a) The state may not impose differential treatment against solid waste involved in interstate commerce unless: (1) authorized by federal law; (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.