CHAPTER 14. ENFORCEMENT AND PENALTIES
IC 13-23-14
Chapter 14. Enforcement and Penalties
IC 13-23-14-1
Enforcement of chapter; penalties
Sec. 1. (a) This article shall be enforced under IC 13-30-3.
(b) Except as provided in sections 2, 3, and 4 of this chapter,
violations of this article are subject to the penalties imposed by the
following:
(1) IC 13-30-4.
(2) IC 13-30-5.
(3) IC 13-30-8.
In addition, a violation of this article may lead to criminal
prosecution under IC 13-30-10.
As added by P.L.1-1996, SEC.13. Amended by P.L.137-2007,
SEC.28.
IC 13-23-14-2
Failure to notify; false information
Sec. 2. A person who violates a rule adopted under IC 13-23-1-2
by:
(1) knowingly failing to give a required notification; or
(2) submitting false information;
is subject to a civil penalty of not more than ten thousand dollars
($10,000) for each underground storage tank for which a required
notification is not given or for which false information is submitted.
As added by P.L.1-1996, SEC.13.
IC 13-23-14-3
Violation of requirements, standards, or rules of underground
storage tank program; exceptions
Sec. 3. (a) Except as provided in subsection (b), a person who
violates:
(1) a requirement or standard set forth in this article; or
(2) a rule adopted under IC 13-23-1-2 other than a violation
described in section 2 of this chapter;
is subject to a civil penalty of not more than ten thousand dollars
($10,000) per underground storage tank for each day of violation.
(b) A person is not subject to the civil penalty described in
subsection (a) if:
(1) the violation arose from an underground storage tank that is
on a brownfield;
(2) the person was not the owner or operator of the underground
storage tank when the violation first occurred;
(3) the person does not dispense a regulated substance into or
from the underground tank:
(A) for any purpose other than temporary or permanent
closure; or
(B) in violation of any federal, state, or local regulations;
and
(4) the underground storage tank is brought into compliance
with this article not later than one (1) year after the person
acquired ownership of the property.
As added by P.L.1-1996, SEC.13. Amended by P.L.122-1999, SEC.2
and P.L.119-1999, SEC.14.
IC 13-23-14-4
Noncompliance with orders
Sec. 4. A person who fails to comply with an order issued by the
commissioner under this article or IC 13-7-20 (before its repeal) after
the order becomes effective is subject to a civil penalty of not more
than twenty-five thousand dollars ($25,000) for each day of
continued noncompliance.
As added by P.L.1-1996, SEC.13.