CHAPTER 4. CIVIL PENALTIES
IC 13-30-4
Chapter 4. Civil Penalties
IC 13-30-4-1
Violations
Sec. 1. (a) Subject to IC 13-14-6 and except as provided in
IC 13-23-14-2 and IC 13-23-14-3, a person who violates:
(1) any provision of:
(A) environmental management laws;
(B) air pollution control laws;
(C) water pollution control laws;
(D) IC 13-18-14-1; or
(E) a rule or standard adopted by one (1) of the boards; or
(2) any determination, permit, or order made or issued by the
commissioner under:
(A) environmental management laws or IC 13-7 (before its
repeal);
(B) air pollution control laws or IC 13-1-1 (before its
repeal); or
(C) water pollution control laws or IC 13-1-3 (before its
repeal);
is liable for a civil penalty not to exceed twenty-five thousand dollars
($25,000) per day of any violation.
(b) The department may:
(1) recover the civil penalty described in subsection (a) in a
civil action commenced in any court with jurisdiction; and
(2) request in the action that the person be enjoined from
continuing the violation.
As added by P.L.1-1996, SEC.20.
IC 13-30-4-2
Additional civil penalty; emergency orders
Sec. 2. (a) Subject to IC 13-14-6 and except as provided in
IC 13-23-14-2 and IC 13-23-14-3, a person who:
(1) is named in or directed by an emergency order under
IC 13-14-10-1; and
(2) violates the order;
is liable for an additional civil penalty not to exceed five hundred
dollars ($500) per hour of violation.
(b) The additional civil penalty described in subsection (a) shall
be assessed in an action brought by the commissioner in any court
with jurisdiction.
As added by P.L.1-1996, SEC.20.
IC 13-30-4-3
Waiver of civil penalties
Sec. 3. (a) The department may waive up to one hundred percent
(100%) of a civil penalty imposed on a business for a minor violation
of:
(1) a requirement of environmental management laws;
(2) a rule adopted by a board; or
(3) any determination, permit, or order made or issued by the
commissioner.
(b) The department may not waive any part of a civil penalty
under this section if the violation:
(1) endangers or causes damage to public health or the
environment;
(2) is intentional, willful, or criminal;
(3) is of a requirement for which the department has previously
issued a notice or warning of violation, for this or a prior
violation, to the business required to correct the violation; or
(4) is not corrected within ninety (90) days after the date the
business required to correct the violation notifies the
department of the violation under subsection (c). The
department may extend the ninety (90) day period for not more
than an additional ninety (90) days.
(c) To seek a waiver of a civil penalty under this section, the
business required to correct the violation must submit to the
department a written report of the violation for which a waiver is
sought. The report must be submitted to the department before an
inspection by the department that discloses the violation or the
issuance of a notice or warning of violation.
(d) The boards may adopt rules to implement this section.
As added by P.L.1-1996, SEC.20. Amended by P.L.123-1996,
SEC.15.
IC 13-30-4-4
Waiver eligibility determination by compliance assistance program
Sec. 4. To determine eligibility for a waiver under section 3 of
this chapter, a business required to correct a violation may contact
the technical and compliance assistance program established under
IC 13-28-3. The confidentiality provision in IC 13-28-3-4 applies to
the contact.
As added by P.L.1-1996, SEC.20.