CHAPTER 16. PENALTIES
IC 14-34-16
Chapter 16. Penalties
IC 14-34-16-1
Civil penalties; violations
Sec. 1. (a) The director:
(1) may, after an opportunity for a public hearing under
IC 4-21.5-3, assess a civil penalty on a permittee who violates:
(A) this article; or
(B) IC 13-4.1 (before its repeal); and
(2) shall, if the director has issued a cessation order for the
violation to the permittee, assess a civil penalty.
(b) The civil penalty assessed under this section may be in an
amount of not more than five thousand dollars ($5,000) for each
violation.
(c) If an operator fails to correct a violation for which a
notification has been issued under:
(1) IC 13-4.1-11-4 (before its repeal); or
(2) IC 14-34-15-5;
in the allotted time for correction, the director may, if a civil penalty
is assessed, assess a civil penalty of not less than seven hundred fifty
dollars ($750) for each day during which the failure or violation
continues.
(d) The time for correction of a violation does not end until the
entry of:
(1) a final order by the director, for review proceedings initiated
by the operator if the director orders, after an expedited hearing,
the suspension of the abatement requirements of the citation
based upon a determination that the operator will suffer
irreparable loss or damage from the application of those
requirements; or
(2) an order of the court, for review proceedings initiated by the
operator if the court orders the suspension of the abatement
requirements of the citation.
As added by P.L.1-1995, SEC.27.
IC 14-34-16-2
Amount of penalty
Sec. 2. In determining the amount of a civil penalty under section
1 of this chapter, the director shall consider the following:
(1) The permittee's history of previous violations at the surface
coal mining and reclamation operation.
(2) The seriousness of the violation, including any irreparable
harm to the environment and hazard to the health and safety of
the public.
(3) The permittee's negligence.
(4) The demonstrated good faith of the permittee to achieve
rapid compliance after notification of the violation.
As added by P.L.1-1995, SEC.27.
IC 14-34-16-3
Each day considered separate violation
Sec. 3. Each day in violation of:
(1) IC 13-4.1 (before its repeal); or
(2) this article;
may be considered a separate violation for purposes of assessing a
civil penalty.
As added by P.L.1-1995, SEC.27.
IC 14-34-16-4
Order to pay penalty; hearing
Sec. 4. (a) Upon the issuance of a notice or an order charging that
a violation of IC 13-4.1 (before its repeal) or this article has
occurred, the director shall, within thirty (30) days, do the following:
(1) Inform the permittee of the amount of penalty assessed.
(2) Issue an order to the permittee to pay the penalty.
(b) The permittee has thirty (30) days from receipt of the order to:
(1) pay the penalty; or
(2) request a hearing to contest the amount.
(c) If the permittee requests a hearing, the permittee shall forward
an amount equal to the assessed penalty to the director, who shall
place the amount in an escrow account. A permittee who desires to
contest the violation or amount of penalty assessed but fails to
forward the amount to the director waives all legal rights to contest
the violation or amount of penalty assessed.
(d) The commission:
(1) shall conduct the hearing in accordance with IC 4-21.5-3;
and
(2) may consolidate this hearing with a hearing conducted under
IC 14-34-15 if appropriate.
(e) If it is determined at the hearing that the civil penalty is
appropriate, the commission shall issue to the permittee a written
decision and an order to pay the penalty within thirty (30) days of
receipt of the order.
(f) If, through administrative or judicial review of the assessed
penalty:
(1) it is determined that a violation did not occur; or
(2) the amount of penalty is reduced;
the director shall, within thirty (30) days of the decision, remit the
appropriate amount to the permittee with interest at the rate of eight
percent (8%) per year.
As added by P.L.1-1995, SEC.27.
IC 14-34-16-5
Action by attorney general to recover civil penalties owed
Sec. 5. The director may request the attorney general to institute
an action in an appropriate court in the county in which the
permittee's surface coal mining and reclamation operation is located
for recovery of civil penalties owed under this article.
As added by P.L.1-1995, SEC.27.
IC 14-34-16-6
Criminal violations
Sec. 6. (a) A person who:
(1) knowingly violates:
(A) a condition of a permit issued under:
(i) IC 13-4.1 (before its repeal); or
(ii) this article;
(B) this article; or
(C) an order issued under:
(i) IC 13-4.1 (before its repeal); or
(ii) this article; or
(2) knowingly makes a false statement, representation, or
certification in an application, a record, a report, a plan, or other
document filed with or required to be maintained by the
director;
commits a Class A misdemeanor.
(b) A person who:
(1) violates subsection (a); or
(2) discloses confidential information to an unauthorized
person;
is subject to IC 14-34-15-5, IC 14-34-15-6, or sections 1 through 5 of
this chapter, as appropriate.
(c) If a person violates subsection (a), the person's application for
a permit may be denied.
As added by P.L.1-1995, SEC.27.
IC 14-34-16-7
Interference with director in performance of director's duties
Sec. 7. A person who willfully resists, prevents, impedes, or
interferes, except as otherwise provided by law, with the director or
the director's representative in the performance of duties under this
article commits a Class A misdemeanor.
As added by P.L.1-1995, SEC.27.
IC 14-34-16-8
Violations of permit and noncompliance by corporate permittee
Sec. 8. If a corporate permittee:
(1) violates a condition of a permit issued under this article; or
(2) fails or refuses to comply with an order issued by the
director;
a director, an officer, or an agent of the corporation who willfully
and knowingly authorized, ordered, or carried out the violation,
failure, or refusal is subject to the same penalties under sections 1
through 6 of this chapter that are imposed on an individual permittee.
As added by P.L.1-1995, SEC.27.
IC 14-34-16-9
Penalties deposited in fund
Sec. 9. All civil penalties collected under this chapter shall be
deposited in the post-1977 abandoned mine reclamation fund
established by IC 14-34-6-15.
As added by P.L.1-1995, SEC.27.