CHAPTER 10. CRIMES
IC 13-30-10
Chapter 10. Crimes
IC 13-30-10-1
Criminal penalties for illegal activities concerning records,recording and monitoring devices, and testing or monitoring data;penalties apply to both electronic submissions and paperdocuments
Sec. 1. (a) A person who knowingly or intentionally destroys,alters, conceals, or falsely certifies a record that:
(1) is required to be maintained under the terms of a permitissued by the department; and
(2) may be used to determine the status of compliance;
commits a Class B misdemeanor.
(b) A person who knowingly or intentionally renders inaccurateor inoperative a recording device or a monitoring device required tobe maintained by a permit issued by the department commits a ClassB misdemeanor.
(c) A person who knowingly or intentionally falsifies testing ormonitoring data required by a permit issued by the departmentcommits a Class B misdemeanor.
(d) The penalties under this section apply regardless of whethera person uses electronic submissions or paper documents toaccomplish the actions described in this section.
As added by P.L.137-2007, SEC.31. Amended by P.L.114-2008,SEC.25.
IC 13-30-10-1.5
Criminal violations and penalties
Sec. 1.5. (a) Except as provided in subsection (b), a personregulated under IC 13-22 who knowingly does any of the followingcommits a Class B misdemeanor:
(1) Transports hazardous waste to an unpermitted facility.
(2) Treats, stores, or disposes of hazardous waste without apermit issued by the department.
(3) Transports, treats, stores, disposes, recycles, or causes to betransported used oil regulated under 329 IAC 13 in violation ofthe standards established by the department for the managementof used oil.
(4) Makes a false material statement or representation in anylabel, manifest, record, report, or other document filed ormaintained under the hazardous waste or used oil standards.
(b) An offense under subsection (a) is a Class D felony if theoffense results in damage to the environment that renders theenvironment unfit for human or vertebrate animal life. An offenseunder subsection (a) is a Class C felony if the offense results in thedeath of another person.
(c) Before imposing sentence upon conviction of an offense undersubsection (a) or (b), the court shall consider either or both of thefollowing factors, if found by the jury or if stipulated to by the
parties in a plea agreement:
(1) If the offense involves discharge of a contaminant into theenvironment, whether that discharge resulted in any or acombination of the following:
(A) A substantial risk of serious bodily injury.
(B) Serious bodily injury to an individual.
(C) The death of a vertebrate animal.
(D) Damage to the environment that:
(i) renders the environment unfit for human or vertebrateanimal life; or
(ii) causes damage to an endangered, an at risk, or athreatened species.
(2) Whether the person did not know and could not reasonablyhave been expected to know that the contaminant dischargedinto the environment was capable of causing a result describedin subdivision (1).
(d) Notwithstanding the maximum fine under IC 35-50-3-3, thecourt shall order a person convicted under subsection (a) to pay afine of at least five thousand dollars ($5,000) per day for eachviolation and not more than twenty-five thousand dollars ($25,000)per day for each violation.
(e) Notwithstanding the maximum fine under IC 35-50-2-6(a) orIC 35-50-2-7(a), the court shall order a person convicted undersubsection (b) to pay:
(1) a fine of at least five thousand dollars ($5,000) and not morethan fifty thousand dollars ($50,000) for each day of violation;or
(2) if the person has a prior unrelated conviction for an offenseunder this title that may be punished as a felony, a fine of atleast five thousand dollars ($5,000) and not more than onehundred thousand dollars ($100,000) for each day of violation.
(f) Except as provided in subsection (g), a person regulated underIC 13-17 who does any of the following commits a Class Cmisdemeanor:
(1) Knowingly violates any applicable requirements ofIC 13-17-4, IC 13-17-5, IC 13-17-6, IC 13-17-7, IC 13-17-8,IC 13-17-9, IC 13-17-10, or IC 13-17-13.
(2) Knowingly violates any air pollution registration,construction, or operating permit condition issued by thedepartment.
(3) Knowingly violates any fee or filing requirement inIC 13-17.
(4) Knowingly makes any false material statement,representation, or certification in any form, notice, or reportrequired by an air pollution registration, construction, oroperating permit issued by the department.
(g) An offense under subsection (f) is a Class D felony if theoffense results in damage to the environment that renders theenvironment unfit for human or vertebrate animal life. An offenseunder subsection (f) is a Class C felony if the offense results in the
death of another person.
(h) Before imposing sentence upon conviction of an offense undersubsection (f) or (g), the court shall consider either or both of thefollowing factors, if found by the jury or if stipulated to by theparties in a plea agreement:
(1) If the offense involves discharge of a contaminant into theenvironment, whether that discharge resulted in any or acombination of the following:
(A) A substantial risk of serious bodily injury.
(B) Serious bodily injury to an individual.
(C) The death of a vertebrate animal.
(D) Damage to the environment that:
(i) renders the environment unfit for human or vertebrateanimal life; or
(ii) causes damage to an endangered, an at risk, or athreatened species.
(2) Whether the person did not know and could not reasonablyhave been expected to know that the contaminant dischargedinto the environment was capable of causing a result describedin subdivision (1).
(i) Notwithstanding the maximum fine under IC 35-50-3-4, thecourt shall order a person convicted under subsection (f) to pay a fineof at least five thousand dollars ($5,000) per day for each violationand not more than twenty-five thousand dollars ($25,000) per day foreach violation.
(j) Notwithstanding the maximum fine under IC 35-50-2-6(a) orIC 35-50-2-7(a), the court shall order a person convicted undersubsection (g) to pay:
(1) a fine of at least five thousand dollars ($5,000) and not morethan fifty thousand dollars ($50,000) for each day of violation;or
(2) if the person has a prior unrelated conviction for an offenseunder this title that may be punished as a felony, a fine of atleast five thousand dollars ($5,000) and not more than onehundred thousand dollars ($100,000) for each day of violation.
(k) Except as provided in subsection (l), a person regulated underIC 13-18 who does any of the following commits a Class Cmisdemeanor:
(1) Willfully or recklessly violates any applicable standards orlimitations of IC 13-18-3-2.4, IC 13-18-4-5, IC 13-18-8,IC 13-18-9, IC 13-18-10, IC 13-18-12, IC 13-18-14,IC 13-18-15, or IC 13-18-16.
(2) Willfully or recklessly violates any National PollutantDischarge Elimination System permit condition issued by thedepartment under IC 13-18-19.
(3) Willfully or recklessly violates any National PollutantDischarge Elimination System Permit filing requirement.
(4) Knowingly makes any false material statement,representation, or certification in any National PollutantDischarge Elimination System Permit form or in any notice or
report required by a National Pollutant Discharge EliminationSystem permit issued by the department.
(l) An offense under subsection (k) is a Class D felony if theoffense results in damage to the environment that renders theenvironment unfit for human or vertebrate animal life. An offenseunder subsection (k) is a Class C felony if the offense results in thedeath of another person.
(m) Before imposing sentence upon conviction of an offenseunder subsection (k) or (l), the court shall consider any or acombination of the following factors, if found by the jury or ifstipulated to by the parties in a plea agreement:
(1) If the offense involves discharge of a contaminant into theenvironment, whether that discharge resulted in any or acombination of the following:
(A) A substantial risk of serious bodily injury.
(B) Serious bodily injury to an individual.
(C) The death of a vertebrate animal.
(D) Damage to the environment that:
(i) renders the environment unfit for human or vertebrateanimal life; or
(ii) causes damage to an endangered, an at risk, or athreatened species.
(2) Whether the person did not know and could not reasonablyhave been expected to know that the contaminant dischargedinto the environment was capable of causing a result describedin subdivision (1).
(3) Whether the discharge was the result of a combined seweroverflow and the person regulated had given notice of that factto the department.
(n) Notwithstanding the maximum fine under IC 35-50-3-4, thecourt shall order a person convicted under subsection (k)(1), (k)(2),or (k)(3) to pay a fine of at least five thousand dollars ($5,000) a dayfor each violation and not more than twenty-five thousand dollars($25,000) a day for each violation.
(o) Notwithstanding the maximum fine under IC 35-50-3-4, thecourt shall order a person convicted under subsection (k)(4) to paya fine of at least five thousand dollars ($5,000) for each instance ofviolation and not more than ten thousand dollars ($10,000) for eachinstance of violation.
(p) Notwithstanding the maximum fine under IC 35-50-2-6(a) orIC 35-50-2-7(a), the court shall order a person convicted undersubsection (l) to pay:
(1) a fine of at least five thousand dollars ($5,000) and not morethan fifty thousand dollars ($50,000) for each day of violation;or
(2) if the person has a prior unrelated conviction for an offenseunder this title that may be punished as a felony, a fine of atleast five thousand dollars ($5,000) and not more than onehundred thousand dollars ($100,000) for each day of violation.
(q) The penalties under this section apply regardless of whether
a person uses electronic submissions or paper documents toaccomplish the actions described in this section.
As added by P.L.114-2008, SEC.26. Amended by P.L.57-2009,SEC.2.
IC 13-30-10-2
Repealed
(Repealed by P.L.114-2008, SEC.33.)
IC 13-30-10-3
Repealed
(Repealed by P.L.114-2008, SEC.33.)
IC 13-30-10-4
Repealed
(Repealed by P.L.114-2008, SEC.33.)
IC 13-30-10-5
Criminal penalties for violating underground storage tank laws
Sec. 5. (a) A person who:
(1) operates an underground storage tank and knowingly,intentionally, or recklessly violates:
(A) the terms of a permit issued by the department thatrelates to the operation of an underground storage tank; or
(B) an Indiana statute that relates to the operation of anunderground storage tank; and
(2) discharges a contaminant into the environment, if thedischarge results in:
(A) a substantial risk of serious bodily injury;
(B) serious bodily injury to an individual;
(C) the death of a vertebrate animal; or
(D) damage to the environment that renders the environmentunfit for human or vertebrate animal life, or causes damageto an endangered, an at risk, or a threatened species;
commits a Class D felony. However, the offense is a Class C felonyif it results in the death of another person.
(b) It is a defense to a prosecution under this section that theperson did not know and could not reasonably have been expected toknow that the substance discharged into the environment was capableof causing a result described in subsection (a)(2).
(c) Notwithstanding IC 35-50-2-6(a), IC 35-50-2-7(a), orIC 35-50-3-2, the court may order a person convicted under thissection to pay:
(1) a fine of at least five thousand dollars ($5,000) and not morethan fifty thousand dollars ($50,000) for each day of violation;or
(2) if the person has a prior unrelated conviction for an offenseunder this title that may be punished as a felony, a fine of notmore than one hundred thousand dollars ($100,000) for eachday of violation.In determining the amount of a fine imposed for a violation of thissection, the court shall consider any improper economic benefit,including unjust enrichment, received by the defendant as a result ofthe unlawful conduct.
As added by P.L.137-2007, SEC.31.
IC 13-30-10-6
Criminal penalties for violating state regulated wetlands laws
Sec. 6. (a) A person who:
(1) knowingly or intentionally violates:
(A) the terms of a permit issued under IC 13-18-22 thatrelates to state regulated wetlands; or
(B) a statute that relates to state regulated wetlands; and
(2) causes substantial harm to a state regulated wetland;
commits a Class D felony.
(b) Notwithstanding IC 35-50-2-6(a), IC 35-50-2-7(a), orIC 35-50-3-2, the court may order a person convicted under thissection to pay:
(1) a fine of at least five thousand dollars ($5,000) and not morethan fifty thousand dollars ($50,000) for each day of violation;or
(2) if the person has a prior unrelated conviction for an offenseunder this title that may be punished as a felony, a fine of notmore than one hundred thousand dollars ($100,000) for eachday of violation.
In determining the amount of a fine imposed for a violation of thissection, the court shall consider any improper economic benefit,including unjust enrichment, received by the defendant as a result ofthe unlawful conduct.
As added by P.L.137-2007, SEC.31.