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 inIC 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 thecommissioner under:
            (A) environmental management laws or IC 13-7 (before itsrepeal);
            (B) air pollution control laws or IC 13-1-1 (before itsrepeal); or
            (C) water pollution control laws or IC 13-1-3 (before itsrepeal);
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 acivil action commenced in any court with jurisdiction; and
        (2) request in the action that the person be enjoined fromcontinuing 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 inIC 13-23-14-2 and IC 13-23-14-3, a person who:
        (1) is named in or directed by an emergency order underIC 13-14-10-1; and
        (2) violates the order;
is liable for an additional civil penalty not to exceed five hundreddollars ($500) per hour of violation.
    (b) The additional civil penalty described in subsection (a) shallbe assessed in an action brought by the commissioner in any courtwith 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 violationof:
        (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 thecommissioner.
    (b) The department may not waive any part of a civil penaltyunder this section if the violation:
        (1) endangers or causes damage to public health or theenvironment;
        (2) is intentional, willful, or criminal;
        (3) is of a requirement for which the department has previouslyissued a notice or warning of violation, for this or a priorviolation, to the business required to correct the violation; or
        (4) is not corrected within ninety (90) days after the date thebusiness required to correct the violation notifies thedepartment of the violation under subsection (c). Thedepartment may extend the ninety (90) day period for not morethan an additional ninety (90) days.
    (c) To seek a waiver of a civil penalty under this section, thebusiness required to correct the violation must submit to thedepartment a written report of the violation for which a waiver issought. The report must be submitted to the department before aninspection by the department that discloses the violation or theissuance 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 ofthis chapter, a business required to correct a violation may contactthe technical and compliance assistance program established underIC 13-28-3. The confidentiality provision in IC 13-28-3-4 applies tothe contact.
As added by P.L.1-1996, SEC.20.