CHAPTER 7. MINOR VIOLATIONS BY CERTAIN BUSINESSES

IC 13-30-7
    Chapter 7. Minor Violations by Certain Businesses

IC 13-30-7-1
Correction period
    Sec. 1. Except as provided in sections 3 and 4 of this chapter, if:
        (1) the department determines that a business has committed aminor violation:
            (A) of:
                (i) environmental management laws;
                (ii) a rule or standard adopted by a board; or
                (iii) any determination, permit, or order made or issued bythe commissioner;
            (B) that does not present an immediate or reasonablyforeseeable danger to the public health or environment; and
            (C) that does not include a violation of:
                (i) a numerical limitation or a numerical standardcontained in environmental management laws or a rule orstandard adopted by a board applicable to a businessrequired to correct the violation before disclosure of theviolation;
                (ii) a term or condition of a determination, permit, or ordermade or issued by the commissioner to a business requiredto correct the violation before disclosure of the violation,unless the term or condition incorporates a limitation,standard, work practice, or other requirement by referenceand does not specify the limitation, standard, workpractice, or other requirement; or
                (iii) a requirement under environmental management lawsor a rule adopted by a board to possess a permit;
        the business required to correct the violation has not more thanninety (90) days after the date the property owner receives thewritten summary of the inspection under this section to correctthe violation; and
        (2) the:
            (A) business:
                (i) corrects the violation; or
                (ii) commences substantial steps to correct the violation,including submitting permit applications, securingfinancing, or ordering equipment;
            within the ninety (90) day period described in subdivision(1); or
            (B) business corrects the violation within an additionalninety (90) day period under section 3 of this chapter;
        the department's enforcement action is limited to the assessmentof a civil penalty in an amount not to exceed five hundreddollars ($500).
As added by P.L.1-1996, SEC.20. Amended by P.L.123-1996,SEC.16.
IC 13-30-7-2
Exceptions
    Sec. 2. The department may decrease the penalty provided insection 1 of this chapter based on:
        (1) a good faith effort or cooperation of a business required tocorrect a violation before or after disclosure of the violation;
        (2) the ability of a business required to correct the violation topay the penalty;
        (3) an agreement that a business required to correct a violationwill offset the payment of a civil penalty by a project that:
            (A) has clearly identifiable and quantifiable environmentalbenefits; and
            (B) is not otherwise required under federal, state, or locallaw, rules, or regulations; or
        (4) other mitigating factors within the discretion of thedepartment.
As added by P.L.1-1996, SEC.20.

IC 13-30-7-3
Extension of correction period
    Sec. 3. If:
        (1) a violation under section 1 of this chapter cannot becorrected; or
        (2) substantial steps to correct the violation cannot be taken;
within ninety (90) days, the department may extend the correctionperiod for one (1) additional ninety (90) day period.
As added by P.L.1-1996, SEC.20.

IC 13-30-7-4
Applicability of chapter
    Sec. 4. Section 1 of this chapter does not apply if the departmentdetermines that an alleged violation under section 1 of this chapter:
        (1) is disclosed after a business receives a notice of violationfrom the department for an alleged violation of the same orsimilar requirement;
        (2) is a criminal offense under environmental managementlaws; or
        (3) is committed intentionally or knowingly.
As added by P.L.1-1996, SEC.20.

IC 13-30-7-5
Public access to reports
    Sec. 5. (a) Before March 2 of each year, the department shall:
        (1) file a report with the governor concerning any businessrequired to correct a violation under section 1 of this chapterduring the preceding year; and
        (2) make the report available for public inspection.
    (b) The report must include a summary of:
        (1) violations;
        (2) corrections for violations; and        (3) penalties;
imposed for each business.
As added by P.L.1-1996, SEC.20.

IC 13-30-7-6
Election to resolve enforcement action
    Sec. 6. A business required to correct a violation that is subject tosection 1 of this chapter may elect to resolve an enforcement actionin the same manner as a business required to correct a violation thatis not subject to section 1 of this chapter.
As added by P.L.1-1996, SEC.20.

IC 13-30-7-7
Rules
    Sec. 7. The boards shall adopt rules under IC 4-22-2 to administerthis chapter.
As added by P.L.1-1996, SEC.20.