CHAPTER 2. ENFORCEMENT
IC 14-25.5-2
Chapter 2. Enforcement
IC 14-25.5-2-1
Inspection to determine violation
Sec. 1. A division inspector or a person authorized by thedepartment may at any reasonable time enter upon public or privateproperty to determine if there is a violation of:
(1) an article listed in IC 14-25.5-1-1; or
(2) a rule adopted under an article listed in IC 14-25.5-1-1.
As added by P.L.145-2002, SEC.3.
IC 14-25.5-2-2
Notice of violation
Sec. 2. The department may issue a written notice of violation ifa person violates:
(1) an article listed in IC 14-25.5-1-1; or
(2) a rule adopted under an article listed in IC 14-25.5-1-1.
As added by P.L.145-2002, SEC.3.
IC 14-25.5-2-3
Notice of violation; contents
Sec. 3. A notice of violation issued under this chapter mustinclude the following:
(1) The nature of the violation.
(2) The action that is appropriate to mitigate the violation.
(3) The date by which the violation must be mitigated.
(4) The procedure to obtain administrative review if a person isaggrieved by the issuance of the notice of violation.
As added by P.L.145-2002, SEC.3.
IC 14-25.5-2-4
Applicability of adjudicative proceedings to notice of violation
Sec. 4. A notice of violation issued under this chapter is governedby IC 4-21.5-3-6.
As added by P.L.145-2002, SEC.3.
IC 14-25.5-2-5
Notice of violation effective without proceeding; request foradministrative review
Sec. 5. A notice of violation issued under this chapter becomeseffective without a proceeding under IC 4-21.5-3 unless a personrequests administrative review under IC 4-21.5-3-6 within thirty (30)days after receipt of the notice.
As added by P.L.145-2002, SEC.3.
IC 14-25.5-2-6
Failure to mitigate violation; penalties; permit revocation
Sec. 6. A person who fails to mitigate a violation within the timeset forth in a notice of violation is liable for: (1) a civil penalty;
(2) permit revocation; or
(3) the sanctions under both subdivisions (1) and (2);
under IC 14-25.5-4.
As added by P.L.145-2002, SEC.3.