CHAPTER 4. PENALTIES

IC 14-25.5-4
    Chapter 4. Penalties

IC 14-25.5-4-1
Revocation of permit; causes
    Sec. 1. The department may revoke a permit issued under anarticle to which this article applies if the department finds any of thefollowing:
        (1) The permit was issued through fraud or misrepresentation.
        (2) The person to whom the permit was issued has violated anarticle to which this article applies or has violated a ruleadopted under an article to which this article applies.
        (3) The information or conditions upon which a permit wasissued have substantially changed since the permit was issued.
        (4) The person to whom the permit was issued has received anotice of violation under this article and has failed to do at leastone (1) of the following:
            (A) Mitigate the violation within the time limit set forthwithin the notice.
            (B) Secure from the division in writing an extension of timewithin which to mitigate the violation before the expirationof the time established for mitigation.
            (C) Request a proceeding under IC 4-21.5-3-6 within:
                (i) thirty (30) days after receipt of the notice; or
                (ii) the time provided by the division for mitigation;
            whichever is longer.
As added by P.L.145-2002, SEC.3.

IC 14-25.5-4-2
Revoked permit; mitigation of violation
    Sec. 2. (a) If a permit is revoked under this chapter, thedepartment may do either or both of the following:
        (1) Order the person to mitigate the violation.
        (2) Mitigate the violation.
    (b) The revocation of a permit under this chapter does not relievethe person to whom the permit relates of the responsibilities imposedby this article.
    (c) If the department elects to mitigate under subsection (a)(2), theperson to whom the permit relates remains liable for the costs ofmitigating the violation.
As added by P.L.145-2002, SEC.3.

IC 14-25.5-4-3
Civil penalties
    Sec. 3. (a) The department may assess a civil penalty of not morethan ten thousand dollars ($10,000) for a violation of an article towhich this article applies or a violation of a rule adopted under anarticle to which this article applies.
    (b) Each day during which a violation continues may beconsidered a separate violation for purposes of assessing a civil

penalty.
    (c) The department may bring a civil action under section 5 of thischapter to recover a penalty under this section and to enjoin a personfrom continuing a violation.
As added by P.L.145-2002, SEC.3.

IC 14-25.5-4-4
Applicability of adjudicative proceedings to civil penalties
    Sec. 4. A civil penalty assessed under section 3 of this chapter issubject to IC 4-21.5-3-6 and becomes effective without a proceedingunder IC 4-21.5-3 unless a person requests an administrative reviewwithin thirty (30) days after receipt of the notice of assessment.
As added by P.L.145-2002, SEC.3.

IC 14-25.5-4-5
Actions by attorney general
    Sec. 5. The division director may request the attorney general toinstitute an action in an appropriate court for the following:
        (1) The recovery of civil penalties owed under this chapter.
        (2) To restrain a person from commencing to violate orcontinuing to violate any of the following:
            (A) An article to which this article applies or a rule adoptedunder an article to which this article applies.
            (B) An order of the department.
As added by P.L.145-2002, SEC.3.

IC 14-25.5-4-6
Violation as Class B infraction
    Sec. 6. Except as provided in IC 14-26-7-8, IC 14-27-6-52,IC 14-29-1-3, IC 14-29-7-25, and IC 14-29-8-5, a person whoknowingly violates an article enforced under this article commits aClass B infraction. Each day a violation occurs is a separateinfraction.
As added by P.L.145-2002, SEC.3. Amended by P.L.71-2004, SEC.3.