CHAPTER 16. PENALTIES
IC 14-34-16
Chapter 16. Penalties
IC 14-34-16-1
Civil penalties; violations
Sec. 1. (a) The director:
(1) may, after an opportunity for a public hearing underIC 4-21.5-3, assess a civil penalty on a permittee who violates:
(A) this article; or
(B) IC 13-4.1 (before its repeal); and
(2) shall, if the director has issued a cessation order for theviolation to the permittee, assess a civil penalty.
(b) The civil penalty assessed under this section may be in anamount of not more than five thousand dollars ($5,000) for eachviolation.
(c) If an operator fails to correct a violation for which anotification has been issued under:
(1) IC 13-4.1-11-4 (before its repeal); or
(2) IC 14-34-15-5;
in the allotted time for correction, the director may, if a civil penaltyis assessed, assess a civil penalty of not less than seven hundred fiftydollars ($750) for each day during which the failure or violationcontinues.
(d) The time for correction of a violation does not end until theentry of:
(1) a final order by the director, for review proceedings initiatedby the operator if the director orders, after an expedited hearing,the suspension of the abatement requirements of the citationbased upon a determination that the operator will sufferirreparable loss or damage from the application of thoserequirements; or
(2) an order of the court, for review proceedings initiated by theoperator if the court orders the suspension of the abatementrequirements of the citation.
As added by P.L.1-1995, SEC.27.
IC 14-34-16-2
Amount of penalty
Sec. 2. In determining the amount of a civil penalty under section1 of this chapter, the director shall consider the following:
(1) The permittee's history of previous violations at the surfacecoal mining and reclamation operation.
(2) The seriousness of the violation, including any irreparableharm to the environment and hazard to the health and safety ofthe public.
(3) The permittee's negligence.
(4) The demonstrated good faith of the permittee to achieverapid compliance after notification of the violation.
As added by P.L.1-1995, SEC.27.
IC 14-34-16-3
Each day considered separate violation
Sec. 3. Each day in violation of:
(1) IC 13-4.1 (before its repeal); or
(2) this article;
may be considered a separate violation for purposes of assessing acivil penalty.
As added by P.L.1-1995, SEC.27.
IC 14-34-16-4
Order to pay penalty; hearing
Sec. 4. (a) Upon the issuance of a notice or an order charging thata violation of IC 13-4.1 (before its repeal) or this article hasoccurred, the director shall, within thirty (30) days, do the following:
(1) Inform the permittee of the amount of penalty assessed.
(2) Issue an order to the permittee to pay the penalty.
(b) The permittee has thirty (30) days from receipt of the order to:
(1) pay the penalty; or
(2) request a hearing to contest the amount.
(c) If the permittee requests a hearing, the permittee shall forwardan amount equal to the assessed penalty to the director, who shallplace the amount in an escrow account. A permittee who desires tocontest the violation or amount of penalty assessed but fails toforward the amount to the director waives all legal rights to contestthe violation or amount of penalty assessed.
(d) The commission:
(1) shall conduct the hearing in accordance with IC 4-21.5-3;and
(2) may consolidate this hearing with a hearing conducted underIC 14-34-15 if appropriate.
(e) If it is determined at the hearing that the civil penalty isappropriate, the commission shall issue to the permittee a writtendecision and an order to pay the penalty within thirty (30) days ofreceipt of the order.
(f) If, through administrative or judicial review of the assessedpenalty:
(1) it is determined that a violation did not occur; or
(2) the amount of penalty is reduced;
the director shall, within thirty (30) days of the decision, remit theappropriate amount to the permittee with interest at the rate of eightpercent (8%) per year.
As added by P.L.1-1995, SEC.27.
IC 14-34-16-5
Action by attorney general to recover civil penalties owed
Sec. 5. The director may request the attorney general to institutean action in an appropriate court in the county in which thepermittee's surface coal mining and reclamation operation is locatedfor recovery of civil penalties owed under this article.
As added by P.L.1-1995, SEC.27.
IC 14-34-16-6
Criminal violations
Sec. 6. (a) A person who:
(1) knowingly violates:
(A) a condition of a permit issued under:
(i) IC 13-4.1 (before its repeal); or
(ii) this article;
(B) this article; or
(C) an order issued under:
(i) IC 13-4.1 (before its repeal); or
(ii) this article; or
(2) knowingly makes a false statement, representation, orcertification in an application, a record, a report, a plan, or otherdocument filed with or required to be maintained by thedirector;
commits a Class A misdemeanor.
(b) A person who:
(1) violates subsection (a); or
(2) discloses confidential information to an unauthorizedperson;
is subject to IC 14-34-15-5, IC 14-34-15-6, or sections 1 through 5 ofthis chapter, as appropriate.
(c) If a person violates subsection (a), the person's application fora permit may be denied.
As added by P.L.1-1995, SEC.27.
IC 14-34-16-7
Interference with director in performance of director's duties
Sec. 7. A person who willfully resists, prevents, impedes, orinterferes, except as otherwise provided by law, with the director orthe director's representative in the performance of duties under thisarticle commits a Class A misdemeanor.
As added by P.L.1-1995, SEC.27.
IC 14-34-16-8
Violations of permit and noncompliance by corporate permittee
Sec. 8. If a corporate permittee:
(1) violates a condition of a permit issued under this article; or
(2) fails or refuses to comply with an order issued by thedirector;
a director, an officer, or an agent of the corporation who willfullyand knowingly authorized, ordered, or carried out the violation,failure, or refusal is subject to the same penalties under sections 1through 6 of this chapter that are imposed on an individual permittee.
As added by P.L.1-1995, SEC.27.
IC 14-34-16-9
Penalties deposited in fund
Sec. 9. All civil penalties collected under this chapter shall bedeposited in the post-1977 abandoned mine reclamation fund
established by IC 14-34-6-15.
As added by P.L.1-1995, SEC.27.