IC 13-30-10-1 Criminal penalties for illegal activities concerning records,
recording and monitoring devices, and testing or monitoring data;
penalties apply to both electronic submissions and paper
documents
Sec. 1. (a) A person who knowingly or intentionally destroys,
alters, conceals, or falsely certifies a record that:
(1) is required to be maintained under the terms of a permit
issued by the department; and
(2) may be used to determine the status of compliance;
commits a Class B misdemeanor.
(b) A person who knowingly or intentionally renders inaccurate
or inoperative a recording device or a monitoring device required to
be maintained by a permit issued by the department commits a Class
B misdemeanor.
(c) A person who knowingly or intentionally falsifies testing or
monitoring data required by a permit issued by the department
commits a Class B misdemeanor.
(d) The penalties under this section apply regardless of whether
a person uses electronic submissions or paper documents to
accomplish the actions described in this section. As added by P.L.137-2007, SEC.31. Amended by P.L.114-2008,
SEC.25.
IC 13-30-10-1.5 Criminal violations and penalties
Sec. 1.5. (a) Except as provided in subsection (b), a person
regulated under IC 13-22 who knowingly does any of the following
commits a Class B misdemeanor:
(1) Transports hazardous waste to an unpermitted facility.
(2) Treats, stores, or disposes of hazardous waste without a
permit issued by the department.
(3) Transports, treats, stores, disposes, recycles, or causes to be
transported used oil regulated under 329 IAC 13 in violation of
the standards established by the department for the management
of used oil.
(4) Makes a false material statement or representation in any
label, manifest, record, report, or other document filed or
maintained under the hazardous waste or used oil standards.
(b) An offense under subsection (a) is a Class D felony if the
offense results in damage to the environment that renders the
environment unfit for human or vertebrate animal life. An offense
under subsection (a) is a Class C felony if the offense results in the
death of another person.
(c) Before imposing sentence upon conviction of an offense under
subsection (a) or (b), the court shall consider either or both of the
following factors, if found by the jury or if stipulated to by the
parties in a plea agreement:
(1) If the offense involves discharge of a contaminant into the
environment, whether that discharge resulted in any or a
combination of the following:
(A) A substantial risk of serious bodily injury.
(B) Serious bodily injury to an individual.
(C) The death of a vertebrate animal.
(D) Damage to the environment that:
(i) renders the environment unfit for human or vertebrate
animal life; or
(ii) causes damage to an endangered, an at risk, or a
threatened species.
(2) Whether the person did not know and could not reasonably
have been expected to know that the contaminant discharged
into the environment was capable of causing a result described
in subdivision (1).
(d) Notwithstanding the maximum fine under IC 35-50-3-3, the
court shall order a person convicted under subsection (a) to pay a
fine of at least five thousand dollars ($5,000) per day for each
violation and not more than twenty-five thousand dollars ($25,000)
per day for each violation.
(e) Notwithstanding the maximum fine under IC 35-50-2-6(a) or
IC 35-50-2-7(a), the court shall order a person convicted under
subsection (b) to pay:
(1) a fine of at least five thousand dollars ($5,000) and not more
than fifty thousand dollars ($50,000) for each day of violation;
or
(2) if the person has a prior unrelated conviction for an offense
under this title that may be punished as a felony, a fine of at
least five thousand dollars ($5,000) and not more than one
hundred thousand dollars ($100,000) for each day of violation.
(f) Except as provided in subsection (g), a person regulated under
IC 13-17 who does any of the following commits a Class C
misdemeanor:
(1) Knowingly violates any applicable requirements of
IC 13-17-4, IC 13-17-5, IC 13-17-6, IC 13-17-7, IC 13-17-8,
IC 13-17-9, IC 13-17-10, or IC 13-17-13.
(2) Knowingly violates any air pollution registration,
construction, or operating permit condition issued by the
department.
(3) Knowingly violates any fee or filing requirement in
IC 13-17.
(4) Knowingly makes any false material statement,
representation, or certification in any form, notice, or report
required by an air pollution registration, construction, or
operating permit issued by the department.
(g) An offense under subsection (f) is a Class D felony if the
offense results in damage to the environment that renders the
environment unfit for human or vertebrate animal life. An offense
under subsection (f) is a Class C felony if the offense results in the
death of another person.
(h) Before imposing sentence upon conviction of an offense under
subsection (f) or (g), the court shall consider either or both of the
following factors, if found by the jury or if stipulated to by the
parties in a plea agreement:
(1) If the offense involves discharge of a contaminant into the
environment, whether that discharge resulted in any or a
combination of the following:
(A) A substantial risk of serious bodily injury.
(B) Serious bodily injury to an individual.
(C) The death of a vertebrate animal.
(D) Damage to the environment that:
(i) renders the environment unfit for human or vertebrate
animal life; or
(ii) causes damage to an endangered, an at risk, or a
threatened species.
(2) Whether the person did not know and could not reasonably
have been expected to know that the contaminant discharged
into the environment was capable of causing a result described
in subdivision (1).
(i) Notwithstanding the maximum fine under IC 35-50-3-4, the
court shall order a person convicted under subsection (f) to pay a fine
of at least five thousand dollars ($5,000) per day for each violation
and not more than twenty-five thousand dollars ($25,000) per day for
each violation.
(j) Notwithstanding the maximum fine under IC 35-50-2-6(a) or
IC 35-50-2-7(a), the court shall order a person convicted under
subsection (g) to pay:
(1) a fine of at least five thousand dollars ($5,000) and not more
than fifty thousand dollars ($50,000) for each day of violation;
or
(2) if the person has a prior unrelated conviction for an offense
under this title that may be punished as a felony, a fine of at
least five thousand dollars ($5,000) and not more than one
hundred thousand dollars ($100,000) for each day of violation.
(k) Except as provided in subsection (l), a person regulated under
IC 13-18 who does any of the following commits a Class C
misdemeanor:
(1) Willfully or recklessly violates any applicable standards or
limitations of IC 13-18-3-2.4, IC 13-18-4-5, IC 13-18-8,
IC 13-18-9, IC 13-18-10, IC 13-18-12, IC 13-18-14,
IC 13-18-15, or IC 13-18-16.
(2) Willfully or recklessly violates any National Pollutant
Discharge Elimination System permit condition issued by the
department under IC 13-18-19.
(3) Willfully or recklessly violates any National Pollutant
Discharge Elimination System Permit filing requirement.
(4) Knowingly makes any false material statement,
representation, or certification in any National Pollutant
Discharge Elimination System Permit form or in any notice or
report required by a National Pollutant Discharge Elimination
System permit issued by the department.
(l) An offense under subsection (k) is a Class D felony if the
offense results in damage to the environment that renders the
environment unfit for human or vertebrate animal life. An offense
under subsection (k) is a Class C felony if the offense results in the
death of another person.
(m) Before imposing sentence upon conviction of an offense
under subsection (k) or (l), the court shall consider any or a
combination of the following factors, if found by the jury or if
stipulated to by the parties in a plea agreement:
(1) If the offense involves discharge of a contaminant into the
environment, whether that discharge resulted in any or a
combination of the following:
(A) A substantial risk of serious bodily injury.
(B) Serious bodily injury to an individual.
(C) The death of a vertebrate animal.
(D) Damage to the environment that:
(i) renders the environment unfit for human or vertebrate
animal life; or
(ii) causes damage to an endangered, an at risk, or a
threatened species.
(2) Whether the person did not know and could not reasonably
have been expected to know that the contaminant discharged
into the environment was capable of causing a result described
in subdivision (1).
(3) Whether the discharge was the result of a combined sewer
overflow and the person regulated had given notice of that fact
to the department.
(n) Notwithstanding the maximum fine under IC 35-50-3-4, the
court shall order a person convicted under subsection (k)(1), (k)(2),
or (k)(3) to pay a fine of at least five thousand dollars ($5,000) a day
for each violation and not more than twenty-five thousand dollars
($25,000) a day for each violation.
(o) Notwithstanding the maximum fine under IC 35-50-3-4, the
court shall order a person convicted under subsection (k)(4) to pay
a fine of at least five thousand dollars ($5,000) for each instance of
violation and not more than ten thousand dollars ($10,000) for each
instance of violation.
(p) Notwithstanding the maximum fine under IC 35-50-2-6(a) or
IC 35-50-2-7(a), the court shall order a person convicted under
subsection (l) to pay:
(1) a fine of at least five thousand dollars ($5,000) and not more
than fifty thousand dollars ($50,000) for each day of violation;
or
(2) if the person has a prior unrelated conviction for an offense
under this title that may be punished as a felony, a fine of at
least five thousand dollars ($5,000) and not more than one
hundred thousand dollars ($100,000) for each day of violation.
(q) The penalties under this section apply regardless of whether
a person uses electronic submissions or paper documents to
accomplish the actions described in this section. As added by P.L.114-2008, SEC.26. Amended by P.L.57-2009,
SEC.2.
IC 13-30-10-2
Repealed
(Repealed by P.L.114-2008, SEC.33.)
IC 13-30-10-3
Repealed
(Repealed by P.L.114-2008, SEC.33.)
IC 13-30-10-4
Repealed
(Repealed by P.L.114-2008, SEC.33.)
IC 13-30-10-5 Criminal penalties for violating underground storage tank laws
Sec. 5. (a) A person who:
(1) operates an underground storage tank and knowingly,
intentionally, or recklessly violates:
(A) the terms of a permit issued by the department that
relates to the operation of an underground storage tank; or
(B) an Indiana statute that relates to the operation of an
underground storage tank; and
(2) discharges a contaminant into the environment, if the
discharge results in:
(A) a substantial risk of serious bodily injury;
(B) serious bodily injury to an individual;
(C) the death of a vertebrate animal; or
(D) damage to the environment that renders the environment
unfit for human or vertebrate animal life, or causes damage
to an endangered, an at risk, or a threatened species;
commits a Class D felony. However, the offense is a Class C felony
if it results in the death of another person.
(b) It is a defense to a prosecution under this section that the
person did not know and could not reasonably have been expected to
know that the substance discharged into the environment was capable
of causing a result described in subsection (a)(2).
(c) Notwithstanding IC 35-50-2-6(a), IC 35-50-2-7(a), or
IC 35-50-3-2, the court may order a person convicted under this
section to pay:
(1) a fine of at least five thousand dollars ($5,000) and not more
than fifty thousand dollars ($50,000) for each day of violation;
or
(2) if the person has a prior unrelated conviction for an offense
under this title that may be punished as a felony, a fine of not
more than one hundred thousand dollars ($100,000) for each
day of violation.
In determining the amount of a fine imposed for a violation of this
section, the court shall consider any improper economic benefit,
including unjust enrichment, received by the defendant as a result of
the unlawful conduct. As added by P.L.137-2007, SEC.31.
IC 13-30-10-6 Criminal penalties for violating state regulated wetlands laws
Sec. 6. (a) A person who:
(1) knowingly or intentionally violates:
(A) the terms of a permit issued under IC 13-18-22 that
relates to state regulated wetlands; or
(B) a statute that relates to state regulated wetlands; and
(2) causes substantial harm to a state regulated wetland;
commits a Class D felony.
(b) Notwithstanding IC 35-50-2-6(a), IC 35-50-2-7(a), or
IC 35-50-3-2, the court may order a person convicted under this
section to pay:
(1) a fine of at least five thousand dollars ($5,000) and not more
than fifty thousand dollars ($50,000) for each day of violation;
or
(2) if the person has a prior unrelated conviction for an offense
under this title that may be punished as a felony, a fine of not
more than one hundred thousand dollars ($100,000) for each
day of violation.
In determining the amount of a fine imposed for a violation of this
section, the court shall consider any improper economic benefit,
including unjust enrichment, received by the defendant as a result of
the unlawful conduct. As added by P.L.137-2007, SEC.31.
IC 13-30-10-1 Criminal penalties for illegal activities concerning records,
recording and monitoring devices, and testing or monitoring data;
penalties apply to both electronic submissions and paper
documents
Sec. 1. (a) A person who knowingly or intentionally destroys,
alters, conceals, or falsely certifies a record that:
(1) is required to be maintained under the terms of a permit
issued by the department; and
(2) may be used to determine the status of compliance;
commits a Class B misdemeanor.
(b) A person who knowingly or intentionally renders inaccurate
or inoperative a recording device or a monitoring device required to
be maintained by a permit issued by the department commits a Class
B misdemeanor.
(c) A person who knowingly or intentionally falsifies testing or
monitoring data required by a permit issued by the department
commits a Class B misdemeanor.
(d) The penalties under this section apply regardless of whether
a person uses electronic submissions or paper documents to
accomplish the actions described in this section. As added by P.L.137-2007, SEC.31. Amended by P.L.114-2008,
SEC.25.
IC 13-30-10-1.5 Criminal violations and penalties
Sec. 1.5. (a) Except as provided in subsection (b), a person
regulated under IC 13-22 who knowingly does any of the following
commits a Class B misdemeanor:
(1) Transports hazardous waste to an unpermitted facility.
(2) Treats, stores, or disposes of hazardous waste without a
permit issued by the department.
(3) Transports, treats, stores, disposes, recycles, or causes to be
transported used oil regulated under 329 IAC 13 in violation of
the standards established by the department for the management
of used oil.
(4) Makes a false material statement or representation in any
label, manifest, record, report, or other document filed or
maintained under the hazardous waste or used oil standards.
(b) An offense under subsection (a) is a Class D felony if the
offense results in damage to the environment that renders the
environment unfit for human or vertebrate animal life. An offense
under subsection (a) is a Class C felony if the offense results in the
death of another person.
(c) Before imposing sentence upon conviction of an offense under
subsection (a) or (b), the court shall consider either or both of the
following factors, if found by the jury or if stipulated to by the
parties in a plea agreement:
(1) If the offense involves discharge of a contaminant into the
environment, whether that discharge resulted in any or a
combination of the following:
(A) A substantial risk of serious bodily injury.
(B) Serious bodily injury to an individual.
(C) The death of a vertebrate animal.
(D) Damage to the environment that:
(i) renders the environment unfit for human or vertebrate
animal life; or
(ii) causes damage to an endangered, an at risk, or a
threatened species.
(2) Whether the person did not know and could not reasonably
have been expected to know that the contaminant discharged
into the environment was capable of causing a result described
in subdivision (1).
(d) Notwithstanding the maximum fine under IC 35-50-3-3, the
court shall order a person convicted under subsection (a) to pay a
fine of at least five thousand dollars ($5,000) per day for each
violation and not more than twenty-five thousand dollars ($25,000)
per day for each violation.
(e) Notwithstanding the maximum fine under IC 35-50-2-6(a) or
IC 35-50-2-7(a), the court shall order a person convicted under
subsection (b) to pay:
(1) a fine of at least five thousand dollars ($5,000) and not more
than fifty thousand dollars ($50,000) for each day of violation;
or
(2) if the person has a prior unrelated conviction for an offense
under this title that may be punished as a felony, a fine of at
least five thousand dollars ($5,000) and not more than one
hundred thousand dollars ($100,000) for each day of violation.
(f) Except as provided in subsection (g), a person regulated under
IC 13-17 who does any of the following commits a Class C
misdemeanor:
(1) Knowingly violates any applicable requirements of
IC 13-17-4, IC 13-17-5, IC 13-17-6, IC 13-17-7, IC 13-17-8,
IC 13-17-9, IC 13-17-10, or IC 13-17-13.
(2) Knowingly violates any air pollution registration,
construction, or operating permit condition issued by the
department.
(3) Knowingly violates any fee or filing requirement in
IC 13-17.
(4) Knowingly makes any false material statement,
representation, or certification in any form, notice, or report
required by an air pollution registration, construction, or
operating permit issued by the department.
(g) An offense under subsection (f) is a Class D felony if the
offense results in damage to the environment that renders the
environment unfit for human or vertebrate animal life. An offense
under subsection (f) is a Class C felony if the offense results in the
death of another person.
(h) Before imposing sentence upon conviction of an offense under
subsection (f) or (g), the court shall consider either or both of the
following factors, if found by the jury or if stipulated to by the
parties in a plea agreement:
(1) If the offense involves discharge of a contaminant into the
environment, whether that discharge resulted in any or a
combination of the following:
(A) A substantial risk of serious bodily injury.
(B) Serious bodily injury to an individual.
(C) The death of a vertebrate animal.
(D) Damage to the environment that:
(i) renders the environment unfit for human or vertebrate
animal life; or
(ii) causes damage to an endangered, an at risk, or a
threatened species.
(2) Whether the person did not know and could not reasonably
have been expected to know that the contaminant discharged
into the environment was capable of causing a result described
in subdivision (1).
(i) Notwithstanding the maximum fine under IC 35-50-3-4, the
court shall order a person convicted under subsection (f) to pay a fine
of at least five thousand dollars ($5,000) per day for each violation
and not more than twenty-five thousand dollars ($25,000) per day for
each violation.
(j) Notwithstanding the maximum fine under IC 35-50-2-6(a) or
IC 35-50-2-7(a), the court shall order a person convicted under
subsection (g) to pay:
(1) a fine of at least five thousand dollars ($5,000) and not more
than fifty thousand dollars ($50,000) for each day of violation;
or
(2) if the person has a prior unrelated conviction for an offense
under this title that may be punished as a felony, a fine of at
least five thousand dollars ($5,000) and not more than one
hundred thousand dollars ($100,000) for each day of violation.
(k) Except as provided in subsection (l), a person regulated under
IC 13-18 who does any of the following commits a Class C
misdemeanor:
(1) Willfully or recklessly violates any applicable standards or
limitations of IC 13-18-3-2.4, IC 13-18-4-5, IC 13-18-8,
IC 13-18-9, IC 13-18-10, IC 13-18-12, IC 13-18-14,
IC 13-18-15, or IC 13-18-16.
(2) Willfully or recklessly violates any National Pollutant
Discharge Elimination System permit condition issued by the
department under IC 13-18-19.
(3) Willfully or recklessly violates any National Pollutant
Discharge Elimination System Permit filing requirement.
(4) Knowingly makes any false material statement,
representation, or certification in any National Pollutant
Discharge Elimination System Permit form or in any notice or
report required by a National Pollutant Discharge Elimination
System permit issued by the department.
(l) An offense under subsection (k) is a Class D felony if the
offense results in damage to the environment that renders the
environment unfit for human or vertebrate animal life. An offense
under subsection (k) is a Class C felony if the offense results in the
death of another person.
(m) Before imposing sentence upon conviction of an offense
under subsection (k) or (l), the court shall consider any or a
combination of the following factors, if found by the jury or if
stipulated to by the parties in a plea agreement:
(1) If the offense involves discharge of a contaminant into the
environment, whether that discharge resulted in any or a
combination of the following:
(A) A substantial risk of serious bodily injury.
(B) Serious bodily injury to an individual.
(C) The death of a vertebrate animal.
(D) Damage to the environment that:
(i) renders the environment unfit for human or vertebrate
animal life; or
(ii) causes damage to an endangered, an at risk, or a
threatened species.
(2) Whether the person did not know and could not reasonably
have been expected to know that the contaminant discharged
into the environment was capable of causing a result described
in subdivision (1).
(3) Whether the discharge was the result of a combined sewer
overflow and the person regulated had given notice of that fact
to the department.
(n) Notwithstanding the maximum fine under IC 35-50-3-4, the
court shall order a person convicted under subsection (k)(1), (k)(2),
or (k)(3) to pay a fine of at least five thousand dollars ($5,000) a day
for each violation and not more than twenty-five thousand dollars
($25,000) a day for each violation.
(o) Notwithstanding the maximum fine under IC 35-50-3-4, the
court shall order a person convicted under subsection (k)(4) to pay
a fine of at least five thousand dollars ($5,000) for each instance of
violation and not more than ten thousand dollars ($10,000) for each
instance of violation.
(p) Notwithstanding the maximum fine under IC 35-50-2-6(a) or
IC 35-50-2-7(a), the court shall order a person convicted under
subsection (l) to pay:
(1) a fine of at least five thousand dollars ($5,000) and not more
than fifty thousand dollars ($50,000) for each day of violation;
or
(2) if the person has a prior unrelated conviction for an offense
under this title that may be punished as a felony, a fine of at
least five thousand dollars ($5,000) and not more than one
hundred thousand dollars ($100,000) for each day of violation.
(q) The penalties under this section apply regardless of whether
a person uses electronic submissions or paper documents to
accomplish the actions described in this section. As added by P.L.114-2008, SEC.26. Amended by P.L.57-2009,
SEC.2.
IC 13-30-10-2
Repealed
(Repealed by P.L.114-2008, SEC.33.)
IC 13-30-10-3
Repealed
(Repealed by P.L.114-2008, SEC.33.)
IC 13-30-10-4
Repealed
(Repealed by P.L.114-2008, SEC.33.)
IC 13-30-10-5 Criminal penalties for violating underground storage tank laws
Sec. 5. (a) A person who:
(1) operates an underground storage tank and knowingly,
intentionally, or recklessly violates:
(A) the terms of a permit issued by the department that
relates to the operation of an underground storage tank; or
(B) an Indiana statute that relates to the operation of an
underground storage tank; and
(2) discharges a contaminant into the environment, if the
discharge results in:
(A) a substantial risk of serious bodily injury;
(B) serious bodily injury to an individual;
(C) the death of a vertebrate animal; or
(D) damage to the environment that renders the environment
unfit for human or vertebrate animal life, or causes damage
to an endangered, an at risk, or a threatened species;
commits a Class D felony. However, the offense is a Class C felony
if it results in the death of another person.
(b) It is a defense to a prosecution under this section that the
person did not know and could not reasonably have been expected to
know that the substance discharged into the environment was capable
of causing a result described in subsection (a)(2).
(c) Notwithstanding IC 35-50-2-6(a), IC 35-50-2-7(a), or
IC 35-50-3-2, the court may order a person convicted under this
section to pay:
(1) a fine of at least five thousand dollars ($5,000) and not more
than fifty thousand dollars ($50,000) for each day of violation;
or
(2) if the person has a prior unrelated conviction for an offense
under this title that may be punished as a felony, a fine of not
more than one hundred thousand dollars ($100,000) for each
day of violation.
In determining the amount of a fine imposed for a violation of this
section, the court shall consider any improper economic benefit,
including unjust enrichment, received by the defendant as a result of
the unlawful conduct. As added by P.L.137-2007, SEC.31.
IC 13-30-10-6 Criminal penalties for violating state regulated wetlands laws
Sec. 6. (a) A person who:
(1) knowingly or intentionally violates:
(A) the terms of a permit issued under IC 13-18-22 that
relates to state regulated wetlands; or
(B) a statute that relates to state regulated wetlands; and
(2) causes substantial harm to a state regulated wetland;
commits a Class D felony.
(b) Notwithstanding IC 35-50-2-6(a), IC 35-50-2-7(a), or
IC 35-50-3-2, the court may order a person convicted under this
section to pay:
(1) a fine of at least five thousand dollars ($5,000) and not more
than fifty thousand dollars ($50,000) for each day of violation;
or
(2) if the person has a prior unrelated conviction for an offense
under this title that may be punished as a felony, a fine of not
more than one hundred thousand dollars ($100,000) for each
day of violation.
In determining the amount of a fine imposed for a violation of this
section, the court shall consider any improper economic benefit,
including unjust enrichment, received by the defendant as a result of
the unlawful conduct. As added by P.L.137-2007, SEC.31.
IC 13-30-10-1 Criminal penalties for illegal activities concerning records,
recording and monitoring devices, and testing or monitoring data;
penalties apply to both electronic submissions and paper
documents
Sec. 1. (a) A person who knowingly or intentionally destroys,
alters, conceals, or falsely certifies a record that:
(1) is required to be maintained under the terms of a permit
issued by the department; and
(2) may be used to determine the status of compliance;
commits a Class B misdemeanor.
(b) A person who knowingly or intentionally renders inaccurate
or inoperative a recording device or a monitoring device required to
be maintained by a permit issued by the department commits a Class
B misdemeanor.
(c) A person who knowingly or intentionally falsifies testing or
monitoring data required by a permit issued by the department
commits a Class B misdemeanor.
(d) The penalties under this section apply regardless of whether
a person uses electronic submissions or paper documents to
accomplish the actions described in this section. As added by P.L.137-2007, SEC.31. Amended by P.L.114-2008,
SEC.25.
IC 13-30-10-1.5 Criminal violations and penalties
Sec. 1.5. (a) Except as provided in subsection (b), a person
regulated under IC 13-22 who knowingly does any of the following
commits a Class B misdemeanor:
(1) Transports hazardous waste to an unpermitted facility.
(2) Treats, stores, or disposes of hazardous waste without a
permit issued by the department.
(3) Transports, treats, stores, disposes, recycles, or causes to be
transported used oil regulated under 329 IAC 13 in violation of
the standards established by the department for the management
of used oil.
(4) Makes a false material statement or representation in any
label, manifest, record, report, or other document filed or
maintained under the hazardous waste or used oil standards.
(b) An offense under subsection (a) is a Class D felony if the
offense results in damage to the environment that renders the
environment unfit for human or vertebrate animal life. An offense
under subsection (a) is a Class C felony if the offense results in the
death of another person.
(c) Before imposing sentence upon conviction of an offense under
subsection (a) or (b), the court shall consider either or both of the
following factors, if found by the jury or if stipulated to by the
parties in a plea agreement:
(1) If the offense involves discharge of a contaminant into the
environment, whether that discharge resulted in any or a
combination of the following:
(A) A substantial risk of serious bodily injury.
(B) Serious bodily injury to an individual.
(C) The death of a vertebrate animal.
(D) Damage to the environment that:
(i) renders the environment unfit for human or vertebrate
animal life; or
(ii) causes damage to an endangered, an at risk, or a
threatened species.
(2) Whether the person did not know and could not reasonably
have been expected to know that the contaminant discharged
into the environment was capable of causing a result described
in subdivision (1).
(d) Notwithstanding the maximum fine under IC 35-50-3-3, the
court shall order a person convicted under subsection (a) to pay a
fine of at least five thousand dollars ($5,000) per day for each
violation and not more than twenty-five thousand dollars ($25,000)
per day for each violation.
(e) Notwithstanding the maximum fine under IC 35-50-2-6(a) or
IC 35-50-2-7(a), the court shall order a person convicted under
subsection (b) to pay:
(1) a fine of at least five thousand dollars ($5,000) and not more
than fifty thousand dollars ($50,000) for each day of violation;
or
(2) if the person has a prior unrelated conviction for an offense
under this title that may be punished as a felony, a fine of at
least five thousand dollars ($5,000) and not more than one
hundred thousand dollars ($100,000) for each day of violation.
(f) Except as provided in subsection (g), a person regulated under
IC 13-17 who does any of the following commits a Class C
misdemeanor:
(1) Knowingly violates any applicable requirements of
IC 13-17-4, IC 13-17-5, IC 13-17-6, IC 13-17-7, IC 13-17-8,
IC 13-17-9, IC 13-17-10, or IC 13-17-13.
(2) Knowingly violates any air pollution registration,
construction, or operating permit condition issued by the
department.
(3) Knowingly violates any fee or filing requirement in
IC 13-17.
(4) Knowingly makes any false material statement,
representation, or certification in any form, notice, or report
required by an air pollution registration, construction, or
operating permit issued by the department.
(g) An offense under subsection (f) is a Class D felony if the
offense results in damage to the environment that renders the
environment unfit for human or vertebrate animal life. An offense
under subsection (f) is a Class C felony if the offense results in the
death of another person.
(h) Before imposing sentence upon conviction of an offense under
subsection (f) or (g), the court shall consider either or both of the
following factors, if found by the jury or if stipulated to by the
parties in a plea agreement:
(1) If the offense involves discharge of a contaminant into the
environment, whether that discharge resulted in any or a
combination of the following:
(A) A substantial risk of serious bodily injury.
(B) Serious bodily injury to an individual.
(C) The death of a vertebrate animal.
(D) Damage to the environment that:
(i) renders the environment unfit for human or vertebrate
animal life; or
(ii) causes damage to an endangered, an at risk, or a
threatened species.
(2) Whether the person did not know and could not reasonably
have been expected to know that the contaminant discharged
into the environment was capable of causing a result described
in subdivision (1).
(i) Notwithstanding the maximum fine under IC 35-50-3-4, the
court shall order a person convicted under subsection (f) to pay a fine
of at least five thousand dollars ($5,000) per day for each violation
and not more than twenty-five thousand dollars ($25,000) per day for
each violation.
(j) Notwithstanding the maximum fine under IC 35-50-2-6(a) or
IC 35-50-2-7(a), the court shall order a person convicted under
subsection (g) to pay:
(1) a fine of at least five thousand dollars ($5,000) and not more
than fifty thousand dollars ($50,000) for each day of violation;
or
(2) if the person has a prior unrelated conviction for an offense
under this title that may be punished as a felony, a fine of at
least five thousand dollars ($5,000) and not more than one
hundred thousand dollars ($100,000) for each day of violation.
(k) Except as provided in subsection (l), a person regulated under
IC 13-18 who does any of the following commits a Class C
misdemeanor:
(1) Willfully or recklessly violates any applicable standards or
limitations of IC 13-18-3-2.4, IC 13-18-4-5, IC 13-18-8,
IC 13-18-9, IC 13-18-10, IC 13-18-12, IC 13-18-14,
IC 13-18-15, or IC 13-18-16.
(2) Willfully or recklessly violates any National Pollutant
Discharge Elimination System permit condition issued by the
department under IC 13-18-19.
(3) Willfully or recklessly violates any National Pollutant
Discharge Elimination System Permit filing requirement.
(4) Knowingly makes any false material statement,
representation, or certification in any National Pollutant
Discharge Elimination System Permit form or in any notice or
report required by a National Pollutant Discharge Elimination
System permit issued by the department.
(l) An offense under subsection (k) is a Class D felony if the
offense results in damage to the environment that renders the
environment unfit for human or vertebrate animal life. An offense
under subsection (k) is a Class C felony if the offense results in the
death of another person.
(m) Before imposing sentence upon conviction of an offense
under subsection (k) or (l), the court shall consider any or a
combination of the following factors, if found by the jury or if
stipulated to by the parties in a plea agreement:
(1) If the offense involves discharge of a contaminant into the
environment, whether that discharge resulted in any or a
combination of the following:
(A) A substantial risk of serious bodily injury.
(B) Serious bodily injury to an individual.
(C) The death of a vertebrate animal.
(D) Damage to the environment that:
(i) renders the environment unfit for human or vertebrate
animal life; or
(ii) causes damage to an endangered, an at risk, or a
threatened species.
(2) Whether the person did not know and could not reasonably
have been expected to know that the contaminant discharged
into the environment was capable of causing a result described
in subdivision (1).
(3) Whether the discharge was the result of a combined sewer
overflow and the person regulated had given notice of that fact
to the department.
(n) Notwithstanding the maximum fine under IC 35-50-3-4, the
court shall order a person convicted under subsection (k)(1), (k)(2),
or (k)(3) to pay a fine of at least five thousand dollars ($5,000) a day
for each violation and not more than twenty-five thousand dollars
($25,000) a day for each violation.
(o) Notwithstanding the maximum fine under IC 35-50-3-4, the
court shall order a person convicted under subsection (k)(4) to pay
a fine of at least five thousand dollars ($5,000) for each instance of
violation and not more than ten thousand dollars ($10,000) for each
instance of violation.
(p) Notwithstanding the maximum fine under IC 35-50-2-6(a) or
IC 35-50-2-7(a), the court shall order a person convicted under
subsection (l) to pay:
(1) a fine of at least five thousand dollars ($5,000) and not more
than fifty thousand dollars ($50,000) for each day of violation;
or
(2) if the person has a prior unrelated conviction for an offense
under this title that may be punished as a felony, a fine of at
least five thousand dollars ($5,000) and not more than one
hundred thousand dollars ($100,000) for each day of violation.
(q) The penalties under this section apply regardless of whether
a person uses electronic submissions or paper documents to
accomplish the actions described in this section. As added by P.L.114-2008, SEC.26. Amended by P.L.57-2009,
SEC.2.
IC 13-30-10-2
Repealed
(Repealed by P.L.114-2008, SEC.33.)
IC 13-30-10-3
Repealed
(Repealed by P.L.114-2008, SEC.33.)
IC 13-30-10-4
Repealed
(Repealed by P.L.114-2008, SEC.33.)
IC 13-30-10-5 Criminal penalties for violating underground storage tank laws
Sec. 5. (a) A person who:
(1) operates an underground storage tank and knowingly,
intentionally, or recklessly violates:
(A) the terms of a permit issued by the department that
relates to the operation of an underground storage tank; or
(B) an Indiana statute that relates to the operation of an
underground storage tank; and
(2) discharges a contaminant into the environment, if the
discharge results in:
(A) a substantial risk of serious bodily injury;
(B) serious bodily injury to an individual;
(C) the death of a vertebrate animal; or
(D) damage to the environment that renders the environment
unfit for human or vertebrate animal life, or causes damage
to an endangered, an at risk, or a threatened species;
commits a Class D felony. However, the offense is a Class C felony
if it results in the death of another person.
(b) It is a defense to a prosecution under this section that the
person did not know and could not reasonably have been expected to
know that the substance discharged into the environment was capable
of causing a result described in subsection (a)(2).
(c) Notwithstanding IC 35-50-2-6(a), IC 35-50-2-7(a), or
IC 35-50-3-2, the court may order a person convicted under this
section to pay:
(1) a fine of at least five thousand dollars ($5,000) and not more
than fifty thousand dollars ($50,000) for each day of violation;
or
(2) if the person has a prior unrelated conviction for an offense
under this title that may be punished as a felony, a fine of not
more than one hundred thousand dollars ($100,000) for each
day of violation.
In determining the amount of a fine imposed for a violation of this
section, the court shall consider any improper economic benefit,
including unjust enrichment, received by the defendant as a result of
the unlawful conduct. As added by P.L.137-2007, SEC.31.
IC 13-30-10-6 Criminal penalties for violating state regulated wetlands laws
Sec. 6. (a) A person who:
(1) knowingly or intentionally violates:
(A) the terms of a permit issued under IC 13-18-22 that
relates to state regulated wetlands; or
(B) a statute that relates to state regulated wetlands; and
(2) causes substantial harm to a state regulated wetland;
commits a Class D felony.
(b) Notwithstanding IC 35-50-2-6(a), IC 35-50-2-7(a), or
IC 35-50-3-2, the court may order a person convicted under this
section to pay:
(1) a fine of at least five thousand dollars ($5,000) and not more
than fifty thousand dollars ($50,000) for each day of violation;
or
(2) if the person has a prior unrelated conviction for an offense
under this title that may be punished as a felony, a fine of not
more than one hundred thousand dollars ($100,000) for each
day of violation.
In determining the amount of a fine imposed for a violation of this
section, the court shall consider any improper economic benefit,
including unjust enrichment, received by the defendant as a result of
the unlawful conduct. As added by P.L.137-2007, SEC.31.
