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 a
minor 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 by
the commissioner;
(B) that does not present an immediate or reasonably
foreseeable danger to the public health or environment; and
(C) that does not include a violation of:
(i) a numerical limitation or a numerical standard
contained in environmental management laws or a rule or
standard adopted by a board applicable to a business
required to correct the violation before disclosure of the
violation;
(ii) a term or condition of a determination, permit, or order
made or issued by the commissioner to a business required
to correct the violation before disclosure of the violation,
unless the term or condition incorporates a limitation,
standard, work practice, or other requirement by reference
and does not specify the limitation, standard, work
practice, or other requirement; or
(iii) a requirement under environmental management laws
or a rule adopted by a board to possess a permit;
the business required to correct the violation has not more than
ninety (90) days after the date the property owner receives the
written summary of the inspection under this section to correct
the violation; and
(2) the:
(A) business:
(i) corrects the violation; or
(ii) commences substantial steps to correct the violation,
including submitting permit applications, securing
financing, or ordering equipment;
within the ninety (90) day period described in subdivision
(1); or
(B) business corrects the violation within an additional
ninety (90) day period under section 3 of this chapter;
the department's enforcement action is limited to the assessment
of a civil penalty in an amount not to exceed five hundred
dollars ($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 in
section 1 of this chapter based on:
(1) a good faith effort or cooperation of a business required to
correct a violation before or after disclosure of the violation;
(2) the ability of a business required to correct the violation to
pay the penalty;
(3) an agreement that a business required to correct a violation
will offset the payment of a civil penalty by a project that:
(A) has clearly identifiable and quantifiable environmental
benefits; and
(B) is not otherwise required under federal, state, or local
law, rules, or regulations; or
(4) other mitigating factors within the discretion of the
department. 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 be
corrected; or
(2) substantial steps to correct the violation cannot be taken;
within ninety (90) days, the department may extend the correction
period 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 department
determines that an alleged violation under section 1 of this chapter:
(1) is disclosed after a business receives a notice of violation
from the department for an alleged violation of the same or
similar requirement;
(2) is a criminal offense under environmental management
laws; 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 business
required to correct a violation under section 1 of this chapter
during 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 to
section 1 of this chapter may elect to resolve an enforcement action
in the same manner as a business required to correct a violation that
is 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 administer
this chapter. As added by P.L.1-1996, SEC.20.
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 a
minor 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 by
the commissioner;
(B) that does not present an immediate or reasonably
foreseeable danger to the public health or environment; and
(C) that does not include a violation of:
(i) a numerical limitation or a numerical standard
contained in environmental management laws or a rule or
standard adopted by a board applicable to a business
required to correct the violation before disclosure of the
violation;
(ii) a term or condition of a determination, permit, or order
made or issued by the commissioner to a business required
to correct the violation before disclosure of the violation,
unless the term or condition incorporates a limitation,
standard, work practice, or other requirement by reference
and does not specify the limitation, standard, work
practice, or other requirement; or
(iii) a requirement under environmental management laws
or a rule adopted by a board to possess a permit;
the business required to correct the violation has not more than
ninety (90) days after the date the property owner receives the
written summary of the inspection under this section to correct
the violation; and
(2) the:
(A) business:
(i) corrects the violation; or
(ii) commences substantial steps to correct the violation,
including submitting permit applications, securing
financing, or ordering equipment;
within the ninety (90) day period described in subdivision
(1); or
(B) business corrects the violation within an additional
ninety (90) day period under section 3 of this chapter;
the department's enforcement action is limited to the assessment
of a civil penalty in an amount not to exceed five hundred
dollars ($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 in
section 1 of this chapter based on:
(1) a good faith effort or cooperation of a business required to
correct a violation before or after disclosure of the violation;
(2) the ability of a business required to correct the violation to
pay the penalty;
(3) an agreement that a business required to correct a violation
will offset the payment of a civil penalty by a project that:
(A) has clearly identifiable and quantifiable environmental
benefits; and
(B) is not otherwise required under federal, state, or local
law, rules, or regulations; or
(4) other mitigating factors within the discretion of the
department. 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 be
corrected; or
(2) substantial steps to correct the violation cannot be taken;
within ninety (90) days, the department may extend the correction
period 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 department
determines that an alleged violation under section 1 of this chapter:
(1) is disclosed after a business receives a notice of violation
from the department for an alleged violation of the same or
similar requirement;
(2) is a criminal offense under environmental management
laws; 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 business
required to correct a violation under section 1 of this chapter
during 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 to
section 1 of this chapter may elect to resolve an enforcement action
in the same manner as a business required to correct a violation that
is 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 administer
this chapter. As added by P.L.1-1996, SEC.20.
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 a
minor 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 by
the commissioner;
(B) that does not present an immediate or reasonably
foreseeable danger to the public health or environment; and
(C) that does not include a violation of:
(i) a numerical limitation or a numerical standard
contained in environmental management laws or a rule or
standard adopted by a board applicable to a business
required to correct the violation before disclosure of the
violation;
(ii) a term or condition of a determination, permit, or order
made or issued by the commissioner to a business required
to correct the violation before disclosure of the violation,
unless the term or condition incorporates a limitation,
standard, work practice, or other requirement by reference
and does not specify the limitation, standard, work
practice, or other requirement; or
(iii) a requirement under environmental management laws
or a rule adopted by a board to possess a permit;
the business required to correct the violation has not more than
ninety (90) days after the date the property owner receives the
written summary of the inspection under this section to correct
the violation; and
(2) the:
(A) business:
(i) corrects the violation; or
(ii) commences substantial steps to correct the violation,
including submitting permit applications, securing
financing, or ordering equipment;
within the ninety (90) day period described in subdivision
(1); or
(B) business corrects the violation within an additional
ninety (90) day period under section 3 of this chapter;
the department's enforcement action is limited to the assessment
of a civil penalty in an amount not to exceed five hundred
dollars ($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 in
section 1 of this chapter based on:
(1) a good faith effort or cooperation of a business required to
correct a violation before or after disclosure of the violation;
(2) the ability of a business required to correct the violation to
pay the penalty;
(3) an agreement that a business required to correct a violation
will offset the payment of a civil penalty by a project that:
(A) has clearly identifiable and quantifiable environmental
benefits; and
(B) is not otherwise required under federal, state, or local
law, rules, or regulations; or
(4) other mitigating factors within the discretion of the
department. 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 be
corrected; or
(2) substantial steps to correct the violation cannot be taken;
within ninety (90) days, the department may extend the correction
period 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 department
determines that an alleged violation under section 1 of this chapter:
(1) is disclosed after a business receives a notice of violation
from the department for an alleged violation of the same or
similar requirement;
(2) is a criminal offense under environmental management
laws; 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 business
required to correct a violation under section 1 of this chapter
during 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 to
section 1 of this chapter may elect to resolve an enforcement action
in the same manner as a business required to correct a violation that
is 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 administer
this chapter. As added by P.L.1-1996, SEC.20.
