312 IAC 29-34-4 - Civil penalties
Authority: IC 14-10-2-4; IC 14-37-3
Affected: IC 4-21.5; IC 14-37
Sec. 4.
(a) The
division director or authorized representative may assess a civil penalty for a
violation of IC 14-37 or this article after considering the following factors:
(1) The seriousness of the violation
including whether the violation:
(A) resulted
in or had the potential to damage to property;
(B) adversely affected or had the potential
to adversely affect the environment; or
(C) threatened or caused harm to public
health or safety.
(2) The
extent to which the violation appears to have been caused:
(A) willfully;
(B) through negligence; or
(C) through a failure to exercise reasonable
care to prevent the occurrence of the violation.
(3) The owner's or operator's history of
violations, including violations at other locations and under other
permits.
(4) The extent to which
factors beyond the control of the owner or operator may have caused or
contributed to the violation.
(b) A notice of civil penalty assessment
shall be served as prescribed in section 3(c) of this rule and include the
following information:
(1) An explanation for
issuance of the civil penalty assessment.
(2) The amount of the civil penalty
assessed.
(3) Notice that a person
may file a written request for administrative review of the civil penalty
assessment within thirty (30) days of issuance at the following address:
Natural Resources Commission
Division of Hearings
Indiana Government Center North, Room N103
100 North Senate Avenue
Indianapolis, Indiana 46204
(c) A civil penalty assessment becomes
effective without a proceeding under IC
4-21.5-3 unless a person requests
administrative review under IC 4-21.5within thirty (30) days of the assessment.
Notes
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