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

312 IAC 29-34-4

Natural Resources Commission; 312 IAC 29-34-4; filed 12/1/2017, 10:35 a.m.: 20171227-IR-312160230FRA Readopted filed 1/17/2023, 1:53 p.m.: 20230215-IR-312220328RFA