This text of Indiana § 13-30-10-1.5 (Offenses involving hazardous waste management, air pollution control,
or water pollution control) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
5.
(a)Except as provided in subsection (b),
a person regulated under IC 13-22 who knowingly:
(1)transports hazardous waste to an unpermitted facility;
(2)treats, stores, or disposes of hazardous waste without a permit
issued by the department under IC 13-22; or
(3)transports, treats, stores, disposes, recycles, or causes to be
transported used oil regulated under rules adopted by the board
without a manifest or in violation of the standards established by
the department for the management of used oil;
commits a Class B misdemeanor.
(b)Notwithstanding the maximum fine provisions of IC 35-50-3-3,
criminal fines for a person convicted of an offense described in
subsection (a) shall be assessable in a maximum amount of not less
than ten thousand dollars ($10,000) per day per violation.
(c
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5. (a) Except as provided in subsection (b),
a person regulated under IC 13-22 who knowingly:
(1) transports hazardous waste to an unpermitted facility;
(2) treats, stores, or disposes of hazardous waste without a permit
issued by the department under IC 13-22; or
(3) transports, treats, stores, disposes, recycles, or causes to be
transported used oil regulated under rules adopted by the board
without a manifest or in violation of the standards established by
the department for the management of used oil;
commits a Class B misdemeanor.
(b) Notwithstanding the maximum fine provisions of IC 35-50-3-3,
criminal fines for a person convicted of an offense described in
subsection (a) shall be assessable in a maximum amount of not less
than ten thousand dollars ($10,000) per day per violation.
(c) Except as provided in subsection (d), a person regulated under
IC 13-17 who knowingly violates:
(1) 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 or of rules of the board implementing the chapters
referred to in this subdivision;
(2) any condition of a permit issued by the department under IC 13-17; or
(3) any fee or filing requirement in IC 13-17, including the
requirement to file an application for a permit under IC 13-17;
commits a Class C misdemeanor.
(d) Notwithstanding the maximum fine provisions of IC 35-50-3-4,
criminal fines for a person convicted of an offense described in
subsection (c) shall be assessable in a maximum amount of not less
than ten thousand dollars ($10,000) per day per violation.
(e) Except as provided in subsection (f), a person who willfully or
negligently violates:
(1) any applicable standards or limitations of IC 13-18-3-2.4, IC 13-18-4-5, IC 13-18-12, IC 13-18-14, IC 13-18-15, or IC 13-18-16 or of rules of the board implementing the chapters
referred to in this subdivision;
(2) any condition of a National Pollutant Discharge Elimination
System permit issued by the department under IC 13-18-19 or
rules adopted by the board under IC 13-18-19;
(3) any National Pollutant Discharge Elimination System Permit
filing requirement under IC 13-18-19; or
(4) any condition of a permit issued by the department in
accordance with the requirements of 33 U.S.C. 1344;
commits a Class A misdemeanor.
(f) Notwithstanding the maximum fine provisions of IC 35-50-3-2,
criminal fines for a person convicted of an offense described in
subsection (e) shall be assessable in a maximum amount of not less
than ten thousand dollars ($10,000) per day per violation.
(g) A person who willfully or recklessly violates any applicable
standards or limitations of IC 13-18-8 commits a Class B misdemeanor.
(h) A person who willfully or recklessly violates any applicable
standards or limitations of IC 13-18-9, IC 13-18-10, or IC 13-18-10.5
commits a Class C misdemeanor.
(i) A person who:
(1) knowingly commits any act described in subsection (a), (c), or
(e); and
(2) knows that commission of the act places another person in
imminent danger of death or serious bodily injury;
commits a Level 4 felony. However, the offense is a Level 3 felony if
it results in serious bodily injury to any person, and a Level 2 felony if
it results in the death of any person.
(j) It shall be a defense to an offense described in subsection (i) that
the person charged:
(1) did not know; or
(2) could not reasonably have been expected to know;
that the violation would place another person in imminent danger or
threat of serious bodily injury. For the purposes of subsection (i), a
person is responsible only for the person's own actual awareness or
actual belief, and knowledge by another person may not be attributed
to the person.
(k) 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.