Indiana § 13-30-10-5 Criminal penalties for violating underground storage tank laws

Indiana Statutes

§ 13-30-10-5 — Criminal penalties for violating underground storage tank laws

Indiana § 13-30-10-5

Art. 30ENFORCEMENT AND LEGAL ACTIONS

Ch. 10Crimes

This text of Indiana § 13-30-10-5 (Criminal penalties for violating underground storage tank laws) 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.

Bluebook

Ind. Code § 13-30-10-5 (2026).

Text

(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 Level 6 felony. However, the offense is a Level 5 felony if it results in the death

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(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 Level 6 felony. However, the offense is a Level 5 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.