§ 13-30-4-3 — Waiver of civil penalties

(a) The department may waive up to one
hundred percent (100%) of a civil penalty imposed on a business for a
minor violation of:
(1) a requirement of environmental management laws;
(2) a rule adopted by the board or one (1) of the former boards
abolished by IC 13-13-8-2; or
(3) any determination, permit, or order made or issued by the
commissioner.
(b) The department may not waive any part of a civil penalty under
this section if the violation:
(1) endangers or causes damage to public health or the
environment;
(2) is intentional, willful, or criminal;
(3) is of a requirement for which the department has previously
issued a notice or warning of violation, for this or a prior
violation, to the business required to correct the violation; or
(4) is not corrected within ninety (90) days after the date the
business required to correct the violation notifies the department
of the violation under subsection (c). The department may extend
the ninety (90) day period for not more than an additional ninety
(90) days.
(c) To seek a waiver of a civil penalty under this section, the
business required to correct the violation must submit to the
department a written report of the violation for which a waiver is
sought. The report must be submitted to the department before an
inspection by the department that discloses the violation or the issuance
of a notice or warning of violation.
(d) The board may adopt rules to implement this section.
[Pre-1996 Recodification Citation: 13-7-13-5.]

Legislative History

As added by P.L.1-1996, SEC.20. Amended by P.L.123-1996, SEC.15; P.L.113-2014, SEC.86.