§ 13-30-7-1 — Correction period

Indiana § 13-30-7-1

• Jurisdiction: Indiana
• Art. 30: ENFORCEMENT AND LEGAL ACTIONS
• Ch. 7: Minor Violations by Certain Businesses

Text

Except as provided in sections 3 and 4 of this
chapter, if:
(1) the department determines that a business has committed a
minor violation:
(A) of:
(i) environmental management laws;
(ii) a rule or standard adopted by a board; or
(iii) any determination, permit, or order made or issued by the
commissioner;
(B) that does not present an immediate or reasonably
foreseeable danger to the public health or environment; and
(C) that does not include a violation of:
(i) a numerical limitation or a numerical standard contained
in environmental management laws or a rule or standard
adopted by a board applicable to a business required to
correct the violation before disclosure of the violation;
(ii) a term or condition of a determination, permit, or order
made or issued by the commissioner to a business required to
correct the violation before disclosure of the violation, unless
the term or condition incorporates a limitation, standard,
work practice, or other requirement by reference and does not
specify the limitation, standard, work practice, or other
requirement; or
(iii) a requirement under environmental management laws or
a rule adopted by a board to possess a permit;
the business required to correct the violation has not more than
ninety (90) days after the date the property owner receives the
written summary of the inspection under this section to correct the
violation; and
(2) the:
(A) business:
(i) corrects the violation; or
(ii) commences substantial steps to correct the violation,
including submitting permit applications, securing financing,
or ordering equipment;
within the ninety (90) day period described in subdivision (1);
or
(B) business corrects the violation within an additional ninety
(90) day period under section 3 of this chapter;
the department's enforcement action is limited to the assessment
of a civil penalty in an amount not to exceed five hundred dollars
($500).
[Pre-1996 Recodification Citation: 13-7-5-3.3(f).]

Legislative History

As added by P.L.1-1996, SEC.20. Amended by P.L.123-1996, SEC.16.