Indiana § 14-34-16-1 Civil penalties; violations

Indiana Statutes

§ 14-34-16-1 — Civil penalties; violations

Indiana·Art. 34 SURFACE COAL MINING AND RECLAMATION·Ch. 16 Penalties

(a)The director:

(1)may, after an opportunity for a public hearing under IC 4-21.5-3, assess a civil penalty on a permittee who violates:

(A)this article; or

(B)IC 13-4.1 (before its repeal); and

(2)shall, if the director has issued a cessation order for the violation to the permittee, assess a civil penalty.

(b)The civil penalty assessed under this section may be in an amount of not more than five thousand dollars ($5,000) for each violation.

(c)If an operator fails to correct a violation for which a notification has been issued under:

(1)IC 13-4.1-11-4 (before its repeal); or

(2)IC 14-34-15-5; in the allotted time for correction, the director may, if a civil penalty is assessed, assess a civil penalty of not less than seven hundred fifty dollars ($750) for each day during which

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(a) The director:
(1) may, after an opportunity for a public hearing under IC 4-21.5-3, assess a civil penalty on a permittee who violates:
(A) this article; or
(B) IC 13-4.1 (before its repeal); and
(2) shall, if the director has issued a cessation order for the
violation to the permittee, assess a civil penalty.
(b) The civil penalty assessed under this section may be in an
amount of not more than five thousand dollars ($5,000) for each
violation.
(c) If an operator fails to correct a violation for which a notification
has been issued under:
(1) IC 13-4.1-11-4 (before its repeal); or
(2) IC 14-34-15-5;
in the allotted time for correction, the director may, if a civil penalty is
assessed, assess a civil penalty of not less than seven hundred fifty
dollars ($750) for each day during which the failure or violation
continues.
(d) The time for correction of a violation does not end until the entry
of:
(1) a final order by the director, for review proceedings initiated
by the operator if the director orders, after an expedited hearing,
the suspension of the abatement requirements of the citation
based upon a determination that the operator will suffer
irreparable loss or damage from the application of those
requirements; or
(2) an order of the court, for review proceedings initiated by the
operator if the court orders the suspension of the abatement
requirements of the citation.
(e) A civil penalty under this section is subject to an administrative
adjudication under IC 4-21.5.
[Pre-1995 Recodification Citation: 13-4.1-12-1(a), (b)
part.]