§ 14-39-2-15 — Enforcement by the department; when enforcement permissible; civil penalties

Indiana § 14-39-2-15

• Jurisdiction: Indiana
• Art. 39: CARBON DIOXIDE
• Ch. 2: Underground Storage of Carbon Dioxide

Text

(a) A person that violates a requirement
under this article is subject to a civil penalty under this section.
(b) Except as provided in subsection (d), a person that violates a
requirement under this article shall pay to the department a civil
penalty as follows:
(1) One thousand dollars ($1,000) for a first violation.
(2) Five thousand dollars ($5,000) for a second violation.
(3) Ten thousand dollars ($10,000) for a third and each
subsequent violation.
(c) If a person issued a civil penalty under subsection (b) for a
violation of a requirement under this article does not remedy the
violation in the time prescribed by the department, the person is subject
to a cessation order issued by the department. A person that is issued
a cessation order under this section must pay a civil penalty of seven
hundred fifty dollars ($750) per day, for not more than thirty (30) days,
for each day the violation remains unremedied.
(d) If a person does not obtain from the department a certificate or
permit required under this article:
(1) the person shall pay to the department a civil penalty of ten
thousand dollars ($10,000); and
(2) the department shall issue to the person a cessation order in
accordance with subsection (c).
(e) A civil penalty or cessation order assessed or issued under this
section is subject to review and appeal under IC 4-21.5.
(f) The department shall deposit civil penalties collected under this
chapter in the carbon dioxide storage facility trust fund established by
section 10 of this chapter.

Legislative History

As added by P.L.25-2025, SEC.13. Amended by P.L.213-2025, SEC.144.