Authority: IC 14-10-2-4; IC 25-39-4-2; IC 25-39-4-9

Affected: IC 25-39

Sec. 4. (a) The commission may consider the factors set forth in this section in conducting administrative review of an order issued by the department under section 2 or 3 of this rule.

(b) Mitigating factors are as follows:

1. (1) The person against whom action is taken has not previously been adjudicated by the commission or a court to have violated IC 25-39 or this article.
2. (2) The violation appears to have been unintentional.
3. (3) The violation was an isolated occurrence.
4. (4) Contamination is unlikely to have occurred as a result of the violation.
5. (5) Where a violation has occurred, the person has acted diligently to correct the violation.

(c) Aggravating factors are as follows:

1. (1) The person against whom action is taken has previously been adjudicated by the commission or a court to have violated IC 25-39 or this article.
2. (2) The violation appears to have been intentional.
3. (3) A pattern of violations has occurred.
4. (4) Significant contamination is likely to have occurred as a result of the violation.
5. (5) A hazard to human health is likely to have occurred as a result of the violation.

(Natural Resources Commission; 312 IAC 13-12-4; filed Nov 22, 1999, 3:34 p.m.: 23 IR 775; readopted filed Aug 4, 2005, 6:00 p.m.: 28 IR 3661; readopted filed May 20, 2011, 3:28 p.m.: 20110615-IR-312110002RFA; readopted filed Jul 19, 2017, 3:45 p.m.: 20170816-IR-312170132RFA; readopted filed May 17, 2023, 10:52 a.m.: 20230614-IR-312230069RFA)