Authority: IC 4-22-2-19.6; IC 14-10-2-1; IC 14-10-2-4; IC 14-34-2-1; IC 14-36-1- 13

Affected: IC 14-34; IC 14-36

Sec. 1. (a) The amount of a civil penalty charged under subsection (c) for a notice of violation is based on points assessed against a person holding a permit for a violation under subsection (b) and 312 IAC 25-7-14.

(b) The department shall assess points to determine the amount of a civil penalty charged under subsection (c) for a notice of violation as follows:

1. (1) Whether a person that receives a notice of violation has a history of violations as follows:

   1. (A) One (1) point assessed for each prior notice of violation charged.
   2. (B) Five (5) points assessed for each prior cessation order charged.

2. (2) The seriousness of a violation as follows:

   1. (A) Not more than fifteen (15) points for conduct resulting in a violation.
   2. (B) Not more than fifteen (15) points for conduct resulting in potential or actual damage from a violation.
   3. (C) Not more than fifteen (15) points for conduct obstructing the enforcement of a notice of violation.

3. (3) Whether negligence is committed as follows:

   1. (A) Zero (0) points if the department determines the action does not constitute negligence.
   2. (B) At least one (1) point and not more than twelve (12) points if the department determines the action constitutes carelessness.
   3. (C) At least thirteen (13) points and not more than nineteen (19) points if the department determines the action constitutes recklessness.
   4. (D) At least twenty (20) points and not more than twenty-five (25) points if the department determines the action constitutes knowing or willful misconduct.
4. (4) Not more than thirty (30) points may be assessed for good faith against the points assessed for a violation under subdivisions (1) through (3) if the department determines a person holding a permit achieves rapid compliance under 312 IAC 25-7-14 after receiving a notice of violation, or uses extraordinary measures under 312 IAC 25-7-14 to abate a violation. The points for good faith assessed under this subdivision reduce the points assessed for the cost of a civil penalty charged under subsection (c).

(c) The cost of a civil penalty for the points assessed for a notice of violation under subsection (b) are as follows:

1. (1) For one (1) assessed point, twenty dollars ($20).
2. (2) For two (2) assessed points, forty dollars ($40).
3. (3) For three (3) assessed points, sixty dollars ($60).
4. (4) For four (4) assessed points, eighty dollars ($80).
5. (5) For five (5) assessed points, one hundred dollars ($100).
6. (6) For six (6) assessed points, one hundred twenty dollars ($120).
7. (7) For seven (7) assessed points, one hundred forty dollars ($140).
8. (8) For eight (8) assessed points, one hundred sixty dollars ($160).
9. (9) For nine (9) assessed points, one hundred eighty dollars ($180).
10. (10) For ten (10) assessed points, two hundred dollars ($200).
11. (11) For eleven (11) assessed points, two hundred twenty dollars ($220).
12. (12) For twelve (12) assessed points, two hundred forty dollars ($240).
13. (13) For thirteen (13) assessed points, two hundred sixty dollars ($260).
14. (14) For fourteen (14) assessed points, two hundred eighty dollars ($280).
15. (15) For fifteen (15) assessed points, three hundred dollars ($300).
16. (16) For sixteen (16) assessed points, three hundred twenty dollars ($320).
17. (17) For seventeen (17) assessed points, three hundred forty dollars ($340).
18. (18) For eighteen (18) assessed points, three hundred sixty dollars ($360).
19. (19) For nineteen (19) assessed points, three hundred eighty dollars ($380).
20. (20) For twenty (20) assessed points, four hundred dollars ($400).
21. (21) For twenty-one (21) assessed points, four hundred twenty dollars ($420).
22. (22) For twenty-two (22) assessed points, four hundred forty dollars ($440).
23. (23) For twenty-three (23) assessed points, four hundred sixty dollars ($460).
24. (24) For twenty-four (24) assessed points, four hundred eighty dollars ($480).
25. (25) For twenty-five (25) assessed points, five hundred dollars ($500).
26. (26) For twenty-six (26) assessed points, six hundred dollars ($600).
27. (27) For twenty-seven (27) assessed points, seven hundred dollars ($700).
28. (28) For twenty-eight (28) assessed points, eight hundred dollars ($800).
29. (29) For twenty-nine (29) assessed points, nine hundred dollars ($900).
30. (30) For thirty (30) assessed points, one thousand dollars ($1,000).
31. (31) For thirty-one (31) assessed points, one thousand one hundred dollars ($1,100).
32. (32) For thirty-two (32) assessed points, one thousand two hundred dollars ($1,200).
33. (33) For thirty-three (33) assessed points, one thousand three hundred dollars ($1,300).
34. (34) For thirty-four (34) assessed points, one thousand four hundred dollars ($1,400).
35. (35) For thirty-five (35) assessed points, one thousand five hundred dollars ($1,500).
36. (36) For thirty-six (36) assessed points, one thousand six hundred dollars ($1,600).
37. (37) For thirty-seven (37) assessed points, one thousand seven hundred dollars ($1,700).
38. (38) For thirty-eight (38) assessed points, one thousand eight hundred dollars ($1,800).
39. (39) For thirty-nine (39) assessed points, one thousand nine hundred dollars ($1,900).
40. (40) For forty (40) assessed points, two thousand dollars ($2,000).
41. (41) For forty-one (41) assessed points, two thousand one hundred dollars ($2,100).
42. (42) For forty-two (42) assessed points, two thousand two hundred dollars ($2,200).
43. (43) For forty-three (43) assessed points, two thousand three hundred dollars ($2,300).
44. (44) For forty-four (44) assessed points, two thousand four hundred dollars ($2,400).
45. (45) For forty-five (45) assessed points, two thousand five hundred dollars ($2,500).
46. (46) For forty-six (46) assessed points, two thousand six hundred dollars ($2,600).
47. (47) For forty-seven (47) assessed points, two thousand seven hundred dollars ($2,700).
48. (48) For forty-eight (48) assessed points, two thousand eight hundred dollars ($2,800).
49. (49) For forty-nine (49) assessed points, two thousand nine hundred dollars ($2,900).
50. (50) For fifty (50) assessed points, three thousand dollars ($3,000).
51. (51) For fifty-one (51) assessed points, three thousand one hundred dollars ($3,100).
52. (52) For fifty-two (52) assessed points, three thousand two hundred dollars ($3,200).
53. (53) For fifty-three (53) assessed points, three thousand three hundred dollars ($3,300).
54. (54) For fifty-four (54) assessed points, three thousand four hundred dollars ($3,400).
55. (55) For fifty-five (55) assessed points, three thousand five hundred dollars ($3,500).
56. (56) For fifty-six (56) assessed points, three thousand six hundred dollars ($3,600).
57. (57) For fifty-seven (57) assessed points, three thousand seven hundred dollars ($3,700).
58. (58) For fifty-eight (58) assessed points, three thousand eight hundred dollars ($3,800).
59. (59) For fifty-nine (59) assessed points, three thousand nine hundred dollars ($3,900).
60. (60) For sixty (60) assessed points, four thousand dollars ($4,000).
61. (61) For sixty-one (61) assessed points, four thousand one hundred dollars ($4,100).
62. (62) For sixty-two (62) assessed points, four thousand two hundred dollars ($4,200).
63. (63) For sixty-three (63) assessed points, four thousand three hundred dollars ($4,300).
64. (64) For sixty-four (64) assessed points, four thousand four hundred dollars ($4,400).
65. (65) For sixty-five (65) assessed points, four thousand five hundred dollars ($4,500).
66. (66) For sixty-six (66) assessed points, four thousand six hundred dollars ($4,600).
67. (67) For sixty-seven (67) assessed points, four thousand seven hundred dollars ($4,700).
68. (68) For sixty-eight (68) assessed points, four thousand eight hundred dollars ($4,800).
69. (69) For sixty-nine (69) assessed points, four thousand nine hundred dollars ($4,900).
70. (70) For at least seventy (70) assessed points, five thousand dollars ($5,000).

(d) The director of the division of reclamation shall assess a penalty of five thousand dollars ($5,000) under 312 IAC 25-7-13.

(Natural Resources Commission; 312 IAC 1.5-8-1; filed Sep 9, 2024, 10:58 a.m.: 20241009-IR- 312240163FRA)