Authority: IC 14-34-2-1

Affected: IC 14-34

Sec. 25. (a) When determining the amount of an individual civil penalty assessed under section 24 of this rule, the director shall consider the criteria specified in IC 14-34, including each of the following:

1. (1) The individual's history of authorizing, ordering, or carrying out previous violations, failures, or refusals, as defined in section 23(c) of this rule, at the particular surface coal mining operation.
2. (2) The seriousness of the violation, failure, or refusal as defined in section 23(c) of this rule (as indicated by the extent of damage and the cost of reclamation), including any irreparable harm to the environment and any hazard to the health or safety of the public.
3. (3) The individual charged makes an affirmative demonstration of good faith in attempting to achieve rapid compliance after notice of the violation, failure, or refusal as defined in section 23(c) of this rule.

(b) The penalty shall not exceed five thousand dollars ($5,000) for each violation. Each day of a continuing violation may be deemed a separate violation, and the director may assess a separate individual civil penalty for each day the violation, failure, or refusal, as defined under section 23(c) of this rule, continues, from the date of service of the underlying notice of violation, cessation order, or other order incorporated in a final decision issued by the director, until abatement or compliance is achieved.

(Natural Resources Commission; 312 IAC 25-7-25; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3602, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFA; readopted filed Mar 26, 2019, 3:40 p.m.: 20190424-IR-312190011RFA; readopted filed Mar 25, 2025, 9:50 a.m.: 20250423-IR-312240574RFA)