Authority: IC 14-34-2-1

Affected: IC 14-34

Sec. 26. (a) The director shall serve on each individual to be assessed an individual civil penalty a notice of proposed individual civil penalty assessment which shall include each of the following:

1. (1) A narrative explanation of the reasons for the penalty.
2. (2) The amount to be assessed.
3. (3) A copy of any underlying notice of violation and cessation order.

(b) The notice of proposed individual civil penalty assessment shall become a final order of the director thirty (30) days after service upon the individual unless the individual completes one (1) of the following:

1. (1) The individual files within thirty (30) days of service of the notice of proposed individual civil penalty assessment a petition for review with the Indiana Natural Resources Commission, Division of Hearings, Indiana Government Center North, 100 N. Senate Avenue, Room N103, Indianapolis, Indiana 46204, (Phone: 317-232-4699).
2. (2) The director and the individual or responsible corporate permittee agree within thirty (30) days of service of the notice of proposed individual civil penalty assessment to a schedule or plan for the abatement or correction of the violation, failure, or refusal.

(c) For purposes of this section, service is sufficient if it would satisfy the requirements of sections 8 through 18 of this rule.

(Natural Resources Commission; 312 IAC 25-7-26; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3603, 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; errata filed Mar 23, 2021, 12:46 p.m.: 20210331-IR-312210125ACA; readopted filed Mar 25, 2025, 9:50 a.m.: 20250423-IR-312240574RFA)