Authority: IC 14-10-2-4; IC 14-37-3

Affected: IC 4-21.5; IC 14-37

Sec. 2. (a) The division director or an authorized representative may issue a written warning of noncompliance under this section in lieu of a notice of violation. Nothing contained in this section precludes the immediate or subsequent issuance of a notice of violation.

(b) A written warning of noncompliance may be considered by the division director where the observed violation does not involve damage to property or pose an immediate threat to the environment or to public health or safety.

(c) A written warning of noncompliance is not subject to administrative review under IC 4-21.5.

(d) A written warning of noncompliance must include the following information:

1. (1) The nature of the noncompliance.
2. (2) The action appropriate to abate the noncompliance.
3. (3) The date by which the noncompliance must be abated.

(e) A written warning of noncompliance shall not be considered:

1. (1) when determining whether a person has an outstanding violation for purposes of permit denial under 312 IAC 29-4- 7;
2. (2) in establishing a pattern of willful violations for purposes of permit revocation under section 6 of this rule; or
3. (3) in establishing a history of violations for purposes of civil penalty assessment under section 5 of this rule.

(Natural Resources Commission; 312 IAC 29-34-2; filed Dec 1, 2017, 10:35 a.m.: 20171227-IR-312160230FRA; readopted filed Jan 17, 2023, 1:53 p.m.: 20230215-IR-312220328RFA)