Authority: IC 4-22-2; IC 13-14-9; IC 13-30-4-1

Affected: IC 13-30-4

Sec. 6. (a) A negotiated order may contain a provision that allows a portion of the civil penalty to be offset by a qualified supplemental environmental project.

(b) An order may include a stipulated or an additional penalty as follows:

1. (1) An order may specify certain actions the violator must take to remediate an environmental problem or comply with a requirement.

2. (2) The order must list the necessary actions and include:

   1. (A) a milestone date for each action; and
   2. (B) a stipulated or an additional penalty that is contingent on completion of the critical actions in a timely and satisfactory manner.
3. (3) A stipulated or an additional penalty is separate from the assessed civil penalty.
4. (4) A stipulated or an additional penalty is assessed in amounts that provide an incentive sufficient to meet the milestone.

(Air Pollution Control Division; 326 IAC 1-8-6; filed Nov 20, 2024, 1:07 p.m.: 20241218-IR- 326240046FRA)