Section 312 IAC 25-7-26 - Individual civil penalties; procedure for assessmentAuthority: 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) A narrative explanation of the reasons for the penalty.(2) The amount to be assessed.(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) 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) 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-312130125RFAReadopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190011RFAErrata filed 3/23/2021, 12:46 p.m.: 20210331-IR-312210125ACA