Section 312 IAC 29-34-3 - Notice of violationAuthority: IC 14-10-2-4; IC 14-37-3
Affected: IC 4-21.5; IC 14-37
Sec. 3.
(a) The division director or an authorized representative may issue a notice of violation against any person who violates IC 14-37 or this article.(b) A written notice of violation shall include the following information:(1) The nature of the violation.(2) The action necessary to abate the violation.(3) The date by which the violation must be abated.(4) Notice that a person may file a written request for administrative review of the notice of violation within thirty (30) days of issuance at the following address: Natural Resources Commission
Division of Hearings
Indiana Government Center North, Room N103 100 North Senate Avenue
Indianapolis, Indiana 46204
(c) A written notice of violation shall be considered properly served upon:(1) personal delivery upon the owner or operator; or(2) service by United States First Class mail to the address of record on file with the division.(d) The date established for abating the violation under subsection (b)(3) may be extended by the division director or an authorized representative upon a request from the owner or operator demonstrating that:(1) abatement within the original time established is not practicable due to: (A) the scope of actions required for abatement; or(B) circumstances beyond the control of the owner or operator; and(2) a delay in abating the violation will not:(A) substantially increase the damage to property;(B) increase the threat to the environment; or(C) increase the threat to public health or safety.(e) A notice of violation issued under this section becomes effective without a proceeding under IC 4-21.5unless a person requests administrative review under IC 4-21.5-3-6 within thirty (30) days of issuance.Natural Resources Commission; 312 IAC 29-34-3; filed 12/1/2017, 10:35 a.m.: 20171227-IR-312160230FRAReadopted filed 1/17/2023, 1:53 p.m.: 20230215-IR-312220328RFA