Section 329 IAC 1-3-1 - General provisionsAuthority: IC 4-22-2; IC 13-14-9; IC 13-30-4-1
Affected: IC 13-23-14-2; IC 13-23-14-3; IC 13-30-4
Sec. 1.
(a) The department shall assess civil penalties consistent with this rule when imposing civil penalties as provided under IC 13-30-4.(b) A civil penalty is the figure resulting from the following calculation:(1) The base civil penalty is determined dependent on the severity and duration of the violation as described in section 3 of this rule.(2) The base civil penalty is adjusted for special factors and circumstances as described in section 4 of this rule.(3) The economic benefit of noncompliance is considered and added as described in section 5 of this rule.(c) In situations where several violations have occurred, the following applies: (1) Separate violations may be grouped for the purpose of applying this rule.(2) Each violation or group of violations is considered as a separate violation for the purpose of calculating a civil penalty if it results from independent acts or compliance problems and is distinguishable from any other violation cited in the same notice of violation.(3) The total civil penalty assessed in an enforcement case is the sum of all penalties for multiple violations or groups of violations, as calculated under this rule.(d) Relevant parts of this rule are applied in conjunction with 329 IAC 9-11 to calculate penalties for violations set forth in IC 13-23-14-2 and IC 13-23-14-3.Solid Waste Management Division; 329 IAC 1-3-1; filed 11/18/2024, 5:00 p.m.: 20241218-IR-329240048FRA