Section 329 IAC 1-3-2 - DefinitionsAuthority: IC 4-22-2; IC 13-14-9; IC 13-30-4-1
Affected: IC 13-30-3-3; IC 13-30-4
Sec. 2.
The following definitions apply to this rule:
(1) "Avoided costs" means expenditures that are nullified by the violator's failure to comply and never incurred. The economic benefit of avoided costs equals the cost of complying with the requirement from the time of violation to compliance, less any tax savings.(2) "Delayed costs" means expenditures that have been deferred by a violator by failing to comply with the requirements. Delayed costs are the equivalent of capital costs. The economic benefit for delayed costs includes the amount of interest on the unspent money that reasonably was able to be earned by the violator during noncompliance.(3) "Notice of violation" or "NOV" means the notice issued by the department to an alleged violator under IC 13-30-3-3 to initiate a formal enforcement action.(4) "Prior violation" means an act or omission for which the violator has previously been given written notification, however informal, that the department or U.S. EPA believes a violation exists, or for which an enforcement response from the department or U.S. EPA has occurred, including a: (B) warning or violation letter;(D) consent agreement; or(5) "Qualified supplemental environmental project" means an environmentally beneficial project that improves, protects, or reduces risks to public health or the environment, and that a regulated entity agrees to undertake in further settlement of an enforcement action, but that the regulated entity is not otherwise legally required to perform.Solid Waste Management Division; 329 IAC 1-3-2; filed 11/18/2024, 5:00 p.m.: 20241218-IR-329240048FRA