329 Ind. Admin. Code 1-3-6

Current through January 8, 2025

Section 329 IAC 1-3-6 - Other penalty considerations

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

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

(A) a milestone date for each action; and

(B) a stipulated or an additional penalty that is contingent on completion of the critical actions in a timely and satisfactory manner.

(3) A stipulated or an additional penalty is separate from the assessed civil penalty.

(4) A stipulated or an additional penalty is assessed in amounts that provide an incentive sufficient to meet the milestone.

329 IAC 1-3-6

Solid Waste Management Division; 329 IAC 1-3-6; filed 11/18/2024, 5:00 p.m.: 20241218-IR-329240048FRA