170 IAC 5-3-4.1 Enforcement of violations

Sec. 4.1. (a) If the division identifies a possible violation of this rule, the division shall provide a written notice of probable violation to the operator and allow the operator an opportunity to respond. (b) An operator that receives a written notice of probable violation from the division shall respond within the time specified in the written notice or within ten (10) days, whichever is longer. The failure of the operator to respond to the written notice is an additional violation of this rule. (c) An operator that receives a written notice of an area of concern from the division shall respond with a proposed or completed resolution in the time specified in the written notice or within ten (10) days, whichever is longer. The failure of the operator to respond to the written notice is an additional violation of this rule. The response shall either specify the actions the operator has taken or will take to mitigate the concern or the reasons why the concern does not pose a safety hazard. (d) Violations of this rule may be enforced by the division under IC 8-1-22.5 by referring the violations to the commission for investigation and possible civil penalty under IC 8-1-22.5-7, or by filing a petition with the commission requesting a commission determination of the violation and penalty. (e) When the division and an operator agree in writing to a set of compliance actions, a violation of the agreement is in and of itself a violation of this rule. (f) An operator shall not prohibit its employees or contractors from providing information to the division related to the safe operation of the operator's system.