312 IAC 25-7-16 Civil penalties; assessment of separate violations

Sec. 16. (a) The director may assess separately a civil penalty for each day from the date of issuance of the notice of violation or cessation order to the date set for abatement of the violation. In determining whether to make such an assessment, the director shall consider the factors listed in section 14 of this rule and may consider the extent to which the operator gained any economic benefit as a result of a failure to comply. (b) Whenever a violation contained in a notice of violation or cessation order has not been abated within the abatement period set in the notice or order, a civil penalty of not less than seven hundred fifty dollars ($750) shall be assessed for each day during which such failure continues, for a maximum of thirty (30) days except that, if the operator initiates review proceedings with respect to the violation, the abatement period shall be extended as follows: (1) If suspension of the abatement requirements of the notice or order is ordered in a temporary relief proceeding under IC 14-34-15-9(e) after a determination that the operator will suffer irreparable loss or damage from the application of the requirements, the period permitted for abatement shall not end until the date on which the administrative law judge issues a final order with respect to the violation in question. (2) If the operator initiates review proceedings under IC 14-34-17-1 with respect to the violation in which the obligations to abate are suspended by the court, the daily assessment of a penalty shall not be made for any period before entry of a final order by the court.