312 IAC 25-7-23 Individual civil penalties; definitions

Sec. 23. (a) The definitions in this section apply to sections 24 through 27 of this rule. (b) "Knowingly" means that an individual knew or had reason to know in authorizing, ordering, or carrying out an act or omission on the part of a corporate permittee that such act or omission constituted a violation, failure, or refusal. (c) "Violation, failure, or refusal" means either of the following: (1) A violation of a condition of a permit issued under IC 14-34 or this article. (2) A failure or refusal to comply with any order issued under IC 14-34 or this article, or any order incorporated in a final decision issued by the department under IC 14-34 or this article, except an order incorporated in a decision issued under IC 14-34 or this article. (d) "Willfully" means that an individual acted in both of the following manners: (1) Intentionally, voluntarily, or consciously. (2) With intentional disregard or plain indifference to legal requirements in authorizing, ordering, or carrying out a corporate permittee's action omission that constituted a violation, failure, or refusal.