327 IAC 1-2-3 Base civil penalty

Sec. 3. (a) A base civil penalty is calculated by selecting a penalty from the matrix in subsection (f), under subsections (b) through (e), and multiplying the base penalty by the number of days of violation as described in subsection (g). (b) In calculating the base civil penalty, the range of penalties to be selected from the penalty matrix in subsection (f) is the range corresponding to the violation's: (1) potential for harm to human health or the environment, or to a regulatory program as described in subsections (c) and (d); and (2) the extent of deviation from a statutory, regulatory, or permit requirement as described in subsection (e). (c) The department shall determine a violation's potential for harm by evaluating the: (1) likelihood and degree of exposure of persons or the environment to pollution; or (2) degree of adverse effect of noncompliance on statutory or regulatory purposes or procedures for implementing the program, based on the following factors: (A) Amount of pollutant. (B) Toxicity of pollutant. (C) Sensitivity of the environment. (D) Sensitivity of the human population. (E) Length of time of exposure. (F) Size of the violator. (d) The degree of potential harm represented by each category is defined as follows: (1) For a major violation: (A) the violation poses a substantial likelihood or degree of exposure to pollution; or (B) the actions have or may have a substantial adverse effect on the statutory or regulatory purposes or procedures for implementing the program. (2) For a moderate violation: (A) the violation poses a significant likelihood or degree of exposure to pollution; or (B) the actions have or may have a significant adverse effect on the statutory or regulatory purposes or procedures for implementing the program. (3) For a minor violation: (A) the violation poses a relatively low likelihood or degree of exposure to pollution; or (B) the actions have or may have an adverse effect on the statutory or regulatory purposes or procedures for implementing the program. (e) The extent of deviation from a statutory, rule, or permit requirement relates to the degree to which the requirement is violated and is defined as follows: (1) For a major deviation, the violator deviates from the requirements of the regulation, permit, or statute to the extent that there is substantial noncompliance. (2) For a moderate deviation, the violator significantly deviates from the requirements of the regulation, permit, or statute, or only some of the requirements are implemented. (3) For a minor deviation, the violator deviates somewhat from the regulatory, permit, or statutory requirements, or most of the requirements are met. (f) The department shall determine the base civil penalty based on individual circumstances using the following matrix: Potential for Harm Extent of Deviation from Requirement Major Moderate Minor Major $25,000 to $20,000 $20,000 to $15,000 $15,000 to $12,500 Moderate $12,500 to $10,000 $10,000 to $7,500 $7,500 to $5,000 Minor $5,000 to $3,500 $3,500 to $2,000 $2,000 to $1,000 (g) The department shall multiply the penalty derived from the matrix calculation by the number of days of violation to obtain the base civil penalty. (h) Multi-day penalties may be calculated in the case of continuing violations.