327 IAC 1-2-6 Other penalty considerations

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.