14-34-16-4. Order to Pay Penalty; Hearing
Sec. 4. (a) Upon the issuance of a notice or an order charging that a violation of IC 13-4.1 (before its repeal) or this article has occurred, the director shall, within thirty (30) days, do the following: (1) Inform the permittee of the amount of penalty assessed. (2) Issue an order to the permittee to […]
14-34-16-5. Action by Attorney General to Recover Civil Penalties Owed
Sec. 5. The director may request the attorney general to institute an action in an appropriate court in the county in which the permittee’s surface coal mining and reclamation operation is located for recovery of civil penalties owed under this article. [Pre-1995 Recodification Citation: 13-4.1-12-1(e).] As added by P.L.1-1995, SEC.27.
14-34-16-6. Criminal Violations
Sec. 6. (a) A person who: (1) knowingly violates: (A) a condition of a permit issued under: (i) IC 13-4.1 (before its repeal); or (ii) this article; (B) this article; or (C) an order issued under: (i) IC 13-4.1 (before its repeal); or (ii) this article; or (2) knowingly makes a false statement, representation, or […]
14-34-16-7. Interference With Director in Performance of Director’s Duties
Sec. 7. A person who willfully resists, prevents, impedes, or interferes, except as otherwise provided by law, with the director or the director’s representative in the performance of duties under this article commits a Class A misdemeanor. [Pre-1995 Recodification Citation: 13-4.1-12-3.] As added by P.L.1-1995, SEC.27.
14-34-16-8. Violations of Permit and Noncompliance by Corporate Permittee
Sec. 8. If a corporate permittee: (1) violates a condition of a permit issued under this article; or (2) fails or refuses to comply with an order issued by the director; a director, an officer, or an agent of the corporation who willfully and knowingly authorized, ordered, or carried out the violation, failure, or refusal […]
14-34-16-9. Penalties Deposited in Fund
Sec. 9. All civil penalties collected under this chapter shall be deposited in the post-1977 abandoned mine reclamation fund established by IC 14-34-6-15. [Pre-1995 Recodification Citation: 13-4.1-12-6.] As added by P.L.1-1995, SEC.27.
14-34-16-1. Civil Penalties; Violations
Sec. 1. (a) The director: (1) may, after an opportunity for a public hearing under IC 4-21.5-3, assess a civil penalty on a permittee who violates: (A) this article; or (B) IC 13-4.1 (before its repeal); and (2) shall, if the director has issued a cessation order for the violation to the permittee, assess a […]
14-34-16-2. Amount of Penalty
Sec. 2. In determining the amount of a civil penalty under section 1 of this chapter, the director shall consider the following: (1) The permittee’s history of previous violations at the surface coal mining and reclamation operation. (2) The seriousness of the violation, including any irreparable harm to the environment and hazard to the health […]
14-34-16-3. Each Day Considered Separate Violation
Sec. 3. Each day in violation of: (1) IC 13-4.1 (before its repeal); or (2) this article; may be considered a separate violation for purposes of assessing a civil penalty. [Pre-1995 Recodification Citation: 13-4.1-12-1(c).] As added by P.L.1-1995, SEC.27.