Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
IC 13-23-14
     Chapter 14. Enforcement and Penalties

IC 13-23-14-1
Enforcement of chapter; penalties
    
Sec. 1. (a) Except as provided in IC 13-23-1-4, this article shall be enforced under IC 13-30-3.
    (b) Except as provided in sections 2, 3, and 4 of this chapter, violations of this article are subject to the penalties imposed by the following:
        (1) IC 13-30-4.
        (2) IC 13-30-5.
        (3) IC 13-30-8.
In addition, a violation of this article may lead to criminal prosecution under IC 13-30-10.
As added by P.L.1-1996, SEC.13. Amended by P.L.137-2007, SEC.28; P.L.38-2012, SEC.6.

IC 13-23-14-2
Failure to notify; false information
    
Sec. 2. A person who violates a rule adopted under IC 13-23-1-2 by:
        (1) knowingly failing to give a required notification; or
        (2) submitting false information;
is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each underground storage tank for which a required notification is not given or for which false information is submitted.
As added by P.L.1-1996, SEC.13.

IC 13-23-14-3
Violation of requirements, standards, or rules of underground storage tank program; exceptions
    
Sec. 3. (a) Except as provided in subsection (b), a person who violates:
        (1) a requirement or standard set forth in this article; or
        (2) a rule adopted under IC 13-23-1-2 other than a violation described in section 2 of this chapter;
is subject to a civil penalty of not more than ten thousand dollars ($10,000) per underground storage tank for each day of violation.
    (b) A person is not subject to the civil penalty described in subsection (a) if:
        (1) the violation arose from an underground storage tank that is on a brownfield;
        (2) the person was not the owner or operator of the underground storage tank when the violation first occurred;
        (3) the person does not dispense a regulated substance into or from the underground tank:
            (A) for any purpose other than temporary or permanent closure; or
            (B) in violation of any federal, state, or local regulations;

and
        (4) the underground storage tank is brought into compliance with this article not later than one (1) year after the person acquired ownership of the property.
As added by P.L.1-1996, SEC.13. Amended by P.L.122-1999, SEC.2 and P.L.119-1999, SEC.14.

IC 13-23-14-4
Noncompliance with orders
    
Sec. 4. (a) A person who fails to comply with an order issued by the commissioner under this article or IC 13-7-20 (before its repeal) after the order becomes effective is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each day of continued noncompliance.
    (b) It is a defense to a violation of this section due to noncompliance with an order issued under IC 13-23-1-4 that the person has not been notified that an underground storage tank that is the subject of the order is ineligible for delivery, deposit, or acceptance of a regulated substance as determined by the commissioner.
As added by P.L.1-1996, SEC.13. Amended by P.L.38-2012, SEC.7.