2012 Indiana Code
TITLE 14. NATURAL AND CULTURAL RESOURCES
ARTICLE 25.5. ENFORCEMENT ACTIONS BY THE DIVISION OF WATER
CHAPTER 4. PENALTIES

IC 14-25.5-4
Chapter 4. Penalties

IC 14-25.5-4-1
Revocation of permit; causes
Sec. 1. The department may revoke a permit issued under an article to which this article applies if the department finds any of the following:
(1) The permit was issued through fraud or misrepresentation.
(2) The person to whom the permit was issued has violated an article to which this article applies or has violated a rule adopted under an article to which this article applies.
(3) The information or conditions upon which a permit was issued have substantially changed since the permit was issued.
(4) The person to whom the permit was issued has received a notice of violation under this article and has failed to do at least one (1) of the following:
(A) Mitigate the violation within the time limit set forth within the notice.
(B) Secure from the division in writing an extension of time within which to mitigate the violation before the expiration of the time established for mitigation.
(C) Request a proceeding under IC 4-21.5-3-6 within:
(i) thirty (30) days after receipt of the notice; or
(ii) the time provided by the division for mitigation;
whichever is longer.
As added by P.L.145-2002, SEC.3.

IC 14-25.5-4-2
Revoked permit; mitigation of violation
Sec. 2. (a) If a permit is revoked under this chapter, the department may do either or both of the following:
(1) Order the person to mitigate the violation.
(2) Mitigate the violation.
(b) The revocation of a permit under this chapter does not relieve the person to whom the permit relates of the responsibilities imposed by this article.
(c) If the department elects to mitigate under subsection (a)(2), the person to whom the permit relates remains liable for the costs of mitigating the violation.
As added by P.L.145-2002, SEC.3.

IC 14-25.5-4-3
Civil penalties
Sec. 3. (a) The department may assess a civil penalty of not more than ten thousand dollars ($10,000) for a violation of an article to which this article applies or a violation of a rule adopted under an article to which this article applies.
(b) Each day during which a violation continues may be considered a separate violation for purposes of assessing a civil

penalty.
(c) The department may bring a civil action under section 5 of this chapter to recover a penalty under this section and to enjoin a person from continuing a violation.
As added by P.L.145-2002, SEC.3.

IC 14-25.5-4-4
Applicability of adjudicative proceedings to civil penalties
Sec. 4. A civil penalty assessed under section 3 of this chapter is subject to IC 4-21.5-3-6 and becomes effective without a proceeding under IC 4-21.5-3 unless a person requests an administrative review within thirty (30) days after receipt of the notice of assessment.
As added by P.L.145-2002, SEC.3.

IC 14-25.5-4-5
Actions by attorney general
Sec. 5. The division director may request the attorney general to institute an action in an appropriate court for the following:
(1) The recovery of civil penalties owed under this chapter.
(2) To restrain a person from commencing to violate or continuing to violate any of the following:
(A) An article to which this article applies or a rule adopted under an article to which this article applies.
(B) An order of the department.
As added by P.L.145-2002, SEC.3.

IC 14-25.5-4-6
Violation as Class B infraction
Sec. 6. Except as provided in IC 14-26-7-8, IC 14-27-6-52, IC 14-29-1-3, IC 14-29-7-25, and IC 14-29-8-5, a person who knowingly violates an article enforced under this article commits a Class B infraction. Each day a violation occurs is a separate infraction.
As added by P.L.145-2002, SEC.3. Amended by P.L.71-2004, SEC.3.