2014 Indiana Code TITLE 16. HEALTH ARTICLE 41. PUBLIC HEALTH MEASURES FOR THE PREVENTION AND CONTROL OF DISEASE CHAPTER 35. RADIATION: RADIATION CONTROL
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IC 16-41-35
Chapter 35. Radiation: Radiation Control
IC 16-41-35-1 Version a
Public policy
Note: This version of section effective until 1-1-2015. See also
following version of this section, effective 1-1-2015.
Sec. 1. Whereas radiation may improve the health, welfare, and
productivity of the public if properly utilized but may impair the
health of the public and the industrial and agricultural potentials of
Indiana if improperly utilized, it is declared to be the public policy
of Indiana to encourage the constructive uses of radiation and to
control harmful effects of radiation.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-1 Version b
Public policy
Note: This version of section effective 1-1-2015. See also
preceding version of this section, effective until 1-1-2015.
Sec. 1. Whereas radiation may improve the health, welfare, and
productivity of the public if properly utilized but may impair the
health of the public if improperly utilized, it is declared to be the
public policy of Indiana to encourage the constructive medical uses
of radiation and to control harmful effects of radiation.
As added by P.L.2-1993, SEC.24. Amended by P.L.29-2014, SEC.11.
IC 16-41-35-2
Repealed
(Repealed by P.L.113-2010, SEC.170.)
IC 16-41-35-3 Version a
Atomic energy
Note: This version of section effective until 1-1-2015. See also
following repeal of this section, effective 1-1-2015.
Sec. 3. As used in this chapter, "atomic energy" means all forms
of energy released in the course of nuclear fission or nuclear
transformation.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-3 Version b
Repealed
(Repealed by P.L.29-2014, SEC.12.)
Note: This repeal of section effective 1-1-2015. See also
preceding version of this section, effective until 1-1-2015.
IC 16-41-35-4 Version a
Byproduct material
Note: This version of section effective until 1-1-2015. See also
following repeal of this section, effective 1-1-2015.
Sec. 4. As used in this chapter, "byproduct material" means any
radioactive material, except special nuclear materials, yielded in or
made radioactive by exposure to the radiation incident to the process
of producing or utilizing special nuclear materials.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-4 Version b
Repealed
(Repealed by P.L.29-2014, SEC.13.)
Note: This repeal of section effective 1-1-2015. See also
preceding version of this section, effective until 1-1-2015.
IC 16-41-35-5
Electronic products
Sec. 5. As used in the chapter, "electronic products" means a
manufactured product or device or a component part of a product or
device that has an electronic circuit that can generate or emit a
physical field of radiation.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-6 Version a
General license
Note: This version of section effective until 1-1-2015. See also
following repeal of this section, effective 1-1-2015.
Sec. 6. As used in this chapter, "general license" means a license
effective under rules promulgated by the state department without
filing an application to transfer, acquire, own, possess, or use
quantities of or devices or equipment utilizing byproduct, source,
special nuclear materials, or other radioactive material occurring
naturally or produced artificially.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-6 Version b
Repealed
(Repealed by P.L.29-2014, SEC.14.)
Note: This repeal of section effective 1-1-2015. See also
preceding version of this section, effective until 1-1-2015.
IC 16-41-35-7 Version a
Production facility
Note: This version of section effective until 1-1-2015. See also
following repeal of this section, effective 1-1-2015.
Sec. 7. As used in this chapter, "production facility" means:
(1) any equipment or device capable of producing special
nuclear material in a quantity significant to the common defense
and security or in a manner that affects the health and safety of
the public; or
(2) any important component part especially designed for that
equipment or device.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-7 Version b
Repealed
(Repealed by P.L.29-2014, SEC.15.)
Note: This repeal of section effective 1-1-2015. See also
preceding version of this section, effective until 1-1-2015.
IC 16-41-35-8
Radiation
Sec. 8. As used in this chapter, "radiation" means the following:
(1) Ionizing radiation, including gamma rays, x-rays, alpha
particles, beta particles, and other atomic or nuclear particles or
rays.
(2) Electromagnetic radiation generated during the operation of
electronic products.
(3) Sonic, ultrasonic, or infrasonic waves that are emitted from
an electronic product as a result of the operation of an
electronic circuit in that product that may produce a hazard to
health.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-9
Radiation machine
Sec. 9. As used in this chapter, "radiation machine" is any
equipment or device that produces ionizing radiation when the
associated control devices are operated.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-10
Radioactive material
Sec. 10. As used in this chapter, "radioactive material" is any
solid, liquid, or gas material that emits radiation spontaneously.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-11 Version a
Source material
Note: This version of section effective until 1-1-2015. See also
following repeal of this section, effective 1-1-2015.
Sec. 11. As used in this chapter, "source material" means:
(1) uranium, thorium, or any other material that the state
department declares to be source material after the United
States Nuclear Regulatory Commission has determined the
material to be source material; or
(2) ores containing at least one (1) of the materials described in
subdivision (1) in the concentration that the state department
declares to be source material after the United States Nuclear
Regulatory Commission has determined the material in that
concentration to be source material.
As added by P.L.2-1993, SEC.24. Amended by P.L.144-1996, SEC.9.
IC 16-41-35-11 Version b
Repealed
(Repealed by P.L.29-2014, SEC.16.)
Note: This repeal of section effective 1-1-2015. See also
preceding version of this section, effective until 1-1-2015.
IC 16-41-35-12 Version a
Special nuclear material
Note: This version of section effective until 1-1-2015. See also
following repeal of this section, effective 1-1-2015.
Sec. 12. As used in this chapter, "special nuclear material" means:
(1) plutonium, uranium enriched in the isotope 233 or in the
isotope 235, and any other material that the state department
declares to be special nuclear material after the United States
Nuclear Regulatory Commission has determined the material to
be special nuclear material; or
(2) any material artificially enriched by any of the material
described in subdivision (1).
As added by P.L.2-1993, SEC.24. Amended by P.L.144-1996,
SEC.10.
IC 16-41-35-12 Version b
Repealed
(Repealed by P.L.29-2014, SEC.17.)
Note: This repeal of section effective 1-1-2015. See also
preceding version of this section, effective until 1-1-2015.
IC 16-41-35-13 Version a
Specific license
Note: This version of section effective until 1-1-2015. See also
following repeal of this section, effective 1-1-2015.
Sec. 13. As used in this chapter, "specific license" means a license
issued after application to use, manufacture, produce, transfer,
receive, acquire, own, or possess quantities of or devices or
equipment utilizing byproduct, source, special nuclear materials, or
other radioactive material occurring naturally or produced
artificially.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-13 Version b
Repealed
(Repealed by P.L.29-2014, SEC.18.)
Note: This repeal of section effective 1-1-2015. See also
preceding version of this section, effective until 1-1-2015.
IC 16-41-35-14
Unnecessary radiation
Sec. 14. As used in this chapter, "unnecessary radiation" means
the use of radiation in a manner that is injurious or dangerous to
health, life, or property.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-15 Version a
Utilization facility
Note: This version of section effective until 1-1-2015. See also
following repeal of this section, effective 1-1-2015.
Sec. 15. As used in this chapter, "utilization facility" means:
(1) any equipment or device, except an atomic weapon, capable
of making use of special nuclear materials in a quantity
significant to the common defense and security, or in a manner
that affects the health and safety of the public, or peculiarly
adapted for making use of atomic energy in a quantity
significant to the common defense and security, or in a manner
that affects the health and safety of the public; or
(2) any important component part especially designed for such
equipment or device.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-15 Version b
Repealed
(Repealed by P.L.29-2014, SEC.19.)
Note: This repeal of section effective 1-1-2015. See also
preceding version of this section, effective until 1-1-2015.
IC 16-41-35-16
Repealed
(Repealed by P.L.113-2010, SEC.170.)
IC 16-41-35-17
Repealed
(Repealed by P.L.113-2010, SEC.170.)
IC 16-41-35-18
Repealed
(Repealed by P.L.113-2010, SEC.170.)
IC 16-41-35-19
Repealed
(Repealed by P.L.113-2010, SEC.170.)
IC 16-41-35-20
Repealed
(Repealed by P.L.113-2010, SEC.170.)
IC 16-41-35-21
Repealed
(Repealed by P.L.113-2010, SEC.170.)
IC 16-41-35-22
Repealed
(Repealed by P.L.113-2010, SEC.170.)
IC 16-41-35-23
Repealed
(Repealed by P.L.113-2010, SEC.170.)
IC 16-41-35-24
Repealed
(Repealed by P.L.113-2010, SEC.170.)
IC 16-41-35-25
Inspections and investigations; assistance
Sec. 25. The state department or the state department's agent may
enter at all reasonable times any private or public property for the
purpose of inspecting and investigating conditions relating to
radiation control. The state department may call upon any state
officer, employee, board, department, school, university, or other
state institution to receive any assistance considered necessary to
carry out this chapter.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-26 Version a
Licenses; registration
Note: This version of section effective until 1-1-2015. See also
following version of this section, effective 1-1-2015.
Sec. 26. (a) The state department shall issue general or specific
licenses for at least one (1) of the following:
(1) Byproduct material.
(2) Source material.
(3) Special nuclear material.
(4) Other radioactive materials occurring naturally or produced
artificially.
(5) Devices or equipment utilizing this material.
(b) A license shall be issued only when the state department finds
that the items described under subsection (a) may produce radiation
sufficient to result in hazard or injury to health, life, or property.
(c) The state department shall adopt rules under this chapter
providing for granting, suspending, revoking, or amending licenses.
No licensing of materials, devices, or equipment now under the
jurisdiction of the United States Nuclear Regulatory Commission
shall be made effective before the effective date of an agreement that
discontinues the federal government's regulation of sources of
radiation involved, as provided in section 27(c) of this chapter.
(d) A person who is not required to have a general or specific
license may not produce radiation or produce, use, store, sell, or
otherwise dispose of radioactive materials, radiation machines, or
electronic products, unless the person registers in writing with the
state department, giving the pertinent information the state
department requires, in accordance with the procedures prescribed
by the state department.
As added by P.L.2-1993, SEC.24. Amended by P.L.144-1996,
SEC.11.
IC 16-41-35-26 Version b
Registration of person that produces radiation or uses or disposes
of radiation machines
Note: This version of section effective 1-1-2015. See also
preceding version of this section, effective until 1-1-2015.
Sec. 26. A person may not produce radiation or produce, use,
store, sell, or otherwise dispose of radiation machines or electronic
products, unless the person registers in writing with the state
department, giving the pertinent information the state department
requires, in accordance with the procedures prescribed by the state
department.
As added by P.L.2-1993, SEC.24. Amended by P.L.144-1996,
SEC.11; P.L.29-2014, SEC.20.
IC 16-41-35-27 Version a
Registration and license expiration; fees; tax warrant list
Note: This version of section effective until 1-1-2015. See also
following repeal of this section, effective 1-1-2015.
Sec. 27. (a) A registration under section 26(d) of this chapter is
effective until there is a change that may significantly increase the
number of sources, source strength, or output of energy of radiation
produced. A registration that includes at least one (1) source that
subsequently requires licensing under section 26(a) of this chapter
expires with respect to that particular source upon the effective date
of the license. If a change occurs, the change shall be registered with
the state department within thirty (30) days as an amendment to the
original registration, unless exempted under rules adopted under this
chapter.
(b) The state department shall specify the expiration date for a
license in the license.
(c) The governor may, on behalf of the state, enter into an
agreement with the federal government providing for discontinuance
of certain of the federal government's responsibilities with respect to
sources of radiation and the assumption of those responsibilities by
the state.
(d) A person who, on the effective date of an agreement under
subsection (c), possesses a license issued by the federal government
is considered to possess an equivalent license issued under this
chapter that expires:
(1) ninety (90) days after receipt from the state department of
a notice of expiration of the license; or
(2) on the date of expiration specified in the federal license;
whichever is earlier.
(e) The term of a license issued under this section by the state
department is twenty-four (24) months.
(f) The license fee for a new or renewal license is two hundred
fifty dollars ($250).
(g) If the department of state revenue notifies the department that
a person is on the most recent tax warrant list, the department shall
not issue or renew the person's license until:
(1) the person provides to the department a statement from the
department of state revenue indicating that the person's tax
warrant has been satisfied; or
(2) the department receives a notice from the commissioner of
the department of state revenue under IC 6-8.1-8-2(k).
As added by P.L.2-1993, SEC.24. Amended by P.L.172-2011,
SEC.119.
IC 16-41-35-27 Version b
Repealed
(Repealed by P.L.29-2014, SEC.21.)
Note: This repeal of section effective 1-1-2015. See also
preceding version of this section, effective until 1-1-2015.
IC 16-41-35-28 Version a
Production, transportation, use, and disposition rules
Note: This version of section effective until 1-1-2015. See also
following version of this section, effective 1-1-2015.
Sec. 28. (a) The state department shall adopt rules under IC 4-22-2
concerning the production, transportation, use, storage, sale, or other
disposition of radioactive material, radiation machines, or electronic
products to do the following:
(1) Prohibit and prevent unnecessary radiation.
(2) Carry out this chapter.
(b) Standards relative to unnecessary radiation included in the
rules must be in general conformance with the recommendations of
the National Council on Radiation Protection and Measurements and
performance standards promulgated by appropriate federal agencies.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-28 Version b
Production, transportation, use, and disposition rules
Note: This version of section effective 1-1-2015. See also
preceding version of this section, effective until 1-1-2015.
Sec. 28. (a) The state department shall adopt rules under IC 4-22-2
concerning the production, transportation, use, storage, sale, or other
disposition of radioactive material, radiation machines, or electronic
products used for medical purposes on human beings to do the
following:
(1) Prohibit and prevent unnecessary radiation.
(2) Carry out this chapter.
(b) Standards relative to unnecessary radiation included in the
rules must be in general conformance with the recommendations of
the National Council on Radiation Protection and Measurements
(NCRP) and performance standards promulgated by appropriate
federal agencies.
As added by P.L.2-1993, SEC.24. Amended by P.L.29-2014, SEC.22.
IC 16-41-35-29
Radiation machines; operation; licenses; inspection; penalty
Sec. 29. (a) The state department shall adopt rules under IC 4-22-2
to regulate who may operate a radiation machine and what level of
training and experience the operator must have. Rules adopted by the
state department must exempt from testing to establish initial
qualifications an individual who:
(1) holds a valid certificate issued by; and
(2) is currently registered with;
the American Registry of Radiologic Technologists.
(b) The state department may by rule exempt an individual who:
(1) is currently licensed in another state as a radiologic
technologist; or
(2) performs the function of a radiologic technologist in another
state that does not require the licensure of a radiologic
technologist;
from testing to establish initial qualifications.
(c) The state department shall issue a license to an individual
meeting the requirements of the rules adopted under subsection (a)
for a radiologic technologist upon the payment to the state
department of a sixty dollar ($60) fee and the cost of testing to
establish initial qualifications. The license is valid for twenty-four
(24) months. The state department shall establish a fee for the
renewal or duplication of a license issued under this section not to
exceed sixty dollars ($60). In addition to the renewal fee, a penalty
fee of sixty dollars ($60) shall be imposed by the state department for
processing an application for license renewal received after the
expiration of the previous license. The state department may waive
the penalty fee for a showing of good cause.
(d) An individual who applies for a license issued under
subsection (c) or who holds a license issued under subsection (c)
shall provide the individual's Social Security number to the state
department.
(e) The state department shall collect and release the applicant's
or licensee's Social Security number as provided in state or federal
law.
(f) Notwithstanding IC 4-1-10-3, the state department may allow
access to the Social Security number of each person who is licensed
under this section or has applied for a license under this section to:
(1) a testing service that provides the examination for licensure
as a radiologic technologist to the state department; or
(2) an individual state regulatory board of radiologic technology
or an organization composed of state regulatory boards of
radiologic technology for the purpose of coordinating licensure
and disciplinary activities among the individual states.
(g) Every owner of a radiation machine, including an industrial
radiation machine, shall have the machine inspected in accordance
with procedures and standards established by the state department.
The state department shall adopt rules under IC 4-22-2 establishing
the procedures and standards applicable to inspections of radiation
machines.
As added by P.L.2-1993, SEC.24. Amended by P.L.104-2003, SEC.6;
P.L.168-2003, SEC.3; P.L.157-2006, SEC.5.
IC 16-41-35-30
Mammography rules
Sec. 30. The state department shall adopt rules under IC 4-22-2
concerning screening mammographies.
As added by P.L.2-1993, SEC.24. Amended by P.L.87-1994, SEC.11.
IC 16-41-35-31
Design and shielding plans and specifications
Sec. 31. The state department may require the submission of plans
and specifications on the design and shielding for radiation sources
for the purpose of determining possible radiation hazards.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-32
Radiation hazard and protection knowledge acquisition and
dissemination
Sec. 32. The state department shall provide facilities and
personnel for inspection, investigation, and dissemination of
knowledge concerning radiation hazards and protection.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-33 Version a
Application of chapter
Note: This version of section effective until 1-1-2015. See also
following version of this section, effective 1-1-2015.
Sec. 33. A person may not produce radiation or produce, use,
store, sell, or otherwise dispose of radioactive materials, radiation
machines, or electronic products, except in accordance with this
chapter and rules adopted under this chapter.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-33 Version b
Prohibition against nonconforming production, use, storage, sale,
or disposal
Note: This version of section effective 1-1-2015. See also
preceding version of this section, effective until 1-1-2015.
Sec. 33. A person may not produce radiation or produce, use,
store, sell, or otherwise dispose of radioactive materials, radiation
machines, or electronic products, except in accordance with this
chapter and rules adopted under this chapter or IC 10-19.
As added by P.L.2-1993, SEC.24. Amended by P.L.29-2014, SEC.23.
IC 16-41-35-34
Footwear fitting devices using radiation prohibited
Sec. 34. A person may not operate or maintain in Indiana a fitting
device or machine that uses fluoroscopic, x-ray, or radiation
principles for the purpose of fitting or selling footwear through
commercial outlets.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-35
Authorized exposure to radiation
Sec. 35. This chapter does not limit intentional exposure of
persons to radiation for the purpose of diagnosis, therapy, and
medical or dental research as authorized by law.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-36
Cooperation of state health department with other entities;
acceptance and administration of funds
Sec. 36. The state department shall advise, consult, and cooperate
with other state agencies, the federal government, other states,
interstate agencies, and affected groups, political subdivisions, and
industries in furtherance of the purposes of this chapter. The state
department may accept and administer grants or other funds or gifts
from the federal government and from other sources, public or
private, for carrying out functions under this chapter.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-37
Approval of local ordinances and resolutions
Sec. 37. An ordinance or a resolution concerning unnecessary
radiation adopted by a municipality, county, or local board of health
is not effective until a certified copy of the ordinance or a resolution
has been submitted to the state department and approved by the state
health commissioner. An ordinance or a resolution may not be
approved unless the ordinance or resolution is consistent with this
chapter or a rule adopted under this chapter.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-38
Application of laws
Sec. 38. The powers, duties, and functions of the state department
under this chapter do not affect the powers, duties, and functions of
the state department or the environmental rules board under any
other law.
As added by P.L.2-1993, SEC.24. Amended by P.L.113-2014,
SEC.110.
IC 16-41-35-39 Version a
Transportation of nuclear waste
Note: This version of section effective until 1-1-2015. See also
following repeal of this section, effective 1-1-2015.
Sec. 39. (a) Upon receiving advance notification, under 10 CFR
71.5a and 71.5b, of the transport of any nuclear waste to, through, or
across the boundary of Indiana:
(1) the governor; or
(2) the governor's designee for the transport of nuclear waste;
shall provide to the sheriff of each county through which the nuclear
waste is to be transported the notification required by subsection (b).
(b) The notification provided to each sheriff must include the
following information from the notification given to the governor or
the governor's designee if the information has been made available
to the governor or the governor's designee:
(1) The name, address, and telephone number of the shipper,
carrier, and receiver of the nuclear waste shipment.
(2) A description of the nuclear waste contained in the
shipment.
(3) The point of origin of the shipment and the seven (7) day
period during which departure of the shipment is estimated to
occur.
(4) The seven (7) day period during which arrival of the
shipment at state boundaries is estimated to occur.
(5) The destination of the shipment and the seven (7) day period
during which arrival of the shipment is estimated to occur.
(6) A point of contact with a telephone number for current
shipment information.
(7) Information regarding necessary safety steps to be taken if
an accident occurs during shipment of the nuclear waste.
(c) The notification prescribed by subsection (b) must be given in
writing delivered by first class mail or by a faster means of delivery
to the sheriff of each county through which the shipment of nuclear
waste is to pass within twenty-four (24) hours after the governor or
the governor's designee receives advance notification of the shipment
under 10 CFR 71.5a and 71.5b.
(d) If the governor or the governor's designee is notified under 10
CFR 71.5a and 71.5b that the schedule for a shipment of nuclear
waste will not be met or that a shipment of nuclear waste has been
canceled, the governor or the governor's designee shall notify each
sheriff previously notified about the shipment as to the delay or
cancellation. The notification given by the governor or the governor's
designee under this subsection must be provided under the same
requirements prescribed in subsection (c) for the initial notification
of sheriffs.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-39 Version b
Repealed
(Repealed by P.L.29-2014, SEC.24.)
Note: This repeal of section effective 1-1-2015. See also
preceding version of this section, effective until 1-1-2015.
IC 16-41-35-40 Version a
Violations
Note: This version of section effective until 1-1-2015. See also
following version of this section, effective 1-1-2015.
Sec. 40. A person who:
(1) produces radiation; or
(2) produces, uses, stores, sells, or otherwise disposes of
radioactive materials, radiation machines, or electronic
products;
in violation of this chapter commits a Class B misdemeanor. Each
day a violation continues, after notification in writing of the offense
by the state department, constitutes a separate offense.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-40 Version b
Violations
Note: This version of section effective 1-1-2015. See also
preceding version of this section, effective until 1-1-2015.
Sec. 40. A person who:
(1) produces radiation; or
(2) produces, uses, stores, sells, or otherwise disposes of
radiation machines or electronic products;
in violation of this chapter commits a Class B misdemeanor. Each
day a violation continues, after notification in writing of the offense
by the state department, constitutes a separate offense.
As added by P.L.2-1993, SEC.24. Amended by P.L.29-2014, SEC.25.
IC 16-41-35-41
Enforcement
Sec. 41. The state department may bring an action at law or in
equity to enforce this chapter, and the court in the action has
jurisdiction to compel or enforce this chapter by injunction. The
action shall be brought in the name of the state.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-42 Version a
Civil penalties and orders of compliance
Note: This version of section effective until 1-1-2015. See also
following version of this section, effective 1-1-2015.
Sec. 42. (a) In addition to other penalties provided under this
chapter, the state department shall adopt rules under IC 4-22-2 that
establish a schedule of civil penalties that may be levied upon a
person for the violation of this chapter.
(b) A penalty included in the schedule of civil penalties adopted
under this chapter may not exceed one thousand dollars ($1,000) for
each violation per day.
(c) The state department may issue an order of compliance,
impose a civil penalty included in the schedule of civil penalties
adopted under subsection (a), or both, against a person who:
(1) fails to comply with this section or a rule adopted under this
section; or
(2) interferes with or obstructs the state department or the
department's designated agent in the performance of duties
under this section.
(d) An order of compliance may be issued under IC 4-21.5-3-6,
IC 4-21.5-3-8, or IC 4-21.5-4. A civil penalty may be imposed only
in a proceeding under IC 4-21.5-3-8.
(e) A proceeding commenced to impose a civil penalty may be
consolidated with any other proceeding commenced to enforce this
chapter or a rule adopted under this chapter.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-42 Version b
Civil penalties and orders of compliance
Note: This version of section effective 1-1-2015. See also
preceding version of this section, effective until 1-1-2015.
Sec. 42. (a) In addition to other penalties provided under this
chapter, the state department shall adopt rules under IC 4-22-2 that
establish a schedule of civil penalties that may be levied upon a
person for the violation of this chapter.
(b) A penalty included in the schedule of civil penalties adopted
under this chapter may not exceed one thousand dollars ($1,000) for
each violation per day.
(c) The state department may issue an order of compliance,
impose a civil penalty included in the schedule of civil penalties
adopted under subsection (a), or both, against a person who:
(1) fails to comply with this chapter or a rule adopted under this
chapter; or
(2) interferes with or obstructs the state department or the
department's designated agent in the performance of duties
under this chapter.
(d) An order of compliance may be issued under IC 4-21.5-3-6,
IC 4-21.5-3-8, or IC 4-21.5-4. A civil penalty may be imposed only
in a proceeding under IC 4-21.5-3-8.
(e) A proceeding commenced to impose a civil penalty may be
consolidated with any other proceeding commenced to enforce this
chapter or a rule adopted under this chapter.
As added by P.L.2-1993, SEC.24. Amended by P.L.29-2014, SEC.26.
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