Section 312IAC16-5-21. Notice of violation; penalty

   (a) A notice of violation may be issued by an inspector, the division director, or the deputy director against any person who violates IC 14-37 or this article.

  (b) A notice of violation is subject to IC 4-21.5-3-6. The notice must be in writing and include the following:

(1) A designation that the document is a "Notice of Violation".

(2) The name of the person or persons against whom the notice is directed.

(3) The nature of the violation.

(4) What action is appropriate to abate the violation.

(5) The date by which the violation must be abated.

(6) A statement that a person who is aggrieved by the notice of violation may request administrative review within thirty (30) days of issuance from the following address:

Division of Hearings

Natural Resources Commission

Indiana Government Center-South

402 West Washington Street, Room W272

Indianapolis, Indiana 46204

  (c) The notice of violation may also set forth a civil penalty under IC 14-37-13-3. An owner or operator is liable for a civil penalty under this subsection in the following situations:

(1) Abatement of the violation is not performed by the date provided under subsection (b)(5) if no request for administrative review is filed.

(2) If a request for administrative review is filed:

(A) where a stay is issued under subsection (d) and the stay is later terminated, abatement is not performed by the date set forth in the order to terminate the stay; or

(B) where a final agency action modifies the abatement required by the notice of violation, abatement is not performed as set forth in the final agency action.

  (d) A petition for review of a notice of violation does not automatically delay the effectiveness of the terms of the notice of violation, but the review petition may include a petition for stay of effectiveness of all or a portion of the notice of violation. If a petition for stay is filed, an administrative law judge shall, as soon as practicable, conduct a preliminary hearing to determine whether the notice of violation should be stayed in whole or in part. The burden of proof in the preliminary hearing is upon the person seeking the stay. (Natural Resources Commission; 312 IAC 16-5-21; filed Feb 23, 1998, 11:30 a.m.: 21 IR 2346; readopted filed Nov 17, 2004, 11:00 a.m.: 28 IR 1315; readopted filed Mar 25, 2010, 2:57 p.m.: 20100421-IR-312100033RFA; readopted filed Sep 30, 2015, 12:13 p.m.: 20151028-IR-312150224RFA)