Section 312IAC25-7-13. Civil penalties; when assessed

   (a) The director shall assess a penalty for a violation that leads to the issuance of a cessation order.

  (b) The director shall assess a penalty for each notice of violation, if the violation is assigned thirty-one (31) points or more under the point system described in section 15 of this rule.

  (c) The director may assess a penalty for each notice of violation assigned thirty (30) points or less under the point system described in section 15 of this rule. In determining whether to assess a penalty, the director shall consider the factors listed in section 14 of this rule.

  (d) The director shall assess a penalty of five thousand dollars ($5,000) for each day a person conducts a surface coal mining operation for which no permit has been approved by the director. Provided, however, where a permit has been approved by the director but surface coal mining operations are conducted beyond the permit boundary, or in portions of the permit area as to which permit conditions remain to be satisfied, the penalty shall be determined as provided in subsections (a) through (c). (Natural Resources Commission; 312 IAC 25-7-13; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3597, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFA)