 |
Indiana Administrative Code (Last Updated: December 20, 2016) |
 |
Title 355. STATE CHEMIST OF THE STATE OF INDIANA |
|
Article 355IAC9. FERTILIZER CIVIL PENALTY SCHEDULE |
|
Rule 355IAC9-3. Civil Penalty Schedule |
Section 355IAC9-3-1. Schedule
-
The schedule of civil penalties for violations of IC 15-16-2, the Indiana commercial fertilizers law, and the rules adopted under this law are as follows:
(1) Each penalty for each violation, if the violation is of a continuing nature, shall not be imposed for more than one hundred eighty (180) days when assessed on a per day basis.
(2) Each penalty for each violation, if the violation is of an identical repetitive nature, shall not be imposed for more than one hundred eighty (180) incidents when assessed on a per incident basis.
Legal Citation
General Description of Violation
Violation Number
Violation Assessment
1
2
3 and subsequent
355 IAC 2-3-1 and 355 IAC 2-3-4
Store a fertilizer in a bulk container made of improper design or materials.
$100
$200
$300
Per incident
Operate storage containers or appurtenances with an improper design.
$100
$200
$300
Per incident
Store a fertilizer in an underground bulk container.
$250
$500
$1,000
Per day
Abandon a bulk storage container improperly.
$250
$500
$1,000
Per incident
Fail to anchor bulk storage containers properly.
$100
$250
$500
Per incident
Fail to provide bulk container security.
$100
$250
$500
Per incident
Fill bulk container beyond intended capacity.
$100
$200
$300
Per incident
Fail to support or contain appurtenances.
$50
$50
$50
Per day
Fail to provide a liquid level device or secure liquid level gauge.
$50
$100
$150
Per incident
Fail to properly label bulk container.
$25
$50
$100
Per incident
Fail to maintain bulk container or appurtenance.
$100
$200
$300
Per day
Fail to carry out operational area activities within contained area.
$250
$500
$1,000
Per incident
Operate operational area containment with improper design, construction, or capacity.
$100
$200
$300
Per day
Operate operational area with a relief outlet, valve, or improper pump.
$100
$200
$300
Per day
Fail to remove liquids promptly from operational area containment.
$100
$200
$300
Per incident
Fail to protect storage containers and appurtenances from damage by vehicles.
$100
$200
$300
Per incident
Fail to maintain operational area containment.
$100
$200
$300
Per day
Store a bulk container outside of secondary containment.
$250
$500
$1,000
Per day
Fail to separate fertilizer secondary containment from other materials.
$100
$200
$300
Per day
355 IAC 2-5-1(c) and 355 IAC 2-5-12.5(b)
Fail to maintain required capacity for secondary containment.
$100
$200
$300
Per day
Operate secondary containment with tile drainage within or under the containment.
$100
$200
$300
Per day
Operate secondary containment with improperly constructed or sealed walls.
$100
$200
$300
Per day
355 IAC 2-5-3, 355 IAC 2-5-4, 355 IAC 2-5-5, 355 IAC 2-5-6, or 355 IAC 2-5-7
Operate secondary containment with improperly constructed or sealed base.
$100
$200
$300
Per day
Operate an improperly designed, constructed, or maintained elephant ring.
$100
$200
$300
Per day
Operate secondary containment with a relief outlet, valve, or improper pump.
$100
$200
$300
Per day
Fail to maintain secondary containment.
$100
$200
$300
Per day
Fail to maintain secondary containment free of debris and foreign matter.
$25
$50
$100
Per day
Store dry bulk fertilizer in an unsound manner.
$250
$500
$1,000
Per day
Fail to provide a dry fertilizer operations pad.
$250
$500
$1,000
Per incident
Fail to notify the state chemist annually of the bulk storage facility location and status.
$50
$100
$150
Per year
IC 15-16-2-46
Sell, use, or remove without permission a product placed under a stop sale, use, or removal order.
$250*
$500*
$1,000*
Per incident
355 IAC 7-3-1 and 355 IAC 7-3-2
Use fertilizer material without certification.
$100
$200
$300
Per day
Engage in business for hire without a business license.
$250
$500
$1,000
Per day
Distribute fertilizer material without a business license.
$250
$500
$1,000
Per day
Distribute fertilizer material to an unlicensed user.
$100
$200
$300
Per incident
Fail to train employees.
$100
$200
$300
Per incident
Supervise more than 10 employees.
$100
$100
$100
Per day and per person
Fail to properly supervise employee.
$125
$250
$500
Per day
IC 15-16-2-43 and 355 IAC 7-4-4
Use fraud in applying for license, permit, or registration.
$250
$500
$1,000
Per incident
355 IAC 8-3-1(1) and 355 IAC 8-3-1(2)
Fail to develop or follow a fertilizer application plan.
$100
$250
$500
Per incident
Apply fertilizer material directly to surface water.
$100
$250
$500
Per incident
Apply fertilizer material to saturated ground.
$100
$250
$500
Per incident
Apply fertilizer material from a public road.
$100*
$250*
$500*
Per incident
Fail to follow proper unmanipulated organic fertilizer application setback or incorporation requirements.
$250
$500
$1,000
Per incident
Improper application of unmanipulated organic fertilizer to highly erodible land.
$250
$500
$1,000
Per incident
Improper application of unmanipulated organic fertilizer to frozen or snow covered ground.
$250
$500
$1,000
Per incident
Fail to properly monitor organic fertilizer application.
$100
$250
$500
Per day
Fail to properly stage inorganic fertilizer.
$250
$500
$1,000
Per incident and per day
Fail to properly stage organic fertilizer.
$250
$500
$1,000
Per incident and per day
Fail to keep proper distribution records.
$25
$50
$75
Per day
Fail to keep proper application records.
$25
$50
$75
Per day
Fail to make records available.
$100*
$250*
$500*
Per incident
355 IAC 8-5-1 and 355 IAC 8-5-2
Make false records
$250*
$500*
$1,000*
Per incident
*This penalty shall not be subject to the potential for mitigation listed in section 3 of this rule. (State Chemist of the State of Indiana; 355 IAC 9-3-1; filed May 7, 2010, 9:48 a.m.: 20100602-IR-355090797FRA; filed Mar 9, 2011, 12:05 p.m.: 20110406-IR-355100627FRA; filed Oct 11, 2012, 1:01 p.m.: 20121107-IR-355120203FRA; readopted filed Oct 6, 2016, 8:56 a.m.: 20161102-IR-355160128RFA)