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Indiana Administrative Code (Last Updated: December 20, 2016) |
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Title 357. INDIANA PESTICIDE REVIEW BOARD |
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Article 357IAC1. DEFINITION; USE OF PESTICIDES |
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Rule 357IAC1-6. Civil Penalty Assessment Schedule |
Section 357IAC1-6-2. Schedule
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(a) The schedule of civil penalties for violations of IC 15-16-4 and IC 15-16-5, and the rules adopted under these laws is as follows:
Legal Citation
General Description of Violation
Violation Number
Violation Assessment
1
2
3 and subsequent
IC 15-16-4-57(1) or IC 15-16-4-66(1)
Produce, distribute, display, sell, offer for sale, or transport a nonregistered pesticide product.
$250
$500
$1,000
Per product and per year
IC 15-16-4-57(2)
Produce, distribute, display, sell, offer for sale, or transport a pesticide product with labeling claims or directions for use different from that registered.
$100
$200
$300
Per product and per year
IC 15-16-4-57(3)
Produce, distribute, display, sell, offer for sale, or transport a pesticide product with composition different from that registered.
$250
$500
$1,000
Per product and per year
IC 15-16-4-57(4)
Produce, distribute, display, sell, offer for sale, or transport a pesticide product with incomplete or illegible label or in a container other than manufacturer's immediate, unbroken, and approved or authorized container.
$250
$500
$1,000
Per product and per incident
IC 15-16-4-57(5), IC 15-16-4-66(2), or IC 15-16-4-66(3)
Produce, distribute, display, sell, offer for sale, or transport an adulterated or misbranded pesticide product.
$250
$500
$1,000
Per product and per year
IC 15-16-4-57(6) or IC 15-16-4-57(9)
Produce, distribute, display, sell, offer for sale, or transport a pesticide product in a container not in compliance with rules adopted by the board or regulations adopted under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.)
$250
$500
$1,000
Per product, per incident, and per year
IC 15-16-4-57(7) or IC 15-16-4-59(5)
Distribute a highly volatile herbicide except on written permission by the state chemist.
$250
$500
$1,000
Per product and per incident
IC 15-16-4-57(8)
Produce, distribute, display, sell, offer for sale, transport, or store a bulk pesticide without a fully compliant label affixed to the container.
$100
$200
$300
Per product and per incident
IC 15-16-4-57(9)
Produce, distribute, sell, offer for sale, or transport a pesticide that violates the Federal Insecticide, Fungicide, and Rodenticide Act (U.S.C. 136 et seq.) or regulations adopted under the Act.
$250
$500
$1,000
Per product and per incident
IC 15-16-4-59(1)
Detach, alter, deface, or destroy a pesticide product label or labeling.
$250
$500
$1,000
Per product and per incident
IC 15-16-4-59(2)
Add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of IC 15-16-4 or IC 15-16-5.
$250
$500
$1,000
Per product and per incident
IC 15-16-4-59(4)
Use or cause to be used a pesticide contrary to the rules adopted by the board.
$250
$500
$1,000
Per product and per incident
IC 15-16-4-59(6) or IC 15-16-5-65(6)
Neglect, or after notice, refuse to comply with IC 15-16-4, IC 15-16-5, the rules adopted under these chapters, or any lawful order of the state chemist or board.
$250
$500
$1,000
Per product and per incident
IC 15-16-4-67 or IC 15-16-5-64
Produce, handle, transport, store, display, dispose, or distribute a pesticide product or pesticide product container in a manner that may endanger or cause injury to humans, beneficial vegetation, crops, livestock, wildlife, beneficial insects, the environment, food, feed, or other associated products.
$250
$500
$1,000
Per incident
IC 15-16-4-68
Dispose of, discard, or store a pesticide product or pesticide container in a manner that may cause injury to humans, plants, animals, wildlife, lands, or waters.
$250
$500
$1,000
Per incident
IC 15-16-4-73(c)
Sell, use, or remove without written permission from the state chemist or by a court order a pesticide product placed under a stop sale, use, or removal order by the state chemist.
$250*
$500*
$1,000*
Per incident
IC 15-16-4-77 or IC 15-16-5-65(19)
Recklessly, knowingly, or intentionally impede or prevent the state chemist or the state chemist's agent in the performance of the state chemist's duty in connection with IC 15-16-4 or IC 15-16-5.
$250*
$500*
$1,000*
Per incident
IC 15-16-5-65(1)
Make a false or fraudulent claim either verbally or through any media misrepresenting the effect of a pesticide product or a method to be used.
$250
$500
$1,000
Per incident and per day
IC 15-16-5-65(2)
Recommend, use, or supervise the use of a registered pesticide product in a manner inconsistent with its labeling, or in violation of the United States Environmental Protection Agency or Indiana state restrictions on the use of that pesticide product.
$250
$500
$1,000
Per incident and per day
IC 15-16-5-65(3)
Use a known ineffective or improper pesticide product or known ineffective amount of pesticide.
$250
$500
$1,000
Per incident
IC 15-16-5-65(4)
Operate faulty or unsafe equipment.
$250
$500
$1,000
Per incident and per day
IC 15-16-5-65(5)
Operate in a careless or negligent manner.
$250
$500
$1,000
Per incident and per day
IC 15-16-5-65(7)
Refuse or neglect to keep and maintain the records required by IC 15-16-5 or to make reports and supply information when required or requested by the state chemist in the course of an investigation or inspection.
$250
$500
$1,000
Per incident and per day
IC 15-16-5-65(8)
Make false or fraudulent records, invoices, or reports.
$250
$500
$1,000
Per incident and per day
IC 15-16-5-65(9)
Engage in or profess to engage in the business of using a pesticide or any other product regulated under IC 15-16-5 or by rules adopted under IC 15-16-5 or making a diagnostic inspection to determine infestations of a wood destroying pest for hire on the property of another without having a pesticide business license issued by the state chemist.
$250
$500
$1,000
Per day
IC 15-16-5-65(10)
Use a restricted use pesticide without having an applicator, who is licensed or permitted under IC 15-16-5, in direct supervision.
$250
$500
$1,000
Per incident, per day, and per person
IC 15-16-5-65(11)
Use fraud or misrepresentation in making an application for, or renewal of, a license, permit, registration, or certification.
$250
$500
$1,000
Per incident and per person
IC 15-16-5-65(12)
Refuse or neglect to comply with any limitations or restrictions on or in a duly issued license, permit, registration, or certification.
$250
$500
$1,000
Per incident and per day
IC 15-16-5-65(13)
Aid or abet a person to evade IC 15-16-5, conspire with a person to evade IC 15-16-5, or allow a license, permit, registration, or certification to be used by another person.
$250*
$500*
$1,000*
Per day
IC 15-16-5-65(14)
Make false or misleading statements during or after an inspection concerning any infestation or infection of pests.
$250
$500
$1,000
Per incident
IC 15-16-5-65(15)
Impersonate any federal, state, county, or city inspector, investigator, or official.
$250*
$500*
$1,000*
Per incident
IC 15-16-5-65(16)
Knowingly purchase or use a pesticide product that was not registered under IC 15-16-4.
$250
$500
$1,000
Per incident
IC 15-16-5-65(17)
Fail to continuously maintain financial responsibility required under IC 15-16-58 or to provide proof of financial responsibility to the state chemist when requested.
$250
$500
$1,000
Per day
IC 15-16-5-65(18)
Intentionally alter a duly issued license, permit, registration, or certification.
$250*
$500*
$1,000*
Per incident
Fail to provide on-site supervision to a noncertified individual.
$125
$250
$500
Per day
Fail to provide direct supervision.
$125
$250
$500
Per day
Fail to provide technician with label, fact sheet, safety equipment, or voice communication.
$25
$50
$100
Per day
Supervise more than 10 technicians.
$100
$100
$100
Per day and per person
Fail to have technician credential at the work site.
$25
$50
$100
Per incident
Fail to keep and maintain commercial applicator restricted use pesticide application records.
$100
$200
$300
Per day
Fail to keep and maintain private applicator restricted use pesticide application records.
$100
$100
$100
Per day
355 IAC 4-4-1 or 355 IAC 4-4-1.5
Fail to keep all required restricted use pesticide application record elements.
$25
$50
$100
Per day
Fail to register as a restricted use pesticide dealer.
$250
$500
$1,000
Per day
Fail to keep restricted use pesticide sale or distribution records.
$250
$500
$1,000
Per day
Fail to develop for hire termiticide application records.
$100
$200
$300
Per day
Fail to keep all required for hire termiticide application records.
$25
$50
$100
Per day
Fail to keep for hire termiticide application records for five years.
$100
$200
$300
Per day
Fail to provide label and application specifications to termite control technicians.
$25
$50
$100
Per incident
Fail to ensure the completed termite control customer disclosure form is issued to the customer before the application.
$250
$500
$1,000
Per incident
Fail to ensure that the state chemist is notified in advance of a preconstruction termiticide application.
$250
$500
$1,000
Per incident
Make false or fraudulent reports or misrepresent participation in the certification or registration renewal process.
$250
$500
$1,000
Per incident
Distribute a restricted use pesticide to a noncertified user.
$250*
$500*
$1,000*
Per incident
Distribute a restricted use pesticide without a dealer registration.
$250
$500
$1,000
Per incident
Fail to keep restricted use pesticide distribution records.
$100
$200
$300
Per incident
Fail to keep all required elements of restricted use pesticide distribution records.
$25
$50
$75
Per incident
Fail to place a lawn marker at the time of a commercial application for hire.
$100
$200
$300
Per incident
Fail to ensure the lawn marker meets all of the required specifications.
$50
$100
$200
Per incident
Fail to provide written customer notification containing all required notification elements.
$100
$200
$300
Per incident
Load, mix, or store a pesticide within an isolation area around a community public water supply system.
$100
$200
$300
Per incident and per day
Fail to provide proper storage or containment in wellhead area.
$100
$200
$300
Per day
Fail to properly and immediately clean up a pesticide spill within an isolation wellhead area.
$250
$500
$1,000
Per incident and per day
Use or supervise the use of a pesticide for community-wide mosquito abatement without a category 8 license.
$250
$500
$1,000
Per day
Fail to supervise a noncertified community-wide abatement applicator as required.
$250
$500
$1,000
Per day
Apply a pesticide in a manner that allows it to drift from the target site in sufficient quantity to cause harm to a nontarget site.
$250
$500
$1,000
Per incident
Cause the open burning of a pesticide container.
$250
$500
$1,000
Per incident and per product
Fail to attach the required labeling to a pesticide service container.
$250
$500
$1,000
Per incident and per product
Fail to have possession of a complete label copy during transport of a pesticide service container.
$250
$500
$1,000
Per incident and per product
Use or supervise the use of a pesticide on a golf course without having a category 3b commercial applicator license.
$250
$500
$1,000
Per day
Fail to supervise a noncertified pesticide applicator on a golf course.
$250
$500
$1,000
Per day
Fail to keep and maintain all required records of a pesticide applied on the golf course.
$250
$500
$1,000
Per day
Use or supervise the use of a pesticide at a school without the proper commercial applicator license.
$250
$500
$1,000
Per incident
Fail to supervise a noncertified pesticide applicator at a school.
$250
$500
$1,000
Per incident
Apply a pesticide at a school during normal instructional hours when school is in session.
$250
$500
$1,000
Per incident
Allow a student to enter a pesticide treatment area during the required restricted reentry period.
$250
$500
$1,000
Per incident
Store a pesticide at a school contrary to the storage requirements.
$250
$500
$1,000
Per incident
Fail to provide required pesticide notification.
$250
$500
$1,000
Per incident
Fail to keep and maintain required pesticide application at school records.
$250
$500
$1,000
Per incident
Fail to provide requested pesticide application records for inspection or copying.
$250
$500
$1,000
Per incident
355 IAC 5-2-1 or 355 IAC 5-2-4
Store a pesticide in a bulk container made of improper design or materials.
$100
$200
$300
Per incident and per day
Store a pesticide in an underground bulk container.
$250
$500
$1,000
Per incident and per day
Abandon a bulk storage container improperly.
$250
$500
$1,000
Per incident
Fail to anchor a bulk storage container to prevent flotation or instability.
$100
$200
$300
Per incident and per day
Fail to vent a bulk storage container.
$100
$100
$100
Per incident
Fail to provide bulk storage container security.
$100
$100
$100
Per day
Fill bulk storage container beyond intended capacity.
$100
$200
$300
Per incident
Fail to have proper shut-off valve on bulk storage container.
$50
$50
$50
Per day
Fail to support bulk storage container appurtenances.
$50
$50
$50
Per day
Fail to have a proper liquid level gauging device on a bulk storage container.
$50
$50
$50
Per incident
Fail to maintain a bulk storage container.
$100
$100
$100
Per day
Fail to carry out operational area activities within contained area.
$250*
$500*
$1,000*
Per incident
355 IAC 5-3-1(b) or 355 IAC 5-3-1(d)
Operate operational area containment with improper design, construction, capacity, or drainage.
$100
$200
$300
Per incident and per day
Fail to remove liquids promptly from operational area containment.
$100
$200
$300
Per day
Fail to protect storage containers and appurtenances from damage by vehicles.
$250
$500
$1,000
Per incident
Fail to maintain operational area containment.
$100
$200
$300
Per day
Store a bulk storage container outside of secondary containment.
$250*
$500*
$1,000*
Per day
Fail to separate pesticide secondary containment from other materials.
$100
$200
$300
Per day
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
Operate secondary containment with improperly constructed or sealed base.
$100
$200
$300
Per day
Operate secondary containment with a relief outlet, valve, or improper pump.
$100
$200
$300
Per day
Operate an improperly designed, constructed, or maintained elephant ring.
$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 pesticide in improper, non-elevated, uncovered, or unsecured container or manner.
$250
$500
$1,000
Per day
Fail to notify the state chemist annually of the bulk storage facility location and status.
$50
$100
$150
Per year
* This penalty shall not be subject to the potential for mitigation listed in section 5 of this rule.
(b) 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.
(c) 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. (Indiana Pesticide Review Board; 357 IAC 1-6-2; filed Jan 9, 1992, 3:00 p.m.: 15 IR 706; readopted filed Oct 29, 2001, 4:41 p.m.: 25 IR 936; filed Jan 7, 2005, 2:15 p.m.: 28 IR 1690; readopted filed Nov 18, 2011, 1:21 p.m.: 20111214-IR-357110572RFA; filed Nov 28, 2012, 2:49 p.m.: 20121226-IR-357120513FRA)