Indiana § 13-30-10-1.5 - Offenses involving hazardous waste management, air pollution control, or water pollution control

§ 13-30-10-1.5. Offenses involving hazardous waste management, air pollution control, or water pollution control

Sec. 1.5. (a) Except as provided in subsection (b), a person regulated under IC 13-22 who knowingly:

(1) transports hazardous waste to an unpermitted facility;

(2) treats, stores, or disposes of hazardous waste without a permit issued by the department under IC 13-22; or

(3) transports, treats, stores, disposes, recycles, or causes to be transported used oil regulated under rules adopted by the board without a manifest or in violation of the standards established by the department for the management of used oil;

commits a Class B misdemeanor.

(b) Notwithstanding the maximum fine provisions of IC 35-50-3-3, criminal fines for a person convicted of an offense described in subsection (a) shall be assessable in a maximum amount of not less than ten thousand dollars ($10,000) per day per violation.

(c) Except as provided in subsection (d), a person regulated under IC 13-17 who knowingly violates:

(1) any applicable requirements of IC 13-17-4, IC 13-17-5, IC 13-17-6, IC 13-17-8, IC 13-17-9, IC 13-17-10, or IC 13-17-13 or of rules of the board implementing the chapters referred to in this subdivision;

(2) any condition of a permit issued by the department under IC 13-17; or

(3) any fee or filing requirement in IC 13-17, including the requirement to file an application for a permit under IC 13-17;

commits a Class C misdemeanor.

(d) Notwithstanding the maximum fine provisions of IC 35-50-3-4, criminal fines for a person convicted of an offense described in subsection (c) shall be assessable in a maximum amount of not less than ten thousand dollars ($10,000) per day per violation.

(e) Except as provided in subsection (f), a person who willfully or negligently violates:

(1) any applicable standards or limitations of IC 13-18-3-2.4, IC 13-18-4-5, IC 13-18-12, IC 13-18-14, IC 13-18-15, or IC 13-18-16 or of rules of the board implementing the chapters referred to in this subdivision;

(2) any condition of a National Pollutant Discharge Elimination System permit issued by the department under IC 13-18-19 or rules adopted by the board under IC 13-18-19;

(3) any National Pollutant Discharge Elimination System Permit filing requirement under IC 13-18-19; or

(4) any condition of a permit issued by the department in accordance with the requirements of 33 U.S.C. 1344;

commits a Class A misdemeanor.

(f) Notwithstanding the maximum fine provisions of IC 35-50-3-2, criminal fines for a person convicted of an offense described in subsection (e) shall be assessable in a maximum amount of not less than ten thousand dollars ($10,000) per day per violation.

(g) A person who willfully or recklessly violates any applicable standards or limitations of IC 13-18-8 commits a Class B misdemeanor.

(h) A person who willfully or recklessly violates any applicable standards or limitations of IC 13-18-9, IC 13-18-10, or IC 13-18-10.5 commits a Class C misdemeanor.

(i) A person who:

(1) knowingly commits any act described in subsection (a), (c), or (e); and

(2) knows that commission of the act places another person in imminent danger of death or serious bodily injury;

commits a Level 4 felony. However, the offense is a Level 3 felony if it results in serious bodily injury to any person, and a Level 2 felony if it results in the death of any person.

(j) It shall be a defense to an offense described in subsection (i) that the person charged:

(1) did not know; or

(2) could not reasonably have been expected to know;

that the violation would place another person in imminent danger or threat of serious bodily injury. For the purposes of subsection (i), a person is responsible only for the person's own actual awareness or actual belief, and knowledge by another person may not be attributed to the person.

(k) The penalties under this section apply regardless of whether a person uses electronic submissions or paper documents to accomplish the actions described in this section.

As added by P.L.114-2008, SEC.26. Amended by P.L.57-2009, SEC.2; P.L.158-2013, SEC.196; P.L.181-2018, SEC.14; P.L.135-2026, SEC.299.