Indiana § 14-39-2-15 - Enforcement

§ 14-39-2-15. Enforcement

Sec. 15. (a) A person that violates a requirement under this article is subject to a civil penalty under this section.

(b) Except as provided in subsection (d), a person that violates a requirement under this article shall pay to the department a civil penalty as follows:

(1) Two thousand five hundred dollars ($2,500) each day for a first violation.

(2) Five thousand dollars ($5,000) each day for a second violation.

(3) Ten thousand dollars ($10,000) each day for a third and each subsequent violation.

(c) If a person issued a civil penalty under subsection (b) for a violation of a requirement under this article does not remedy the violation in the time prescribed by the department, the person is subject to a cessation order issued by the department. A person that is issued a cessation order under this section must pay a civil penalty of seven hundred fifty dollars ($750) per day, for not more than thirty (30) days, for each day the violation remains unremedied.

(d) If a person does not obtain from the department a certificate or permit required under this article:

(1) the person shall pay to the department a civil penalty of ten thousand dollars ($10,000); and

(2) the department shall issue to the person a cessation order in accordance with subsection (c).

(e) A person who knowingly and intentionally violates this article commits a Class A misdemeanor. Each violation under this subsection:

(1) is assessable individually; and

(2) will result in an assessed penalty of at least five thousand dollars ($5,000) each day based on the:

(A) severity of the violation;

(B) risk to:

(i) the environment;

(ii) individuals; or

(iii) property; and

(C) actions of the violator to abate the violation.

(f) The department shall provide for public participation in the enforcement process for a violation under this article.

(g) A civil penalty or cessation order assessed or issued under this section is subject to review and appeal under IC 4-21.5.

(h) The department shall deposit civil penalties collected under this chapter in the carbon dioxide storage facility trust fund established by section 10 of this chapter.

As added by P.L.25-2025, SEC.13. Amended by P.L.213-2025, SEC.144; P.L.161-2026, SEC.77.