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.