Indiana Administrative Code
Title 355 - STATE CHEMIST OF THE STATE OF INDIANA
Article 9 - FERTILIZER CIVIL PENALTY SCHEDULE
Rule 3 - Civil Penalty Schedule
Section 3-1 - Schedule
Universal Citation: 355 IN Admin Code 3-1
Current through March 20, 2024
Authority: IC 15-16-2-49.5
Affected: IC 15-16-2-46
Sec. 1.
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 |
| 355 IAC 2-3-1(e) | Operate storage containers or appurtenances with an improper design. | $100 | $200 | $300 | Per incident |
| 355 IAC 2-3-2 | Store a fertilizer in an underground bulk container. | $250 | $500 | $1,000 | Per day |
| 355 IAC 2-3-3 | Abandon a bulk storage container improperly. | $250 | $500 | $1,000 | Per incident |
| 355 IAC 2-3-5(a) | Fail to anchor bulk storage containers properly. | $100 | $250 | $500 | Per incident |
| 355 IAC 2-3-6 | Fail to provide bulk container security. | $100 | $250 | $500 | Per incident |
| 355 IAC 2-3-7 | Fill bulk container beyond intended capacity. | $100 | $200 | $300 | Per incident |
| 355 IAC 2-3-8 | Fail to support or contain appurtenances. | $50 | $50 | $50 | Per day |
| 355 IAC 2-3-9 | Fail to provide a liquid level device or secure liquid level gauge. | $50 | $100 | $150 | Per incident |
| 355 IAC 2-3-10 | Fail to properly label bulk container. | $25 | $50 | $100 | Per incident |
| 355 IAC 2-3-11 | Fail to maintain bulk container or appurtenance. | $100 | $200 | $300 | Per day |
| 355 IAC 2-4-1(a) | Fail to carry out operational area activities within contained area. | $250 | $500 | $1,000 | Per incident |
| 355 IAC 2-4-1(b) | Operate operational area containment with improper design, construction, or capacity. | $100 | $200 | $300 | Per day |
| 355 IAC 2-4-1(d) | Operate operational area with a relief outlet, valve, or improper pump. | $100 | $200 | $300 | Per day |
| 355 IAC 2-4-1(e) | Fail to remove liquids promptly from operational area containment. | $100 | $200 | $300 | Per incident |
| 355 IAC 2-4-1(f) | Fail to protect storage containers and appurtenances from damage by vehicles. | $100 | $200 | $300 | Per incident |
| 355 IAC 2-4-1(i) | Fail to maintain operational area containment. | $100 | $200 | $300 | Per day |
| 355 IAC 2-5-1(a) | Store a bulk container outside of secondary containment. | $250 | $500 | $1,000 | Per day |
| 355 IAC 2-5-1(b) | 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 |
| 355 IAC 2-5-1(f) | Operate secondary containment with tile drainage within or under the containment. | $100 | $200 | $300 | Per day |
| 355 IAC 2-5-2(a) | 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 25-5, 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 |
| 355 IAC 2-5-12 | Operate an improperly designed, constructed, or maintained elephant ring. | $100 | $200 | $300 | Per day |
| 355 IAC 2-5-12.5(a) | Operate secondary containment with a relief outlet, valve, or improper pump. | $100 | $200 | $300 | Per day |
| 355 IAC 2-5-13(a) | Fail to maintain secondary containment. | $100 | $200 | $300 | Per day |
| 355 IAC 2-5-13(b) | Fail to maintain secondary containment free of debris and foreign matter. | $25 | $50 | $100 | Per day |
| 355 IAC 2-6-1.5(a) | Store dry bulk fertilizer in an unsound manner. | $250 | $500 | $1,000 | Per day |
| 355 IAC 2-6-1.5(b) | Fail to provide a dry fertilizer operations pad. | $250 | $500 | $1,000 | Per incident |
| 355 IAC 2-9-1 | 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 |
| 355 IAC 7-3-1 | Engage in business for hire without a business license. | $250 | $500 | $1,000 | Per day |
| 355 IAC 7-3-3 | Distribute fertilizer material without a business license. | $250 | $500 | $1,000 | Per day |
| 355 IAC 7-3-3 | Distribute fertilizer material to an unlicensed user. | $100 | $200 | $300 | Per incident |
| 355 IAC 7-3-4 | Fail to train employees. | $100 | $200 | $300 | Per incident |
| 355 IAC 7-3-4 | Supervise more than 10 employees. | $100 | $100 | $100 | Per day and per person |
| 355 IAC 7-3-4 | 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 |
| 355 IAC 8-3-1(3) | Apply fertilizer material directly to surface water. | $100 | $250 | $500 | Per incident |
| 355 IAC 8-3-1(4) | Apply fertilizer material to saturated ground. | $100 | $250 | $500 | Per incident |
| 355 IAC 8-3-1(5) | Apply fertilizer material from a public road. | $100* | $250* | $500* | Per incident |
| 355 IAC 8-3-2 | Fail to follow proper unmanipulated organic fertilizer application setback or incorporation requirements. | $250 | $500 | $1,000 | Per incident |
| 355 IAC 8-3-3 | Improper application of unmanipulated organic fertilizer to highly erodible land. | $250 | $500 | $1,000 | Per incident |
| 355 IAC 8-3-4 | Improper application of unmanipulated organic fertilizer to frozen or snow covered ground. | $250 | $500 | $1,000 | Per incident |
| 355 IAC 8-3-5 | Fail to properly monitor organic fertilizer application. | $100 | $250 | $500 | Per day |
| 355 IAC 8-4-1 | Fail to properly stage inorganic fertilizer. | $250 | $500 | $1,000 | Per incident and per day |
| 355 IAC 8-4-2 | Fail to properly stage organic fertilizer. | $250 | $500 | $1,000 | Per incident and per day |
| 355 IAC 8-5-1 | Fail to keep proper distribution records. | $25 | $50 | $75 | Per day |
| 355 IAC 8-5-2 | Fail to keep proper application records. | $25 | $50 | $75 | Per day |
| 355 IAC 8-5-3 | 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.
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