Indiana Administrative Code
Title 355 - STATE CHEMIST OF THE STATE OF INDIANA
Article 9 - FERTILIZER CIVIL PENALTY SCHEDULE
Rule 3 - Civil Penalty Schedule
Section 3-3 - Potential penalty mitigation
Universal Citation: 355 IN Admin Code 3-3
Current through March 20, 2024
Authority: IC 15-16-2-44
Affected: IC 15-16-2
Sec. 3.
(a) The amount of a civil penalty may be adjusted downward to reflect particular mitigating factors. Some factors that may be considered are the following:
(1) Good faith efforts of the violator to
comply.
(2) Cooperation by the
violator with the state chemist during the investigation process.
(3) The violator's history of
compliance.
(4) The potential for
damage.
(5) Remedial or corrective
action taken by the violator.
(b) Failure to pay the full amount of any previously mitigated civil penalty by the date prescribed by the state chemist may subject the violator to the full amount of the nonmitigated civil penalty.
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