(1) the department determines that a business has committed a minor violation:

(i) environmental management laws;

(ii) a rule or standard adopted by a board; or

(iii) any determination, permit, or order made or issued by the commissioner;

(B) that does not present an immediate or reasonably foreseeable danger to the public health or environment; and

(C) that does not include a violation of:

(i) a numerical limitation or a numerical standard contained in environmental management laws or a rule or standard adopted by a board applicable to a business required to correct the violation before disclosure of the violation;

(ii) a term or condition of a determination, permit, or order made or issued by the commissioner to a business required to correct the violation before disclosure of the violation, unless the term or condition incorporates a limitation, standard, work practice, or other requirement by reference and does not specify the limitation, standard, work practice, or other requirement; or

(iii) a requirement under environmental management laws or a rule adopted by a board to possess a permit;

the business required to correct the violation has not more than ninety (90) days after the date the property owner receives the written summary of the inspection under this section to correct the violation; and

(2) the:

(A) business:

(i) corrects the violation; or

(ii) commences substantial steps to correct the violation, including submitting permit applications, securing financing, or ordering equipment;

within the ninety (90) day period described in subdivision (1); or

(B) business corrects the violation within an additional ninety (90) day period under section 3 of this chapter;

the department’s enforcement action is limited to the assessment of a civil penalty in an amount not to exceed five hundred dollars ($500).

[Pre-1996 Recodification Citation: 13-7-5-3.3(f).]

As added by P.L.1-1996, SEC.20. Amended by P.L.123-1996, SEC.16.