(1) may, after an opportunity for a public hearing under IC 4-21.5-3, assess a civil penalty on a permittee who violates:

(A) this article; or

(B) IC 13-4.1 (before its repeal); and

(2) shall, if the director has issued a cessation order for the violation to the permittee, assess a civil penalty.

     (b) The civil penalty assessed under this section may be in an amount of not more than five thousand dollars ($5,000) for each violation.

     (c) If an operator fails to correct a violation for which a notification has been issued under:

(1) IC 13-4.1-11-4 (before its repeal); or

(2) IC 14-34-15-5;

in the allotted time for correction, the director may, if a civil penalty is assessed, assess a civil penalty of not less than seven hundred fifty dollars ($750) for each day during which the failure or violation continues.

     (d) The time for correction of a violation does not end until the entry of:

(1) a final order by the director, for review proceedings initiated by the operator if the director orders, after an expedited hearing, the suspension of the abatement requirements of the citation based upon a determination that the operator will suffer irreparable loss or damage from the application of those requirements; or

(2) an order of the court, for review proceedings initiated by the operator if the court orders the suspension of the abatement requirements of the citation.

[Pre-1995 Recodification Citation: 13-4.1-12-1(a), (b) part.]

As added by P.L.1-1995, SEC.27.