Sec. 5. (a) If, due to an inspection under section 3 of this chapter, the director or an inspector determines a violation of:
(1) this article; or
(2) a rule adopted under this article;
has occurred, the director or inspector shall notify the permittee in writing of the violation and make a reasonable attempt to verbally notify the permittee upon discovery of the violation.
(b) The written notification must do the following:
(1) Contain a detailed description of each violation.
(2) Fix a reasonable time not exceeding ninety (90) days for abatement of the violation.
(3) Provide an opportunity for a public hearing under section 9 of this chapter.
(c) A notice of violation issued under subsection (a) is effective when served upon the permittee and is governed by IC 4-21.5-3-6. However, the notice of violation is subject to an application for temporary relief under section 9 of this chapter.
[Pre-1995 Recodification Citation: 13-4.1-11-4.]
As added by P.L.1-1995, SEC.27.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 34. Surface Coal Mining and Reclamation
Chapter 15. Inspections, Monitoring, and Enforcement
14-34-15-1. Duties of Permittees Regarding Records and Reports
14-34-15-2. Operations Removing or Disturbing Strata Serving as Aquifers
14-34-15-3. Minimum Inspections
14-34-15-5. Notification of Violations
14-34-15-6. Ordered Cessation of Coal Mining and Reclamation Operations
14-34-15-7. Permit Suspension or Revocation
14-34-15-8. Notice or Order Requirements
14-34-15-9. Application for Review
14-34-15-10. Costs and Expenses
14-34-15-11. Injunctions; Restraining Orders; Other Orders
14-34-15-13. Violations at Surface Mining Site; Citations