Sec. 2. In determining the amount of a civil penalty under section 1 of this chapter, the director shall consider the following:
(1) The permittee's history of previous violations at the surface coal mining and reclamation operation.
(2) The seriousness of the violation, including any irreparable harm to the environment and hazard to the health and safety of the public.
(3) The permittee's negligence.
(4) The demonstrated good faith of the permittee to achieve rapid compliance after notification of the violation.
[Pre-1995 Recodification Citation: 13-4.1-12-1(b) part.]
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
14-34-16-1. Civil Penalties; Violations
14-34-16-3. Each Day Considered Separate Violation
14-34-16-4. Order to Pay Penalty; Hearing
14-34-16-5. Action by Attorney General to Recover Civil Penalties Owed
14-34-16-6. Criminal Violations
14-34-16-7. Interference With Director in Performance of Director's Duties
14-34-16-8. Violations of Permit and Noncompliance by Corporate Permittee