Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 6 - Civil Penalty Assessment Schedule › Section 6-2 - Schedule

Current through July 10, 2024
Authority: IC 15-16
Affected: IC 15-16-4; IC 15-16-5
Sec. 2.
(a) The
				schedule of civil penalties for violations of IC 15-16-4 and IC 15-16-5, and
				the rules adopted under these laws is as follows:
Legal Citation
General Description of Violation
Violation Number
Violation Assessment
1
2
3 and subsequent
IC 15-16-4-57(1) or IC 15-16-4-66(1)
Produce, distribute, display, sell, offer for sale, or
							 transport a nonregistered pesticide product.
$250
$500
$1,000
Per product and per year
IC 15-16-4-57(2)
Produce, distribute, display, sell, offer for sale, or
							 transport a pesticide product with labeling claims or directions for use
							 different from that registered.
$100
$200
$300
Per product and per year
IC 15-16-4-57(3)
Produce, distribute, display, sell, offer for sale, or
							 transport a pesticide product with composition different from that registered.
$250
$500
$1,000
Per product and per year
IC 15-16-4-57(4)
Produce, distribute, display, sell, offer for sale, or
							 transport a pesticide product with incomplete or illegible label or in a
							 container other than manufacturer's immediate, unbroken, and approved or
							 authorized container.
$250
$500
$1,000
Per product and per incident
IC 15-16-4-57(5), IC 15-16-4-66(2), or IC
							 15-16-4-66(3)
Produce, distribute, display, sell, offer for sale, or
							 transport an adulterated or misbranded pesticide product.
$250
$500
$1,000
Per product and per year
IC 15-16-4-57(6) or IC 15-16-4-57(9)
Produce, distribute, display, sell, offer for sale, or
							 transport a pesticide product in a container not in compliance with rules
							 adopted by the board or regulations adopted under the Federal Insecticide,
							 Fungicide, and Rodenticide Act (
							 7
							 U.S.C. 136 et seq.)
$250
$500
$1,000
Per product, per incident, and per year
IC 15-16-4-57(7) or IC 15-16-4-59(5)
Distribute a highly volatile herbicide except on
							 written permission by the state chemist.
$250
$500
$1,000
Per product and per incident
IC 15-16-4-57(8)
Produce, distribute, display, sell, offer for sale,
							 transport, or store a bulk pesticide without a fully compliant label affixed to
							 the container.
$100
$200
$300
Per product and per incident
IC 15-16-4-57(9)
Produce, distribute, sell, offer for sale, or
							 transport a pesticide that violates the Federal Insecticide, Fungicide, and
							 Rodenticide Act (U.S.C. 136 et seq.) or regulations adopted under the Act.
$250
$500
$1,000
Per product and per incident
IC 15-16-4-59(1)
Detach, alter, deface, or destroy a pesticide product
							 label or labeling.
$250
$500
$1,000
Per product and per incident
IC 15-16-4-59(2)
Add any substance to, or take any substance from, a
							 pesticide in a manner that may defeat the purpose of IC 15-16-4 or IC 15-16-5.
$250
$500
$1,000
Per product and per incident
IC 15-16-4-59(4)
Use or cause to be used a pesticide contrary to the
							 rules adopted by the board.
$250
$500
$1,000
Per product and per incident
IC 15-16-4-59(6) or IC 15-16-5-65(6)
Neglect, or after notice, refuse to comply with IC
							 15-16-4, IC 15-16-5, the rules adopted under these chapters, or any lawful
							 order of the state chemist or board.
$250
$500
$1,000
Per product and per incident
IC 15-16-4-67 or IC 15-16-5-64
Produce, handle, transport, store, display, dispose,
							 or distribute a pesticide product or pesticide product container in a manner
							 that may endanger or cause injury to humans, beneficial vegetation, crops,
							 livestock, wildlife, beneficial insects, the environment, food, feed, or other
							 associated products.
$250
$500
$1,000
Per incident
IC 15-16-4-68
Dispose of, discard, or store a pesticide product or
							 pesticide container in a manner that may cause injury to humans, plants,
							 animals, wildlife, lands, or waters.
$250
$500
$1,000
Per incident
IC 15-16-4-73(c)
Sell, use, or remove without written permission from
							 the state chemist or by a court order a pesticide product placed under a stop
							 sale, use, or removal order by the state chemist.
$250*
$500*
$1,000*
Per incident
IC 15-16-4-77 or IC 15-16-5-65(19)
Recklessly, knowingly, or intentionally impede or
							 prevent the state chemist or the state chemist's agent in the performance of
							 the state chemist's duty in connection with IC 15-16-4 or IC 15-16-5.
$250*
$500*
$1,000*
Per incident
IC 15-16-5-65(1)
Make a false or fraudulent claim either verbally or
							 through any media misrepresenting the effect of a pesticide product or a method
							 to be used.
$250
$500
$1,000
Per incident and per day
IC 15-16-5-65(2)
Recommend, use, or supervise the use of a registered
							 pesticide product in a manner inconsistent with its labeling, or in violation
							 of the United States Environmental Protection Agency or Indiana state
							 restrictions on the use of that pesticide product.
$250
$500
$1,000
Per incident and per day
IC 15-16-5-65(3)
Use a known ineffective or improper pesticide product
							 or known ineffective amount of pesticide.
$250
$500
$1,000
Per incident
IC 15-16-5-65(4)
Operate faulty or unsafe equipment.
$250
$500
$1,000
Per incident and per day
IC 15-16-5-65(5)
Operate in a careless or negligent manner.
$250
$500
$1,000
Per incident and per day
IC 15-16-5-65(7)
Refuse or neglect to keep and maintain the records
							 required by IC 15-16-5 or to make reports and supply information when required
							 or requested by the state chemist in the course of an investigation or
							 inspection.
$250
$500
$1,000
Per incident and per day
IC 15-16-5-65(8)
Make false or fraudulent records, invoices, or
							 reports.
$250
$500
$1,000
Per incident and per day
IC 15-16-5-65(9)
Engage in or profess to engage in the business of
							 using a pesticide or any other product regulated under IC 15-16-5 or by rules
							 adopted under IC 15-16-5 or making a diagnostic inspection to determine
							 infestations of a wood destroying pest for hire on the property of another
							 without having a pesticide business license issued by the state chemist.
$250
$500
$1,000
Per day
IC 15-16-5-65(10)
Use a restricted use pesticide without having an
							 applicator, who is licensed or permitted under IC 15-16-5, in direct
							 supervision.
$250
$500
$1,000
Per incident, per day, and per person
IC 15-16-5-65(11)
Use fraud or misrepresentation in making an
							 application for, or renewal of, a license, permit, registration, or
							 certification.
$250
$500
$1,000
Per incident and per person
IC 15-16-5-65(12)
Refuse or neglect to comply with any limitations or
							 restrictions on or in a duly issued license, permit, registration, or
							 certification.
$250
$500
$1,000
Per incident and per day
IC 15-16-5-65(13)
Aid or abet a person to evade IC 15-16-5, conspire
							 with a person to evade IC 15-16-5, or allow a license, permit, registration, or
							 certification to be used by another person.
$250*
$500*
$1,000*
Per day
IC 15-16-5-65(14)
Make false or misleading statements during or after an
							 inspection concerning any infestation or infection of pests.
$250
$500
$1,000
Per incident
IC 15-16-5-65(15)
Impersonate any federal, state, county, or city
							 inspector, investigator, or official.
$250*
$500*
$1,000*
Per incident
IC 15-16-5-65(16)
Knowingly purchase or use a pesticide product that was
							 not registered under IC 15-16-4.
$250
$500
$1,000
Per incident
IC 15-16-5-65(17)
Fail to continuously maintain financial responsibility
							 required under IC 15-16-58 or to provide proof of financial responsibility to
							 the state chemist when requested.
$250
$500
$1,000
Per day
IC 15-16-5-65(18)
Intentionally alter a duly issued license, permit,
							 registration, or certification.
$250*
$500*
$1,000*
Per incident
355 IAC
							 4-2-3
Fail to provide on-site supervision to a noncertified
							 individual.
$125
$250
$500
Per day
355 IAC
							 4-2-5
Fail to provide direct supervision.
$125
$250
$500
Per day
355
							 IAC 4-2-6
Fail to provide technician with label, fact sheet,
							 safety equipment, or voice communication.
$25
$50
$100
Per day
355
							 IAC 4-2-7
Supervise more than 10 technicians.
$100
$100
$100
Per day and per person
355 IAC
							 4-2-8
Fail to have technician credential at the work site.
$25
$50
$100
Per incident
355 IAC
							 4-4-1
Fail to keep and maintain commercial applicator
							 restricted use pesticide application records.
$100
$200
$300
Per day
355 IAC
							 4-4-1.5
Fail to keep and maintain private applicator
							 restricted use pesticide application records.
$100
$100
$100
Per day
355 IAC
							 4-4-1 or
							 355 IAC
							 4-4-1.5
Fail to keep all required restricted use pesticide
							 application record elements.
$25
$50
$100
Per day
355 IAC
							 4-4-3
Fail to register as a restricted use pesticide dealer.
$250
$500
$1,000
Per day
355 IAC
							 4-4-3
Fail to keep restricted use pesticide sale or
							 distribution records.
$250
$500
$1,000
Per day
355
							 IAC 4-5-2(1)
Fail to develop for hire termiticide application
							 records.
$100
$200
$300
Per day
355
							 IAC 4-5-2(2)
Fail to keep all required for hire termiticide
							 application records.
$25
$50
$100
Per day
355
							 IAC 4-5-2(3)
Fail to keep for hire termiticide application records
							 for five years.
$100
$200
$300
Per day
355
							 IAC 4-5-2(4)
Fail to provide label and application specifications
							 to termite control technicians.
$25
$50
$100
Per incident
355
							 IAC 4-5-2(5)
Fail to ensure the completed termite control customer
							 disclosure form is issued to the customer before the application.
$250
$500
$1,000
Per incident
355
							 IAC 4-5-2(6)
Fail to ensure that the state chemist is notified in
							 advance of a preconstruction termiticide application.
$250
$500
$1,000
Per incident
355 IAC
							 4-7-7
Make false or fraudulent reports or misrepresent
							 participation in the certification or registration renewal process.
$250
$500
$1,000
Per incident
357 IAC
							 1-3-2
Distribute a restricted use pesticide to a
							 noncertified user.
$250*
$500*
$1,000*
Per incident
357
							 IAC 1-3-3
Distribute a restricted use pesticide without a dealer
							 registration.
$250
$500
$1,000
Per incident
357 IAC
							 1-3-5(a)
Fail to keep restricted use pesticide distribution
							 records.
$100
$200
$300
Per incident
357 IAC
							 1-3-5(c)
Fail to keep all required elements of restricted use
							 pesticide distribution records.
$25
$50
$75
Per incident
357 IAC 1-5-2(a)
Fail to place a lawn marker at the time of a
							 commercial application for hire.
$100
$200
$300
Per incident
357 IAC 1-5-2(b)
Fail to ensure the lawn marker meets all of the
							 required specifications.
$50
$100
$200
Per incident
357 IAC
							 1-5-3
Fail to provide written customer notification
							 containing all required notification elements.
$100
$200
$300
Per incident
357 IAC
							 1-10-2
Load, mix, or store a pesticide within an isolation
							 area around a community public water supply system.
$100
$200
$300
Per incident and per day
357
							 IAC 1-10-3
Fail to provide proper storage or containment in
							 wellhead area.
$100
$200
$300
Per day
357 IAC
							 1-10-4
Fail to properly and immediately clean up a pesticide
							 spill within an isolation wellhead area.
$250
$500
$1,000
Per incident and per day
357 IAC
							 1-11-2
Use or supervise the use of a pesticide for
							 community-wide mosquito abatement without a category 8 license.
$250
$500
$1,000
Per day
357 IAC
							 1-11-3
Fail to supervise a noncertified community-wide
							 abatement applicator as required.
$250
$500
$1,000
Per day
357 IAC 1-12-2
Apply a pesticide in a manner that allows it to drift
							 from the target site in sufficient quantity to cause harm to a nontarget site.
$250
$500
$1,000
Per incident
357
							 IAC 1-13-2
Cause the open burning of a pesticide container.
$250
$500
$1,000
Per incident and per product
357 IAC 1-14-3(a)
Fail to attach the required labeling to a pesticide
							 service container.
$250
$500
$1,000
Per incident and per product
357 IAC 1-14-3(b)
Fail to have possession of a complete label copy
							 during transport of a pesticide service container.
$250
$500
$1,000
Per incident and per product
357 IAC
							 1-15-2
Use or supervise the use of a pesticide on a golf
							 course without having a category 3b commercial applicator license.
$250
$500
$1,000
Per day
357 IAC
							 1-15-3
Fail to supervise a noncertified pesticide applicator
							 on a golf course.
$250
$500
$1,000
Per day
357 IAC
							 1-15-4
Fail to keep and maintain all required records of a
							 pesticide applied on the golf course.
$250
$500
$1,000
Per day
357 IAC
							 1-16-4
Use or supervise the use of a pesticide at a school
							 without the proper commercial applicator license.
$250
$500
$1,000
Per incident
357 IAC
							 1-16-5
Fail to supervise a noncertified pesticide applicator
							 at a school.
$250
$500
$1,000
Per incident
357 IAC 1-16-6(a)
Apply a pesticide at a school during normal
							 instructional hours when school is in session.
$250
$500
$1,000
Per incident
357 IAC 1-16-6(c)
Allow a student to enter a pesticide treatment area
							 during the required restricted reentry period.
$250
$500
$1,000
Per incident
357 IAC
							 1-16-7
Store a pesticide at a school contrary to the storage
							 requirements.
$250
$500
$1,000
Per incident
357 IAC
							 1-16-8
Fail to provide required pesticide notification.
$250
$500
$1,000
Per incident
357 IAC 1-16-9(a)
Fail to keep and maintain required pesticide
							 application at school records.
$250
$500
$1,000
Per incident
357 IAC 1-16-9(f)
Fail to provide requested pesticide application
							 records for inspection or copying.
$250
$500
$1,000
Per incident
355
							 IAC 5-2-1 or
							 355 IAC
							 5-2-4
Store a pesticide in a bulk container made of improper
							 design or materials.
$100
$200
$300
Per incident and per day
355 IAC
							 5-2-2
Store a pesticide in an underground bulk container.
$250
$500
$1,000
Per incident and per day
355 IAC
							 5-2-3
Abandon a bulk storage container improperly.
$250
$500
$1,000
Per incident
355 IAC
							 5-2-5
Fail to anchor a bulk storage container to prevent
							 flotation or instability.
$100
$200
$300
Per incident and per day
355 IAC 5-2-6
Fail to vent a bulk storage container.
$100
$100
$100
Per incident
355 IAC 5-2-7
Fail to provide bulk storage container security.
$100
$100
$100
Per day
355 IAC 5-2-8
Fill bulk storage container beyond intended capacity.
$100
$200
$300
Per incident
355 IAC 5-2-9
Fail to have proper shut-off valve on bulk storage
							 container.
$50
$50
$50
Per day
355 IAC 5-2-10
Fail to support bulk storage container appurtenances.
$50
$50
$50
Per day
355 IAC
							 5-2-11
Fail to have a proper liquid level gauging device on a
							 bulk storage container.
$50
$50
$50
Per incident
355 IAC 5-2-12
Fail to maintain a bulk storage container.
$100
$100
$100
Per day
355 IAC 5-3-1(a)
Fail to carry out operational area activities within
							 contained area.
$250*
$500*
$1,000*
Per incident
355 IAC 5-3-1(b)
							  or
							 355 IAC 5-3-1(d)
Operate operational area containment with improper
							 design, construction, capacity, or drainage.
$100
$200
$300
Per incident and per day
355 IAC 5-3-1(e)
Fail to remove liquids promptly from operational area
							 containment.
$100
$200
$300
Per day
355 IAC 5-3-1(f)
Fail to protect storage containers and appurtenances
							 from damage by vehicles.
$250
$500
$1,000
Per incident
355 IAC 5-3-1(h)
Fail to maintain operational area containment.
$100
$200
$300
Per day
355 IAC 5-4-1(a)
Store a bulk storage container outside of secondary
							 containment.
$250*
$500*
$1,000*
Per day
355 IAC 5-4-1(b)
Fail to separate pesticide secondary containment from
							 other materials.
$100
$200
$300
Per day
355 IAC 5-4-1(c)
Fail to maintain required capacity for secondary
							 containment.
$100
$200
$300
Per day
355 IAC 5-4-1(f)
Operate secondary containment with tile drainage
							 within or under the containment.
$100
$200
$300
Per day
355 IAC 5-4-2
Operate secondary containment with improperly
							 constructed or sealed walls.
$100
$200
$300
Per day
355 IAC 5-4-3
Operate secondary containment with improperly
							 constructed or sealed base.
$100
$200
$300
Per day
355 IAC
							 5-4-4
Operate secondary containment with a relief outlet,
							 valve, or improper pump.
$100
$200
$300
Per day
355
							 IAC 5-4-7
Operate an improperly designed, constructed, or
							 maintained elephant ring.
$100
$200
$300
Per day
355 IAC 5-4-8(a)
Fail to maintain secondary containment.
$100
$200
$300
Per day
355 IAC 5-4-8(b)
Fail to maintain secondary containment free of debris
							 and foreign matter.
$25
$50
$100
Per day
355 IAC
							 5-5-1
Store dry bulk pesticide in improper, non-elevated,
							 uncovered, or unsecured container or manner.
$250
$500
$1,000
Per day
355 IAC 5-8-1
Fail to notify the state chemist annually of the bulk
							 storage facility location and status.
$50
$100
$150
Per year
* This penalty shall not be subject to the
							 potential for mitigation listed in section 5 of this rule.
(b)
				Each penalty for each violation, if the violation is of a continuing nature,
				shall not be imposed for more than one hundred eighty (180) days when assessed
				on a per day basis.
(c) Each
				penalty for each violation, if the violation is of an identical repetitive
				nature, shall not be imposed for more than one hundred eighty (180) incidents
				when assessed on a per incident basis.