Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 9 - FERTILIZER CIVIL PENALTY SCHEDULE › Rule 3 - Civil Penalty Schedule › Section 3-1 - Schedule

Current through July 10, 2024
Authority: IC 15-16-2-49.5
Affected: IC 15-16-2-46
Sec. 1.
The schedule of civil penalties for violations of IC 15-16-2,
				  the Indiana commercial fertilizers law, and the rules adopted under this law
				  are as follows:
(1) 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.
(2) 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.
Legal Citation
General Description of
								Violation
Violation Number
Violation Assessment
1
2
3 and subsequent
355 IAC 2-3-1 and
							 355 IAC 2-3-4
Store a
							 fertilizer in a bulk container made of improper design or materials.
$100
$200
$300
Per incident
355 IAC 2-3-1(e)
Operate storage containers or appurtenances with an improper
							 design.
$100
$200
$300
Per incident
355 IAC 2-3-2
Store a
							 fertilizer in an underground bulk container.
$250
$500
$1,000
Per day
355 IAC 2-3-3
Abandon a
							 bulk storage container improperly.
$250
$500
$1,000
Per incident
355 IAC 2-3-5(a)
Fail to anchor bulk storage containers properly.
$100
$250
$500
Per incident
355 IAC 2-3-6
Fail to
							 provide bulk container security.
$100
$250
$500
Per incident
355 IAC 2-3-7
Fill bulk
							 container beyond intended capacity.
$100
$200
$300
Per incident
355 IAC 2-3-8
Fail to
							 support or contain appurtenances.
$50
$50
$50
Per day
355 IAC 2-3-9
Fail to
							 provide a liquid level device or secure liquid level gauge.
$50
$100
$150
Per incident
355 IAC 2-3-10
Fail to
							 properly label bulk container.
$25
$50
$100
Per incident
355 IAC 2-3-11
Fail to
							 maintain bulk container or appurtenance.
$100
$200
$300
Per day
355 IAC 2-4-1(a)
Fail to carry out operational area activities within contained
							 area.
$250
$500
$1,000
Per incident
355 IAC 2-4-1(b)
Operate operational area containment with improper design,
							 construction, or capacity.
$100
$200
$300
Per day
355 IAC 2-4-1(d)
Operate operational area with a relief outlet, valve, or improper
							 pump.
$100
$200
$300
Per day
355 IAC 2-4-1(e)
Fail to remove liquids promptly from operational area
							 containment.
$100
$200
$300
Per
							 incident
355 IAC 2-4-1(f)
Fail to protect storage containers and appurtenances from damage by
							 vehicles.
$100
$200
$300
Per incident
355 IAC 2-4-1(i)
Fail to maintain operational area containment.
$100
$200
$300
Per day
355 IAC 2-5-1(a)
Store a bulk container outside of secondary containment.
$250
$500
$1,000
Per day
355 IAC 2-5-1(b)
Fail to separate fertilizer secondary containment from other
							 materials.
$100
$200
$300
Per day
355 IAC 2-5-1(c)
							  and
							 355 IAC
							 2-5-12.5(b)
Fail to
							 maintain required capacity for secondary containment.
$100
$200
$300
Per day
355 IAC 2-5-1(f)
Operate secondary containment with tile drainage within or under the
							 containment.
$100
$200
$300
Per day
355 IAC 2-5-2(a)
Operate secondary containment with improperly constructed or sealed
							 walls.
$100
$200
$300
Per day
355 IAC 2-5-3,
							 355 IAC 2-5-4,
							 355 IAC 25-5,
							 355 IAC 2-5-6, or
							 355 IAC 2-5-7
Operate
							 secondary containment with improperly constructed or sealed base.
$100
$200
$300
Per day
355 IAC 2-5-12
Operate
							 an improperly designed, constructed, or maintained elephant ring.
$100
$200
$300
Per day
355 IAC
							 2-5-12.5(a)
Operate
							 secondary containment with a relief outlet, valve, or improper pump.
$100
$200
$300
Per day
355 IAC
							 2-5-13(a)
Fail to maintain
							 secondary containment.
$100
$200
$300
Per
							 day
355 IAC
							 2-5-13(b)
Fail to maintain
							 secondary containment free of debris and foreign matter.
$25
$50
$100
Per day
355 IAC
							 2-6-1.5(a)
Store dry bulk
							 fertilizer in an unsound manner.
$250
$500
$1,000
Per day
355 IAC
							 2-6-1.5(b)
Fail to provide
							 a dry fertilizer operations pad.
$250
$500
$1,000
Per incident
355 IAC 2-9-1
Fail to
							 notify the state chemist annually of the bulk storage facility location and
							 status.
$50
$100
$150
Per year
IC 15-16-2-46
Sell, use, or remove without
							 permission a product placed under a stop sale, use, or removal order.
$250*
$500*
$1,000*
Per incident
355 IAC 7-3-1 and
							 355 IAC 7-3-2
Use
							 fertilizer material without certification.
$100
$200
$300
Per day
355 IAC 7-3-1
Engage in
							 business for hire without a business license.
$250
$500
$1,000
Per day
355 IAC 7-3-3
Distribute fertilizer material without a business license.
$250
$500
$1,000
Per day
355 IAC 7-3-3
Distribute fertilizer material to an unlicensed user.
$100
$200
$300
Per incident
355 IAC 7-3-4
Fail to
							 train employees.
$100
$200
$300
Per
							 incident
355 IAC 7-3-4
Supervise
							 more than 10 employees.
$100
$100
$100
Per
							 day and per person
355 IAC 7-3-4
Fail to
							 properly supervise employee.
$125
$250
$500
Per day
IC 15-16-2-43 and
							 355 IAC 7-4-4
Use fraud
							 in applying for license, permit, or registration.
$250
$500
$1,000
Per incident
355 IAC 8-3-1(1)
							  and
							 355 IAC 8-3-1(2)
Fail to develop or follow a fertilizer application plan.
$100
$250
$500
Per incident
355 IAC 8-3-1(3)
Apply fertilizer material directly to surface water.
$100
$250
$500
Per incident
355 IAC 8-3-1(4)
Apply fertilizer material to saturated ground.
$100
$250
$500
Per incident
355 IAC 8-3-1(5)
Apply fertilizer material from a public road.
$100*
$250*
$500*
Per incident
355 IAC 8-3-2
Fail to
							 follow proper unmanipulated organic fertilizer application setback or
							 incorporation requirements.
$250
$500
$1,000
Per incident
355 IAC 8-3-3
Improper
							 application of unmanipulated organic fertilizer to highly erodible
							 land.
$250
$500
$1,000
Per incident
355 IAC 8-3-4
Improper
							 application of unmanipulated organic fertilizer to frozen or snow covered
							 ground.
$250
$500
$1,000
Per incident
355 IAC 8-3-5
Fail to
							 properly monitor organic fertilizer application.
$100
$250
$500
Per day
355 IAC 8-4-1
Fail to
							 properly stage inorganic fertilizer.
$250
$500
$1,000
Per incident and per day
355 IAC 8-4-2
Fail to
							 properly stage organic fertilizer.
$250
$500
$1,000
Per incident and per day
355 IAC 8-5-1
Fail to
							 keep proper distribution records.
$25
$50
$75
Per day
355 IAC 8-5-2
Fail to
							 keep proper application records.
$25
$50
$75
Per day
355 IAC 8-5-3
Fail to
							 make records available.
$100*
$250*
$500*
Per incident
355 IAC 8-5-1 and
							 355 IAC 8-5-2
Make
							 false records
$250*
$500*
$1,000*
Per
							 incident
*This penalty shall not be subject to the potential for
				  mitigation listed in section 3 of this rule.