355 Ind. Admin. Code 9-3-1
Current through December 4, 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:
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.
355 IAC 9-3-1