357 Ind. Admin. Code 1-6-2
Current through October 31, 2024
Authority: IC 15-16
Affected: IC 15-16-4; IC 15-16-5
Sec. 2.
| 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. | |||||
357 IAC 1-6-2