(A) When the Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued pursuant to this chapter, or any other pretreatment standard or requirement, the Superintendent may fine such user in an amount not to exceed $2,500 as provided by IC § 36-1-3-8. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation.
(B) Any person who knowingly makes any false statement, representation or certification in any application, report, or other document required by this chapter or other applicable regulation, or who tampers with or knowingly renders inaccurate any monitoring device, will, upon conviction, be guilty of a Class A infraction and may be fined by any sum not to exceed $10,000 pursuant to IC § 34-28-5-4(a).
(C) Unpaid charges, fines, and penalties shall, after 60 calendar days, be assessed an additional penalty of 10% of the unpaid balance, and interest shall accrue thereafter at a rate of 1.8% per month. A lien against the user's property may be filed for unpaid charges, fines, and penalties.
(D) Users desiring to dispute such fines must file a written request for the Board to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request is granted, the Board may convene a rehearing of the matter. In the event the user's appeal is successful, any portion of the original fine abated shall be refunded to the user, together with any interest accruing thereon. The Board may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(E) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
