Sec. 66. (a) The state chemist may impose civil penalties only in accordance with the schedule of civil penalties adopted by the board.
(b) The board shall establish a schedule of civil penalties that may be imposed under section 65 of this chapter by rule adopted under IC 4-22-2. The rule adopted under this subsection may not provide for a civil penalty that exceeds the following:
(1) For a violation committed by a person who is required to be certified as a private applicator, one hundred dollars ($100).
(2) For a violation by a person who is not described in subdivision (1), the following:
(A) Two hundred fifty dollars ($250) for a person's first violation.
(B) Five hundred dollars ($500) for a person's second violation.
(C) One thousand dollars ($1,000) for a person's third violation and each subsequent violation.
(c) If a violation is of a continuing nature, the state chemist may impose a civil penalty for each day that the violation occurred.
(d) A proceeding under IC 4-21.5-3 that involves a civil penalty may be consolidated with any other proceeding commenced under IC 4-21.5 to enforce this chapter or the rules adopted under this chapter.
(e) Money collected for civil penalties imposed under section 65 of this chapter shall be credited to the office of Purdue pesticide programs. The money may be used only to provide education about pesticides.
[Pre-2008 Recodification Citation: 15-3-3.6-14.5.]
As added by P.L.2-2008, SEC.7.
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