ENFORCEMENT

Indianapolis-Marion County Revised Code tit. III, ch. 511, art. VI

in effect

Indianapolis-Marion County Revised Code § 511-601 Notice of violation.

Sec. 511-601. - Notice of violation. (a) Whenever the administrator has cause to believe that a person has violated this chapter, a regulation adopted by the board, or a permit issued by the office, the administrator shall notify the person. A written notice of violation shall be delivered personally or by registered, certified or first class mail to the person. (b) The notice of violation should contain the following information: (1) When the violation occurred; (2) The location where the violation occurred; (3) A reference to and description of the provision of this chapter, regulation adopted by the board or permit issued by the office that was violated; (4) A statement of the facts which constitute a violation; (5) A brief description of the enforcement procedure initiated by the administrator; (6) A statement describing the procedures available to contest the administrator's actions. (c) For purposes of assessing a penalty pursuant to paragraph (a) of section 511-607 of this chapter, a notice of violation is not a finding that a violation has occurred. (Code 1975, § 4-60; G.O. 15, 2001, § 46)

Indianapolis-Marion County Revised Code § 511-602 Orders.

Sec. 511-602. - Orders. (a) When the administrator issues a notice of violation pursuant to section 511-601 of this chapter, the administrator may include an order as prescribed in paragraphs (b), (c) or (d) of this section. (b) The administrator may order all actions necessary to remedy a violation. The order shall allow a reasonable time to implement the actions. Such orders may: (1) Require specific action necessary to abate continuing or future violations; (2) Prohibit an action that is causing a violation; (3) Require submittal of information including, but not limited to, operating data and stack test results; (4) Require submittal of a program to attain and maintain compliance. Such a program must be approved in writing by the administrator or incorporated into an agreement pursuant to section 511-606 of this chapter. (c) The administrator may revoke a permit or permits specified in the notice of violation. The order shall state the effective date of the revocation and the actions which are necessary for the administrator to reissue the permit. The order may prohibit further installation, construction, modification or operation of the air contaminant emitter in violation. (d) The administrator may issue an order in accordance with powers and procedures established in a regulation adopted by the board. (e) The administrator may modify the terms of an order or extend the time allowed to comply with the order. (f) A violation of an order is a violation of this chapter and its regulations. (Code 1975, § 4-61)

Indianapolis-Marion County Revised Code § 511-603 Civil enforcement.

Sec. 511-603. - Civil enforcement. (a) The administrator may initiate a civil action to assess and recover civil penalties and/or for a temporary or permanent injunction whenever: (1) A person violates the terms of an order issued pursuant to sections 511-602, 511-606, or 511-608 of this chapter; or (2) The administrator has issued a notice of violation to a person and: a. The person is an owner or operator of a major source in violation of a provision of a state implementation plan approved by the United States Environmental Protection Agency; or b. The person is an owner or operator of a facility or source in violation of a permit issued in accordance with Title V, Title IV, or Part C or D of Title I of the Clean Air Act of 1990; or c. The person is an owner or operator of a stationary source in violation of a provision of new source performance standards or national emission standards for hazardous air pollutants, as adopted by the board; or d. The person has violated a provision of regulations adopted by the board governing asbestos abatement or motor vehicle tampering; or e. The person has engaged in an activity without a necessary permit issued by the office; or f. The administrator determines that the violation substantially impairs public health or welfare. (b) The administrator shall initiate civil enforcement by submitting a written request to the corporation counsel to file a complaint of ordinance violation and/or to seek an injunction. The administrator shall send notice of the written request to the person subject to the action. (Code 1975, § 4-62; G.O. 15, 2001, § 47)

Indianapolis-Marion County Revised Code § 511-604 Administrative adjudication.

Sec. 511-604. - Administrative adjudication. The administrator may enforce violations of this chapter, including its permits and regulations, by following the procedures set forth in Chapter 103, Article V, to assess and recover civil penalties. (Code 1975, § 4-63; G.O. 181, 1997, § 2)

Indianapolis-Marion County Revised Code § 511-605 (Reserved for ticket enforcement procedures).

Indianapolis-Marion County Revised Code § 511-606 Compliance agreements.

Sec. 511-606. - Compliance agreements. (a) Whenever the administrator issues an order pursuant to section 511-602 of this chapter, the administrator and the person subject to the order may enter into an agreement which establishes a program and schedule to attain and maintain compliance. Upon written approval of the agreement by both parties, the agreement shall be issued as an order pursuant to section 511-602 of this chapter, and the original order shall be vacated. If the parties cannot agree to the terms of an agreement, the terms of the original order shall remain in effect, unless modified by the administrator. (b) Whenever civil enforcement is taken pursuant to section 511-603 of this chapter, the administrator and the person subject to the action may negotiate an agreement which establishes a program and schedule to attain and maintain compliance, penalties and other provisions necessary to ensure compliance. The agreement shall take effect upon approval by the court. (c) Whenever administrative adjudication is instituted pursuant to section 511-604 of this chapter, the administrator and the person subject to the action may negotiate an agreement which establishes a program and schedule to attain and maintain compliance, penalties and other provisions necessary to ensure compliance. The agreement shall take effect upon approval by the hearing officer. (Code 1975, § 4-65; G.O. 181, 1997, § 2)

Indianapolis-Marion County Revised Code § 511-607 Penalties.

Sec. 511-607. - Penalties. (a) Any person found in violation of any provision of this chapter, any regulation adopted by the board or any permit issued by the office as part of the office's program approved or conducted pursuant to an agreement with the Indiana Department of Environmental Management may be fined an amount not to exceed ten thousand dollars ($10,000.00) for each violation. Any person found in violation of any other provision of this chapter, any other regulation adopted by the board or any other permit issued by the office may be fined an amount not to exceed two thousand five hundred dollars ($2,500.00) per violation. Each day in violation shall be considered a separate violation. (b) Notwithstanding section 103-3 of this Code or paragraph (a) of this section, either a court acting pursuant to section 511-606(b) or a hearing officer acting pursuant to section 511-606(c) may accept a compliance agreement without finding that a violation occurred or an admission that a violation occurred if the person subject to the penalty agrees to pay the penalty pursuant to such agreement. (c) A court order, whether issued unilaterally by the court or pursuant to an agreement under section 511-606(b) of this chapter, or an order issued as a result of administrative adjudication under Article V, Chapter 103, may require the payment of stipulated penalties in the event the terms of such order are violated. The stipulated penalties shall not exceed the amounts as described in paragraph (a) of this section 511-607 for each violation. Each day in violation shall be considered a separate violation. (d) Nothing in this section 511-607 or any other section of this chapter shall limit the office's referral of violations to other appropriate agencies for investigation of potential violations of state or federal law. (Code 1975, § 4-66; G.O. 181, 1997, § 2; G.O. 15, 2001, § 48)

Indianapolis-Marion County Revised Code § 511-608 Emergency enforcement procedures.

Sec. 511-608. - Emergency enforcement procedures. (a) Notwithstanding any other provision of this chapter or its regulations, if the administrator determines that emissions from an air contaminant emitter are presenting imminent and substantial danger to the public health or welfare, or to the environment, the administrator may order an immediate reduction or cessation of the emissions or other actions necessary to abate the hazard. Such order shall be effective for not more than forty-eight (48) hours, unless affirmed pursuant to paragraph (b) of this section. A violation of the order shall be a violation of this chapter and its regulations. (b) The administrator shall request the corporation counsel to initiate a civil action to affirm the administrator's order and to abate the hazard. (c) Nothing in this section limits any power which the mayor or any other official may have to declare an emergency and act on the basis of such declaration. (d) Nothing in this section precludes civil or criminal enforcement against the owner or operator of the air contaminant emitter for violations of any applicable law. (Code 1975, § 4-67)

Indianapolis-Marion County Revised Code § 511-609 Other enforcement provisions.

Sec. 511-609. - Other enforcement provisions. Notwithstanding any other provision of this chapter or its regulations, the administrator may request the corporation counsel to initiate other civil actions authorized by Indiana law, including, but not limited to, injunctive relief. (Code 1975, § 4-68)

Indianapolis-Marion County Revised Code § 511-610 Board enforcement.

Sec. 511-610. - Board enforcement. Whenever the board determines that the administrator has not initiated enforcement procedures within a reasonable time or taken appropriate enforcement action, the board may enforce this chapter and its regulations pursuant to the powers conferred upon the administrator in this article. (Code 1975, § 4-69)

Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIIIPUHEWE_CH511AIPOCO_ARTVIENFetched: 10/27/2026