Why does IDEM take enforcement actions?
Making Indiana a cleaner, healthier state is the goal of the Indiana Department of
Environmental Management. An important step toward achieving that goal is to ensure Indiana
businesses, individuals, and governmental entities are complying with environmental laws. IDEM
uses the tool of enforcement to bring facilities with serious environmental problems into
compliance with the law. The IDEM Office of Enforcement's mission is to respond to violations
with timely, quality enforcement actions that accomplish three major goals: (1) achieve
compliance, (2) deter future violations, and (3) result in an improved environment.
Once violations are noted by personnel in the Offices of Air Management, Water Management, Solid and Hazardous Waste Management, and Environmental Response, the nature of the violation is evaluated. If the violation is serious, it is immediately referred to the Office of Enforcement. If the violation is not serious in nature, the individual programs will typically work with the violator to correct the problem. Only in cases where the violation remains uncorrected, a referral is made to the Office of Enforcement.
Understanding the Enforcement Process
Enforcement Actions taken by the agency utilize the tools listed below:
Notice of Violation- A Notice of Violation (NOV) informs the Respondent that IDEM believes
violations of environmental laws or regulations have occurred. The Respondent (violator) is
invited to attend a conference to discuss violations or solutions.
Agreed Order - By statute, the Respondent has a 60-day settlement period after receiving a
Notice of Violation in which to enter into an Agreed Order with IDEM. Agreed Orders contain
steps the Respondent must take to comply with the law. In most cases, Agreed Orders include a
fine for past violations and stipulated penalties for failure to complete future compliance steps.
Agreed Orders will not necessarily require a Respondent to admit that a violation of law occurred.
Fines may be lessened if the Respondent can demonstrate that mitigating circumstances existed.
Commissioner's Order - This is a unilateral order requiring specific action to correct a violation
and/or pay a fine. Commissioner's Orders are issued when a Notice of Violation is not settled by
Agreed Order.
Emergency Order - An Emergency Order is a formal enforcement action that may be issued by
IDEM (or other state agency) if an emergency exists; or a statute authorizes the agency to issue
a temporary order to take immediate action to cease activities causing violations where human
and/or environmental health is threatened. Emergency Order’s expire after 90 days. A party
affected by the Emergency Order may request a hearing under IC 4-21.5-4-4 by submitting a
written request to the Office of Environmental Adjudication.
Judicial Order- Any Order issued by a court of record, such as a Superior Court or Circuit
Court. This would not include an order issued by an administrative court such as the Office
of Environmental Adjudication.
Fines - Although state law authorizes fines up to $25,000 per day per violation, most are much
less. The amount of the fine depends on the magnitude of the violation, the potential harm to
human health and the environment, the economic benefit gained by the violator by not complying,
and the violator's efforts to achieve compliance (See Civil Penalty Policy). Many fines today are
partially offset through the use of Supplemental Environmental Projects (SEP's). These
projects allow violators to offset a portion of their penalty by performing projects which
remediate adverse health and environmental consequences of pollution. SEP's provide
opportunities to improve the environment beyond the requirements specified by law.
If You Receive a Notice of Violation
The first step in ensuring a smooth settlement of your case is to contact the case manager
at the IDEM Office of Enforcement who is assigned to your case. He or she is familiar with the
circumstances of the alleged violation(s), and is eager to work with you. Before you do so, please
review the contents of the proposed Agreed Order, if one has been included. If an Agreed Order
is not included, the case manager will discuss the specifics of your case in a conference.
What Comes Next?
Indiana Department of Environmental Management
Office of Enforcement
P.O. Box 6015
Indianapolis, IN
46206-6015
Phone: (317) 233-5529 or 1-800-451-6027 (within
Indiana)
Fax: (317) 233-5968
